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Home My WebLink About08-11-2025 Agenda PacketOFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Jasmine Jackson Matthew Neal Margaret Gotsch CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, AUGUST 7, 2025 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, August 11, 2025: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/081125CC 6:30 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1.Bill No. 44-25 - Special Exception at 221 North Ironwood Drive Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2.Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, August 11, 2025 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/SBCC081125 1. INVOCATION JAY DIXON | HUNTLY MEMORIAL BAPTIST CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES JULY 28, 2025 5. SPECIAL BUSINESS SPECIAL PROCLAMATION HONORING ADRIANA SWANSON 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 43-25 SECOND READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS 2 44-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 221 N IRONWOOD DR COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 8. BILLS ON THIRD READING TIME:______ BILL NO. 43-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS 44-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 221 N IRONWOOD DR COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS 10. BILLS ON FIRST READING BILL NO. 48-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE HISTORIC LANDMARK DESIGNATION AT 528 SOUTH EDDY STREET, LOCATED WITHIN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 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. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-18-2025) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member Ophelia Gooden-Rodgers, Member Kaine Kanczuzewski, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Alice Marie Pickens, Citizen Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Canneth Lee, Member Troy Warner, Member Rachel Tomas Morgan, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Member Savino Rivera Jr., Citizen Member Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member Citizen Member Citizen Member PARC COMMITTEE- Venues, Parks, and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member Karen L. White, Vice- Chairperson Troy Warner, Member Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member Carl Littrell, Citizen Member Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member Gabriel Murei, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Firdia Johnson, Citizen Member Joseph Mayer, Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Dr. Oliver Davis, Chairperson Troy Warner, Member Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member Henry Davis Jr., Citizen Member Stacey Odom, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Sherry Bolden-Simpson, Member 2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025) CANNETH LEE, 1ST District Council Member President Council Rules Committee, Member OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Public Works & Property Vacation Committee, Vice-Chairperson Community Investment Committee, Member PARC Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Member Information & Technology Committee, Member TROY WARNER, 4TH District Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson Council Rules Committee, Member Public Works & Property Vacation, Member PARC Committee, Member Sub-Committee on the Minutes, Member Zoning & Annexation Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member Utilities Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member Utilities Committee, Vice-Chairperson Information & Technology Committee, Member Personnel & Finance Committee, Member Health & Public Safety Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Vice-President Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Zoning & Annexation Committee, Vice-Chairperson Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson 1200 COUNTY-CITY BUILDING 1$ 013TH 8 Pt ic)Ni. 574/235-9241 227 W.Ju1PERSON BOULEV.vRD I F.vx 574/235-7670 SOu'rt i Br.Nu,IND1 N.\46601-1830 c I TTY 574/235-5567 PE I CEi i a R at" h',,', @ter....__5, m n CITY OF SOUTH BEND JAMES MUEJJ.FR,M.vYOR DEPARTMENT OF LAW S.\NDR.\KI:NNFDY Ji?NN.