HomeMy WebLinkAbout06-10-13 Council Agenda & Packet AMENDED AGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, JUNE 10, 2013 7: 00 P.M.
1 . INVOCATION - REV. SYLVESTER WILLIAMS
2 . PLEDGE TO THE FLAG
3 . ROLL CALL
4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES
5 . SPECIAL BUSINESS
13-37 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL
ESTABLISHING THE 8T' ANNUAL NATIONAL DUMP THE PUMP
DAY ON THURSDAY, JUNE 20, 2013, IN SOUTH BEND,
INDIANA
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION
WILL BE MIKE SCHMUHL - CHIEF OF STAFF
G. REPORTS OF CITY OFFICES
7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
11-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 3801 WESTERN AVENUE,
COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH
BEND, INDIANA
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 COMMON COUNCIL 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
8 . BILLS, THIRD READING TIME;
BILL NO.
1113 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 3801 WESTERN AVENUE,
COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH
BEND, INDIANA
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
9. RESOLUTIONS
BILL NO.
13-38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SUPPORTING THE GREEN ROOF
INITIATIVE FOR THE CENTURY CENTER
13-39 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RECOMMENDING THAT THE CITY
ENTER INTO A PUBLIC/PRIVATE PARTNERSHIP AGREEMENT
ADDRESSING THE POTAWATOMI Z0O
10. BILLS, FIRST READING
BILL NO.
26-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5
PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 21-05
PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE
CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES
TO APPROVED SITE PLANS AND REMOVING TIME LIMITS
TO OBTAIN SECONDARY APPROVAL
27-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING
PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST
EAST/WEST ALLEY SOUTH OF DONMOYER AVENUE FROM THE
WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND
EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40
FEET AND A WIDTH OF 16 FEET
28-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION
OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND
AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND
CODE VIOLATIONS
29-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
19, ARTICLE 61, SECTION 19-61 (a) OF THE SOUTH
BEND MUNICIPAL CODE AS TO LIMITED SALE OF
ALCOHOLIC BEVERAGES IN PUBLIC PARKS
11. UNFINISHED BUSINESS
A. REPORTS FROM AREA PLAN COMMISSION
1. BILL 16-13 - REZONING 3529 & 3527 WESTERN 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.
3 -3
RESOLUTION NO.
A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL ESTABLISHING THE 8th ANNUAL
NATIONAL DUMP THE PUMP DAY ON THURSDAY JUNE 20 2013 IN SOUTH BEND INDIANA
June 20, 2013 marks the 8"' annual National Dump the Pump Day as a day that encourages
people to ride public transportation to save money, protect the environment, reduce our dependence on foreign
oil, and improve the quality of life for all Americans; and
people who ride public transportation can save, on average, more than $9,700 per year, based
on today's gas prices,the cost of owning a car and the average unreserved parking rate; and
for every$1 invested in public transportation, $4 is generated in economic returns; and
U.S. public transportation usage reduces the country's carbon footprint by 37 million metric
tons—which is the equivalent to New York City; Washington, DC; Atlanta; Denver; and Los Angeles combined
electrical usage; and
()Xen,<rj, the U.S. public transportation usage saves 4.2 billion gallons of fuel annually; and
r �1��r<raa, public transportation use in 498 urban areas in the United States saved 865 million hours
annually in travel time and 450 million gallons of fuel; and without public transportation, annual congestion
costs would have risen by nearly$21 billion from $121 to $142 billion.
19f "e,iI i��r/�ri//�de" F,.'w/ww i/J
Section J. The South Bend Common Council hereby declares Thursday, June 20, 2013, as "NATIONAL
DUMP THE PUMP DAY"in South Bend, and we join with public transportation agencies across the country in
participating in the 8th annual National Dump the Pump Day to encourage transit ridership.
Section II. The South Bend Common Council notes that by using public transportation people save money;
help the environment; reduce dependence on foreign oil; and improve America's quality of life.
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.
Oliver J, Davis, 6 Dis ' t Council Member
da,Y 20/3
John Voorde, City Clerk Pete Buttigieg, Mayor of South Bend
Ely
Filed in' -- Off Ice
C ITY CL4E R K,& Ejqt)
A IN
$�()VT
City of t erg
�I '! a
Common ouncil
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1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
Derek D. Dieter
http://www.southbendin.gov
President
Oliver J. Davis June 3,2013
Vice-President
Karen L. White Members of the Common Council
Chairperson, Committee 4th Floor County City Building
of the Whole South Bend, Indiana 46601
Tire Scott Re: 8b Annual National Dump the Pump Day
First District
Henry Davis, Jr, Dear Council Members:
Second District As one of your representatives on the South Bend Public Transportation Corporation
Valerie Schey (TRANSPO), I have been asked by the TRANSPO General Manager to sponsor the
Third District attached Resolution.
Fred Ferlic The 8`h Annual National Dump the Pump Day will be Thursday, June 20, 2013, in
Fourth District communities across the country. It is a day where everyone is encourage to ride public
transportation as a way to save money, protect our environment, reduce our dependence
David Varner
Fifth District on foreign oil imports, and improve the quality of life.
Oliver J. Davis I urge you to join with me in adopting the attached Resolution which would formally
Sixth District declare Thursday, June 20th as "National Dump the Pump Day" in South Bend, Indiana.
Derek D. Dieter Thank you.
At Large
r
Gavin Ferlic
At Large
Karen L. White q er J. Davis
At Large 6`h District Council Member
South Bend Common Council
Attachment
Films i
17Y C
F
s
JOHN 1N BYORN1
III - EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION Oar ST. JOSEPH COUNTY. IN
227 W.JEFFERSON BLVD. ROOM f 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46600 (574) 235-9571
Wednesday, May 22,2013
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, TN 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 Harjinder 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,
k,kdin W. o
B mi
Y
Attachment
CC Parwinder Kaur& Singh Harjinder
Barbara Dockery
Attorney Anthony Zappia
SEP aS-Hf F'V 5kRUtJ5t5g;OUTH BEND,LAKEVILLE,NEW CARLISLE.NORTH LIBERTY,OSCEOLA&ROSELAND
w -stjosephcountyindlana.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 Fancily 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 I7%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 reap 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 Report 5/9/2013
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:
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 Iocate 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 5/9/2013
5. Responsible Development And Growth:
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 I 1 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 facade 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-I3 Page 4 of
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.
SLeciai_Exception /SMcial„Use
A special use may only be granted upon making a written determination 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.
