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HomeMy WebLinkAbout05-29-13 Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING WEDNESDAY, MAY 29, 2013 7-nn D m 1. INVOCATION - REV. TONY SLAGLE 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES. 5. SPECIAL BUSINESS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE MIKE SCHMUHL -CHIEF OF STAFF 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 19 -13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF INDIANA AVENUE FROM ST. JOSEPH STREET EAST APPROX. 200 FEET TO THE NORTH /SOUTH ALLEY, AND A WIDTH OF 14 FEET 09 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS 18 -13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS 22 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 23 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $25,575.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATIONS DUES 24 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 8. BILLS, THIRD READING TIME: BILL NO. 19 -13 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF INDIANA AVENUE FROM ST. JOSEPH STREET EAST APPROX. 200 FEET TO THE NORTH /SOUTH ALLEY, AND A WIDTH OF 14 FEET 09 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS 18 -13 THIRD READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS 22 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 23 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $25,575.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATIONS DUES 24 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY- AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 9. RESOLUTIONS BILL Nn- 13-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT /NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2013 TEAMSTER LABOR NEGOTIATIONS 10. BILLS, FIRST READING BILL NO- 25-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 11 -13 - REZONING /SPECIAL EXCEPTION - 3801 W. WESTERN AVE. 2. BILL NO. 20 -13 - REZONING - 5661 F.J. NIMTZ PARKWAY & VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT TO 5661 F.J. NIMTZ 3. BILL NO. 21 -13 - REZONING - 85 ACRES SOUTHEAST CORNER OF SAMPLE ST. AND PRAIRIE AVE. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. �"-� l\ 9(Z) IQ -I3 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF INDIANA AVENUE FROM ST. JOSEPH STREET EAST APPROX. 200 FEET TO THE NORTIUSOUTH ALLEY, AND A WIDTH OF 14 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: The first east/west alley South of Indiana Avenue from St. Joseph Street east approx. 200 feet to the North/South alley and a width of 14 feet being a part of Bowman Place Addition, City of South Bend, Portage Township, St. Joseph County, Indiana 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 the individual utilities. right -of- -way, unless such rights are released by SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 1234, 1229, 1228, 1227, 1244, 1245, 1246, 1247, 1248. SECTION VI. The purpose of the vacation of the real property is to consolidate the property to build a new church. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk 1,i PEADING PUBLIC FEARING 3,d REF NNIG NOT APPROVED REFERRED PASSED Member of the Common Co44cil �"' WIn of 1AR is ovnj m to p>;ok -As, alt iu a Y.F d3ax�' s�9 c Ciri.�; 4 F and /�ay.�`>s'�YS i7,.', i'abd R� ra <7 4 � �tfY? CAuncli action on US issue, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Approved and signed by me on the o'clock . M. City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Filed-in Clerk's Offflce MAC` 1�-- iffl CITY CLERKS SOOTA SEND, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: .I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The First East /West Alley South of Indiana Ave From St Joseph St East Approx. 200 feet to the North /SouthAlley and a Width of 14 feet. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT # CONTACT PERSON (S) NAME: r dLS �c car.�w ((k.�i �n• St, RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 t- Hi iork,s O Ioo 574 - 235 -9221 PHONE: S `(, 3 -3L ( ` MAY I - ZQ13 C TY CLE Mt, , SOUTH MEND, IN so FilW In Office MAY I ® ?013 JON" vcokpE CITY CL -f-,K:-SC,-, : r)i OEND, IN \\ � \ }k} \ {|I M3 m o FilW In Office MAY I ® ?013 JON" vcokpE CITY CL -f-,K:-SC,-, : r)i OEND, IN INMAN.4,, AV-71 7 L A I ' 7' FP -I- I J Filed hq WW R Office F Al" 1 ri;y 1 al�, caw c johl 6E ITY LE , RK, 1316 COUNTY- C.'ITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Pastor Ricardo Taylor, Sr.. Mount Carmel Baptist Church 137 East Indiana Avenue South Bend, Indiana 46613 CITY OF SOUTH BEND PETE BUT'TIGIEG, MAYOR BOARD OF PUBLIC WORKS March 26, 2013 PHONE 574/ 235 -9251 FAX 574/235-9171 RE: Alley Vacation — The East/West Alley between Indiana Street and Dubail Street from Carroll Street to the North/South Alley (Preliminary Review) Dear Pastor Taylor: The Board of Public Works, at its March 26, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that 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. Engineering stated that you must maintain utility easements and, if necessary, pay for the cost of relocating the utilities. alley. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this PIease contact Tony Molnar at (574) 235 -9254 prior to pieldng Up yonr radius man You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering Sincerely, ft Jdtr `1-i da M. Martin_ Clerlr ....- �il�d in Clark's JOHN Voo °ROE ! CITY CL.ERk PouTi# Sr- iii GARY A. GILOT DONALD E. INKS KATaRYN E. Roos MICHAEL C. M.ECHAM MARK W. NEAI. K�,'fti�ueoF_ +c M + a IZ 0 �s �a 12 ,�? �► t oru- u� EEC ,fsu- ,ry 58 - r O f�8 att /• m 5i, ff9 t Melinda Lercel From: Eugene Eyster Sent: Monday, March 11, 2013 9:47 AM To: Melinda Lercel Subject: RE: Alley Vacation - Mt. Carmel Baptist Church Melinda, The Police Department would have no objection to th.e approval of this request Lt. Eyster From: Melinda Lercel ........... I ............... ..... ... . . . ......... Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecharn; Federico Rodriguez; jbyorni@co-st-josephJn.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin@nisource.com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one! Thank you, * I Melinda Lercel Department of Public Works Division of Engineering (574) 235-9251 mlerce]Psouthbendin.go City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 httP://www.so thbendin.gov nnataqMZ92Y I Melinda Lercel From: Michael Divita Sent: Tuesday, March 12, 2013 10:58 AM To: Linda Martin Cc: Ati.n Kain; Melinda Lercel Subject: FW: Alley Vacation - Mt. Carmel Baptist Church Attachments: Alley Vacation - Mt Carmel Baptist Church.pdf Alley Vacation - Mt. Carmel Baptist Church Community Investment recommends approval. Mt. Carmel owns all of the property adjoining this alley segment. No neighborhood or access issues evident should this vacation proceed. Note: Alley vacation request is for east -west alley east of St. Joseph Street (not Carroll Street as the cover memo states). >:., ,-._....._............_ ........__.. ................... ....... ....... .._..._.....___......_......... From: Jitin Kain Sent: Tuesday, March 12, 2013 8:43 AM To: Michael Divita Subject: FW: Alley Vacation - Mt. Carmel Baptist Church r+ t el Divita Director, Planning ... Planner e Department of Community Investment ,..;. a :a0 '• City of South Bend _,' 227 W. Jefferson Blvd., Suite 1400S "` South Bend, IN 46601 VISIT OUR NEW WEBSITE SOUTHEENDIN (574) 235 -5843 mdivitaRsouthbendin aov >:., ,-._....._............_ ........__.. ................... ....... ....... .._..._.....___......_......... From: Jitin Kain Sent: Tuesday, March 12, 2013 8:43 AM To: Michael Divita Subject: FW: Alley Vacation - Mt. Carmel Baptist Church ..... _ ._..._..._..._ ............._. _.__._.._._..__._.___......_... From: Melinda Lercel Sent: Monday; March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st - joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Mt. Carmel Baptist Church Jitin Director, Planning Department of Community Investment -5835 jkain@southbendin.gov rraR City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 VISIT OUR NEW WEBSITE SOUTHEENDIN ..... _ ._..._..._..._ ............._. _.__._.._._..__._.___......_... From: Melinda Lercel Sent: Monday; March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st - joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one! Thank you, Melinda tercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel@southbendin.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.go v - � To: FROM: Sua j,ecT. APpL1CgN� T LOCAT1oN: FAX o �(/E' R E`JWAIL 7-0. 1 B aRD O 10E MEMO F PUBLIC VVO Andre price Jitin Kainr �. Solid Waste Michael Me orf munity /nvestme Federiconom...- _....__ ......: .:.:........... .._ ..... :... ..._:...... ............. .................. John Rodriguez ngrneerin9 D� .. ose gY °rn1, Area P1 F,re pepartrn -. Gene h.in.us or 235 -9813 ornmisslo►�:: — - - — — ster, police pe fax hh1 rYl Greene, ice partrnent Griffin, NlpSC Linda orney's O M. Martin C (m ftic v Clerk r�r� ACgT1pN RECOMMENDgTIa Mt. Ca The Ea►7t�e/ Baptist urch Ch to the No west Alley be la rth South Alleyeer, 8> 2013 Indiana a RFCO -- ...,endin ov ~"�MEN�ATIpkS ANp C oMMENTS: By Date _ c ffip FROM: SUBJECT: INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/8/2013 Andre Price, Solid Waste Jitin Kain, Community Investment Michael Mecham, Engineering Department Federico Rodriguez, Fire Department John Byorni, Area Plan Commission (ibyorni Oco.st- ioseph.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin nisource.com) (FYI Only) Linda M. Martin, Clerk v REQUEST FOR RECOMMENDATION -- PROPERTY VACATION APPLICANT: Mt. Carmel Baptist Church LOCATION: i no tast West Alley between Indiana and Dubail from Carroll to the North South Alley DATE DUE: January 28, 2013 FAX OR E -MAIL TO: 235 -9171 1(martin - southbendin gov RECOMMENDATIONS AND COMMENTS: 4) j , 4't) L_- By t �ic� /" jL� !'� ? Date c3 2 Cl Melinda Lercel From: Federico Rodriguez Sent: Thursday, March 14, 20131:00 PM To: Melinda Lercel Subject: RE: Alley Vacation - Mt. Carmel Baptist Church Approved S,B.F.D Federico (Chico) Rodriguez Fire Marshal Fire Prevention Bureau (574) 235 -7564 frodrigu@southbendin.gov South Bend Fire Department 1222 S. Michigan St. 46601 .............. ....I _.,_ ............................._._..._............__ ._.._........................_. From: Melinda Lercel __. .... ...... _..._ _.._.._ ........................ Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st josephJn.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one! Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel@southbendin.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov Melinda Lercel From: Michael Divita Sent: Tuesday, March 12, 2013 10:58 AM To: Linda Martin Cc: Jitin Kain; Melinda Lercel Subject: FW: Alley Vacation - Mt. Carmel Baptist Church Attachments: Alley Vacation - Mt Carmel Baptist Church.pdf Alley Vacation - Mt. Carmel Baptist Church Community Investment recommends approval. Mt. Carmel owns all of the property adjoining this alley segment. No neighborhood or access issues evident should this vacation proceed. Note: Alley vacation request is for east -west alley east of St. Joseph Street (not Carroll Street as the cover memo states). ;, ......ty* Michael Divita •;- Planner Department of Community Investment City of South Bend 227 W. Jefferson Blvd., Suite 1400S South Bend IN 46601 (574) 235 -5843 mdivita(a@southbendin gov From: Jitin Kain Sent: Tuesday, March 12, 2013 8.43 AM To: Michael Divita Subject: FW: Alley Vacation - Mt. Carmel Baptist Church Atin Kain rt Director, Planning Department of Community Investment (574) 235 -5835 jkainPsouthbendin gov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 MC IR ~ ..... ...................... ..-1.. ... ,. __- ......... ..... . ........ ..............._....... _ .......... ............_.. _... From: Melinda Lercel Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @cost josephJn.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource,com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercelOsouthbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http: / /www.southbendin gov Melinda Lercel From: Christa Nayder <CNayder @co.st josephJn.us> Sent: Friday, March 15, 2013 3:23 PM To: Melinda Lercel Subject: Re: Alley Vacation - Mt. Carmel Baptist Church Attachments: Mt Carmel Baptist Church.doc Please find our recommendation attached Christa Nayder Planner Area Plan Commission 574- 235 -9571 cnayder( co st- joseph in us >>> Melinda Lercel <m!ercel@south bend in Qov> 3/11/2013 8:35 AM >>> This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one! Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 m tercel @southbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http:Hwww.south bend in.eov IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -malls are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents'of this message which arise as a consequence of E -Mail transmission. If verification is required, please request a hard -copy version. Melinda Lercel From: Andre Price Sent: Monday, March 18, 2013 8:41 AM To: Melinda Lercel Subject: RE: Alley Vacation - Mt. Carmel Baptist Church Melinda, this will not affect trash collection. ....... _ ........ . _ ........._..._...._......... ............................... ....................... ._ .... __............._. ......... ................... _...._ ............. _.._....... .... .............. _. ....................... ........ —..._ ................ _ ... ..... _ .......... _ ..... _ ............. _._... From: Melinda Lercel Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one! Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel@southbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http:/Jwww.southbendin.gov JOHN W. BYORNI EXECUTIVE DIRECTOR c9l)co LARRY MAGL,IOZZI DEPUTY DIRECTOR PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571 March 18, 2013 City of South Bend Board of Public Works 13th Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Petitioner: Mt. Carmel Baptist Church Location: East West Alley between Indiana and Dubail from Carroll to the North South Alley Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) 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. It is the staff's understanding that the alley is purposed to be vacated for future development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner owns the property adjacent to what they are requesting to vacate. The remaining sections of the alleys would remain open for access to the other lots. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. The church is the property owner requesting the vacation. The public could still access the church from the remaining alleyways. (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The configuration of the remaining east half of the east/west alley and the north /south alley may hinder the turning radius, especially of larger vehicles like garbage trucks. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved subject to the petitioner dedicating additional right -of -way from lots 67, 68, and 84, Bowman Place Addition to accommodate the turning radius. Please contact our office if you have any questions or need any additional information. Sincerely, Angela M. Smith, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND WWW.STJ OSEPHCOUNTY I NO I ANA. CC TO: FROM.: SUBJECT: APPLICANT: LOCATION: DATE DUE: FAX OR E -MAIL TO: In INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/8/2013 ,Andre Price, Solid Waste Jitin Kain, Community Investment L /ichaei Mecham, Engineering Department ederico Rodriguez, Fire Department /John Byorni, Area Plan Commission (ibyorni(c)-co.st- 'ose h.in.us or 235 -9813 fax) V Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin a nisource.com) (FYI Only) Linda M. Martin, Clerk A__ REQUEST FOR RECOMMENDATION — PROPERTY VACATION Mt. Carmel Baptist Church The East West Alley between Indiana and Dubai] from Carroll to the North South Ailey January 28, 2013 235 -9171 / Imartin(a7_southbendin.gov RECOMMENDATIONS AND COMMENTS: Date Bill No. -13 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that on January 30, 2013, Ronald Teachman was sworn in as the 61 S` Chief of Police of the South Bend Police Department. During his remarks, Chief Teachman listed the nine (9) basic " Peelian Principles" which have become the basic foundation of law enforcement and community policing. The first principle provides that "The basic mission for which the police exist is to prevent crime and disorder ". The third principle provides that "Police must secure the willing co- operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public ". The Common Council further recognizes that the U.S. Department of Justice Office of Community Oriented Policy Services (COPS) has developed a wide variety of articles setting forth research and "best practices" on a variety of police enforcement and crime prevention strategies. Consistent with the Peelian Principles, COPS research and research from other communities, the following ordinance has been developed to give another tool. for our City. The ordinance advances legitimate public purposes which are designed to protect the valuable services provided by the Police Department. Valued police services should not be wasted in responding repeatedly to problem properties, when other areas of the city are in need as these vital public safety services. We also recognize the need for Code Enforcement to inspect many chronic problem properties within the City. This results in added time and resources being dedicated to repeat visits to chronic problem properties, which detract from the inspectors responsibilities to other properties throughout