\K.Ti IROW CORPORA TioN COLINsra. CITY A'ITORNI?Y July 8,2025 Filed in Clerk's Office Honorable Sheila Niezgodski J ii L 0 8 2025 4th Floor, County-City Building 227 W.Jefferson Blvd. Bianca TiradohCityClerk, South Bend, IN South Bend,IN 46601 Re: Submission of Ordinance Amending Section 2-210 of the South Bend Municipal Code Dear Committee Chair Niezgodski: Enclosed for your review is a proposed ordinance amending Section 2-210 of the South Bend Municipal Code, which addresses fees and processes for public records requests. The revised ordinance makes several key updates to this section, including moving the fees to a fee schedule, adopting fees for review and redaction of law enforcement recordings, prohibiting use of certain records for commercial purposes,and clarifying the handling of fees for record certification. I respectfully request that this ordinance be placed on the Council agenda for first reading at your July 14,2025 meeting,and be scheduled for public hearing,second,and third reading at the July 28, 2025 meeting. I will be presenting the Ordinance. A full copy of the proposed ordinance is attached for your reference. Should you have any questions or require additional information, please do not hesitate to contact me at j throwasou thbendin.gov. Sincerely, Q'LtLI,c- 1iz.664,- Jenna Throw City Attorney JT/bm DANIELLE WEISS MICHAEL SCHMIDT KYLIE CONNELL THOMAS E. PANOWICZ ADAM E.TAYLOR JOHN DORBIN,JR. 43-25 Filed in Clerk's Office JUL 0 8 2025 BILL NO. 43-25 Bianca Tirado ORDINANCE NO.City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS STATEMENT OF PURPOSE AND INTENT Section 2-210 of the South Bend Municipal Code provides the regulations governing the fees for delivery of documents requested through the Access to Public Records Act, as well as fees for specific public safety services. The proposed ordinance provides key updates to this Section, including a revision to shift the list of specific fees to a fee schedule from the Municipal Code, which will assist with the process for requesting future revisions from the Common Council. The proposed ordinance also includes an update to include a provision, consistent with Indiana law, that no fee shall be charged for electronic transmission of records in most circumstances, unless specified by state law or court order. The proposed ordinance clarifies the language regarding certification of records and clarifies the appropriate processing of fees for certification. The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e) that prohibits the use of certain requests for information from an electronic data storage system for commercial purposes. The proposed ordinance, together with the fee schedule, incorporates updates permitted by Indiana Code 5-14-3-8(g)(1)to permit charging for the direct costs of producing law enforcement recordings, which includes the significant time spent in reviewing and redacting law enforcement recordings consistent with the requirements of the Access to Public Records Act prior to delivery. Review and redaction of law enforcement recordings represent a significant proportion of the time spent responding to public record requests, and adopting the charges permitted by Indiana law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance. The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(1) for the expenditures that may be funded with fees collected for the production of a law enforcement recording. This ordinance amendment is necessary for the effective, efficient administration of the Access to Public Records Act process. This ordinance is in the best interest of the City and its residents. Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Section 2-210 of the South Bend Municipal Code shall be amended as follows: Sec. 2-210. Generally. a) The Common Council shall adopt by Ordinance a fee schedule establishing reasonable fees for delivery of documents delivered as public records under I.C. 5-14-3-2 and providing of specified public safety services, to be paid by the requesting party not later than the time of delivery of each of the services or records described. The fee schedule may be accessed on the City's website or upon in person request. b) No fee shall be charged for inspection of the public records indicated above where a copy is not provided or for electronic copies of records provided by electronic mail, except where a certification, copying, or search fee is specified by statute or by court order. c) The City shall require payment by the purchaser in advance of the City's production of the record. d) The additional charge for certification shall be deposited into the same fund as the fees collected for the copies of records. e) A person who receives information from an electronic data storage system as described in Indiana Code 5-14-3-3(d)may not use the information for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by the request to any other person for these purposes. Use of the information for the preparation or publication of news, for nonprofit activities, or for academic research is not prohibited. A person who uses such information contrary to this subsection may be prohibited by the City from obtaining further records under Indiana Code 5-14-3-3(d). f) Any fees collected pursuant to this section by the South Bend Police Department, other than for law enforcement recordings, shall be deposited into the law enforcement continuing education fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. g) Any fees collected for law enforcement recordings by the South Bend Police Department shall be deposited into the law enforcement continuing education fund and used for one (1) or more of the following purposes: 1) To purchase cameras and other equipment