� F2 F� F'1 SF F2
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0 Western
6
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LB RUIU LB f46
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F2 F"2 F2 F2 5 . SF2 F2 F2
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Rezoning from:
111MU" MINCED USE DISTRICT
to "LB" LOCAL BUSINESS DISTRICT
ZONING CLASSIFICATION N
SOUTH BEND °SF2"SING LE F}-MILYAND TWO FAMILY DISTRICT
SOUTH BENZ? "It F9'UR13AN CORRIDOR 1.1 U LTI FAM ILY D ISTR ICT W+E
SOUTH BEND 'MU'MIXED USE DISTRICT 8
SOUTH BEND °LO"LOCAL BUSINESS DISTRICT 1 inch ' 145 feet
SOUTH BEND "CB"COMMUNITYBUSINESSDISTRICT
SOUTH BEND "GB" GENERAL BUSINESS DISTRICT 2670®1
Page 1 of 1
Christa Nayder-concern Home Owner- rezoning in my area
From: Timothy Bond <bondtim @att.net> j J
To: <cnayder(a cost joseph.in.us>
Date: 5/19/2013 7:10 PM
Subject: concem Hoare 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 I am writing once again to express my
opinion about a rezoning issue being proposed at 3529 and 3527 Western Avenue. I 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
1:1,..I1!".4 T'1.......„�.....+,. ,....,] C+..u:...,_..1,......_,.1,...47 ,.....1 O..u.-......1T,......,.1 V}7.....�..,:.,,.1C I nAl'2 AIVTr" C1"1AMA1I
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& Sl/2 Vac Alley
LaSalle Park
Be and the same hereby established as CB—Community Business District.
SECTION Il. 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 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
ice
Filed
1 st READING
PU3LIC HEARING
3 rd RFA171NG CITY LFIRK,40UTk OF-MOO 11N
NOT APPROYEG
REFERRED
PASSED.
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 flan Commission to grant the following variance(s):
I) 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 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 a]I properties within 300 feet of
the petition property;
(c) I7 site plans;and
(d)addressed,stamped envelopes for all property owners within 300 feet of the petition property.
PETITION PREPARED BY: Signa r (s)of I P operty owner(s)or signature of Attorney for all
prop Owner ):
Jose Luis Consuelo
3817 W Western Ave
l
South Bend, IN 46619
(574)386-5583
CONTACT PERSON:(if different) '� z , 7
Filed Fn G:-w 4 li
R
A R
JOHN VoOr"
CITY r{ya.rRK,SOUS Y"f BE No,IN
�f
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 61St 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 of 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
I. 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 tali 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 T 1 herein,
and/or has been issued letters by the Code Enforcement Department as
further addressed in T 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. 13157 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 ;
3. 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
2 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 Re eat 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 §36-1-3-5 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.
See. 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 fall 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, 15t District Council Member
South Bend Common Council
K en L. Whiteat Large
ouch Bend Co on Council
erek D. Dieter, Council Mom er at Large
South Bend Common Council
;�itest:
John Voorde, City Clerk
Chronic Problem Properties Regulations Ordinance
Page 8
,(VAed by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2013, at o'clock . m.
Janice Talboom, Deputy Clerk
x°uPd and drug by me on the day of 2013, at
o'clock .m.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
PU UC Hill"ArNNG j
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J(d ILL,6.Di�IG
Nl:OT APPROV D _..... ,
REFEP,RED bi 1 7 Ga [t
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PASSED
OUT
I j
iirr ii � City of South Bend
Common Council
r
1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
http://www.southbendirLgov
Derek D. Dieter
Presider t
Oliver J. Davis
Vice-President March 4, 2013
Karen L. White Members of the Common Council
Chairperson, Committee 4h Floor County-City Building
of the Whole South Bend, Indiana 46601
Tire Scott
First District Re: Chronic Problem Property Ordinance
Henry Davis, Jr. Dear Council Members:
Second District
The short and long term impact of chronic problem properties in the City of South
Valerie Schey Bend jeopardizes needed public services to other parts of the city.
Third District
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.
Most s�
tt,
w tial Neighborhoods C mmittee Chairperson
't_
Karen L. te, Council Member at Large
Health u is Safety mmittee Chairperson
Derek D. Dieter
Council President
2n' SUBSTITUTE BILL NO. I8-I3
ORDINANCE NO.
AN ORDINANCE OF TIME COMMON COUNCIL OF THE CITE'OF SOUTH BEND,
INDIANA,AMENDING CHAP'T'ER 6 OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW SECTIONS 6-6.6, 6-6.7,AND 6-6.8 ADDRESSING SOILS
AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS.
STATEMENT OF PURPOSE AND INTENT
The South Bend 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 water table review would improve the permit review process.
This ordinance has been prepared in the interest of providing another essential tool for the
Building Department. It provides the necessary enabling legislation so that regular, systematic
and routine reviews of water tables are made prior to a permit being issued to build or construct
any new dwelling used primarily for residential purposes within the City of South Bend, Indiana.
This ordinance is believed to be in the best interest of the citizens 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:
See. 6-6.6 Soils & Water Table Review Required as Part of the Permit Process for New
Dwelling(s) and Building(s).
(a) Before a permit is issued to build or construct any new dwelling or building
within the City, the person submitting the application shall review the Indiana Department of
Environmental Management (IDEM) list of sites with significant water withdrawals, or an
equivalent of the IDEM list, to determine the building or dwelling's proximity to such significant
water withdrawal site, defined as ground water withdrawal of 100,000 or more gallons per day.
For purposes of this Section, dwelling or building refers to habitable structures, including single
family dwellings, two family dwellings, multifamily dwellings, hotels, motels, boarding houses,
2°d Substitute Bill No. 18-13
Page 2
lodging houses, bed and breakfasts, and all commercial buildings. The Building Commissioner
for purposes of this Section shall include his/her authorized designee.
(b) Upon the Building Commissioner's review of the applicant's materials required to
be submitted, and if the construction site for the building or dwelling is located within one
quarter (1/4) mile radius around a well head where there exists confirmed operations with
significant ground water withdrawals defined as 100,000 or more gallons per day, with a map
depicting the wells registered to pump over 100,000 gallons per day in the vicinity of South
Bend being maintained in the Building Department. The Building Commissioner shall make as
condition(s) of any permit, which may be granted, any or all 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) A Soils and Water Table Review conducted by a soil engineer,
hydrologist or other person qualified in the study of soils and soil conditions and
registered by the State of Indiana as same which indicate and confirm that:
(i) The soil compressive capacity will support all
imposed loads of the proposed building
(ii) The lowest point of any habitable space or
footing has a minimum of two (2) feet of separation
above the seasonal high water level of any
subterranean aquifer.
(c) The Building Commissioner shall also review as part of the building permit process,
in addition to the requirements set forth in this Chapter, the new building or dwelling's location
on drawings provided by the person applying for a required permit which depict the proposed
construction using the following maps, which may be overlays to the drawings submitted:'
(1) St. Joseph County Soils Map
€ The International Residential Code for One and Two Family Dwellings contains regulations in R401.43 Soil Tests;
R401.5 Compressible or Shifting Soil, R405 concrete or masonry foundations and R406.1 concrete and masonry
foundation damp-proofing which are also enforced as part of the building inspection process.