the City. It is also designed to be a catalyst for the Police Department, Code Enforcement Department and the Law Department to collaborate more effectively together among themselves and with the Common Council and the public, when addressing chronic problem properties. Through the analysis of calls for service, problem locations /properties can be identified. The data on calls for service include among other things the number of calls by hour and day; number of calls by beat; calls which required backup; and time spent by police officer(s) on each call as it is categorized. This ordinance is solutions- oriented so that identified problem areas and the underlying causes of such problem properties are routinely addressed with the support of the community. By abating such problem locations, the time of the "beat officer" in particular would be freed up to provide such needed public safety services in other areas of the City. Chronic Problem Properties Regulations Ordinance Page 2 The following ordinance is believed to be in the best interests of the City of South Bend, Indiana, and provides another mechanism so that actions are taken in a fair and timely manner. Section I. Chapter 13 of the South Bend Municipal Code is amended by the inclusion of new Article 12 which shall read in its entirety as follows: Article 12. Chronic Problem Property Regulations Sec. 13 -155 Findings of the Council and Purposes of Regulations. (a) The Common Council finds that excessive calls for service to problem areas, trouble spots, or high- activity areas, place an undue burden on public safety resources, which may result in decreased public safety services being provided to other geographic areas of the City of South Bend, Indiana. (b) The Council further finds that by utilizing enforcement problem - oriented policing strategies, that a corresponding reduction in calls for service and crime prevention should result. (c) The regulations set forth in this Article are designed to protect the overall public health, safety and welfare of the City. They are further designed to help prevent and assist in abating repeat calls for service to the same property or location, which may result in diminished public safety services being provided to other residents and areas of the City. Repeat nuisance service call fees are authorized to be imposed and collected from the owner of the property designated as a chronic problem property. Such fees are intended to help cover costs incurred by the City which.are over and above the cost of providing services to properties not so designated. (d) The regulations set forth in this Article are supplemental to other regulations codified in the South Bend Municipal Code and are designed to address chronic problem properties. Sec. 13 -156 Definitions. As used in this Article: (a) Abate shall mean to remedy a condition which constitutes a violation of this Article which is necessary and in the interest of the general health, safety and welfare of the City. (b) Chronic Problem Property is a property which meets the following criteria: Chronic Problem Properties Regulations Ordinance Page 3 1. Has had not less than five (5) valid complaints in sixty (60) calendar days for any criminal offense governed in Title 35 of the Indiana Code, and /or ordinance citations being issued for a violation of the South Bend Municipal Code which occurred on the property and resulted in a police response and police documented call for service; or 2. Has had not less than five (5) letters issued by the Code Enforcement Department in sixty (60) calendar days which sought compliance by the property owner with section(s) of the South Bend Municipal Code; or 3. A combination of valid complaints and /or ordinance citations issued by a sworn member of the Police Department as further addressed in ¶ 1 herein, and /or has been issued letters by the Code Enforcement Department as further addressed in ¶ 2 herein, which together total not less than five (5) in number issued in a sixty (60) calendar day period. in designating a specific property as a chronic problem property, the Law Department, shall review: (i) The number of police documented calls for service, the number of valid complaints and ordinance citations issued by the Police Department to a location in a sixty (60) day period; and (ii) The number of compliance letters sent by the Code Enforcement Department to a location in a sixty (60) day period. Once designated as a chronic problem property by the Law Department, said property shall remain so designated and tracked on a computerized matrix for compliance /enforcement purposes for one (1) year from the date of designation. Said matrix shall be regularly updated and prominently posted on the City's website. Said designation shall only be removed upon action by the Law Department after reviewing documentation from the Police Department and Code Enforcement Department confirming that the subject property has not been the subject of a valid complaint or code violation for a period of not less than three hundred sixty -five (365) continuous days, and that any and all fines and repeat nuisance service call fees associated with the designated chronic problem property have been paid in full. Chronic Problem Properties Regulations Ordinance Page 4 (d) Citation shall mean an act which is prohibited or an offense which is punishable under the South Bend Municipal Code for which a written ordinance violation citation was issued by the Police Department requiring payment.of a fine to the Ordinance Violations Bureau. (e) City means the City of South Bend, Indiana. (f) Police documented call for service shall mean when a sworn member of the Police Department is dispatched or deployed to respond to an incident at a specific location as a police response. (g) Police response shall mean any and all police action needed to protect the health, safety and welfare of inhabitants of a property or location where valid complaint(s) have been documented, with such police response being subject to the governing rules and regulations of the Police Department. (h) Valid complaint shall refer to a police documented call for service that a incident took place at a specific property requiring sworn police personnel to be dispatched or caused to respond. The term does not include incidents involving an occupant of the premises as the victim of the crime. Sec. 13 -157 Notification of Being Designated by the City as a Chronic Problem Property.' (a) The Law Department shall notify in writing to the property owner that his/her property has been designated as a chronic problem property. Said notification shall be delivered in person by an individual designated by the City by leaving a copy of the notification personally to the person 'to be notified, by leaving a copy of the notification as set forth below, with such notification being documented by the City in their records; or by sending the notice to the property owner by priority mail which is tracked on line with the City tracking the date said notification was delivered. The notification shall be sent to the property owner's residence or usual place of business which is on record in the assessor's office. This notification shall identify: 1. The property owner and list the specific address that has been designated as a chronic problem property; Indiana Code § 36 -1 -1 through Indiana Code § 36 -1 -10 set forth the governing state law provisions for the enforcement of municipal ordinances. Section 2 -13 of the South Bend Municipal Code identifies the City's nine (9) executive departments and specifically lists the Law Department, Police Department and Code Enforcement Department. Chronic Problem Properties Regulations Ordinance Page 5 2. The number of police documented calls for service involving valid complaints, the number of citations issued, the number of letters issued by the Code Enforcement Department, or any combination thereof which have occurred on said property in the past sixty (60) calendar days ; I The cost incurred by the City for the police documented calls of service to the property; 4. The cost incurred by the City for the background investigation and issuance of letters by the Code Enforcement Department; 5. The individual and his/her city contact information including the name, position, mailing address, telephone & fax numbers and email address to whom the property owner of the property designated as a chronic problem property may contact if he /she has questions regarding the notification; 6. The time period which the designation as a chronic problem property will last and the terms and conditions which must be met for the removal of such designation; and 7. Notice that the costs of future police documented calls for service involving valid complaints, as well as future costs incurred by the Code Enforcement Department for any background investigation and issuance of letters which it may be required to issue which seek compliance of items found in violation on the subject property, which may be assessed against the property owner. (b) Copies of the written notice sent by the Law Department on each property designated as a chronic problem property shall be simultaneously sent electronically to the South Bend Police Department, Code Enforcement Department, Office of the City Clerk and District Council Member who represents the District where the subject property is located. (c) The City deems the owner of the property and the occupants of the property responsible for any and all prohibited conduct occurring upon the premises after receipt of the written notice designating the property as a chronic problem property.2 s The wording in this paragraph is similar to that set forth in Section 13 -75.5 of the South Bend Municipal Code addressing disorderly house regulations. Chronic Problem Properties Regulations Ordinance Page 6 Sec. 13 -158 Repeat Nuisance Service Call Fees for Chronic Problem Properties; Notice.3 (a) The South Bend Police Department and the Code Enforcement Department shall file semi - annually with the Law Department and the Office of the City Clerk, a record of the cost to respond to a call for service based on the type of call for service, type of property, type of personnel and equipment. The first filing of said records shall be made on or before May 1, 2013, with all filings thereafter being made on or before the first Monday in January and the first Monday in July. Each department shall use a reasonable and uniform criteria in developing such data and fees for such services. (b) No repeat nuisance service call fee may be imposed against the property owner of a property 'designated by the Law Department as a chronic problem property without first providing written notice of that designation and the list of fees due to the City. All fees are due and payable within thirty (30) days of the date of such notice. Sec. 13 -159 Penalties; Civil Action by Law Department/ Dedication of Portion of Fees /Fines to the Law Enforcement Continuing Education Fund (Fund # 220)4 (a) Anyone violating the provisions of this Article shall be subject to the following penalties: 1. Collection of Repeat Nuisance Service Call Fees: In addition to the collection of fines resulting from the issuance of citation(s), the Law Department is authorized to bring civil action against any alleged violator of this Article for all unpaid repeat nuisance service call fees. 2. Citations: After a property has been designated as a chronic problem property, the next citation issued shall impose a fine of two hundred fifty dollars ($250.00) and for every citation issued thereafter which shall be _payable through the Office of the City Clerk. (b) Each violation of this Article shall be deemed a separate offense. (c) Dedication of Fines/Fees Collection: Fifty percent (50 %) of all fines and fees collected for any violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund # 220). s Indiana Code § 36 -1 -3 -8 requires fees to be related to the cost of the service so that they are `reasonable and just ". 4 Indiana Code § 36- 1-4 -17 authorizes the City to collect any money that is owed the City, including reasonable attorney fees. Chronic Problem Properties Regulations Ordinance Page 7 (d) Data addressed in this Section shall be summarized on the matrix required in Section 13 -156 (c) which is to be placed and maintained on the City's website. Sec. 13 -160 Through Sec. 13-164 Reserved for Future Regulations. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication, and become effective on May 1, 2013. Tim Scott, I" District Council Member South Bend Common Council K en L. White, Council 'M ber at Large outh Bend Co on Council erek D. Dieter, Council Member at Large South Bend Common Council John Voorde, City Clerk Chronic Problem Properties Regulations Ordinance Page 8 -07MknA5d' by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of - _ 1 2013, at o'clock —. m. Janice Talboom, Deputy Clerk ,� and &ywed by me on the — day of 2013, at o'clock —.m. I READING PUBLIC; I-eirAPING 3 Id READING NOT APPROVE-0 REFERRED PASSED. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed ft, EMARC`~ CRAY CLER'fi'. 04 SpUT1q'8� City of South Bend Common Council x s 1865 441 County -City Building . 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice- President March 4, 2013 Karen L. White Members of the Common Council Chairperson, Committee 4th Floor County -City Building of the Whole South Bend, Indiana 46601 Tim Scott First District Re: Chronic Problem Property Ordinance (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Henry Davis, Jr. Dear Council Members: Second District Valerie Sc The short and long term impact of chronic problem properties in the City of South Third District District Bend jeopardizes needed public services to other arts of the city. p Fred Ferlic The City has attempted to work closely with the property owners. Despite such Fourth District efforts, there remain properties which continue to have been repeated number of police documented calls for service, as well as repeated requests for compliance David Varner by the Code Enforcement Department and the Law Department. The result has Fifth District been an ongoing and increasing financial drain to our taxpayers, and a resulting decrease of such public services to others. Oliver J. Davis Sixth District The attached ordinance would provide another tool to address chronic problem Derek D. Dieter properties. The ordinance is intended to be supplemental to other regulations At Large currently in place. Gavin Ferlic Several regulations were reviewed in developing the attached ordinance. For At Large example, in Boston "problem properties" are approached in a coordinated multi - department approach. Problem properties are listed on the Boston government Karen L. White website where a chart sets forth the name of the property owner, street address, At Large neighborhood and a summary of reported incidents. Each year an Annual Report is filed summarizing all problem properties. Additional regulations from Owatonna, Minnesota; New Bedford, Massachusetts; Minneapolis, Minnesota; and several cities in the State of Washington were also studied. The "best practices" were selected and incorporated into an ordinance which meets the needs of the City of South Bend. Chronic Problem Property Ordinance Cover Letter March 4, 2013 Page 2 In summary, the proposed ordinance: • Would seek coordination and collaboration among the Police Department, Code Enforcement Department and Legal Department as well as with the Common Council and the public in the implementation of these regulations • Would serve as an educational tool which not only seeks compliance but raises awareness throughout the entire city that there are consequences to actions or non - actions of property owners • Would regularly provide a summary of all chronic problem properties on the City of South Bend's website, similar in format to the one utilized in the City of Boston. • Would provide regular updates to the District Council Member where a chronic problem property is located • Would provide a mechanism which is fair and which would become effective May 1, 2013. Newly appointed Chief of Police Ronald Teachman, as well as representatives of the Code Enforcement Department and the Law Department have had the opportunity to provide input into the proposed ordinance. We ask that the proposed ordinance be sent to the Health and Public Safety Committee and the Residential Neighborhoods Committee so that a joint committee meeting can be held. We urge You to support this needed legislation. Thank you. Mos si �- tt, Reside tial Neighborhoods C mmittee Chairperson CL.GC� Karen L. Ue, Council Member at Large Health Pu is Safety mmittee Chairperson `Derek D. Dieter Council President BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the U.S. Department of Agriculture and the Natural Resources Conservation Service, in cooperation with Purdue University Agricultural Experiment Station and the Indiana Department of Natural Resources, Division of Soil Conservation and State Soil Conservation Board, published in 2001, a 690 page Soil Survey of St. Joseph County, Indiana which is available at: http://www.soildatamart-usda.gov/manusciipts/IN141/0/ST Joseph IN.pdf The Common Council further notes that this publication contains detailed soil maps which can be used for planning which are the result of detailed fieldwork operations. It was provided to the St. Joseph County Soil and Water Conservation District for their technical use & assistance. The Common Council recognizes that the State of Indiana has a website maintained by the Indiana Department of Natural Resources (DNR) which sets forth ground water data in the State of Indiana since 1935. As noted on that site: http: / /www.in.gov /dnr /water /3482 html "ground water does not stay in one place. Gravity causes ground water to flow downward and outward. Porosity- the -size and number of void spaces in the formation — determines how much water can be stored in an aquifer. Permeability — the ability of water to move through void spaces — indicates how quickly the water will travel through the aquifer... ground water flows easily through the spaces between loose sand and gravel particles." The Common Council further recognizes that a wealth of detailed information is available to the Building Department which includes but not limited to: • St. Joseph County Soil Information — Soil New Classifications dated June 24, 2010 with this data being available from internal GIS sources • Maps depicting Wetlands • Maps depicting Floodplains • Maps depicting drainage basins /watersheds Soils and Water Table Review Requirement Ordinance Page 2 • "Published Soil Surveys for Indiana — Updates" maintained and updated by the U.S. Department of Agriculture's Natural Resources Conservation Service which specifically provides data on St. Joseph County, Indiana • USGS Groundwater Publications available at http://water.usgs.gov/ogw/])ubs.html The Common Council recognizes the qualifications, duties, responsibilities of the Building Commissioner set forth in Section 6 -4.4 of the South Bend Municipal Code. The training and expertise of this key position and the Building Commissioner's ability to issue or deny permits after a detailed review to determine compliance with and enforcement of the building regulations codified in Chapter 6 of the South Bend Municipal Code is critical. The proposed regulations addressing soils and water table review would improve the permit review process. It further authorizes the Building Commissioner to work in conjunction with the Director of Public Works and other agencies when conducting soils and water table reviews. This ordinance has been prepared in the interest of providing essential tools and establish reasonable mechanisms for caring out such detailed reviews by the Building Department. It provides the necessary enabling legislation so that regular, systematic and routine reviews of soils and water tables are made prior to a permit being issued to build or construct any new building or structure or enlarge or move an existing structure within the City of South Bend, Indiana. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana. . A—e Geliooz&,�rel by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.6 in Article 2 which shall read in its entirety as follows: Sec. 6 -6.6 Soils and Water Table Review Required as Part of the Permit Process. (a) Before a permit to build or construct any new building or structure or enlarge or move an existing structure within the City, a soils and water table review of the immediate land proposed for such building, construction, enlargement or relocation to the subject property, must be made by the Building Commissioner. (b) The Building Commissioner, or his/her authorized designee shall review as part of the building permit process, in addition to the requirements set forth in this Chapter, the subject property's location on: (1) St. Joseph County Soils Map Soils and Water Table Review Requirement Ordinance Page 3 (2) Maps depicting wetlands (3) Maps depicting floodplains and compliance with § 6 -38 and § 6 -39 of the South Bend Municipal Code (4) Maps depicting drainage basins /watersheds (c) The Building Commissioner, or his/her authorized designee, shall confirm and maintain in his/her office, which shall be used as part of the building permit process, all locations within the city limits which have ground water withdrawals of one -half (1/2) million gallons per day or more. These areas are considered large ground water withdrawal areas and may include but not be limited to any municipal water supply, mine dewatering, or any business, industry, or other activity where such large ground water withdrawals are taking place. Said locations shall be listed by name, locations and date when such large ground water withdrawals began.' (d) In the event that there are any confirmed operations which have large ground water withdrawals, the Building Commissioner, in conjunction with the Director of Public Works, shall calculate what the water table would be in the subject area if such large ground water withdrawals are curtailed, including calculations for any seasonal adjustments. Based on those calculations, they shall have the authority to make as condition(s) of a building permit being granted, any of the following: (1) Soil boring data at completion of boring, and at 24 hours after completion of boring which is recorded on boring log in low permeability soils such as silts and clays. Artesian pressure and seepage zones, if encountered, must also be noted on the boring log. (2) Relocation of the proposed building; (3) Elevation requirements; (4) Denial of a basement in the building; (5) Subsurface drainage system; (6) Drainage system around the exterior walls; (7) Drainage system under the basement floor; (8) Sump pumps with back -up power supplies The Building Commissioner, or his/her authorized designee may deny the requested permit pursuant to the authority granted in Section 6 -4.4 of this Chapter. I The Indiana Department of Natural Resources (DNR) maintains ground water data going back to 1935. Soils and Water Table Review Requirement Ordinance Page 4 (e) The Building Commissioner, or his/her authorized designee is authorized to require as condition(s) of the issuance of a building permit, any of the required actions set forth in paragraph (d) (1) through (8) herein, as he /she deems reasonable and necessary. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this'ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication,. .Cc�.c.cn L. White, ouncil Member at Large Tim Scotf,-7K-Di tns cX,�Qun`cil Member Derek D. Dieter, Council Member at Large Office of the City Clerk ,"r *o m° t° G% 9f ° 9f f'ad 94"- U s on the day of , 2013 at o'clock . m. Office of the City Clerk Soils and Water Table Review Requirement Ordinance Page 5 -*w"grand"a by me on the _ day of 2013 at o'clock —.m. Pete Buttigieg Mayor of the City of South'Bend, Indiana 1 si RtADING LL-1-3 PUBLIC HEARING 3 rd READ:NG NOT APPROVED REFERRED PASSED Filed if) r P*..*: Office APR 1 1 10 13 OnYCL IRK, SUUYK BEND, IN SpUT?i 8� City of South Bend. \\ PFACE '� ~ ��; ..�� Common Council 1865 441 County -City Building . 227 W Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter April 17, 2013 President (574) 235 -9321 Fax (574) 235 -9173 http://www.soudibendin.gov The South Bend Common Council Oliver Davis 4t' Floor County -City Building Vice-President South Bend, Indiana 46601 Karen L. White Chairperson, Committee Re: Ordinance Requiring Review of Soils and Water Tables Data of the Whole During the Building Permit Process Tim Scott Dear Council Members: First District We are pleased to introduce for your review and approval a proposed ordinance Second District t Henry Davis, Jr. which would amend the City's building regulations. Valerie Schey With the New Energy Ethanol Plant shutting down production last November, our Third District Public Works Director has confirmed that there are millions of gallons of water per a day which are no longer being withdrawn. This has resulted in the water Fred Ferlic Fourth District table rising back to its previous natural level in this area, which was once marshland at the headwaters of the Kankakee River. David Varner The attached ordinance would: Fifth District • Require the Building Commissioner or his/her authorized designee to review Oliver J. Davis as part of the building permit process for any new building or structure, Sixth District enlargement, or moving an existing structure, a soils and water table review of Derek D. Dieter the immediate land area earmarked for the structure At Large • Require such review to include reviewing four (4) items in addition to the Gavin Ferlic current requirements, namely: At Large 1. St. Joseph County Soils Map Karen L. White 2. Maps depicting wetlands At Large 3. Maps depicting floodplains 4. Maps depicting drainage basis /watersheds with examples of each attached for your review immediately after a 1 -page summary from the USGS Publication on water tables. • Requires the Building Commissioner or his/her authorized designee to confirm all locations in the vicinity where is large ground water withdrawals of %2 million gallons or more per day Cover Letter to Soils and Water Tables Review Ordinance April 17, 2013 Page 2 Authorizes the Building Commissioner, in conjunction with the Director of Public Works, to implement additional conditions if warranted such as requiring soil borings, recommend relocation, recommend that elevations be given, deny the construction of a basement, require subsurface drainage system, require a drainage system around the exterior walls; require a drainage system under a basement floor; or require sump pumps with back -up power supplies Additionally, a cross - reference is made in the ordinance to the Building Commissioner's current authority to deny a permit when deemed necessary. We are also attaching examples of the many sources of documentation available on ground water from the USGS for informational purposes. We believe that the proposed regulations are reasonable and a proactive measure to address real concerns so that the safety, health and welfare of our citizens are protected. This ordinance is proposed a similar spirit in which Ordinance No. 10225 -13 was made. That ordinance was passed by the Common Council on March 25, 2013, and continues the requirement for a Certificate of Occupancy which has been deleted from the Building Code. We look forward to having discussions with you and the City Administration on this very important piece of proposed legislation. Thank you. Sincerely, Oliver s, Pu lic Wo sand Property Vacation Committee Chairperson 6tn Di Counci7Mber -ee�•c�n Kare L. White, Committee of a Whole Chairperson Council Member at Large 1 or ods Committee 1St Distric/� ounc' der Derek D. Dieter Council Member at Large Attachments Filed M4. . ,r` mice FOR 17 m3, z _J ary CLERIC, SOU l H SEND, IN Water -table and confined (artesian) aquifers. WATER -LEVEL RISES The opposite problem, namely a rising water table, has developed in some parts of the country. Rising water tables occur in areas where pumpage has been curtailed after years of large ground -water withdrawals, such as for mine dewatering or municipal water supply, which kept the water table below its natural levels. The curtailment of pumping allows the water table to rise to the previous natural level, which may flood underground structures that were built when the water table was lowered. In many parts of the country, water levels in shallow aquifers have been lowered artificially over large areas. If houses are constructed in dewatered areas and if the water table then recovers to its natural (higher) level, basement flooding or foundation failures may occur, especially where the natural water level is within 10 feet of the land surface. Many basements that were built in a dry unconsolidated material and that had remained dry for decades have now become permanently wet. The public's first reaction may be that unusually heavy precipitation in the past few months has raised the water table or created ,a temporary perched -water system, when in fact the situation is much more serious and will remain a problem unless pumping is resumed to maintain a lower water table. Where water levels are closely monitored, water -level records can indicate whether such high water levels are related solely to climatic events or whether water levels are recovering after nearby pumping has ceased. An increasing number of local areas are being dewatered for mining or industrial uses, which could cause serious problems in the future when such pumpage is decreased or ended. Similar situations have occurred where housing developments were built during a period of extended drought when the water table was low. Even if basements were the "daylight" or raised type because the natural water table was shallow, the eventual return of a wet period caused the water table to rise a few feet and flood basements. [Source: USGS Publication by Roger M. Wailler; p. 3, pp. 12 -13] http: / /usas Clov /Clip /gw ruralhomeowner /gw ruralhomeowner new htmi a �D > ! - C LL r ' a, m a v n a N C fp CJ 4 IL) 0 to 0 OD to 0 1 a I I \\ I - 49 CD, co 0 Cp 0 O L) v a In O O O O Y t0 J N N Z J C 7 O U N J Table 1. Water factors to consider In buying or building a new home Problem Probable cause Remedy or source of help Inadequate water yield Poor aquifer Install larger, deeper well Well screen or pump intake encrusted Have cleaned by well driller Lower water level Deepen well Wet basement Seasonally high water table Contact water resources agency Add .sump pump or drains Recovered water level Add sump pump or drains Drainage from roof or slope Add roof gutter, reslope land Gas in water Methane from bedrock Contact Contact Soil Conservation Service vent on well head Aerate the water Install water Treatment Drill new well away from house Salty water Road salting Contact State geological survey Install new well farther upslupe Provide better road drainage Road -salt stockpile Install new well away from drainage Request correction by highway department Fuel -otl contamination Leaky or spilled storage tank Contact health department Install new well upslope Oil or gasoline Nearby service station Adjust to low pumping rate contamination Obtain new source of water l3acrcria contamination Septic effluent Contact health department C hli,rinate as first step: contact health department Install new well upslope Install new leach field farther away Deepen well in some cases Seek control on neighboring system Liarnyard waste Redirect waste flow. Install new well upslopc Seek control on neighbor's activity Organic chemical Former land use Contact agricultural agency contamination Install new well farther away Deepen wet! in some cases Contact health delydrtmenf Current land application Create buffer zone around recharge area Dispose of wash water properly Seek control on neighbor's activity Land Subsidence Execssi%c ground -water withdrawal Contact health department Contact State regulatory agency Rock solution Relocate boost. Sinkhole development Rock solution Contact State geological survey Relocate h<wu Sourer of ground No knowledge Contact State geological survey water unknown No well data available Contact water resource agency Contact water resource agency 35 Table 2. Sources of information Geologic conditions and mining areas State geological surveys State bureaus of mines State natural resources agencies U:S. Geological Survey Soils. drainage, and agricultural uses U.S. Department of Agriculture State land -grant colleges County extension agents Topography U.S. Geological Survey Ground -water resources and water testing State natural resources or environmental departments State water resources departments County health departments U.S. Geological Survey National Water Well Association - Water - supply and septic- system construction State health departments - State environmental or conservation departments County extension agents U.S. Environmental Protection Agency U.S. Department of Agriculture Land -use and tuning State planning agencies County planning and zoning agencies This publication is one of a series of general interest publications Prepared by the U.S. Geological Survey to provide information about the earth sciences, natural resources. and the environment. To ob. tain a catalog of additional titles in the series "General Interest Publip- lions of the U.S. Geological Survey," write: U.S. Geological Survey Branch of Distribution P.O. Box 25286 Denver, CO 80225 36 * U.S. GOVERNMENT PRINTING OFFICE: 1954 -380 -615 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the current regulations addressing bee keeping within the city limits have not been updated in recent decades. It is acknowledged that the State of Indiana aids and assists in the "development and protection of the bee and honey industry..." as further addressed in Indiana Code 14 -24 -2. It is further acknowledged that the Indiana Department of Natural Resources (DNR) Division of Entomology and Plant Pathology maintains a government website posts and maintains information on honey bees at www.in.jzov /dnr /entomolo /5746.html and also at www.in.gov/dnr/entomolo/2893.html On January 7, 2010, the Congressional Research Service provided to Congress a report on the "Honey Bee Colony Collapse Disorder ". This 17 -page document noted among other things that the State of Indiana was one of thirty -five states affected by the colony collapse disorder (CCD) where an "alarming number of bee colony losses and die - offs" began in late 2006. Symptoms of CCD include: rapid loss of adult worker bees; few or no dead bees found in the hive; presence of immature bee; small cluster bees with live queen present; and pollen and honey stores in hives which may be caused by pathogens, parasites, environmental stresses and poor nutrition. Part of the U.S. Department of Agriculture's Action Plan to address CCD include increased educational and outreach programs aimed at improving the "general bee health and reduce susceptibility to colony collapses and other disorders..." Current reports for 2013 show the highest level of commercial colony losses at an average of 55 %. Much has changed in recent years with regard to municipal bee keeping regulations. Many municipalities have established bee keeping regulations, some of which include Evanston, Illinois; Cleveland, Ohio; Salt Lake City since 2009; Provo, Utah since 2011; Madison, Wisconsin since 2012; Minneapolis, Minnesota since 2009; Milwaukee, Wisconsin since 2010; Spokane, Washington — just to name a few. In 2010, New York City lifted its ban on bee keeping within its city limits. New York City permits the honey - producing Apis mellifera bee, which can produce as much as 100 pounds or more of honey annually. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana, by setting forth reasonable honey bee keeping regulations. Honey Bee Keeping Regulations Ordinance Page 2 Q, Mor Ow, & itoxdai av(by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 3, Section 5 -15 (a) and (d) of the South Bend Municipal Code are amended to read as follows with all other said provisions remaining in effect: Sec. 5 -15. Acreage Requirements for Certain Domestic Animals (a) Any person desiring to raise any of the following named domestic animals or fowl must have a minimum of five (5) contiguous acres in land: (7) Bees. Reserved. Section II. Chapter 5 of the South Bend Municipal Code shall be amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Honey Bee Keeping Regulations. Sec. 5 -50 Legislative Findings. (a) The Common Council finds that honey bees can be maintained within populated areas without causing a nuisance, if honey bees are properly located, managed, and maintained. (b) Honey bees are a benefit to society by pollinating flowers, gardens and trees and thereby contributing to the local ecosystem; as well as furnishing honey, wax and other useful products. (c) The regulations set forth in this Article are in the best interests of the health safety Honey Bee Keeping Regulations Ordinance Page 3 and welfare of the city.1 Sec. 5-51 Definitions. As used in this Article, the following words, terms and phrases shall have the meanings set forth herein: Apiary: the assembly of one (1) or more hives or colonies of honey bees at a single location. Beehive: domicile prepared for colony of honey bees. Beekeeper: a person who owns or has charge of one (10 or more colonies of hone Beekeepi_gEguipment: an hing used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Bottom Board: floor of beehive. Building: any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. City: City of South Bend, Indiana. Colony: the entire honey bee family or social unit living together including queens, workers and drones. Flyway barrier: fencing, dense hedging or a combination of the two, which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. Hive: a frame or structure used or employed as a domicile for bees. Honey Bee: the common domestic honey bee, limited to the Apis melli era species, specifically excluding the African honey bee, Apis mellifera scutellata or Africanized honey bee, or M hybrid thereof. Inner Cover: a cover used under the standard telescoping cover of a bee hive. 'Indiana Code § 36- 1-4 -11 authorizes a city to pass, codify and enforce ordinances; and Indiana Code § 36 -1 -3 -2 grants to cities "... all the powers that they need for the effective operation of government as to local affairs ". 2 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "building" Honey Bee Keeping Regulations Ordinance Page 4 Langstroth Type Hive: a hive consisting of an outer frame with a solid top cover, an inner cover, a bottom board, and a number of boxes and supers containing tightly spaced movable frames. Lot: a piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of: (1) A single lot or record; or (2) A combination of complete lots of record . 3 Nucleus Colony: a small colony of bees resulting from a colony division, or a queen - mating hive used by queen breeders. Super: A wooden box with frames containing foundation or drawn comb in which hones to be produced. Sec. 5 -52 Honey Bee Keeping Public Safety Regulations. (a) Any person desiring to raise the common domestic honey bee, limited to the Apis mellifera species, must comply with the following public safe1y regulations. (b) The maximum number of colonies based on the size of the lot which shall be limited to the following: • Up to '/a acre Two (2) colonies • More than '/ acre but less than %2 acre Four (4) colonies • 'h acre but less than 1 acre Six (6) colonies • 1 acre or more Eight (8) colonies (c) A nucleus colony maybe kept for up to a 30 -day period at one (1) for every colony. (d) No hive shall exceed seventeen (17) cubic feet in volume. (e) Location Requirements: 1. All colonies shall be located behind the building. 2. Beehives must have a flyway barrier which is located at least ten feet (10') front of the entrance to the hive at a height of six feet (6') if the hive's entrance is located within fifteen feet (15') of the propertYline. s South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "lot" Honey Bee Keeping Regulations Ordinance Page 5 3. If the hive's entrance is within five feet (5') of the property line there must be a solid wall, dense vegetation or combination of the two which extends five feet (5') beyond the hive along the property line. 4. No hive shall be located closer than ten feet (10') from a public sidewalk. 5. Colonies may be kept on flat roofs without setback or flay barrier restrictions. (f) A constant supply of fresh, clean water shall be provided for all hives. Design must allow bees to access water by landing on hard surface. (g) The honey bees and equipment shall be maintained in accordance with the applicable provisions of the Indiana Code and apiary practices addressing honey bees recommended by State of Indiana's Apiary Inspector(s). Sec. 5 -53 Honey Beekeepim Permit Required, Permit Fee, Denial or Revocation. (a) Any person desiring to raise the common domestic honey bee, limited to the Apis meUifera species, must file an application for a Honey Beekeeping Permit with the Department of Code Enforcement's Division of Animal Care and Control for review. (b) A filing fee of twenty dollars (20) shall be required at the time of filing a completed application. (c) Prior to obtaining honey bees, a first -time applicant for a honey bee permit must provide written proof to the Division of Animal Care and Control that he /she has completed training or received information on beekeeping by an entity recognized by the Indiana Department of Natural Resources Department of Entomology Division of Entomology & Plant Pathology Purdue University. (d) The Division of Animal Care and Control matey or revoke a permit to any person who has failed or refused to comply with the permit requirements; who has made any fraudulent or false statement or material representation in the permit application ; or in connection with the keeping or maintenance of honey bees, or who has kept such honey bees in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. (e) Upon denial or revocation of a permit, the Law Department shall provide notice to the 4 A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in.jzov/dnr/entomolo/files/ep- indiana beekeeping_ information.pdf Honey Bee Keeping Regulations Ordinance Page 6 permit qpplicant or permit holder of the appeal and hearing_ procedures set forth in Section 4 -16 of this Code. Sec. 5 -54 Compliance Required; Penalties. (a) It shall be unlawful for any person to keep or maintain an apiary, hive, or colon in the City which is not in compliance with this Article. (b) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code Enforcement which provides for a fine of seventy -five dollars ($75.00) per violation payable through the Ordinance Violations. (c) Each violation shall constitute a separate and distinct offense. (d) Any person who has obtained a honeybee permit and who violates any of the provisions of this Article three (3) times as evidenced by citations being issued for each violation, shall have his /her permit issued under this Article revoked Said person shall not be entitled to have a new permit issued for a minimum of one (1) year from said date of revocation and must provide written proof that he /she has completed training on beekeeping by an entity recognized by the Indiana Depart of Natural Resourced Department of Entomology Division of Entomology & Plant Pathology Purdue University. Said training must have taken place after the date of the permit revocation. (e) Any apiary, hive or colony which threatens public health or safety; or creates a public nuisance, which has been abandoned is unlawful. The City is authorized to take all reasonable action including removal and/or destruction of any apiary, hive or colony which is deemed necessary. Sec. 5 -55 Exemptions for Zoological Parks, Schools, University, College, Etc. Nothing in this Article shall be deemed or construed to prohibit or restrict the keeping; of honey bees in a hive stand or box located or kept within a zoolo ig cal park, school, or university building or educational not for profit entity for the purpose of study or observation. Section III. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended by the inclusion of the following and inserted into the chart in proper numerical order: 5 -54 Honey Bee Keeping Regulations $75.00 Honey Bee Keeping Regulations Ordinance Page 7 Section IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tim Scott, 1 st District Cou cil Member Office of the City Clerk OU -1 deed* meta AW grl"Y e y��% Mmd Jln iA ras on the day of , 2013 at o'clock _. m. 1st READING S -t 2 —12 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Office of the City Clerk day of , 2013 at o'clock _.m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed Fri C F=,,rWt Office MAY 8 - 2013 JOHN C10RUE CITY CLERK, SOU i'H SEND, D, INI Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large City of South Bend Common Council 441 County -City Building . 227W. Jefferson Blvd May 7, 2.013 South Bend, Indiana 46601 -1830 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Proposed Honey Bee Keeping Regulations Dear Council Members; (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov I am pleased to introduce for your review and approval, regulations which would allow honey bee keeping in the City of South Bend. The proposed ordinance is similar to the Urban Chicken Ordinance recently passed by the Council, by incorporating reasonable health and public safety regulations. The number of hives would be limited by size and the monetary penalty amount for violations is the same. As you know, the only food desert in St. Joseph County is only in our City. Also with industrialization, a major concern focuses on colony collapse and other diseases. Local honey bees are always better for any food source needing pollination. There is a local grass roots group, along with Unity Gardens who are willing to help with educational outreach and training. They are also working to raise money so that they can donate two (2) bee keeper suits to the Department of Code Enforcement. Because honey bee keeping may be new to some of you, I am attaching the "List of Assistance for Bee Keeping in Indiana" which the Indiana Department of National Resources (DNR) posts on their website, which is referenced in footnote # 4, as well as a drawing of a flyway barrier. I look forward to discussing this with you when it is referred to the Council's Health and Public Safety Committee for review and recommendation, with 2nd & 3`d readings and public hearing proposed for May 29th . Thank you. Tim Scott 1St District Council Member Filed ire C. :r �#i�e MAY 8 - Z013 CITY CLERK, SEND, IN 6Urban Beekeeping: A Guide to Keeping Bees in the City Author: Craig Hughes w CE a FOR INFORMATIONAL PURPOSES ONLY: An example of hive and flyway barrier: Filed 11V C' h";1 Office MAY 6 - Z013 MY CLERK, SOUTH SEND, IN List of Assistance for Beekeeping in Indiana CONTACT FOR PESTS OR DISEASES Kathleen Prough State Apiary Inspector Indiana Department of Natural Resources Division of Entomology & Plant Pathology 402 W. Washington St., Rm W290 Indianapolis, IN 46204 Phone: 317-232-4123 Fax: 317-232-2649 E -mail: kprough(&dnr.IN.gov www.IN.gov /dnr /entomolo Dr. Greg Hunt Honey Bee Specialist Department of Entomology Purdue University West Lafayette, IN 47907 Phone: 765-494-4605 E -mail: hg unt@purdue.edu www.entm.12urdue.edu /entomology /researchibee USDA BEE DISEASE DIAGNOSIS Bee Research Laboratory Building 476, BARC -East Beltsville, MD 20705 Phone: 301 -504 -8205 Fax: 301 -504 -8736 Main page: http://www.ba.ars.usda.gov/psi/brl/hiizhlijzhts.htm Directions to send samples in: http: / /www.ars.usda.gov /Services /docs.htm ?docid =7472 BEEKEEPING ASSOCIATIONS State Associations: There are two state associations. Join both and go to their meetings. Indiana State Beekeeper's Association www.hoosierbuzz.com President: Dave Shenefeld, 765- 981 -4443 Vic President: Larry Kemerly, 317 -539 -7697 Indiana Beekeeping School www.indianabeekeevings hool.com/ Holds a beekeeping class in January Indiana Beekeepers' Association www.indianabeekeeper.com President: Chris Burke, 317- 835 -2110 Vic President: Kenney Schneider, 812- 951 -3737 Filed in. .w .. �.Y.r. Office FMAY a - Z013 CIT T CL2 Flk, abi SEND, IN List of Assistance for Beekeeping in Indiana Local Associations: Northern Indiana: Northeaster Beekeepers Association www.Neiba.info Fort Wayne area, and surrounding counties President: Ted Braun, 260 - 625 -3477 Northwestern Indiana Beekeepers' Association www.nwibeekeppers.com Crown Point area, and surrounding counties President: Ed Rice, 219- 781 -8526 e -mail: ebrice ,prodigy.net Michiana Beekeepers Association North Central Indiana & South Central Michigan President: Bob Baughman, 574- 232 -2983 e -mail: bob.deb.baughman(a)`global.net Lake Shores Beekeepers Association NW Indiana and SW Michigan Contact: Dave Laney, 574- 656 -8701 e -mail: davelana&kconline.com Central Indiana: East Central Indiana Beekeepers Association Anderson- Muncie area Contact: Steve Doty, 317 - 485 -5593 e -mail: isdo y a),indy.net Sugar Creek Beekeepers Terre Haute- Rockville area contact: Pam or Steve Hauser, 765 -569 -5559 e -mail: steve ,cozynestfarm.com 10 °Clock Bee Line Beekeepers Nashville area, and surrounding counties Contact: Mark Partridge or Tony Gaudin Mark: 812 - 988 -9390 e -mail: indUartridge(a aol.com Tony: 812 -597 -1801, e-mail: asgaudin(i)msn.com White Lick Beekeepers Association www.WhiteLickBeekeepers.org Mooresville- Indianapolis area Contact: Randy Morris, 317- 834 -3575 Wabash Valley Beekeepers West Central Beekeeper's Terre Haute to Bloomfield area, and surrounding counties Lebanon area, and surrounding counties Contact: Perry Riley, 812- 898 -1385 Contact: Mike Schluttenhofer, 765- 482 -4384 e -mail: riley.honey.farmna,gmail.com e-mail: mrschlutt(a,illines.net Central Indiana Beekeepers Noblesville area, and surrounding counties Contact: Sam Dodd, 317- 353 -2475 e -mail: cumberlandel(a),friendly.com Southeast Indiana Beekeepers Association www.indianahoney.org Southeaster Indiana area Contact: Jim Orem, 812- 623 -2062 e -mail: jorem(a,nalu.net Spring Valley Beekeepers South Central Indiana area Contact: Kenny Schneider, 812 - 951 -3737 Southern Indiana: Southwest Indiana Beekeepers Association Southwestern Indiana area Contact: Kim Fromm, 812 - 483 -0453 e -mail: mail(&houseomthehill.com Filed h C'77.,*,'t Office MAY 0 - Z013 CITY CL IN List of Assistance for Beekeeping in Indiana NATIONAL BEEKEEPER ASSOICIATIONS Heartland Apicultural Society www.heartlandbees.com Eastern Apicultural Society www.eastemgpiculture.org American Beekeeping Federation www.abfnet.ora American Honey Producers Association www.americanhoneyproducers.org BEEKEEPING JOURNALS, BOOKS & INFORMATION American Bee Journal 217- 847 -3324 www.dadant.com infor(i )americanbeei oumal.com Bee Culture 800 - 289 -7668 www.beeculture.com WicWas Press, LLC 1620 Miller Rd. Kalamazoo, MI 49001 203 - 435 -0238 www.wicwas.com National Honey Board www.honE.y.com Filed O� s)ff `sP R MAY 8 --1013 CITY CLERK, t: END, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $25,575.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATION DUES STATEMENT OF PURPOSE AND INTENT The Common Council is amending the 2013 Salary Ordinance ( #10199 -12) to add the new position of "Diversity Compliance Officer ", a part time position (0.625 FTE). It is necessary to appropriate funds to support the salary and benefits of this employee for the remainder of calendar year 2013 in the sum of Twenty Thousand Five Hundred Seventy Five Dollars ($20,575). As part of the City's efforts to increase minority participation in the City of South Bend's public bidding opportunities, and in the provision of goods and services to the City, it is important for the City to join and participate in certain professional organizations which provide resources and support for diversity development, the dues for which total five thousand dollars ($5,000.00). These organizations are the Indiana Minority Supplier Development Council and the Women's Business Enterprise Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The sum of $20,575.00 is hereby appropriated and set aside within the Administration and Finance Department of the City General Fund #101 for the purpose of funding the salary and benefits for a new employee position within the City, that is, the Diversity Compliance Officer for the remainder of calendar year 2013. SECTION II. The sum of $5,000.00 is hereby appropriated and set aside within the Administration and Finance Department of the City General Fund #101 for the purpose of membership fees in and expenses for professional associations which furnish resources and support for diversity development, namely, the Indiana Minority Suppliers Development Council and the Women's Business Enterprise Council. 