for use in connection with the South Bend Police Department's law enforcement recording program; 2) For training concerning law enforcement recording; or 3) To defray the expenses of storing, producing, and copying law enforcement recordings. Money from a fee described in this subsection, together with all interest earned on the monies deposited in said fund is to be retained therein and does not revert to the general fund at the end of the fiscal year. Page 2 of 3 h) Any fee collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. Capital Fund for capital purchases and leases of E.M.S. equipment, firefighting equipment, and fire station repairs as further addressed in Section 9- 17 of the South Bend Municipal Code. Ord. No. 9092-00, § I; Ord. No. 9510-04, §§ I, II; Ord. No. 9568-05, § I; Ord. No 9677-06, § I, 5-22-06; Ord. No. 9780-07, § I, 8-27-07; Ord. No. 9880-08, § I, 11-10-08) SECTION II. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared. SECTION III. This Ordinance shall be effective January 1, 2026. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Page 3 of 3 Filed in Clerk's Office JUL082025 Bianca Tirado City Clerk, South Bend, IN Fee Schedule The following reasonable fees are established,to be paid by the requesting party not later than the delivery time of each of these services or each of these documents described: 1) Each page of any document which is a public record under I.C.5-14-3-2 which is not excepted from disclosure. a. Noncolor photocopy 0.10 b. Color photocopy 0.25 2) Motor vehicle accident reports 8.00 3) Police summary report(a form of report which does not exist as a record prior to public request and is not explicitly mentioned in this section): a. Victim 5.00 b. All others 8.00 4) Police Department crime statistic compilation (a form of report which does exist as a public record prior to public request)8.00 5) Audio tapes or CDs, per item: a. Those reproduced by the City of South Bend 10.00 b. Those requiring outside resources(plus outside costs)2.00 6) Photographs: a. Those reproduced by the City of South Bend from its negatives(no larger than 8"x 10")by laser 1.00 b. Those reproduced by the City of South Bend using color sub-dye print method 5.00 c. Enlargement of Polaroid or reproductions requiring outside resources(plus outside cost)2.00 7) Fingerprinting an individual(per card) 10.00 8) Fire Investigation reports 25.00 9) Blueprints, per page 6.00 10) Videotapes or DVD, per item: a. Those reproduced by the City of South Bend 10.00 b. Those requiring outside resources(plus outside costs)2.00 11) Law enforcement recordings: a. May be charged$50.00 per hour, up to$150.00 per recording, based on actual time spent to search, log,download, review, upload,edit/redact and process each video associated with the incident requested. (i.e.,if the request includes two recordings,total cost may be up to$300.00). Data discs, per disc 3.00 12) Maps, per square foot of paper 1.00 13) EMS report 15.00 14) Motor or recreational vehicle inspection and rebuilt salvage inspection: a. Occurring at the Police station 5.00 Page 1 of 2 b. Vehicle inspection occurring away from the Police station 15.00 c. Rebuilt salvage inspection occurring away from the Police station 50.00 15) Limited criminal history reports a. Request from the subject for a copy of his/her limited criminal history 7.00 b. Copy of limited criminal history on another person 7.00 However such requests shall be provided free if mandated by I.C. 10-13-3. 16) Providing materials other than public records request 10.00 Unless described in other specific categories: Per page(non-color)0.25 Per page(color)0.50 Per tape 15.00 For first photograph 15.00 For all others 5.00 17) Requested mailing of public records: a.Standard business size or smaller envelope 2.00 b. Manila envelope 9"x 12"or larger 3.00 c. Package 5.00 18) CPAT testing offered to other Fire Departments: a. Set up and break down costs 700.00 b. Training session conducted by SBFD 350.00 c. Testing conducted by SBFD(per applicant)45.00 19) Processing fee for Police Department towing process fees 10.00 20) No trespass signs: 5.00 21) If an individual wishes to have any records certified by the City Clerk or any employee of the City of South Bend,there shall be a five dollar($5.00)charge for the certification in addition to the charges,if any,set forth above. Page 2 of 2 Filed in Clerk's Office JUL G8 2025 Bianca Tirado City Clerk, South Bend, IN BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS STATEMENT OF PURPOSE AND INTENT Section 2-210 of the South Bend Municipal Code provides the regulations governing the fees for delivery of documents requested through the Access to Public Records Act,as well as fees for specific public safety services. The proposed ordinance provides key updates to this Section,including a revision to shift the list of specific fees to a fee schedule from the Municipal Code, which will assist with the process for requesting future revisions from the Common Council. The proposed ordinance also