2"a Substitute Bill No. 18-13
Page 3
(2) Maps depicting wetlands
(3) Maps depicting floodplains and compliance with Sections 6-38 and 6-39
of the South Bend Municipal Code
(4) Maps depicting drainage basins/watersheds.
(d) An"as built" elevation certificate must be submitted to the Building Commissioner.
The certificate must indicate the difference between the lowest level of the foundation and the
seasonal high water level of any subterranean aquifer.
(e) Visual inspection of the damp proofing and drainage the must be approved before
the basement is back-filled and construction continues on the project.
SECTION 11. Chapter 6 of the South Bend Municipal Code is amended by the inclusion
of new Section 6-6.7 in Article II which shall read in its entirety as follows:
Sec. 6-6.7 New Well Requirements and Affected Areas.
(a) Before a new well permit is issued in the City, a Soils and Water Table Review
shall be made to the Director of Public Works per Sec 6-6.6 that also includes an Area of
Influence defined as one quarter(1/4) mile radius around the well head.
(b) Before a sub-division that creates new public streets is made in the City, a Soils
and Water Table Review shall be made to the Executive Director of the Area Plan Commission
per Sec. 6-6.6 for inclusion and approval of the sub-division process. All development within
the approved sub-division shall meet the requirements of Sec. 6-6.6 (c)(d)(e) above.
(c) All property owners within the Area of Influence of any proposed new well shall
be notified within thirty(30) days of any submission to a City entity of an intention to drill.
(d) No new well permit shall be issued within a distance of three thousand feet
(3,000') of any existing production well belonging to the City of South Bend in connection with
the city's water supply.
SECTION III. Chapter 6 of the South Bend Municipal Code is amended by the inclusion
of new Section 6-6.8 in Article 11 which shall read in its entirety as follows:
See. 6-6.8 Required Process When Decommissioning a Water Well.
(a) The St. Joseph County Health Officer and the Director of Public Works shall be
notified at least thirty(30) days prior to the decommissioning of any water well.
(b) Whenever a water well has been improperly decommissioned or discontinued for use
2nd Substitute Bill No. 18-13
Page 4
and does not have formal inactive status, the St. Joseph County Health Officer and the Director
of Public Works shall notify the owner of any costs incurred for such non-compliance, which
such sums being payable in full within thirty(30) days of such notice and itemized billing.
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 July 15,
2013 after passage by the Common Council, approval by the Mayor, and legal publication.
Oliver Davis, 6` District Council Member
Karen L. White, Council Member at Large
Tim Scott, 1 st District Council Member
Derek D. Dieter, Council Mem 4r at Large
Filed IIIkn Office
1s1 PZrADIING ` _ZL-�3
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PLMUC HEARING � f
'3rd READING JC1fr;1 ar; y,:
ynTCLhCNOt APPROVED , . a ,IN
RKERRED ,•n
ly's 4w
City of South e
a
Common Council
1865 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
http:l/vvww.so uthbendin.gov
Derek D. Dieter June 5, 2013
President
Oliver J. Davis The South Bend Common Council
Vice-President 4th Floor County-City Building
South Bend, Indiana 46601
Karen L. White
Chairperson, Committee Re: 2nd Substitute Bill No. 18-13
of the Whole Soils and Water Table Review Regulations
Tim Scott Dear Council Members:
First District
Henry Davis, Jr. The attached 2nd Substitute Bill No. 18-13 sets forth the collaborative efforts of
Second District the legislative and administrative branches of city government working together.
Valerie Schey This Bill provides fair and reasonable regulations which would become part of the
Third District building permit review process July 15th
Fred Ferlic The requirements would:
Fourth District
David Varner + Require an applicant to review the Indiana Department of Environmental
Fifth District Management(IDEM) list of sites with significant water withdrawals
Oliver J. Davis + Authorizes the Building Commissioner to impose conditions on any permit
Sixth District where proposed construction is to take place on sites near where there are
Derek D. Dieter significant water withdrawals
At Large
a Require an applicant to review the St. Joseph County Soils Map, maps
Gavin Ferlic depicting wetlands,maps depicting floodplains and maps depicting drainage
At Large basins/watersheds
Karen L. White ® Set forth new regulations for new wells
At Large
e Set forth new regulations when a water well is decommissioned
So that there can be outreach and educational efforts by the Building Department and the
Department of Public Works,the effective date of the ordinance is proposed to be July 15th.
We are also submitting a copy of the map generated by GIS depicting "Wells Registered to
Pump Over 100,000 Gallons Per Day in the Vicinity of South Bend" which is referenced in the
proposed ordinance.
We seek you support of these proposed regulations which are believed to better protect the
public health and safety of our city.
We look forward to reviewing these regulations in greater detail at next Monday's Public
Works and Property Vacation Committee.
Thanks you.
Most sincerely,
Oliver Davis, 6` District Council Member
Karen L. White, Council Member at Large
Tim Scott, I st District Council Member
Derek D. Dieter, Council Member' at Large
Filed i
X Y z R�
Cffy CLERK,40L44-
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, SUPPORTING THE GREEN ROOF INITIATIVE FOR
THE CENTURY CENTER
the South Bend Common Council recognizes that the Century Center in downtown South
Bend located along the St. Joseph River opened in 1977; and
WL.4 the Common Council further recognizes that the Century Center features over 75,000
square feet of convention space, and other amenities such as the Bendix Theatre, Recital Hail, and Island
Park which is attached to the east-side of the Century Center along the river; and
(*Aaw4 the Common Council has been advised that the Century Center roof above the June
Edwards Wing is in need of repair and replacement; and
*6CwA the Common Council has been further advised that a recent engineering feasibility study
has confirmed that the roof above the June Edwards Wing would support a "vegetated roof system with
limited public access" also known as a"Living Roof'; and
6)h "Living Roofs" offer a viable option for a roof retrofit and provide such benefits as:
doubling the life of a roof; reducing energy consumption; capturing and filtering storm water; and air
purification; and
(} Greening the Bend, Inc. is a non-profit organization which is "dedicated to sustainable
development within the South Bend community" who "seeks to bolster a renaissance in South Bend by
promoting green spaces and human-friendly urban features that protect water and our River as a
precious natural resource....resulting in social, economic, and environmental benefits for the South
Bend area"; and
6)IL=4 Greening the Bend, Inc. has proposed to raise funds through private fund-raising efforts
and grant opportunities to replace the roof at no additional cost to the City of South Bend.
yft�ir�d ffm4 ,fnd�a m as follows:
Section I. The South Bend Common Council supports the project recommended by Greening the
Bend, Inc. to raise funds to replace the existing roof above the June Edwards Wing of the Century
Center with a "Living Roof'. The Council believes that such a project of a citizen group would enhance
civic pride through their engagement, creativity, and hard work.