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. Attest: 0 ICA Member, South Bend Common elouncil VrDl �q t., y �wf City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,,2_, at o'clock m., City Clerk Approved and signed by me on the day of 2 at o'clock, _.m. Mayor, City of South Bend, Indiana eg W-DiNG 'W'ING PUBLIC HE - 3 rd READ-NG APPROWD REFEP,RED PASSED Filed Pn Alce MAY 1 � -�Ulli JOHN, VO(I&GE CITY CLERK, SOUTh BEND, IN Janice Talboom From: Aladean DeRose Sent: Monday, May 13, 2013 8:29 AM To: Janice Talboom Cr Mark Neal; George King Subject: Bill No. 23 -13 Substitute -- Appropriation Ordinance Attachments: 2013 Appropriation for Salary Diversity Compl Officerl 062812.doc Hi Janice. Per my phone discussion with you, I attach a substitute version of Bill #23 -13 which appropriates funds pertaining to the new position of Diversity Compliance Officer. The only change is in the caption where the amount appropriated is incorrect; it is $5,000 more than the actual funds to be appropriated. The correct amount should be $25,575.00, not $30,575. Because the change is a reduction, not an increase, this will not affect advertising of the bill. Sorry for any inconvenience. Will you need a formal cover letter for this? Let me know. Aladean . 6ak P) t v-(-(J ORDINANCE NO. A THIRD ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 20139 STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance No 10199 -12 establishing the 2013 maximum salary and wages for all non - bargaining employees of the City of South Bend, Indiana on October 29, 2012. This Salary Ordinance was previously amended at the Council's meeting on January 28, 2013 as Ordinance #10220 -13 to correct an error contained in the salary for the Financial Specialist IV position that had been carried forward since 2011. It was further amended on February 25, 2013 as ordinance # 10222 -13 to add two mayoral staff positions and to adjust salaries for certain Police Communications Center personnel. Salary Ordinance #10199 -12 again requires modification to provide a new position titled "Diversity Compliance Officer." This position was contemplated by the Common Council's Minority and Women Business Enterprise Diversity Development Ordinance, passed by the Common Council April 11, 2011 (as substituted), Ordinance #10081 -11, codified at Article 1, Chapter 14.5 of the South Bend Municipal Code. The funding for this salary ordinance amendment will be through appropriation from the General Fund by separate ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: Amendment to Ordinance 10199 -12 (a) The City of South Bend Salary Ordinance ( #10199 -12) is hereby amended to create one new part time position (0.625 FTE) within the City of South Bend, Indiana, titled Diversity Compliance Officer with corresponding maximum compensation to be paid in Calendar Year 2013 as set forth in Exhibit A which is attached hereto and incorporated herein. SECTION 111. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Council City Clerk en o fi,!- SIPS W g and couna wasn oil taas 1w. U9, Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock —. m. City Clerk Approved and signed by me on the day of o'clock . m. Ist READING f—" —' -' PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED , 2012, at Mayor, City of South Bend, Indiana RhW In erly CLEkK SEND, IN 120ON CouNTY -CITY BuaDJNG 227 W. JEFFERSON BLvD. SouTH BEND, INDIANA 46601 -1830 PHONE 574 / 235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE May 8, 2013 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance. Amending the 2013 Salary Ordinance to Add Position of Diversity Compliance Officer Dear President Dieter: As you know, the Minority and Women Business Enterprise Diversity Development Ordinance passed by the Common Council on April 11, 2011 requires that many tasks be performed by a "Diversity Compliance Officer." Attached is an Ordinance which amends the 2013 Salary and Wage Ordinance ( #10199 -12) for non - bargaining employees of the City of South Bend, Indiana to create that job position within the City. It will be a part-time position, 25 hours per week, or .625 FTE. With the creation of this position, the City will greatly advance the goal and purpose of the Diversity ordinance - -to educate, attract, and better enable minority and women owned businesses to participate in City contracting opportunities. With this ordinance, a separate ordinance is being filed to appropriate funds for the salary and benefits of the Diversity Compliance Officer at $20,575.00, for the remainder of calendar year 2013, as well as to appropriate $5,000.00 for. professional association fees related to diversity development. The City Administration believes this Ordinance will help achieve the goals of the Diversity Development Ordinance of 2011, and hopes that the Council will approve both this and the companion appropriation Ordinance. I will present the companion Resolution and Ordinance to the Common Council at its Committee meeting and at the public hearing. Thank you for your consideration of these matters. - °°- -�--�- { Mice Sincerely,`�ad., Mark W. Neal i City Controller• CITY CLERA, SOUTH SEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2013 TEAMSTER LABOR NEGOTIATIONS CWACmm4 the South Bend Common Council passed two (2) salary ordinances setting the maximum wage amounts for all City Employees who are members of Teamsters Local Union No. 364, as a result of the successful labor negotiations held between the City and the Union in 2010; and 6XACmz4 in light of the state law deadline and the Teamsters voting and ratifying the total package involving a 3 -year wage package on or about November 30, 2010, .two (2) ordinances were necessary, namely Ordinance No. 10044 -10 which was passed on September 30, 2010 which established maximum Teamster salary amounts for calendar year 2011, and Ordinance No. 10067 -11 which was passed on January 10, 2011, which established maximum Teamster salary amounts for calendar years 2012 and 2013; and 6, Indiana Code § 36 -4 -7 -3 provides that the compensation must be fixed "not later than November 1 ", which would require the Common Council to take final action on such a compensation ordinance at its October 28, 2013 Council meeting, which is the last regular meeting before the state law deadline; and 6))69, the current collective bargaining agreement which was approved by the Board of Public Works and which established working conditions and policies between the City of South Bend and Teamsters Local Union No. 364, expires on December 31, 2013; and Q the Common Council has been advised that the City Administration will be introducing a Resolution for the Board of Public Works to consider at their May 28, 2013, Board meeting, where the Board's Agent/Negotiator will be formally appointed; and 4, this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on matters involving maximum compensation and any other monetary items which will be the subject of the upcoming negotiations with the Negotiating Teams representing Teamsters Local Union No. 364; and the Common Council is mindful of past successes where a Chief Negotiator acts as the Council's Agent in representing their interests, and would work with the Board of Public Works' Agent and City Advisory Negotiating Team for Teamster negotiations; and provide regular updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6. 1 (b)(2)(A); and 6 the City Advisory Negotiating Teams shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and 2013 Teamster Negotiations Resolution Page 2 (WA the South Bend Common Council believes that the adoption of this Resolution and the upcoming process will promote positive and harmonious labor negotiations. 9%Q, >Kdk4ml, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, appoints Kathleen Cekanski - Farrand, a local attorney duly licensed to practice law in the State of Indiana, as its Agent and Chief Negotiator for the upcoming labor negotiations with the Teamsters Negotiating Team representing the city employees who are members of Teamsters Local Union No. 364. Mrs. Cekanski- Farrand shall act in an advisory capacity for the Teamsters negotiations on financial /legal matters and related policies under the jurisdiction of the Council, and shall work closely with the Board of Public Works Chief Agent/Negotiator. The Common Council notes that two (2) Common Council Members may serve in an advisory capacity on the joint Administration/Council City Advisory Negotiating Team, with one additional (1) Council Member serving as an alternate. Section II. The Council's Agent may assist the Board of Public Works Chief Agent/Negotiator in helping to coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, contacting resource persons and other matters in consultation with the South Bend Common Council and City Administration. The Council's Agent shall provide legal assistance to the Board's Chief Negotiator and City Advisory Negotiating Team throughout Teamsters labor negotiations. Section III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Derek D. Dieter, I St District Henry Davis, Jr., 2 nd District Valerie Schey, 3rd District Dr. Fred Ferlic, 4' District Dr. David Varner, 5`" District John Voorde, City Clerk NIOT APPP,0'f[4 :ADOPT' t: - Oliver J. Davis, 6 District Derek D. Dieter, At Large Gavin Ferlic, At Large Karen L. White, At Large Filed I�J -Ice �... MAY wr Pete Buttigieg, Mayor City of South Bend, Indiana OUT B� City of South Bend Common Council x ■ 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President. Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District May 16, 2013 Members of the South Bend Common Council 4th Floor County -City Building South Bend, IN 46601 (574) 235 -9321 Fax (574) 235 -9173 httP://www.southbendin.gov Re: Resolution to Appoint Council's Agent & Chief Negotiator for Teamsters Labor Negotiations Dear Council Members: Henry Davis, Jr. Last Monday we discussed the fact that this a negotiating year for city Second District employees who are members of and represented by Teamsters Local Union No. 364. Valerie Sch ey Third District The attached resolution would appoint the Council's Agent and Chief Negotiator Fred Ferlic for these negotiations, under the governing Indiana state law. The Council has Fourth District been advised that a similar resolution will be acted upon by the Board of Public Works at their May 28`h meeting where they will appoint their Agent and Chief David Varner Negotiator. Fifth District The City of South Bend has successfully used a City Advisory Negotiating Oliver J. Davis Team to work with the appointed Agents/Negotiators. It is anticipated that two Sixth District (2) Council Members will be part of that advisory team, with an additional Derek D. Dieter Council Member serving as an alternate so that the Common Council in the At Large event of a scheduling conflict. Gavin Ferlic In order to meet the state law deadline of taking final action on establishing At Large maximum salaries "on or before November 1 ", I ask for unanimous support of the Council in joining the City Administration on this important task. I further Karen L. White ask that this Resolution be referred to the Personnel and Finance Committee for At Large review and recommendation at the May 29a' meeting. Thank you. Most sincerely, Derek D. Dieter Council President Attachment gilled In Clerk`s office- F117�i o X�g CY ...��v.`4x + � t ati, : daa3'i"1t i3 R9[ , IN �_ 6-A� �6- ls__� 3 ORDINANCE NO. A FOURTH ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013. STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance # 10199 -12 establishing the 2013 maximum salary and wages for all non - bargaining employees of the City of South Bend, Indiana on October 29, 2012. This Salary Ordinance has been amended three times: (1) at the Council's meeting on January 28, 2013 as Ordinance #10220 -13 to correct an error contained in the salary for the Financial Specialist IV position that had been carried forward since 2011; (2) on February 25, 2013 as Ordinance #10222 -13 to add two mayoral staff positions and to adjust salaries for certain Police Communications Center personnel, and (3) most recently, to provide a new position titled "Diversity Compliance Officer." At this time the South Bend Potawatomi Zoo (the Zoo) is engaged in obtaining renewal of its accreditation, a process that requires strong Zoo leadership. The Zoo does not presently have a permanent Director, and is competing with other zoos across the country to attract a highly skilled, experienced Director. To enhance the ability of the Zoo to successfully renew its accreditation and to assure that the Zoo maintains its high quality of service to the citizens of South Bend, an increase is needed in the compensation paid to the Zoo Director and the Zoo Veterinarian within the 2013 Salary Ordinance #10199- 12. This ordinance provides for a salary increase to these key Zoo personnel positions. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: Amendment to Ordinance 10199 -12 (a) The City of South Bend Salary Ordinance ( #10199 -12) is hereby amended to increase the maximum compensation to be paid in Calendar Year 2013 for the positions of Zoo Director and Zoo Veterinarian as set forth in Exhibit A which is attached hereto and incorporated herein. SECTION II: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Co u#61 stgning of twis bill is only to 041a fi3r pkj jsr, 1jea ng Lind City Clerk Cnupoil aeon on ' � MOO, Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2013, at o'clock m. City Clerk Approved and signed by me on the day of , 2013, at o'clock . m. Mayor, City of South Bend, Indiana Filed 11 C1's Office t ? X �� ! 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Z N 7 U t m m m m m m , m , t y\ O- ti O p M m DOQQ4�Qlobmo�o0¢1o0Qmo0 I� 0C) 00 L i•�o 0 0 ° a� ° aQi =:° a3i a3i y.� v ^ m on C13 Z! al z m mmmm 0, 01 0) y OONaZ iw �.00 y G c Lo o� zzzzwwzwwwwzWZ ccZZZZ w w�� VN`. wwwwzzwZZZZwzw aWwWW 0 Q�c/) ^NMV btO �,OO��C Cl) 0 C4 a 0 m y 2 w 0 N a § a 2 k ± \ k \ C,4 \ ® t ® 7 � � \ / � \ k m k � )) \ / \ N ) §� ) w k ) k & .9 ( / f M (a , ) 0)tJ4) ; a \)�)ƒ 2 ®\f ) 2 } . C4 � a ktak] $ ; Co 2 ] @ i a ] /# / §® E a as E . (ts ac,q) . #�� $ /%am$ o Jd§ `® ®I# x042— $wa oc ���kk :3 \a;% f/ƒ K R q) E m {fzsm )/» � k�j i §]o 00 \0\ i mot; 22 „ oe ;2a ] & m Ul m % � 2n \k //k k/\ k�/§5; / :3 C.) \ a (3 k \ Q. OL�(~ © o ow \ \ \ \ 0 k�§ .{ek � /\ k�; ]ct /k�¢co - EGk2)2e° o1E � \j��o $#� /oG] �• —C \' � k $ 0 0) 4) Q 0 7c; ka ) R ao 0k§ Cx Ci \ (4k -( § §§ \ j 2 k ± \ k CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR May 22, 2013 President Derek D. Dieter South Bend Common Council 4th Floor County -City Building South Bend, IN 46601 Dear Council President Dieter: As the state of Indiana's oldest zoo, the Potawatomi Zoo is a terrific city asset and a popular regional destination for people of all ages. With engaging exhibits, a diverse animal collection, numerous educational opportunities, a dedicated staff, and special events, the Potawatomi Zoo is a place that needs to operate under the highest standards. Since I have been in office, the zoo has been under the supervision of an interim director and our veterinary services are now conducted on a contractual basis. This is solely due to the low salary levels that are currently in place for these two positions. The administration strongly believes that the recruitment of a zoo director and zoo veterinarian are vital to the continued and future success of the Potawatomi Zoo. This is especially important now because the zoo will commence its reaccreditation process next year through the Association of Zoos & Aquariums (AZA). As such, the administration is filing an amendment to the salary ordinance today for first reading on May 29, 2013. To make the pay competitive —based on enclosed AZA data —the zoo director's salary is proposed for a range of $91,000496,000 and the zoo veterinarian's salary is proposed for a range of $78,000 - $83,000, in order to conform with general norms for a city our size. The City remains open to further conversation with the Potawatomi Zoological Society on a potential public - private partnership in the future, but the administration believes focusing on strong leadership in the short-term is the best course of action for zoo staff, our animal collection, and the residents and families of our community who enjoy visiting the zoo. 1400 COUNTY -CITY BUILDING • 227 W. JEFFERSON BOULEVARD.- SOUTH BEND, INDIANA 46601 PHONE 574/235 -9261 • FAx 574/235 -9892 • TTD 574/235 -5567 The administration, including Parks and Recreation Executive Director Phil St. Clair and City Controller Mark Neal, looks forward to discussing this ordinance and its objectives with Council Members in the coming weeks. Thank you for your consideration of this ordinance. Sincerely, Pete Buttigieg, M City of South Bend CC: South Bend Common Council Phil St. Clair, Executive Director, South Bend Parks and Recreation Mark Neal, City Controller Filed in Clerk's Office MAY 2 f Joel` "'M OLWHK, OWTH SEND, IN A 1,4,,SOCIATION TM OFZOGS IV. N TABLE OF CONTENTS Page Number Introduction..................................................................................... ..............................1 Aboutthe Survey ............................................................................. ............................... 2 ParticipantProfile ............................................................................ ..............................4 Exhibit 1: Demographic Profile of Survey Respondents ........... ............................... 6 Exhibit 2: Listing of Survey Respondents ................................... ..............................8 Total Compensation Practices ......................................................... .............................12 A. General Information .................................................................. .............................12 B. Human Resource Structure ........................................................ .............................13 C. Compensation Practices ............................................................ .............................14 D. Employee Benefit Plans ............................................................. .............................15 E. Staff Development /Retention ................................................... .............................16 Exhibit 3: Summary of Total Compensation Practices .............. .............................17 CashCompensation Data ................................................................. .............................46 Exhibit 4: Summary of Base Salaries Reported for Survey Positions ..................... 47 Exhibit 5: Summary of Total Cash Reported for Survey Positions ......................... 49 Exhibit 6: Change in Average Base Salaries 2008 - 2010 .......... ............................... 51 Individual Survey Position Base Salary Tables ExecutiveDirector / CEO .............................................................. .............................53 ChiefOperating Officer ............................................................ ............................... 54 Chief Administrative Officer ...................................................... .............................55 Executive Director, Zoo/Aquarium Society 56 GeneralCurator ....................................................................... ............................... 57 Curator..................................................................................... ............................... 58 Area Supervisor /Supervisory Keeper /Head Keeper ................ ............................... 59 SeniorKeeper ............................................................................. .............................60 Keeper...................................................................................... ............................... 61 Senior Life Support Engineer ................................................... ............................... 62 LifeSupport Engineer ................................................................. .............................63 Life Support and Water Quality Technician ............................. ............................... 64 Senior Aquarist /Marine Mammal Specialist ............................ ............................... 65 Aquarist /Marine Mammal Specialist ......................................... .............................66 Assistant Aquarist /Marine Mammal Specialist ....................... ............................... 67 AnimalTrainer Supervisor ....................................................... ............................... 68 AnimalTrainer .......................................................................... ............................... 69 TABLE OF CONTENTS Page Number HeadVeterinarian ...................................................................... .............................70 StaffVeterinarian ..................................................................... ............................... 71 Animal Health Care Technician .................................................. .............................72 Registrar................................................................................... ............................... 73 TopEducation Position ............................................................ ............................... 74 Second Level Education Position ............................................. ............................... 75 Educator................................................................................... ............................... 76 TopDesign Position .................................................................. ............................... 77 GraphicDesigner ...................................................................... ............................... 78 Top Guest Services Position ....................................................... .............................79 Top Food Services Position ...................................................... ............................... 80 Food Services Supervisor ........................................................... .............................81 Food Services Technician ........................................................... .............................82 Top Merchandising Position ...................................................... .............................83 TopFacilities Position ................................................................ .............................84 Craftsman /Maintenance Worker ............................................... .............................85 Custodian / Janitor / Housekeeper .............................................. ............................... 86 ExhibitFabricator ....................................................................... .............................87 Grounds Manager / Horticulturist ............................................... .............................88 Groundskeeper........................................................................ ............................... 89 TopSecurity Position ............................................................... ............................... 90 Chief Financial Officer ................................................................ .............................91 Controller /Director of Accounting ............................................. .............................92 Top Human Resources Position ............................................... ............................... 93 Human Resources Generalist ..................................................... .............................94 Top Information Technology Position ..................................... ............................... 95 Website Administrator ............................................................... .............................96 Government Affairs (Relations) Manager ................................. ............................... 97 TopDevelopment Position ........................................................ .............................98 Second Level Development Officer ......................................... ............................... 99 Special Events Manager ............................. ............................... ............................100 VolunteerManager .................................... ............................... ............................101 MembershipManager ............................... ............................... ............................102 TopMarketing Position .............................. ............................... ............................103 Top Communications Position .................... ............................... ...............:............104 Second Level Marketing /Communications Manager ............... ............................105 Conservation Director ................................ ............................... .............:..............106 ResearchSpecialist ..................................... ............................... .....................:......107 Appendix A —About PRM Consulting Group ............... ............................... ............................108 Appendix B — Request for Comments and Suggestions .............................: ............................109 Exhibit 4 Association of Zoos & Aquariums Summary of Base Salaries Reported for Survey Positions Number Number Annual Base Salary of of 25th 75th 90th Average Survey Position Organi- Incum- %ile Mean Median %ile %ile Tenure zations bents ($000) ($000) ($000) ($000) ($000) (Years) Executive Director /CEO 112 112 $89,813 $173,115 $145,000 $227,000 $.304,500 10.6 Chief Operating Officer 53 66 79,580 119,424 120,000 140,895 187,889 10.6 Chief Administrative Officer 35 35 84,711 119,698 104,358 145,101 176,219 7.8 Executive Director, Zoo /Aquarium Society 21 25 89,000 126,934 127,887 165,000 225,000 11.7 General Curator 93 100 57,750 82,769 76,809 98,280 135,000 8.4 Curator 72 237 49,000 60,347 58,780 70,545 81,330 10.0 Area Supervisor /Supervisory Keeper /Head Keeper 76 401 34,455 43,146 40,916 49,555 58,983 9.1 Senior Keeper 77 1,084 29,396 38,119 37,565 44,200 52,700 8.5 Keeper 88 2,213 22,500 25,074 26,407 30,429 35,664 5.7 Senior Life Support Engineer 24 34 42,546 55,929 55,663 61,261 69,010 8.8 Life Support Engineer 19 35 34,466 42,622 42,889 51,846 55,981 5.3 Life Support and Water Quality Technician 29 66 33,000 38,880 36,100 45,039 53,367 4.7 Senior Aquarist /Marine Mammal Specialist 24 98 32,137 39,433 37,105 48,318 57,173 7.7 Aquarist /Marine Mammal Specialist 31 174 27,000 33,861 32,817 40,123 44,200 4.8 Assistant Aquarist /Marine Mammal Specialist 17 61 21,000 23,358 22,064 27,514 28,378 1.2 Animal Trainer Supervisor 21 27 38,000 46,318 42,000 52,676 68,050 9.1 Animal Trainer 22 123 26,000 30,857 28,000 35,164 44,650 2.8 Head Veterinarian 60 64 78,000 93,574 88,150 103,370 115,727 8.5 Staff Veterinarian 57 93. 60,000 68,661 68,873 75,315 88,802 4.8 Animal Health Care Technician 71 166 32,350 37,758 36,000 40,634 48,500 6.4 Registrar 71 76 34,593 42,854 40,000 47,315 58,563 10.3 Top Education Position 94 99 46,130 66,366 61,068 82,509 99,100 7.2 Second Level Education Position 73 151 33,440 44,975 41,500 54,607 66,523 5.0 Educator 82 516 25,039 30,875 29,318 33,975 44,920 4.0 Top Design Position 34 34 52,937 72,179 63,000 80,325 105,785 7.7 Graphic Designer 57 80 36,650 45,345 41,000 46,750 62,411 7.1 Top Guest Services Position 78 81 40,523 66,148 58,050 83,338 96,943 6.7 Top Food Services Position 30 30 39,625 58,571 56,301 69,167 90,100 6.9 -47- Exhibit 5 Association of Zoos & Aquariums Summary of Total Cash Reported for Survey Positions Number Number Annual Total Cash Of of 25th 75th 90th Average Survey Position Organi- ' Incum %ile Mean Median %ile %ile Tenure zations bents ($000) ($000) ($000) ($000) ($000) (Years) Executive Director /CEO Chief Operating Officer Chief Administrative Officer Executive Director, Zoo /Aquarium Society General Curator Curator Area Supervisor /Supervisory Keeper /Head Keeper Senior Keeper Keeper Senior Life Support Engineer Life Support Engineer Life Support and Water Quality Technician Senior Aquarist /Marine Mammal Specialist Aquarist /Marine Mammal Specialist Assistant Aquarist /Marine Mammal Specialist Animal Trainer Supervisor Animal Trainer Head Veterinarian Staff Veterinarian Animal Health Care Technician Registrar Top Education Position Second Level Education Position Educator Top Design Position Graphic Designer Top Guest Services Position Top Food Services Position 112 112 $90,000 $180,206 $151,357 $245,291 $329,330 10.6 53 66 79,580 124,148 120,269 154,000 189,721 10.6 35 35 84,711 123,078 104,358 150,000 192,599 7.8 21 25 95,000 128,797 127,887 165,000 235,000 11.7 93 100 58,504 85,209 79,264 98,280 139,338 8.4 72 237 49,450 60,505 58,780 70,545 81,330 10.0 76 401 34,875 43,253 40,916 49,558 58,983 9.1 77 1,084 29,396 38,151 37,565 44,200 52,700 8.5 88 2,213 22,500 25,088 26,407 30,429 35,664 5.7 24 34 42,546 55,982 55,816 61,261 69,010 8.8 19 35 34,466 42,622 42,889 51,846 55,981 5.3 29 66 33,000 38,886 36,100 45,039 53,367 4.7 24 98 32,137 39,595 37,769 48,318 57,173 7.7 31 174 27,450 33,932 32,817 40,123 44,200 4.8 17 61 21,000 23,376 22,064 27,514 28,378 1.2 21 27 38,000 46,388 42,000 52,676 68,050 9.1 22 123 26,000 30,884 28,000 35,164 44,650 2.8 60 64 78,023 93,659 88,150 103,370 115,727 8.5 57 93 60,000 68,788 68,873 75,315 88,802 4.8 71 166 32,670 37,866 36,000 40,634 48,500 6.4 71 76 34,693 42,955 40,000 49,007 60,777 10.3 94 99 46,130 66,620 61,068 82,509 99,100 7.2 73 151 33,440 45,015 42,313 54,607 66,523 5.0 82 516 25,039 30,911 29,318 33,975 44,920 4.0 34 34 52,937 72,179 63,000 80,325 105,785 7.7 57 80 36,650 45,345 41,000 46,750 62,411 7.1 78 81 40,846 66,962 59,411 83,338 98,128 6.7 30 30 39,625 61,214 57,161 73,750 92,034 6.9 -49- Executive Director /CEO Serves as the senior executive, with responsibility for the overall performance and planning of the institution. Reports to and works with the Board of Directors, and oversees the planning and implementation of the institution's mission, policies, strategies, plans and organizational culture. Directs the development and execution of the institution's strategic and operating plans, goals and budget. Assumes primary responsibility for the institution's human and financial resources, collection, facilities, and other resources. Serves as the institution's principal spokesperson with key publics, including community leaders, funders, regulators, and professional peers. Reports to the Board of Directors /Trustees. Number Number Annual Base Salary of of 25th 75th 90th Average Organi- Incum- %ile Mean Median %ile %ile Tenure Zations bents ($000) ($000) ($o00) ($000) ($000) (Years) SUMMARY 112 112 $ 89,813 $ 173,115 $ 145,000 $ 227,000 $ 304,500 10.6 INSTITUTION TYPE Aquarium 16 16 83,102 125,607 124,564 142,444 213,910 8.3 Zoo 68 68 86,324 180,164 149,607 239,451 332,868 11.0 Combined Zoo and Aquarium 11 11 123,934 222,542 235,000 295,000 325,000 9.1 Other 17 17 102,086 157,651 150,000 177,735 237,781 12.4 REGION /ANNUAL BUDGET Northeast /Middle Atlantic 18 18 114,975 160,291 138,865 200,936 262,790 14.5 Less than $2.0 mm 4 4 -- 140,244 138,865 -- -- 10.3 $2.0 mm - $4.9 mm 4 4 -- 127,901 134,283 -- -- 26.4 $5.0 mm - $9.9 mm 2 2 -- -- -- -- -- -- $10.0 mm - $19.9 mm 4 4 -- 254,925 274,850 -- -- 19.7 $20.0 mm or more 4 4 -- 131,255 120,710 -- -- 7.5 Southeast /South 30 30 89,438 170,584 151,225 248,751 283,998 13.4 Less than $2.0 mm 3 3 -- -- -- -- -- -- $2.0 mm - $4.9 mm 6 6 146,738 175,137 155,749 187,812 -- 20.6 $5.0 mm - $9.9 mm 6 6 122,861 197,474 243,800 256,771 -- 11.9 $10.0 mm - $19.9 mm 10 10 89,438 184,855 179,853 274,165 302,981 14.5 $20.0 mm or more 5 5 -- 99,745 115,375 -- -- 7.0 Midwest 28 28 77,379 157,708 106,375 223,744 349,545 10.6 Less than $2.0 mm 7 7 68,500 184,571 76,000 300,000 -- 11.9 $2.0 mm - $4.9 mm 5 5 -- 130,686 90,000 - -- 9.1 $5.0 mm - $9.9 mm 2 2 -- -- -- - -- -- $10.0 mm - $19.9 mm 4 4 -- 106,748 74,000 - -- 3.7 $20.0 mm or more 10 10 108,868 185,528 143,935 228,750 353,791 14.2 Far West /Pacific Northwest 19 19 118,855 181,961 145,000 185,828 262,000 6.9 Less than $2.0 mm 4 4 -- 152,721 153,483 -- -- 3.3 $2.0 mm - $4.9 mm 1 1 -- -- -- - -- -- $5.0 mm.- $9.9 mm 5 5 -- 209,250 140,688 -- -- 5.4 $10.0 mm - $19.9 mm 2 2 -- -- -- -- -- -- $20.0 mm or more 7 7 123,543 198,750 159,120 202,500 -- 7.4 Southwest 17 17 145,000 206,652 216,600 285,000 335,000 5.9 Less than $2.0 mm 1 1 -- -- -- -- -- -- $2.0 mm - $4.9 mm 3 3 -- -- -- -- -- -- $5.0 mm - $9.9 mm 5 5 -- 160,000 135,000 -- -- 6.0 $10.0 mm - $19.9 mm 7 7 197,500 256,429 285,000 307,500 -- 5.9 $20.0 mm or more 1 1 -- -- -- -- -- -- -53- Head Veterinarian Oversees, usually in a larger institution, other veterinarians in the administration of routine preventive and emergency medical care for the animal collection. Observes, tests and otherwise monitors the health of the collection; and prescribes medication, diet or other forms of care. Participates in planning and managing the breeding program. Typically a DVM with at least eight years experience in veterinary care. If you have only one veterinarian on staff and that person has eight or more years of veterinary experience, report that position here. Number Number Annual Base Salary - of of 25th 75th 90th Average Organi- ' Incum- %ile Mean Median %ile %ile Tenure zations bents ($000) ($000) {$000) ($000) ($000) (Years) SUMMARY 60 64 $ 78,000 $ 93,574 $ 88,150 $ 103,370 $ 115,727 8.5 INSTITUTION TYPE 10 10 72,750 85,336 80,000 87,727 97,397 8.9 Aquarium 32 34 77,000 89,778 88,150 103,370 111,942 7.6 Zoo Combined Zoo and Aquarium 6 6 86,130 95,579 96,722 108,011 -- 13.0 8.5 Other 12 14 79,859 109,557 92,565 109,948 146,327 REGION /ANNUAL BUDGET Northeast /Middle Atlantic 11 it 80,760 98,617 97,863 106,075 122,273 9.5 Less than $2.0 mm 3 3 -- -- -- -- $2.0 mm - $4.9 mm 1 1 -- $5.0 mm - $9.9 mm 1 4 1 4 -- -- -- 104,861 -- 94,144 -- -- 3.6 $10.0 mm - $19.9 mm $20.0 mm or more 2 16 2 20 -- 72,298 92,611 80,000 94,054 107,192 9.5 Southeast /South Less than $2.0 mm 2 4 4 6 - - 123,287 80,633 -- -- 12.0 $2.0 mm - $4.9 mm $5.0 mm - $9.9 mm 3. 5 3 5 -- -- -- 82,687 80,000 13.6 $10.0 mm - $19.9 mm $20.0 mm or more 2 10 2 10 -- 79,220 83,456 86,690 89,575 112,500 6.8 Midwest Less than $2.0 mm 3 3 -- -- $2.0 mm - $4.9 mm 2 2 - $5.0 mm - $9.9 mm 0 0 -- $10.0 mm - $19.9 mm 1 1 4 -- _ 89,220 84,439 -- -- 6.6 $20.0 mm or more 4 12 12 79,436 96,250 83,077 97,384 144,100 8.9 For West /Pacific Northwest Less than $2.0 mm 2 2 -- -- $2.0 mm - $4.9 mm 1 4 1 4 -- 81,179 79, 957 __ -- 5.5 $5.0 mm - $9.9 mm $10.0 mm - $19.9 mm 1 4 1 4 -- _ 110,378 98,256 -- -- 6.5 $20.0 mm or more 11 11 90,364 96,209 94,000 108,630 112,000 7.3 Southwest Less than $2.0 mm 1 1 -- -- $2.0 mm - $4.9 mm 1 1 _ -- $5.0 mm - $9.9 mm 3 6 3 6 -- 89,847 -- 96,742 -' 91,665 -- 106,548 -- 6.2 $10.0 mm - .