includes an update to include a provision, consistent with Indiana law, that no fee shall be charged for electronic transmission of records in most circumstances,unless specified by state law or court order. The proposed ordinance clarifies the language regarding certification of records and clarifies the appropriate processing of fees for certification. The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e)that prohibits the use of certain requests for information from an electronic data storage system for commercial purposes. The proposed ordinance,together with the fee schedule,incorporates updates permitted by Indiana Code 5-I4-3-8(g)(1)to permit charging for the direct costs of producing law enforcement recordings,which includes the significant time spent in reviewing and redacting law enforcement recordings consistent with the requirements of the Access to Public Records Act prior to delivery. Review and redaction of law enforcement recordings represent a significant proportion of the time spent responding to public record requests, and adopting the charges permitted by Indiana law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance. The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(I) for the expenditures that may be funded with fees collected for the production of a law enforcement recording. This ordinance amendment is necessary for the effective, efficient administration of the Access to Public Records Act process. This ordinance is in the best interest of the City and its residents. Page 1 of S NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. Section 2-210 of the South Bend Municipal Code shall be amended as follows: Sec.2-210.Generally. a) The Common Council shall adopt by Ordinance a fee schedule establishing reasonable fees for delivery of documents delivered as public records under I.C.5-14-3-2 and providing of specified public safety services. to be paid by the requesting party not later than the time of delivery of each of these services or each-of these-records documents-described,_The fee schedule may be accessed on the C'itv's vebsite or upon in person reuucst. ublic record wader I.C. 5 14 3 2 which is not • Formatted:List 1 b. Color photo copy 0.25 a. Victim5.00 5) Audio tapes or CDs,per item: t 40-12-hetegtoplis faser l-.00 cost 12_.00 8) Arson rcports25.00 10) Videotapes or DVD.per item: J ob..the Ci.. fSouth n al0 00a. 1dSC reprodtl Ec" —nrc-crro-vvanrocrrar.vw Page 2 of S 1+,---4:hese--r-eqtttFif)g-atttsitle-r-este-eor,ts-)2,08 I I)Data discs,per disc3.00 13)EMS report l 5.00 b. Vehicle inspection occur ng a vay om-th lrce stat;on30.000 However stteh request shall be-provided treeit',:tandate421-byI C. 10 12 3. Per page°.10 Per tapel5.00 For-41-41ler-s.5400 b. Manila envelope 9"x 12"or larger3.00 u.,cl...ge:00 t a. Yearl handgun liven a-ap icatioon 0.00 40.!`PAT• of e_ed r oth,_1.i_e D.p a. Set and-break down-eosts70. 'trt.00 gs .. 22)No trespass signs: Page 3 of 5 b.Each laminated 1 I"x 22"6.00 b) No fee shall be charged for inspection of the public records indicated above where a cops'is not provided or for electronic copies of records provided by electronic mail,except where a certification.copying.or search fee is specified by statute or by court order. c) Where documents in any one f I I request exceed ten i I I0I paces and for requests of item.;(21 through(125),inclusive.theThe City may shall require payment by the purchaser in advance of the City's production of the record. de) addition ''' cha "fort" the a The additional charge for certification shall he deposited into the same fund as the fees collected for the copies of records. e) A person who receives information from an electronic data storage system as described in Indiana Code 5-14-3-3(d)may not use the information for commercial purposes,including to sell.advertise,or solicit the purchase of merchandise,goods,or services.or sell,loan. give away,or otherwise deliver the information obtained by the request to any other person for these purposes.Use of the information for the preparation or publication of news,for nonprofit activities,or for academic research is not prohibited. A person who uses such information contrary to this subsection may be prohibited by the C'it\ from obtaining further records under Indiana Code 5-14-3-3(d). Id) Any fees collected pursuant to this section by the South Bend Police Department,other than for law enforcement recordings.shall be deposited into the law enforcement continuing education fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. g) Any fees collected for law enforcement recordings by the South Bend Police Department shall be deposited into the law enforcement continuing education fund and used for one(I) or more of the following purposes: 1) To purchase cameras and other equipment for use in connection with the South • (Formatted:Indent Left 0.33",Hanging: 0.67" Bend Police Department's law enforcement recording program: 2) For training concerning law enforcement recording:or 3) To defray the expenses of