Section II. The South Bend Common Council believes that such an initiative would bring
together many diverse groups to work together for creative and sustainable solutions.
Century Center Living Roof Resolution
Page 2
Section III. The South Bend Common Council further believes that the proposed "Living Roof'
project would positively contribute to the limitless opportunities for exceptional experiences in
downtown South Bend, and would be in the best interest of upgrading and preserving the Century
Center.
Section IV. The Common Council directs the Office of the City Clerk to transmit a copy of this
Resolution upon its adoption to the Century Center Board of Managers.
Section V.. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Dr. Fred Ferlic
4`h District Council Member
South Bend Common Council
. ,9q0,&a0rW—4�00#AK 2013
John Voorde, City Clerk Pete Buttigieg, Mayor of South Bend
F
'40y3, .pf qo�'I.[?
stir ®f South Bend
�,e Comm®n Council
1865 A 441 County-City Building . 227W Jeffeirson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
http://www.southbendin.gov
Derek D. Dieter
President May 17, 2013\
Oliver J. Davis Members of the Common Council
Vice-President 4a' Floor County-City Building
Karen L. White South Bend, Indiana 46601
Chairperson, Committee
of the Whole Dear Common Council Members:
Tim Scott I am pleased to introduce for your review and unanimous adoption the attached
First District Resolution which calls for a creative and innovation method to replace the roof
above the June Edwards Wing of the Century Center.
Henry Davis, Jr.
Second District I have had the pleasure of working with Kathleen Petitjean, MLS, the Executive
Valerie Sch ey Director of Greening the Bend, Inc., a local non-profit organization whose
Third District mission is to raise funds for projects which increase awareness of water as a
natural resource and promote sustainable urban design.
Fred Ferlic
Fourth District As noted in the Resolution, a recent engineering study shows that a"Living Roof'
is feasible as a viable and green alternative for the roof in questions. Greening the
David Varner Bend, Inc. has graciously offered to work to raise funds for this project at no
Fifth District additional cost to the City of South Bend.
Oliver J. Davis I believe that this would be an exciting project for the City of South Bend, and
Sixth District
urge you to show your support by unanimously adopting this Resolution.
Derek D, Dieter
At Large I request that it be sent to the Council's Park Committee for review and
recommendation and heard at the June 10th Common Council meeting. I look
Gavin Ferlic forward to discussing this great project with you at that time. Thank you.
At Large
Karen L. White Most sincerely,
At Large
Dr. Fred Ferlic
4th District Council Member
Attachment M nq
Filed In IMCO
JUN -3 Z 13
CITY CLERK,60U
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF W?MAWATOPU
Y SOUTH BEND, INDIANA, RECOMMENDING THAT THE CITY
ENTER INTO A PUBLIC/PRIVATE PARTNERSHIP AGREEMENT
ADDRESSING THE POTAWATOMI ZOO
the Common Council of the City of South Bend, Indiana, acknowledges that in 1902
the Potawatomi Zoo opened, making it the oldest zoo in the State of Indiana; and
i�Iy�ar�o., the Council further acknowledges that the Potawatomi Zoo features over four hundred
(400) animals on twenty-three (23) acres of land at its location at 500 South Greenlawn Avenue, with a
special emphasis on large cats, primates and Australian animals, with more recent additions including a
North American river otter exhibit; and
the 2012 Parks & Recreation Department's Annual Report notes that in 2012 the
Potawatomi Zoo had seven "significant Species Survival Plan (SSP) births...of these rare births
included: a Diana Monkey, Sichuan Takin, Southern Ground Hornbill, & Red Necked Wallaby
joeys.,."; with 46 new animals being acquired last year which included chimpanzees, a Snow Leopard,
Amur Leopard, & a Red Panda; plus baby goats, ferrets, wallabies & short-tailed opossums; and
.�.;, the 2012 Parks & Recreation Department's Annual Report also reported that total paid
attendance was up last year--rising to 104,013 from 97,684 in 2011; and
the Potawatomi Zoo is accredited by the Association of Zoos and Aquariums, which is
dedicated to the advancement of zoos and public aquariums in the areas of conservation, education,
science and recreation; and facilitates Species Survival Plans and Population Management Plans; and
the May edition 2009 edition of Parents magazine listed Fort Wayne's zoo as one of the
top "Ten Best Zoos for Kids", and noted that it is operated by a private Fort Wayne Zoo Society; and
the Council's Parks, Recreation, Cultural Arts & Entertainment Committee met in the
Council Chambers on May 9, 2013 and heard a detailed presentation from the Zoological Society and
reviewed a 16-slide power-point which provided information on a "Public Private Partnership
Overview"with all of that information being on record in the Office of the City Clerk; and
at the Committee meeting, members of the public had the opportunity to address the
Committee which included two (2) Union Officials, one of which included the Business Agent for
Teamster Local Union No, 364 who represents many of the Potawatomi Zoo City employees who
offered support for this concept so long as employee wages and benefits would not be negatively
impacted; and
Potawatomi Zoo Resolution Supporting a Public Private Partnership
Page 2
�'Al xne,; the Common Council recognizes that a Public Private Partnership between the City of
South Bend and the Potawatomi Zoological Society provides an excellent opportunity for the zoo to
maintain its AZA accreditation; would also enable the establishment of a "best-practices management
model that would be fiscally sustainable" and in the best interests of the City of South Bend, Indiana.
✓Q n d®lBFaW#&4 by the Common Council of the City of South Bend, Indiana, as follows:
Section 1. The Common Council has had the opportunity to review the proposed Public Private
Partnership between the City of South Bend, Indiana and the Potawatomi Zoological Society which the
City Administration has been studying for several months.
Section II. The Council believes that so long as the City employees working at the Potawatomi
Zoo have the opportunity to maintain their salaries and financial benefits, including the opportunity to be
a member of a union, that the projected benefits of such an arrangement would enable the Potawatomi
Zoo to become a world-class zoo which offers exceptional and outstanding experiences to the public, its
animals, and its employees.
Section III . The undersigned members of the Common Council believe that once the conditions
addressing City employees are properly addressed that such a Public Private Partnership would be in the
best interests of the City of South Bend and should become effective January 1, 2014.
Section IV . This Resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor.