$19.9 mm $20.0 mm or more 0 0 -- -- -' - -70- �R P-7) - JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG_ SOUTH BEND. INDIANA 46601 (574) 23S -9571 Wednesday, May 22, 2013 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A combined hearing on a proposed ordinance of Parwinder Kaur, Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District, and seeking a Special Exception Use to allow a gasoline service station property located at 3527 and 3529 Western Avenue, City of South Bend - APC# 2670 -13. Dear Council Members: I hereby Certify that the above referenced ordinance of Parwinder Kaur, Singh Harjinder & Barbara Dockery was legally advertised on Thursday, May 09, 2013 and that the Area Plan Commission at its public hearing on Tuesday, May 21, 2013 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Parwinder Kaur, Singh Hadinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District, property located at 3527 and 3529 Western Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation. Western Avenue is a major east/west traffic corridor, with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. Upon a motion by John McNamara, being seconded by Daniel Brewer and unanimously carried, a Special Exception Use to allow a gasoline service station property located at 3527 and 3529 Western Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation. The Special Exception Use meets the standards of approval in that new curbing and sidewalks will support public safety; the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan objectives are being met in providing a range of mixed uses. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, n W. Byorni Attachment CC Parwinder Kaur & Singh Harjinder Barbara Dockery Attorney Anthony Zappia SEP�aSA f qjWt fi[f 5SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY OSCEOLA & ROSELAND www.stiosephcountyindiana.com/Areaplan Staff Report 5/9/2013 APC # 2670 -13 Owner: Parwinder Kaur & Singh Harjinder Location: 3527 and 3529 Western Avenue Jurisdiction: City of South Bend Public Hearing Date: 5/21/2013 Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District; a Special Exception Use to allow a gasoline service station; and eleven variances. Land Uses and Zoning: On site: On site is an existing convenience store and a single family home. North: To the north, across the alley, are single family homes and a church zoned SF2 Single Family and Two Family District. East: To the east is a vacant house with a business front zoned MU Mixed Use District. South: To the south, across Western Avenue is a parking lot zoned LB Local Business District. To the southwest is a vacant commercial business zoned MU Mixed Use District. West: To the west is a convenience store zoned LB Local Business District. District Uses and Development Standards: The LB Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site Plan Description: The total area of the two lots is approximately 1/4 of an acre. There is an existing 1,733 square foot convenience store building covering 17% of the site. Gasoline pumps and nine parking spaces are proposed. Foundation landscaping is proposed for the west side of the building. There will also be two street trees along Kenmore, with approval from the City Forester, and evergreen screening. around the dumpster. Paving will cover 73% of the site. Zoning and Land Use History And Trends: The property at the northeast corner of Western and Wellington, approximately one block to the west, was rezoned to CB Community Business District for automotive related uses in 2010. Prior to the map change in 2004 the north side of Western Avenue, from Chicago to Meade, was all zoned C Commercial. APC # 2670 -13 Page I of 4 Staff ff Report Traffic and Transportation Considerations: Western Avenue has four lanes.. Kenmore Street has two lanes. Utilities: The property is currently served by public water and public sewer. Agency Comments: The City Engineer has no comments. We have not received comments from the Department of Community Investment. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: 5/9/2013 City Plan, South Bend Comprehensive Plan (November 2006) Objective LU 1: Plan for the future of the community's districts, neighborhoods, and corridors. Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on 'the Future Land Use Map. Objective LU 2.4: Provide buffer spaces between non - compatible uses. Land Use Plan: The Future Land Use Map identifies the areas along Western Avenue as Commercial and Mixed Use. Plan Implementation /Other Plans: Western Avenue Commercial Corridor Revitalization Action Plan (June 1999). The Market Development objectives include attracting developers, merchants, and small business owners, and encouraging new development. A Vision Plan for the Commercial Corridor of The Western Avenue of South Bend, Indiana (February 2003). Items in the Mission Statement include, improve the business climate and improve the appearance of property and infrastructure on Western Avenue. 2. Current Conditions and Character: Western Avenue is a busy and traditional commercial corridor. Changing business patterns have negatively affected the properties, but new businesses are making an effort to locate within the corridor. 3. Most Desirable Use: The most desirable use along this commercial corridor is a commercial use. 4. Conservation of Property Values: The expansion of an existing business, when properly buffered, should have a minimal effect on surrounding property values. APC # 2670 -13 Page 2 of 4 Staff Report 5. Responsible Development And Growth: 5/9/2013 It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and a number of variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from MU Mixed Use to LB Local Business District. The Special Exception Use is for a gasoline service station. The petitioner is also requesting the following 11 variances: 1) from the requirement of providing perimeter trees at a minimum rate of one over -story deciduous tree every 40 feet to providing a minimum of two trees in the parkway of Kenmore on the west side of the site and one tree along the north property line; 2) from the requirement of providing a minimum of a six foot wide landscape planting area along the Western Avenue fagade of the existing building to no landscaping and to a minimum of ten shrubs along the Kenmore Street; 3) from the requirement of providing Type `B" residential buffer yard screening along the north and east property lines to providing a minimum six foot high landscape screening fence along said property lines to the required ten foot sight triangle at the northwest corner of the site and ten foot sight triangle at the southeast corner of the site; 4) to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed in the twenty foot wide Residential Buffer yard along the north property line and east property line to a minimum of one foot along the north property line and to a minimum of two foot along the east property line as show; 5) from the requirement of providing a minimum of 24 foot aisle way in the shown north parking area to a minimum of 22 feet; 6) from the requirement of providing a minimum 20 foot in length of their parking spaces to 19 foot; 7) to allow a canopy over the gasoline pumps to encroach a maximum of 13 feet into the 20 foot wide residential buffer yard along the east property line and to a maximum of 15 feet into the 30 foot front yard building setback along Western Avenue; 8) from the requirement of providing a minimum of a ten foot wide drive -thru lane and 12 foot wide bailout lane for the proposed gasoline dispensing facility to providing a minimum of nine foot wide drive thru- and bailout lanes; 9) from the minimum 15 foot parking setback along Kenmore Street to a minimum of six foot for proposed parking spaces; 10) from the minimum 30 foot front yard setback along Western Avenue to a minimum of nine feet and from the minimum of 30 foot front yard building setback along Kenmore Street to a minimum of eight feet for an existing building; and 11) from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to screening as shown. State statues and the South Bend Zoning Ordinance require that certain standards must be APC # 2670 -13 Page 3 of 4 Staff Report 5/9/2013 met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. This site was previously proposed for the same use in September 2012. It was sent by the Area Plan Commission with a favorable recommendation to the Common Council. The petitioner withdrew the petition after the Common Council public hearing. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Based on information available prior to the public hearing, the staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variances as presented. Analysis: Western Avenue is a major east/west traffic corridor, with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. In the staffs opinion, because of the positive redevelopment of this site and its existing configuration, the variances meet the standards for approval. In addition, the Special Exception Use meets the standards of approval in that new curbing and sidewalks will support public safety; the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan objectives are being met in providing a range of mixed uses. APC # 2670 -13 Page 4 of 4 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings. of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception / Special Use A special use may only be granted upon making a written detemvnation and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 the adjacent area or 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 Comprehensive Plan. Page 1 of 1 Christa Nayder - concern Home Owner - rezoning in my area From: Timothy Bond <bondtim @att.net> To: <cnayder @co.st joseph.in.us> Date: 5/19/2013 7:10 PM Subject: concern Home Owner - rezoning in my area May 16, 2013 Area Plan Commission of St. Joseph County (Public hearing Tuesday, May 21, 2013 at 3:30 p.m.) I am the property owner of 318 South Wellington Street and 1 am writing once again to express my opinion about a rezoning issue being proposed at 3529 and 3527 Western Avenue. 1 am strongly against this rezoning taking place in the neighborhood. This address already has prior incidents of loitering, criminal activity and violence by said loiters. The police have been dealing with these issues for some time and the problems still exists. If this property is allowed to rezone for a gasoline services station facility this will bring more criminal activity to the neighborhood. Please keep in mind there is already a service station on the corner of Falcon and Western which is one street over. Sincere Thanks from a Concern Homeowner, Mr. and Mrs. Timothy Bond 574- 287 -0408 file: / /CADocuments and Settings \cnayder\Local Settings \Temp\XPgrpwise \519923A3SJC_... 5/20/2013 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 W WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT CURRENTLY THE PROPERTY IS ZONED MU- MIXED -USE DISTRICT AND IT WILL BE CHANGED TO CB- COMMUNITY BUSINESS DISTRICT FOR THE SPECIAL EXCEPTION FOR AUTOMOBILE SALES & SERVICE. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance no. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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 1030 & E1 /2 Vac Alley & S 1/2 Vac Alley LaSalle Park Be and the same hereby established as CB — Community Business District. SECTION II. That a Special Exception for Automobile Sales & Service in a CB — Community Business District zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ of ,20 , at o'clock m. City Clerk Approved and signed by me on the day of Z0 at o'clock .m. 9 A READING 3 `1 ( -1-3 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor of the City of South Bend, Indiana day Filed in C W ` : si Ce M A R 6 01 CrrY CLERK, SOUTH uEND, IN PETITION FOR COMBINED HEARING City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 3801 W Western Avenue South Bend IN 46619 2) The property Tax Key Number(s) is /are: 018- 4069 -2564 3) Name and address of property owner(s) of the petition site: Jose Luis Consuelo 3817 W Western Ave South Bend IN 46619 4) Name and address of contingent purchaser(s), if applicable: None 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Automobile Sales & Service 7) If, applicable, a detailed description and the purpose of the variance(s) being requested: 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Rezoning the property from MU Mixed Use Business to CB Community Business District — Automobile Sales & Service will enable me to expand the land space available for my car lot located directly to the west at 3817 W Western Avenue. 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed CB Community Business District — Automobile Sales & Service will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because it will allow the business to expand the space that it has to park the vehicles that are for sale enabling the lot at 3817 W Western Avenue to contain the overflow of customer parking from the side street. (b) The proposed CB Community Business District — Automobile Sales & Service will not injure or adversely affect the use of the adjacent area or property values therein because the look and use of the property will be revitalized. Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place. (c) The proposed CB Community Business District — Automobile Sales & Service will be consistent with the character of the district in which it is located and the land uses authorized therein; and provide an already successful business to expand. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions shall be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Si a r s of 11 P o e gr►) J Jr p rty owners) or signature of Attorney for all nrnn !l.> - 1. Jose Luis Consuelo 3817 W Western Ave South Bend, IN 46619 (574)386 -5583 CONTACT PERSON: (if different) 1:314 Filed Fri MAC JOHN vo'-Vt� CITY CLERK, Uri-, BIENt), ON 1 ON P3- V ,k3 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227W. JEFFERSON BLVD_ ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 -9571 Wednesday, May 22, 2013 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of the South Bend Redevelopment Authority to zone from LI Light Industrial District to O Office District, property located at 3920 Crescent Circle, and 5661 F. J. Nimtz Parkway and the property located immediately east of 5661 F. J. Nimtz Parkway, City of South Bend - APC# Dear Council Members: I hereby Certify that the above referenced ordinance of South Bend Redevelopment Authority was legally advertised on Thursday, May 09, 2013 and that the Area Plan Commission at its public hearing on Tuesday, May 21, 2013 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of the South Bend Redevelopment Authority to zone from LI Light Industrial District to O Office District, property located at 3920 Crescent Circle, and 5661 F. J. Nimtz Parkway and the property located immediately east of 5661 F. J. Nimtz Parkway, City of South Bend, is sent to the Common Council with a favorable recommendation. There has been a mix of light industrial and offices developed within this area. Several properties in the vicinity are zoned O Office, including properties directly across the street from the petition area. Rezoning these properties to O Office will permit the properties to be more effectively marketed in compliance with the Master Development Plan for Airport 2010 Project. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, hn W. Byorni Attachment CC South Bend Redevelopment Authority SERVING: ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND www.stiosephcou ntyindia na .corn/Areap Ian Staff Report APC # Owner: Location 5/9/2013 2672 -13 South Bend Redevelopment Authority 3920 Crescent Circle, 5661 F. J. Nimtz Parkway and the property located immediately east of 5661 F. J. Nimtz Parkway Jurisdiction: City of South Bend Public Hearing Date: 5/21/2013 Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to O Office District to allow uses permitted in the O Office District Land Uses and Zoning: On site: On site is vacant land zoned LI Light Industrial District. North: To the north is the Indiana Toll Road. East: To the east is the Indiana State Police Office. South: To the south is vacant land zoned O Office District and Blackthorn Golf Course Zoned LI Light Industrial District. West: To the west is a multi- tenant office building zoned LI Light Industrial District. District Uses and Development Standards: The O Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi- public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The O District is intended for areas with easy access and high visibility from primary transportation routes. Site Plan Description: The site consists of Lots 6, 7, and 8 of the Blackthorn Corporate Park Minor Subdivision. All three lots are currently vacant and total 17.67 acres. Perimeter setbacks are established. Zoning and Land Use History And Trends: This property was zoned O Office in 2004 when the current zoning ordinance took effect. It was rezoned to LI Light Industrial in 2005. Traffic and Transportation Considerations: Nimtz Parkway is a four lane road. Crescent Circle is a two lane road. Utilities: The site will be served by municipal water and sewer. Agency Comments: The County Surveyor has no objections. The City Engineer has no objections provided there are no buildings constructed over the sanitary sewer located on Lot 8. The St. Joseph County Airport Authority has no objection as long as the height limitations of the zoning APC # 2672 -13 Page _1 of 2 Staff Report ordinance are enforced due to the proximity to the Airport. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2005) Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The future land use map identifies this area as Light Industrial. Plan Implementation /Other Plans: 5/9/2013 Master Development Plan for the Airport 2010 Project identifies this area as Office Park/Golf Course. The Office Park/Golf Course area is intended for large single tenant, corporate headquarters, or large multi - tenant professional buildings on sites ranging from 5 -10 acres. 2. Current Conditions and Character: The site is located within the Blackthorn Corporate Park. Currently there are a number of vacant parcels and a mix of light industrial and office uses. 3. Most Desirable Use: The most desirable uses are those allowed in O Office and LI Light Industrial. 4. Conservation of Property Values: Surrounding property values should not be negatively impacted by the rezoning. 5. Responsible Development And Growth: It is responsible development and growth to zone the site to O Office to allow for development compatible with the Blackthorn development. Staff Comments: No additional staff comments. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition, be sent to the Common Council with a favorable recommendation. Analysis: There has been a mix of light industrial and offices developed within this area. Several properties in the vicinity are zoned O Office, including properties directly across the street from the petition area. Rezoning these properties to O Office will permit the properties to be more effectively marketed in compliance with the Master Development Plan for Airport 2010 Project. APC # 2672 -13 Page 2 of 2 Rezoning from: "iLI" LIGHT INDUSTRIAL DISTRICT to "t0" OFFICE DISTRICT Zoning Key = SOUTH BEND "O" OFFICE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT - SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT N W*-. E s 1 inch = 400 feet APC # 2672-13 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5661 F.J. NIMTZ PARKWAY AND THE VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT TO 5661 F.J. NIMTZ PARKWAY, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Zoning is currently "LI" Light Industrial. A change in the zoning classification to "O" Office District will allow for greater development opportunities and is compatible with surrounding zoning classifications. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, shall be and the same hereby is amended to provide that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Blackthorn Corporate Park, Park Minor Sub # 7 Lots 6, 7, and 8 be and the same is hereby established as "O" Office District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication according to law. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock m. City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. Mayor of the City of South Bend, Indiana Filed in ClerFk y ,r 3 CITYCL!';Pit% Sea), IN 1 st READING f - t, —`-3 PUBLIC, HEARING 3 rd READING NOT APPROWD REFERRED PASSED PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 5661 F.J. Nimtz Parkway and the vacant property east of and adjacent to and west of and adjacent to 5661 F.J. Nimtz Parkway, South Bend, Indiana 2) The property Tax Key Number(s) is /are: 025 -1018- 062208, 025 -1018- 062209, and 025- 1018 - 062210 3) Name and address of property owner(s) of the petition site: South Bend Redevelopment Authority 1400 County City Building South Bend, IN 46601 Ph: 574- 235 -9371 4) Name and address of contingent purchaser(s), if applicable: Not applicable 5) It is desired and requested that this property be rezoned: From: "LP' Light Industrial To: "O" Office District 6) This rezoning is requested to allow the following use(s): General office and medical office 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Scott Ford — Director of Community Investment 227 W. Jefferson 1400 County -City Building South Bend, IN 46601 574- 235 -9371 Sford@southbendin.gov CONTACT PERSON: (If different) Same as above Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Filed __; c* 216A JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG, SOUTH BEND, INDIANA 46601 (574) 23S -9571 Wednesday, May 22, 2013 �'� IJ —( The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of the City of South Bend Redevelopment Commission and Data Realty Northern Indiana LLC to zone from GI General Industrial District and PUD Planned Unit Development District to PUD Planned Unit Development District, property located at the southeast quadrant of Sample Street and Prairie Avenue, extending generally to Cotter Street on the South and Lafayette Boulevard on the east, containing 85 acres, City of South Bend - APC# 2671 -13. Dear Council Members: I hereby Certify that the above referenced ordinance of City of South Bend Redevelopment Commission and Data Realty Northern Indiana LLC was legally advertised on Thursday, May 09, 2013 and that the Area Plan Commission at its public hearing on Tuesday, May 21, 2013 took the following action: Upon a motion by Daniel Brewer, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of the City of South Bend Redevelopment Commission and Data Realty Northern Indiana LLC to zone from GI General Industrial District and PUD Planned Unit Development District to PUD Planned Unit Development District, property located at the southeast quadrant of Sample Street and Prairie Avenue, extending generally to Cotter Street on the South and Lafayette Boulevard on the east, containing 85 acres, City of South Bend, is sent to the Common Council with a favorable recommendation. The South Bend Comprehensive Plan, City Plan, identifies the establishment of a research park as one of the action steps under Strategy # 1. In conjunction with Notre Dame's Innovation Park, Ignition Park provides a well - designed development site for the attraction of new businesses. The changes proposed from the original PUD, preserves the overall intent of the development of Ignition Park. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely )- ' �-36hn ~W. Byo Attachment CC City of South Bend Redevelopment Commission Data ReagX Northern Indiana LLC SERVING: ST. EPH COUNT . SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND www.stjosephcountyindiana-con-w/Areaplan Staff Report 5/9/2013 APC # 2671 -13 Owner: City of South Bend Redevelopment Commission Location: The southeast quadrant of Sample Street and Prairie Avenue, extending generally to Cotter Street on the South and Lafayette Boulevard on the east, containing 85 acres Jurisdiction: City of South Bend Public Hearing Date: 5/21/2013 Requested Action: The petitioner is requesting a zone change from GI General Industrial District and PUD Planned Unit Development District to PUD Planned Unit Development District to allow a tech park, known as Ignition Park. Land Uses and Zoning: On site: All of the original Studebaker buildings have been demolished. Hamilton Towing is located at the northeast corner of the site. There is a new building (Data Realty) at the south end of the site. North: To the north is the St. Joseph County Jail, the City of South Bend Municipal Garage and Police Station, and the United Beverage facility, all zoned GI General Industrial District. East: To the east is the new Transpo building zoned GI General Industrial District. To the east, across Lafayette Blvd. is a multi tenant office building and the Hydraulic & Steam Equipment Company zoned GI General Industrial District. South: To the south, across Cotter Street, is Ferguson Enterprises and the Martin's Supermarket corporate office zoned GI General Industrial District. To the south, across the railroad tracks, are a few single family homes and vacant land zoned SF2 Single Family and Two Family District. West: To the west, across Prairie Avenue, are Ideal Corporation, Midwest Sales, and Omnisource Corporation all zoned GI General Industrial District. District Uses and Development Standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: As with the existing PUD, the site plan is very general, showing street layout and perimeter setbacks. Detailed development standards are described through an exhibit APC # 2671 -13 Page I of 3 Staff Report 5/9/2013 attached to the ordinance. This narrative plan describes what is expected to happen as Ignition Park develops. The narrative plan covers uses, setbacks, building heights, landscaping and other development elements associated with the site. Changes from the previous PUD (APC# 2568 -10) ordinance include adding child care, medical or dental clinic, and hotel uses, removing the minimum height of buildings, and reducing side and rear setbacks. Secondary approvals will require site plans that fully meet the intent and specific development standards of the narrative plan. The Data Realty site, which received Final Site Plan approval on March 8, 2012 under the previous rezoning, will not need a new site plan review. Zoning and Land Use History And Trends: A similar petition was filed at the end of 2010. This petition adds the Hamilton Towing site at the northeast corner and removes a lot at the southwest corner. Previously, the entire site was zoned GI General Industrial District. Traffic and Transportation Considerations: Sample Street has four lanes. Prairie Avenue, Lafayette Blvd, and Cotter Street each have two lanes. Ignition Circle will have two lanes once it is completed. Utilities: The site will be served by City of South Bend utilities. Agency Comments: The Department of Community Investment supports the change in zoning as submitted. The City Engineer has no comments. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. Objective ED 2.6: Encourage initiatives that advance innovation in research and development for local businesses. Objective ED 5.1: Provide incentives to science, engineering and high -tech businesses to locate in the city. Land Use Plan: The Future Land Use Map identifies this area as Heavy Industrial. Plan Implementation /Other Plans: This area is within the Sample Ewing Development Area. (City Plan Map 7.1) 2. Current Conditions and Character: This area was previously part of the Studebaker manufacturing complex. The buildings have all been demolished over the past several years to make way for the development of Ignition Park. Surrounding uses are small to medium sized industrial businesses and public use facilities. APC # 2671 -13 Page 2 of 3 Staff Report 5/9/2013 3. Most Desirable Use: The most desirable uses are large industrial and office users, within a planned development. 4. Conservation of Property Values: Given the specific development standards applied to this development, surrounding property values should not be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to promote the adaptive reuse of land within the context of the Comprehensive Plan. Staff Comments: The staff received a letter in support of the rezoning from the Rum Village Neighborhood Association. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The South Bend Comprehensive Plan, City Plan, identifies the establishment of a research park as one of the action steps under Strategy # 1. In conjunction with Notre Dame's Innovation Park, Ignition Park provides a well - designed development site for the attraction of new businesses. The changes proposed from the original PUD, preserves the overall intent of the development of Ignition Park. APC # 2671 -13 Page 3 of 3 No EL � -- =. �M. 11;1. 714, b Rum Village Neighborhood Association PO Box 2604 South Bend, In 46680 574 - 282 -4837 Area Plan Commission of St. Joseph County, In 227 W Jefferson Blvd. Room 1140 County City Building South Bend, In 46601 RE: City of South Bend Redevelopment Commission 85 acres southeast Of Sample Street and Prairie Ave Rezoning From GI General Industrial District: PUD Planned Unit Development District To: PUD Planned Unit Development District APC # 2671 -13 — Preliminary Site Plan On behalf of the Rum Village Neighborhood Association I would like to express the support of the Rum Village Neighborhood Association for the rezoning of the 85 acres southeast of Sample Street and Prairie Avenue known as Ignition Park. The Association is confident that the rezoned property will be an asset to the neighborhood. The Neighborhood Association is pleased to have this economic redevelopment in our community. In closing, the Neighborhood Association urges you to approve the Planning Commission request to rezone the property known as Ignition Park. Thank you in advance for your favorable consideration. Sin ely, Patrick Shelton Rum Village Neighborhood Association President ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the rezoning of approximately 85 acres located in the City of South Bend, Portage Township, St. Joseph County, Indiana, has been filed by the City of South Bend by its Redevelopment Commission and Data Realty Northern Indiana LLC to rezone from GI — General Industrial District and Ignition Park PUD to PUD Planned Unit Development to provide for a mixed -use PUD District to be known as "Ignition Park PUD" which is compatible with the surrounding zoning classifications. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, shall be and the same hereby is amended to provide that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Northeast Quarter of Section 14 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph. County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 2,159.25 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 599.75 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded by Document No. 0918833 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 2, S. 890- 21' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00 °- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the South line of a 30 -foot wide Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said South line a distance of 840.05 feet to a point of intersection with the West line of Ignition Drive South extended South; thence N. 00 °- 26' -45" W. along said Southerly extension and the West line of said Ignition Drive South a distance of 402.97 feet more or less to a point; thence continuing along said Westerly line around a 342.00 foot radius curve to the right having an arc length of 162.04 foot and a chord bearing of and N. 13 °- 07' -39" E. and a chord length of 160.53 feet to the point of intersection with the Southerly line of Ignition Circle; thence along said Southerly line around a 40 1. 00 foot radius curve to the right having an arc length of 166.10 foot and a chord bearing of and N. 40°- 03' -01" W. and a chord length of 164.92 feet to the point of intersection with the Southerly right -of -way line of Cotter Street; thence along said Southerly line for the next two (2) courses, S. 67 °- 49' -42" W. a distance of 38.00 feet and around a 342.00 foot radius curve to the right having an arc distance of 107.49 foot and a chord bearing of and S. 76 °- 49' -56" W. and a chord length of 107.05 feet to the point of intersection with the East right -of -way line of Kendall Street; thence N. 89°- 45' -35" W. a distance of 25.00 feet more or less to the Centerline of said Kendall Street; thence N. 00 °- 26'-45" W. along said Centerline a distance of 42.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence N. 89 °- 45' -35" W. along the Centerline of Cotter Street a distance of 883.13 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 28'-18'-01"E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 85.07 Acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as a PUD — Planned Unit Development to be known as the "Ignition Park PUD" to be regulated according to the "Ignition Park PUD Zoning Ordinance" attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication according to law. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock m. City Clerk Approved and signed by me on the day of .m. 1 st READING r ( 3 —t,3 PUBLIC HEARING 3 rd REAMNG NOT APPROVED REFERRED PASSED 20 , at o'clock Mayor of the City of South Bend, Indiana F119d in Maj ;Pj; t� tFt �'i• , � PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 85 acres southeast of Sample Street and Prairie Avenue. See attached sheet for addresses. 2) The property Tax Key Number(s) is /are: See attached sheet for tax key numbers. 3) Name and address of property owner(s) of the petition site: City of South Bend South Bend Redevelopment Commission 227 W. Jefferson Boulevard, Suite 1400 S South Bend, IN 46601 (574) 235 -9371 sford(&southbendin eov 4) Name and address of contingent purchaser(s), if applicable: Not applicable. 5) It is desired and requested that this property be rezoned: Data Realty Northern Indiana LLC — R; t►,� F Ca—I �v,� 1440 Ignition Drive South South Bend, IN 46601 (855) 525 -3282 From: GI — General Industrial; PUD — Ignition Park Planned Unit Development To: PUD — Planned Unit Development (to be known as "Ignition Park PUD ") 6) This rezoning is requested to allow the following use(s): The proposed rezoning is intended to provide for a high tech park known as Ignition Park. The park may include, but not be limited to, research and development facilities, education, office, prototyping facilities, and for other supporting and complementary uses. 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property, (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) six (6) preliminary site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. PETITION PREPARED BY: Scott Ford City of South Bend Department of Community Investment South Bend Redevelopment Commission 227 W. Jefferson Boulevard, Suite 1400S South Bend, IN 46601 (574) 235 -9371 sfordna southbendin eov CONTACT PERSON: (If different) (same) or, signature of Attorney for all property Owner(s): Filed in Cfi 's Office AY � t. t l.ii w .,u CI it C1 ERk tkiL `r RFNb, IN