storing.producing.and copying law enforcement recordings. Money from a fee described in this subsection,together with all interest earned on the monies deposited in said fund is to be retained therein and does not revert to the general fund at the end of the fiscal year. he) Any fee collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S.Capital Fund for capital purchases and leases of E.M.S. equipment,firefighting equipment,and fire station ion repairs as further addressed in Section 9-17 of the South Bend Municipal Code. Page 4 of 5 Ord.No.9092-00,§I;Ord.No.9510-04,§§I,II;Ord.No.9568-05,§I;Ord.No 9677-06,§I, 5-22-06;Ord.No.9780-07,§I,8-27-07;Ord.No.9880-08,§I, 11-10-08) SECTION II. If any section,subsection,sentence,clause,or phrase of this Ordinance is,for any reason,declared to be unconstitutional or invalid,such decision shall not affect the validity of the Ordinance as a whole,or any part thereof,other than the part so declared. SECTION III.This Ordinance shall be effective January 1,2026. Canneth Lee,Council President South Bend Common Council Attest: Bianca Tirado City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana,on the day of 2025, at o'clock .m. Bianca Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2025,at_o'clock m. James Mueller,Mayor City of South Bend Page 5 of 5 Filed in Clerk's Office AuYv U 6 2025 Bianca Tirado City of South Bend - Bill 43-25 FAQs City Clerk, South Bend, IN What is this bill about? This bill is about a few different things,including body camera videos—the ones that police officers take when they're doing their jobs.These videos can help show what really happened during police calls. What Happens When Someone Asks for a Police Video? When someone(like a lawyer,a news reporter,or a regular person) asks for a copy of a police video,the City has to: Find the videos the person wants Watch the whole video Blur out people's private information,children's faces,or other private things Make sure it's okay to share This takes a lot of time—sometimes hours and hours! Sometimes people want all of the police videos,and sometimes their questions can be answered by one or two videos.The City wants to help people decide if they want all of the videos,or if they want to narrow down their request.Right now,requests for all of the videos can include a lot of videos,and they may take a long time to review. What Does Bill 43-25 Say? If someone wants a copy of the video to take home or use,they might need to help pay for the time it takes to get it ready. The cost is$50 per hour for the work But no one has to pay more than$150 total for a video If you just want to watch the video at City Hall,it's free What Kinds of Videos Does Bill 43-25 Apply To? Bill 43-25 applies to"law enforcement recordings" Law enforcement recordings"are videos of police activity captured by certain devices It includes cameras that are worn by police or attached to their vehicles provided to or used by police in the scope of their duties When are Videos Created? Videos are created when the police body cameras or motor vehicle recordings either start automatically or are turned on manually Body camera videos are activated upon entering the area the officer was dispatched to, when the vehicle door opens,speed,emergency light activation,or manually Motor vehicle recording videos are activated by speed,emergency light activation,or manually-It also includes cameras that are worn by police or attached to their vehicles Who Still Gets Videos Without Paying for the Work to Review Them? Some people can still get videos without paying for the work to review them,like: People who are part of a criminal court case,when they use the court process to get videos People (or their attorneys)who are part of a civil court case,when they use a subpoena to get videos People watching video through the Civilian Police Review Board or other groups like the Family Justice Center, Internal Affairs,or the Prosecutor's Office People who were involved with the video who come in just to watch (not take a copy) What is a "Requestor"? A"requestor" is a person who was involved with a video in some way This includes a person who was in the video It also includes someone whose property was shown on the video,if the video shows inside the property It also includes victims of crime,injury,or property damage if the video shows what happened to them Why Is This Rule Important? It helps the City save time and money It keeps things fair so lawyers and businesses don't get free work that costs the public It still makes sure people can see what really happened when they need to In Plain Words: This bill says: If you want to take a copy of a police video,and it takes a lot of work to get it ready,you might have to help pay for it. But if you just want to watch it or you really need it for a good reason,you can still get it free. That way,the City can keep helping everyone—and keep things fair. City of South Bend BOARD OF ZONING APPEALS July 9, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Use Variance at 221 N Ironwood Dr Dear Committee Chair Dr. Davis: Filed in Clerk's Office J 1 L 1 7 2W'5 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Use Variance at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 28, 2025 Council meeting and set it for public hearing at your August 11, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the August 4, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: To allow Personal Care & Services (Beauty Shop) {21-06.01{k}{13}} as a Home Occupation {21-06.02{!) {12}in Urban Neighborhood 1 (Ul}. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 44-25 Filed in Clerk's Office BILL NO. 44"25 JUL7 2025 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 221 N IRONWOOD DR COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Use Variance to allow Personal Care&Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation(21-06.02(f)(12)in Urban Neighborhood 1 (U1) NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION 1. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Use Variance be granted for property located at: 221 N IRONWOOD DR.018-5051-1836 221 N IRONWOOD DR.018-5051-1829 In order to allow Personal Care& Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation(21-06.02(f)(12)in Urban Neighborhood 1 (UI) SECTION II.Following a presentation by the Petitioner,and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III.As to the Use Variance,The Common Council of the City of South Bend, Indiana.hereby finds 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 lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variance is sought;and 4. The approval does not interfere substantially with the Comprehensive Plan. SECTION IV.Approval is subject to the Petitioner complying with the reasonable conditions,if any,established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor.and legal publication,and full execution of any conditions or Commitments placed upon the approval. Canneth Lee,Council President South Bend Common Council Attest: Bianca Tirado.City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock .m. Bianca Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2025,at o'clock m. James Mueller.Mayor City of South Bend, Indiana 2- z27 W. Jefferson - Suite 1400S City of South Bend South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information O l - 5 OS 1 - ) 3 4, Tax Key Ntlrfber: 7 - C 1 ` c O o 000 —o c.Q Address: 1.NN77 I k)• [ QCWW. C - C 41 -Rol Owner: ef),,r 10 Zoning: Choose the current district 1 t73 Project Summary: Wk. la 5 d, on pro Con n bu \v\sl,Dp, Requested Action Special Exception/ Use Variance - complete and attach Criteria for Decision Making Use requested: t' Ck( v)eci.t,': j En_AC-4\f Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office 1 7 2025 Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) E Site Plan drawn to scale Filing Fee Contact Information Property owner(s) of the petition site:: Name: U tArr,li .1 14GM( I TOl l Address: A (hr, J Jc0o(5N a v urzx V\ Rend 7 Name: Ac',Clw W JL1lta Address: i 3 l k1 4Pakarti Dv, NY I (> (mil { 4`J [(i( (5 Name: Address: Contact Person: IIName: (_cor -U C1(j\A vA Address: U \ wO \m k &i c , -Ben 1 pi lUW (S x r Phone Number: 7 L( ^ /J— C9 E-mail Cr)R WL--e. WA--) MC 9.If ` -0071/1 By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: C\d, Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: ,1 npc,t , e .t,( t( GIoak_ biOl4y1.4iz CQ`4( ( e,(r1 C(i IA9 ry fltYlft.Q1' af C Ica co cl.rSYUptcO1'U c(d 1 p(or biocl anl.Ck C 0A0 Nd vlc r mev( Ghml`CuiS isa u `C1 is 3-tat\cfatcW617 vensakii 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, because: it a nc`ryv.\ 6 z5W nfcuQ. Sr rceur , s ovvL Cc om._ Sep U'CQ Min( mi -S -\ac '1c a c ((Yr p iLn 010ReY f t,J A avtC& ar_e_ vvl p _JecA. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: ` A CO rcc __ n 1)ackfL Sc ark/vCk c Y' c c cow a cQ r ouSt \1 4)The variance granted is the minimum necessary, because: t t u X t Us- arQC-Nr€_ Ct-yrc Wco'l c r\ oi'( a{ pro prr CaZ, bcce_K5 cutouL i3tra f6s,cipak 5) The variance does not correct a hardship caused by a former or current owner of the property, because: c i,t C' (S CU r f'.lil/ b(u3t6 Co Ck,e7r(Ale. -2cyv reigeesz- re s , C 1 \ V 14 T1\Q_ 2,0n cfl ark- nc4 CCO IQ 11S Brylc l ScaltprooncLQoQScE1,-A-, Criteria for Decision Making Special Exception -if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: 14 f( ( fa e: C C CI CL PreCelOtcl: CUOCA buN( rave cW qvird 1eCca eilecAAkcis oc ion b(9 vvs2ds j0 harrAcct Ci nn(CdS u3<<( C&- s u- 1441442) The proposed use wilt not injure or adversely affect the use of the adjacent or property values therein, because: i 4 prceS5(OV L COrS-f r occ( avoot9 b(nc)0 l•((c A 1.1.e( 901x-vitmf t w U laizAn fUis-e.j po (Cu-hoh M03--y-uc)-kowc 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: ! cto obv;ouS bus( R,QAA Trorvk grect(-- a t Sit insrok wua, prop-erki ((cam 4) The proposed use isllcompatible with the recommendations the Comprehensive Plan, because: 1 l o vv_ bcka `_ _ s ca4 lag "`,or 6 od' runs oq S(rC& gPlyin /(m - LQo aid q-hJ p1't1X'S (A (ov/ (CA(rtc C ,(( orG u 1,-cC(c U r i n ( C hc1,17N. o 44\3, are 11. 