Tim Scott, 1St District Oliver J. Davis, Vice-Pres. &,6t District
Henry Davis, Jr., 2" District Derek D..Dieter, President &At Large
Valerie Schey, 3' District Gavin Ferlic, At Large Member
Dr. Fred Ferlic, 4t'District Karen L. White, Com. of Whole Chair
Dr. David A. Varner, 5t' District Kathleen Cekanski-Farrand, Council Att'y
19J&*
John Voorde, City Clerk Pete Buttigieg, Mayor of South Bend
Filed � ,Y r�4r� ff ire
NOT APPROVEd
cirf CLEAK,6CM'.dEND,IN
�! City of South c
\� CA/
Common Council
M
1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
http://www.southbendin.gov
Derek D. Dieter June 3, 2013
President
Oliver J. Davis Members of the Common Council
Vice-President 4h Floor County-City Building
South Bend, Indiana 46601
Karen L. White
Chairperson, Committee Re: Proposed Public Private Partnership
of the Whole
Tian Scott Dear Council Members:
First District
As the Chairperson of the Parks, Recreation, Cultural Arts & Entertainment
Henry Davis, Jr. (PARC) Committee, I am pleased to introduce for your consideration the attached
Second District Resolution.
Valerie Schey The Common Council has had the opportunity to review the documents dealing
Third District with a proposed public private partnership between the City of South Bend and
Fred Ferlic the Potawatomi Zoological Society.
Fourth District
Each of you have further had the chance to evaluate the proposal under a
David Varner cost/benefit analysis. So that there is additional discussion on this important
Fifth District concept, I ask that the Resolution be sent to the PARCS Committee for review
and recommendation on June IO'x'. Thank you.
Oliver J. Davis
Sixth District Sincerely,
Derek D. Dieter
At Large
Henry Davis, Jr., Chairperson
Gavin Ferlic PARCS Committee
At Large 2"d District Council Member
Karen L. White Attachment
At Large
Filed in Ice .---
+..J!5 . 4
rw s�,p..;;-�!I•V.r''�Nye f..
CITY C L;i Rig, ;wt..yf#"'h DEMO,*i
(_�'L 0 �) ' 6-
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT,SECTION 21-05 PLANNED
UNIT DEVELOPMENT DISTRICT,TO REVISE THE CRITERIA USED IN DETERMINING
MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME
LIMITS TO OBTAIN SECONDARY APPROVAL.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City
of South Bend that went into effect on May 7,2004. Now that the ordinance has been in use, it has
been determined that it is desirable to amend Article 5 Planned Unit Development District,to revise
the criteria used in determining major/minor changes to approved site plans and removing time limits
to obtain secondary approval.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as
follows:
Section I. Chapter 21,Zoning, of the South Bend Municipal Code, Article 5, Planned Unit
Development District, Section 21-05 Planned Unit Development, is hereby amended as follows:
(c) Procedure For Approval Of A Planned Unit Development
(5) Secondary Approval
(B)
phases,the petition fer zone map ehange to the PUD Pi-siWet by the Ceinmefl.
approved by the Ceffiffien Gauffeil in eenaec4ieft
_1 be filed far-
,.....ia .1u°vv (.i) r'vuis of uay...uYPYo
4 is not obtained for-all or a peAiefi
above,
shall be deemed to have expired for-tW portion of the PUD 1-hat h
7 eNeept for-the 100atien afid density of
pfopesed land uses depicted on s:ueh preUmin&y pian. Once
PF-6Uminary plan h expired fir a fty r ei4ion of the PUD,
for-a petition f8Fzone map ehange;-and, seee dwy appro ud-, as
required by this Seetio has been .,1.+aine,7
(G)to(B)
to(C)
�E to
($F)to
(G)to(F)
(d) Modification Of Preliminary Plan Or Secondary Approval
Minor modifications to a preliminary plan or secondary approval which has already
received approval from the Area Plan Commission or the Executive Director and
which do not involve: (a) an increase in height, area, bulk or intensity of land uses
unless the Area Board of Zoning Appeals grants a variance for height, area or bulk;
(b)the designation of additional land uses; (c) the reduction in perimeter yards unless
the Area Board of Zoning Appeals grants a variance; (d) an encroachment into any
drainage easement, regulated drain setback or floodplain; (e) the
d e -0 AS; reduction in the amount of parking for any use
below that which is required by Section 21-07.04 of this Ordinance unless the Area
Board of Zoning Appeals grants a variance, may be authorized by the Executive
Director without a public hearing in its continuing administration of the PUD if, in the
determination of the Executive Director, the requested minor modifications do not
adversely impact the purpose or intent of the overall development.
If the Executive Director determines that the proposed modification is of such a nature
as to adversely impact the purpose or intent of the overall development, or if the
proposed modification includes: (a) an increase in height, area,bulk or intensity of
land uses unless the Area Board of Zoning Appeals grants a variance for hei ght, area
or bulk; (b) the designation of additional land uses; (c) the reduction in perimeter yards
unless the Area Board of Zoning Appeals grants a variance; (d)an encroachment into
any drainage easement, regulated drain setback or floodplain; (e)the addition of
reduction in the amount of parking for any use
below that which is required by Section 21-07.04 of this Ordinance unless the Area
Board of Zoning Appeals grants a variance, Petitioner shall be required to file a new
petition for zone map change.
(g) dens
,
ea-use she". in the evefA that the F4ee-u&e Direetor-disallews a requested ,
the petitioner-may appeal said delefminatien to theAj-ea Plan Gqmm�ss-ien within
+6.4ty(0) days of being nefified of stir .determination
aa
(#)to ($)
Section I1. This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
V t,� � &�r
Member of the Common Council
Attest:
City Clerk obi,, i
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 of the City of South Bend, Indiana
F119d h C °,'Jrk'fi OffICS
T p �D�►v� .t® -t 0,A' 2 3 4013
PUBLIC. HTA711�0
3rd P.EADslvG jllm ✓` :3 a
NOT APPROVW Cffy CLEAK,SOUTH SEND,IN
�'%rERt"�ECt
PASSED.
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
EFAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571
May 23, 2013
Derek Dieter, President
South Bend Common Council
Fourth Floor, County-City Building
227 W. Jefferson Blvd,
South Bend, IN 46601
RE: Area Plan Commission Initiated Petition to Amend Provisions of South Bend Zoning
Ordinance that Regulate Planned Unit Developments.
Dear Mr. Dieter:
Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this
ordinance is to make certain amendments to that section of the Zoning Ordinance that regulates
Planned Unit Developments.
The changes, as presently proposed, would remove the time constraints for the submittal of final plans
and clarify that the Executive Director of the Area Plan Commission could allow certain changes if
approved at a public hearing by the Area Board of Zoning Appeals.
I am requesting that the attached ordinance be placed on the .Tune 10, 2013 Council agenda for First
Reading. The Area Plan Commission will hear this ordinance on June 18, 2013.
If you have any questions, please feel free to contact me.
Filed In Clark's office
Sincerely,
bu
MAY 23 2013
hn W. Byorni 0�E
TV CUSAK,SOUTH BEND,IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W.S T J O S£P H C O U N T Y P N DIANA.C O M I A r e a p I a n
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE FIRST EASTIWEST ALLEY
SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF
LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4
FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 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 alley to be vacated is the first East/West Alley South of Donmoyer
Avenue from the West lot line of Lot 4, Forest Hill Addition (on
unrecorded subdivision) and East lot line of said Lot 4 for a distance of 40
feet and a width of 16 feet, 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 right-of-way,
unless such rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected
by such vacating:
Lots 6275, 6274, 6272.09 and 5158
Section IV. The purpose of the vacation of the real property is to provide the
opportunity to include the real property inside the recently purchased lot used for
children's recreation. The adjoining property has a preexisting fence that most naturally
extends through the real property, which is land locked and currently not used. The
extension of the fence line in this way squares out property lines in the most natural and
logical way.
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.
Member of the Common Counlp
Attest:
City Clerk council aGl' ?ca Chia issue,
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
(Filed in lo,,- ` ice
r n, READING �t T t O 3 0 X013
PLfSLIC HEARING
3 rd RU DIi`G
NOT APPROVED WY C J()h LARK,$i pY y,04E IN
REFERRED
PASSED
41
DONMOYER AVE. Jur,rr3��sr
18;7145
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FARNEMAN ST.
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IN
Legal D e s c r i
The alley to be vacated is the first East/Nest alley South
of Donmoyer Avenue from the West lot line of Lot 4, Forest Hill
Addition (an unrecorded subdivision) and the East lot line of
said Lot 4 for a distance of 40 feet and a width of 16 feet,
City of South Bend, Portage Township, St, Joseph County, Indiana.
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE: May 30 2013
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The alley to be vacated is the first East/West alley South of
Donmoyer Avenue from the West lot line of Lot 4, Forest Hill
Addition (on unrecorded subdivision) and East lot line of said Lot 4
for a distance of 40 feet and a width of 16 feet, City of South Bend,
Portage Township, St Joseph County, Indiana
B. THE STREET DESCRIBED AS:
NAME.(signed & printed) ADDRESS LOT #
Jeffrey L Gritton
Living Stones Church 718 Donmoyer Ave 018-7145-5158
South Bend IN 46614
-----------------------------------------------------------------
Office
MAY 3 201 17
CONTACT PERSON (S) '"!"
NAME: -jeffrey L Gritton
RETURN.TO:
OFFICE OF THE CITY CLERK ADDRESS: 718 Donmoyer Ave
JOHN VOORDE, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING South Bend IN 46614
SOUTH BEND, IN 46601
574-235-9221 PHONE: 574-904-9824
0! I
LIVING STONES CHURCH
inviting to, teaching and demonstrating the ways of Jesus
May 30, 2013
South Bend Common Council
South Bend IN
To Whom It May Concern:
I am representing the Living Stones Church at 718 DonmoyerAve, South Bend IN. My
position is Pastor of Ministries and Elder at the Living Stones Church.
I am requesting to vacate the alley located at the first East/West alley South of
Donmoyer Avenue from the West lot line of Lot 4, Forest Hill Addition (on
unrecorded subdivision) and East lot line of said Lot 4 for a distance of 40 feet
and a width of 16 feet, City of South Bend, Portage Township, St Joseph County,
Indiana.
The purpose for the vacation is to provide opportunity to include the alley
inside the recently purchased lot we will use for children's recreation. Our
adjoining property has a fence that we want to extend onto the new property,
The fence line will most naturally extend through the alley, which is landlocked
and currently not used. The extension of the fence line in this way squares out
property lines in the most natural and logical way.
Respectful! Submitted,
Jeffrey L itton
Pastor of Inistries
in ..:. Mf
Living Stones Church �XPT,C- i
574-904-9824 ° °° �
MAY 3 ,�.Zo
�4
718 East Donmoyer Avenue•South Bend,IN 46614.574291-6852•fax 574-291-6972
www.living-stones-church.org
ircels County Parcels
Rec PARCELID NAME_1 MAILINGADD PROP_ADDR PROP CITY PROP PROP ZI
STAT P_
018.7131-
14702 PEDEN MILLIE JEANNIE 623 E Donmoyer St 823 DONMOYER South Bend IN 46614
018-7132- ABRAHAM DAVID&
2 4731 DEENA 2926 Erskine Blvd ERSKINE
018-7145-
3 5147 YACIW ROBIN R 614 E Donmoyer Av 614 DONMOYER South Bend IN 46614
018-7131- PIPER MICHAEL AND
44696 DIANE LYNN 609 E Donmoyer 609 DONMOYER South Bend IN 46614
018-7145- MARCUSSEN KARL H
5614701 AND JULIE W 611 E Fameman St 611 FARNEMAN South Bend IN 46614
048-7145- JOHNSON S ADAM&
65149 STEPHANIE N 625 Farneman 625 FARNEMAN South Bend IN 46614
018-7145-
7 5152 FRIES JANE E 627 E Farneman St 629 FARNEMAN South Bend IN 46614
018-7177-
8 6274 EHLERT DAVID 2414 S 11th St 629 FARNEMAN South Bend IN 46614
018-7177- 18 VAC 600 BLK
9 6275 L€VING STONE CHURCH 718 E Donmoyer Ave FARNEMAN South Bend IN 46614
PERRY CECIL D&
LILLIAN L TRUST NO LT-
C&LP-101AS TRUSTEES
018-7145- &AS LIFE ESTATE
10 5148 RESERVES 618 Donmoyer 618 DONMOYER South Bend IN 46514
018-7145- HENSELIN JOS AND
115151 MATHILDA 19570 Pasadena Av 622 DONMOYER South Bend IN 46614
DOUGS SELF DIRECTED
IRA LLC UND FIFTY PER
INT AND MRIDULAS IRA
LLC UND FIFTY PER INT
AND LIFE ESTATE FOR
018-7177- SOBIERAJSKI LEO W
12 627201 SEE TRANSFER NOTE 1575 N Bendix Dr 626 DONMOYER South Bend IN 46614
018-7145-
13 5158 LIVING STONE CHURCH 718 E Donmoyer Ave 638 DONMOYER South Bend IN 46614
018-7145-
14 5160 LIVING STONE CHURCH 718 Donmoyer Ave 718 DONMOYER South Bend IN 46614
018-7131- CALLANDER GEORGE 0
154701 &MARY B 2921 Erskine Blvd 2921 ERSKINE South Bend IN 46614
018-7132- ABRAHAM DAVID&
16 4730 DEENA 2926 Erskine Blvd 2926 ERSKINE South Bend IN 46614
018-7131-
17 4697 KING TERRENCE P 1613 Donmoyer 613 DONMOYER South Bend IN 46614
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BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 20 THE SOUTHBEND MUNICIPAL CODE BY THE
INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS,AND AMENDING
SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council recognizes that Indiana Code § 36-5-2-4 authorizes the city to
"regulate conduct, or use or possession of property; that might endanger the public health, safety, or
welfare".