4.,,...,4 - if,,,,, - 47 16 z 3O;2 ire 4 X i g a L t g ... . „,__,,„..-.. . .„ _„ 4 HOUS 53_91 I- 9 =.- R err r I t of South Bend County-City Building y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 Filed in Clerk's Office August 5,2025 U 5 2025 Common Council of South Bend 227 W.Jefferson Blvd,4th Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: 44-25:The petition of HAMILTON CARLEY J seeking a Use Variance for the use of Personal Care Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation (21-06.02(0(12))in Urban Neighborhood 1 (U1) at the property located at 221 N IRONWOOD DR. Dear Council Members: I hereby Certify that the above referenced petition of HAMILTON CARLEY J was legally advertised on July 23,2025 and that the South Bend Board of Zoning Appeals at its public hearing on August 4,2025 took the following action: Upon a motion by Francisco Fotia,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by HAMILTON CARLEY J seeking a Use Variance for the use of Personal Care Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation(21-06.02(f)(12))at the property located at 221 N IRONWOOD DR,City of South Bend, is sent to the Common Council with a favorable recommendation,and will issue written Findings of Fact. The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, CrA Timothy P Staub Zoning Specialist Attachment CC: HAMILTON CARLEY J Building Department Bob Palmer Staff Report— BZA#0341-25 August 4, 2025 Property Information Location: 221 N IRONWOOD DR and 221 N IRONWOOD DR Owner: HAMILTON CARLEY J Project Summary The petitioner intends to have a nail salon home occupation under the standards for Home Occupations found in 21-06.02(f)(12)(A). Requested Action Variance(s): to permit Personal Care & Services (Beauty Shop) (21-06.01(k)(13)) as a Home Occupation (21-06.02(f)(12)) in Urban Neighborhood 1 (U1) Site Location a..- ., . MC KINLLY HlI Y ^" "4 •7' M NLE HWY arty._y r i_;- '. 1 . vilm.INI rr r :0 7. Amn, ,, ,,_ , T ' I ij— ` al 'CLUB DR a ,,;:-dam' ,-—v 2f ...... - — V ~s; 41 - y am'. 0 ri.... i;,,,,,v,. (.7.--,„ 2 - ____,,__._ 4 Ir g ; :as ;I.._ Y r_ _._ > . I r- gffinga . K r • 1 - i 4 ' T' a ' I Er54,,. n*r. f r, a . f i,a .°rM F ,...i. _,t- E COLFAX AVE F S I f4ic )Nam/ 9 1 1 UR T4 J F` i 1- face .I Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. Filed in Clerk's Office SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 1.+.. u 5 2025 Bianca Tirado City Clerk, South Bend, IN Staff Report— BZA#0341-25 August 4, 2025 Proposed Site Plan IIIIIIIIIIIIIPIIIIIIIIIIIIIIIIIIM 1 IV r f A. I. CO mob O N , O cricr, x d C 4:,. 4. u) t : , Lii at a, R.1. m Q1) ak I SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report— BZA#0341-25 August 4, 2025 Criteria for Decision Making:Variance(s) State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The use will be a personal services location serving one customer at a time under the standards set forth by the Home Occupations accessory use standards. 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 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The applicant intends to establish the use in an accessory structure within zoning standards. The foot traffic and activity related to this use should not result in negative impacts to the area. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the terms of this Chapter would make it impossible for this use to be on this property. Beauty shops are banned as a home occupation in the code along with barber shops. The twelve standards applied to all home occupation accessory uses would mitigate any potential nuisance associated with the beauty shop home occupation use. 4) The variance granted is the minimum necessary The variance granted is the minimum necessary. This is only a use variance, not a variance to construct anything else that would be generally viewed as a commercial building or site improvements expanding the use beyond the standards for home occupations. 5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted does not correct a hardship caused by a former or current owner of the property. The hardship is created by the existing code which explicitly limits specific common neighborhood uses like barbershops, photography studios, and and exercise studios from being established accessory to residential uses. Analysis & Recommendation Analysis: The existing standards for Home Occupations are strong enough to curtail any nuisances that may be associated with this use variance, particularly how clients are limited to one at a time and any space it is housed in must appear residential in nature. Additionally, the use is proposed along a major street that features more intense commercial uses nearby. If the petitioner is successful, and more business comes, the operation will likely seek a larger, commercially zoned space. Sol:Ttl 131 D BOARD OF ZONING APPEALS pare 3 „I.4 Staff Report— RZ.A#0341-25 