The Common Council further recognizes that Indiana Code § 9-21-11 sets forth state regulations
addressing"bicycles and motorized bicycles". Last summer, the Indiana Supreme Court upheld the state
law regulations addressing "motorized bicycles" which set their maximum speed at twenty-five (25)
miles per hour.
House Bill 1523 was introduced for consideration by the Indiana General which proposed to
amend the current state laws addressing "motorized bicycles". That proposed legislation dud not pass.
A Captain of the Uniform Division of the South Bend Police Department recently brought to the
attention of the South Bend Common Council the growing public health and safety concerns involving
mopeds. Additionally an increasing number of mopeds are being stolen, and already this year there
have been several accidents involving mopeds.
Regulations in other Indiana cities have been reviewed including but not limited to the City of
Evanville's moped ordinance which took effect in 2010; Terre Haute's moped ordinance which took
effect October 1, 2011; Richmond. City's ordinance which took effect in 2010; and Kokomo's ordinance
which took effect July 1, 2012.
This ordinance is believed to be in the best interests of protecting the health and safety of the
citizens of the City of South Bend, Indiana, by passing reasonable moped regulations.
Ae—Y
1%ov, 45,a oada&wd by the Common Council of the City of South Bend, Indiana, as
follows:
Section I. Chapter 20 of the South Bend Municipal Code shall be amended by the inclusion of
new Article 13 which shall read in its entirety as follows:
Moped Regulations Ordinance
Page 2
Article 13. Moped_Regulations.
See.20-130 Definitions.
As used in this Article:
(a) City shall mean the City of South Bend, Indiana.
(b) Bicycle lane or hike lane shall mean a portion of a roadway which has been designated by
striping, signing or pavement markings for the preferential or exclusive use of bicyclist peddling any
foot-propelled vehicle irrespective of the number of wheels in contact with the ground.1
(c) Moped shall man any two (2) or three (3)wheeled vehicle which is propelled by an internal
combustion engine or a battery powered motor, and if powered by an internal combustion engine, has
the following:
1. An engine rating of not more than two (2) horsepower and a cylinder capacity not
exceeding fifty(50) cubic centimeters;
2. An automatic transmission; and
3. A maximum design speed of not more than twenty-five (25) miles per hour on a flat
surface.
(d) Operator shall mean any person who rides or is in actual physical control of a moped.
(e) Rental agency means any person engaged in the business of offering for rental or renting
mopeds for use by the public.
See. 20-131 Compliance Required.2
(a) Every operator of a moped in the city must comply with the public safety regulations set
forth in this Article, and applicable state and federal laws.
(b) The parent(s) or guardian(s) of any child under the age of eighteen(18) years of age shall not
authorize or knowingly permit any child or ward to violated the provisions of this Article.
' The Manual on Uniform Traffic Control Devices (MUTCD) section 9 addresses standard bike lane markings and signing;
and Indiana Code§9-13-2-14 defines the term bicycle.
2 Indiana Code § 9-21-11-12 through Indiana Code § 9-21-14 prohibit any person under the age of fifteen(15)to operate a
motorized bicycle; requires permit or licensing over said age; prohibits operation on an interstate highway or sidewalk;
prohibits going greater than 25 mph; requires persons under 18 years of age to wear protective headgear,protective glasses,
goggles or a transparent face shield with violators committing a Class C infraction. The definition of moped does not include
an electric personal assistive mobility device.
Moped Regulations Ordinance
Page 3
See.20-132 Annual Registration Required; Fees.
(a) All operators of a moped within the City must have the moped owned or operated by them
registered annually with the South Bend Police Department.
(b) The annual registration form shall be completed in person at the South Bend Police
Department headquarters.
(c) Such annual registration shall require the name of the owner of the moped; his/her address
and telephone number; date of birth of operator, the make, model and serial number of the moped; and
the color, size and other identifying characteristics of the moped.
(d) A registration decal shall not be issued until all required items are submitted and reviewed
and proper payment is received..
(e) The moped registration fees shall be as follows:
$20.00 Initial Registration Fee
$15.00 Annual Renewal Registration Fee
(f) In the event that verifiable proof by the owner/operator that he/she has completed the
ABATE certified motorcycle safety training class within the past six (6) months, the initial registration
fee may be waived. The owner/operator shall be required to pay the annual renewal fee thereafter.3
(g) Upon completion of the registration form and payment of the registration fee, the South
Bend Police Department shall issue a registration decal which shall be affixed at that time to the moped
in a location clearly visible to the police officer upon inspection of said moped. Such registration decal
shall remain affixed to the moped at all times for the year in which it has been issued.
Sec. 20-133 Moped Alterations Restricted.
The owner, or the parent or guardian of a child who is the owner of a moped, or the operator
shall not alter or consent to the alteration of the moped's exhaust system which results in loud exhaust
noise and/or greater emissions.
See.20-134 Moped Operating Regulations.
(a) Every person operating a moped shall obey all applicable motor vehicle and traffic
regulations of the State of Indiana and all traffic ordinances of the City.
3 The Indiana Bureau of Motor Vehicles(BMV)offers classes conducted through Abate of Indiana, Inc.
http/www.abateofmdiana.org/
A Indiana Code§ 9-21 sets forth regulations addressing compliance with traffic control devices,speed limits,operation,etc.
and Indiana Code§9-21-11-1 through Indiana Code§9-21-11-14 sets forth bicycle and motorized bicycle regulations.
Moped Regulations Ordinance
Page 4
(b) No person shall operate a moped upon any public sidewalk.
(c) TO and brake lights are required on all mopeds and shall remain operable at all times while
the moped is in operation, with the headlamp having an intensity to illuminate a distance of not less than
one hundred feet(100').
(d) No passengers are permitted on any moped operated within the City.
(e) No moped shall be operated in any bicycle lane or bike lane within the City.
Sec. 20-135 Rental Agency Compliance Required.
(a) A rental agency shall not rent or offer any moped for rent unless it has been registered and in
compliance with Section 20-132. Each moped must be equipped with the tail and brake lights
regulations as required in this Article. A rental agency shall make available protective headgear with or
without a transparent face shield and protective glasses or goggles as required by state law for all
persons under the age of eighteen (1 S) years of age; as well as the opportunity to purchase liability
and/or personal injury insurance coverage.
(b) A rental agency shall not rent or offer any moped for rent to anyone under the age of fifteen
(15) years of age.
(c) A rental agency shall not rent or offer any moped for rent to any minor between the ages of
fifteen (15) and eighteen (18) years of age unless:
(1) The minor has identification verifying that he or she is over the age of fifteen(15) ; and
(2) The minor's parent or guardian signs the rental agreement.