August 4, 2025 Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 August 6, 2025 Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 4660 l RE: Bill# Dear Committee Chair Davis: Filed in Clerk's Office , s u • 2n25 Bianca Tirado City Clerk, South Bend, IN Please find attached a proposed Ordinance which will adjust the boundaries of the historic landmark surrounding the Jefferson School building. The original landmark ordinance was intended to protect the historic school building but, because the property description used in the landmark ordinance included the entire 19.96 acre parcel upon which many other structures and property are also located, it swept into landmark status School Field, the school's maintenance l;milding, and other areas which are beyond the intended scope of the landmark. The proposed Ordinance will adjust the boundaries of the landmark so that the historic Jefferson School building continues to enjoy the protection of landmark status, while permitting the South Bend Community School Corporation to manage the balance of the property as they deem best for their students and the community. Please include this proposed Ordinance for first reading and referral to the Historic Preservation Commission on your August 11 th 2025 Council meeting, and set it for public hearing at your August 25 th 2025 meeting. The Historic Preservation Commission intends to hear this petition at its August 18 th 2025 meeting, and will forward its recommendation to the City Clerk immediately following the hearing. If you have any questions, please feel free to contact our office. Very truly yours, Tim Corcoran, Chief Planner Department of Community Investment 48-25 Filed in Clerk's Office BILL NO. 48-25 iJ J 1i15 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE HISTORIC LANDMARK DESIGNATION AT 528 SOUTH EDDY STREET, LOCATED WITHIN THE CITY OF SOUTH BEND, INDIANA WHEREAS, in February of 2000, this body enacted Ordinance No. 9989-00, which designated a parcel located at 528 South Eddy Street as a historic landmark, due to the presence of the three story, brick, neoclassical Jefferson School building, which structure is of historic importance to the City and its heritage, and whose architecture, materials, and craftsmanship are exemplary in design and execution; WHEREAS, the description of the landmark used in Ordinance 9989-00 resulted in the entire 19.96 acre parcel located at 528 South Eddy Street, containing School Field, a concession stand, a maintenance building, and other appurtenant land, in addition to the Jefferson School building, being designated as part of the historic landmark; WHEREAS, it is clear from the record that the intent of the landmark designation was to protect the Jefferson School building, as this is the only structure and/or historically notable item mentioned in the legislative history supporting the landmark designation; and WHEREAS, it is desirable to more narrowly tailor the landmark designation to continue the preservation of the Jefferson School, while removing restrictions upon the remainder of the property so that the South Bend Community School Corporation may maintain, upgrade, and alter the remainder of the buildings and property as they deem best to serve the needs of their students and the community at large. NOW, THEREFORE, BE IT ORDIAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section 1. Ordinance 9989-00 is hereby amended so that the building known as the Jefferson Traditional School building located at 528 South Eddy Street in South Bend, and the land directly in front thereof, from the building to the right of way, as described in the following legal description: A PART OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH, COUNTY, INDIANA BEING DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SOUTH STREET AND THE EASTERLY RIGHT-OF-WAY LINE OF EDDY STREET; THENCE ALONG THE EASTERLY APPARENT RIGHT-OF-WAY LINE OF SAID EDDY STREET FOR THE NEXT TWO(2)COURSES;THENCE N. 00°34'54" W., A DISTANCE OF 250.00 FEET AND THENCE N. 06°47'39"W.,A DISTANCE OF 145.75 FEET;THENCE N.89°29'10" E., A DISTANCE OF 390.78 FEET;THENCE S.00°34'51"E.,A DISTANCE OF 394.90 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID SOUTH STREET; THENCE S. 89°26'40" W. ALONG SAID NORTH LINE, A DISTANCE OF 375.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3.42 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. shall continue to be designated a historic landmark as originally established in Ordinance 9989-00. Section 2. Ordinance 9989-00 is additionally amended so that the balance of the parcel at 528 Eddy Street not described in Section 1 above shall be removed from the historic landmark designation. Section 3. This Ordinance shall take effect upon its adoption by the Common Council, signature by the Mayor, and any publication required by law. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o' clock_. m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o' clock m. James Mueller, Mayor City of South Bend, Indiana