Sec. 20-136 Enforcement of Moped Regulations; Penalties.
(a) Any sworn member of the South Bend Police Department has the authority to enforce these
Moped regulations.
(b)An ordinance citation,shall be issued for any violation of the provisions of this Article,
which shall subject the violator to a fine of twenty-five dollars ($25.00) for the first violation, and a fifty
dollar ($50.00) fine for each violation thereafter. Said fines shall be paid through the Ordinance
Violations Bureau.
(c)A moped may be subject to impound until violations are remedied to the satisfaction of the
South Bend Police Department.
(d) Dedication of Fines/Fees Collection: Fifty percent(50%) of all fines and fees
Moped Regulations Ordinance
Page 5
collection for any violation of this Article shall be deposited into the Law Enforcement Continuing
Education Fund (Fund#220).
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:
20-136 Moped Regulations $25.001$50.00
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.
Karen L. White, Council Member at Large
Tim Scott, t"District Council Member
� V)- a"
Derek D. Dieter, Council Mehiber at Large
iiza'Aq and
' 1 W
a g
Office of the City Clerk
Moped Regulations Ordinance
Page 6
'x�nt me t¢61, a4.,,yew 910 0a 1(wme IAA71r on the day of
,2013 at o'clock_. m.
Office of the City Clerk
,J xa and P by me on the day of , 2013 at o'clock_.m.
Pete Buttigieg
Mayor of the City of South Bend,Indiana
Filed In tr ; ,:
JUN --3 ZU13
PUBLIC HEARIRd
3rd READING t44rt°::'
NOT APPROVED C91Y CN..ERK,,&CPIs r iw OENG,9
UnpIriD
WSID
$01)T11
City of South Bend
Common Council
3865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1530 Fax (574) 235-9173
Derek D. Dieter
June 3,2013 http://www.southbendingov
President
Members of the Common Council
Oliver J. Davis 4a`Floor County-City Building
Vice-President South Bend, Indiana 46601
Karen L. White Re: Proposed Moped Regulations
Chairperson, Committee
of the Whole Dear Council Members:
71m Scott
First District In 2010, the City of South Bend was awarded "Bicycle Friendly Community"
status by the League of American Bicyclists. Our city is one of 242 communities
Henry Davis, Jr.
Second District in the United States who have received this status for its "remarkable
commitments to bicycling".
Valerie Sch ey
Third District On March 11, 2013, the South Bend Common Council passed Ordinance No.
Fred Ferlic 10223-13. That ordinance established local safety regulations when passing
Fourth District bicycles when operated in the City of South Bend city limits.
David Varner As of this year, the City's website "Bike South Bend" notes that the city has
Fifth District approximately 62.4 miles of bicycle lanes or routes established within the city
Oliver J. Davis limits which consist of multi-purpose paths separated by streets (15.0 miles)
Sixth District striped bike lanes (16.5 miles) and other designated on-street routes (30,9 miles).
Derek D. Dieter Perhaps due to the rising gasoline prices and an increasing focus on "going
At Large
green", South Bend like many other communities, is experiencing a growing
Gavin Ferlic number of persons operating mopeds. Unfortunately, some of the headlines this
At Large month published by the news media have been "S-Year-Old Run Over by Moped"
Karen L. White and "Moped Crash Tuesday Afternoon Leaves Man Dead".
At Large
We are introducing the attached proposed ordinance. It is aimed at helping
protect the health, safety and welfare of our residents.
We have collaborated with the City Administration so that the best possible
regulations are being proposed. We have additionally reviewed regulations which
have been in effect in some other 2nd class Indiana cities.
Cover Letter to Proposed Moped Ordinance
June 3,2013
Page 2
We request that this Bill be sent to the Health and Public Safety Committee for review and a
favorable recommendation. In the interest of promoting public safety, we look forward to
discussing it with you. Thank you.
Most in rely,
CNA-01-
— 1�1e'
Kar n L. White, Chairperson
Health and Public Safety Committee
Council Member at Large
Tim azrperson
Residential Neighborhoods Committee
1st Distri Coun ' mber
Derek D. Dieter, Council President
Council Member at Large
Attachment
Filed In r ,office
JUN -3 1U Iv
E� V
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOU'T'H BEND,
INDIANA AMENDING CHAPTER 19,ARTICLE 61, SECTION 19-61(a) OF THE
SOUTH BENZ) MUNICIPAL CODE AS TO LIMITED SALE OF ALCOHOLIC
BEVERAGES IN PUBLIC PARKS
STATEMENT OF PURPOSE AND INTENT
The City of South Bend Department of Parks & Recreation has been authorized for
many years by the Indiana Alcohol & Tobacco Commission (ATC) to sell alcoholic beverages,
including liquor, within its municipal golf course club houses, Elbel and Erskine, although it has
not previously done so. The regulated service of liquor beverages within golf course club houses,
and often, upon the golf courses themselves, is fairly common practice within the golf industry
generally, and would be welcome and desirable by the users of the City's municipal golf courses,
Furthermore, restricted sales of liquor beverages has occurred for some time at the Blackthorn
Golf Course, also owned by the City, but managed through the South Bend Redevelopment
Commission, and it is appropriate to have uniformity in the operation of all golf courses owned
by the City of South.Bend. To achieve this purpose, an amendment of South Bend Municipal
Code Chapter 19,Article 61, Section 19-61(a) is required.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
Section 1. Chapter 19, Article 61, Section 19-61(a) of the South Bend Municipal Code be
and hereby is amended to read in its entirety as follows:
Section 19-61 —Alcoholic beverages and controlled substances.
(a) It shall be unlawful for any person, while within any City park, to:
(1) Consume or possess any alcoholic beverage other than beer or wine excerpt that beer,
wine and liquor inay be purchased for consumption in areas designated by he Board
at the Elbel and Erskine golf courses;
(2) Consume, or possess an open container of beer or wine at any location other than:
Areas designated by the Board as picnic, dining or concession areas, and then only with
the written permission of the Board;
With respect to beer, wine and liquor, such areas at Elbel and Erskine golf courses
as designated by the Board, and with conspicuous posting of alcoholic beverage
regulations at both such golf courses;
(3) Sell, barter, trade or exchange an alcoholic beverage; except for those authorized
agents and employees of the Board at those concession areas designated by the Board
for such purposes;
(4) Possess a controlled substance;
(5) Be under the influence of alcohol or a controlled substance.
Section II. This Ordinance shall be in full force and effect from and after adoption by the
Common Council and approval by the Mayor.
Member, South Bend Common Colaycil
Attest:
Uw
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
Ce
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Fxectitil'e Director
Pete Butti€icg, Mayor Phillip L. St Clair
File
June S, 2013 ,.�...�..,_.�....__... ._..;
dud � i
Mr. Derek Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4"'floor CITY IN
South Bend, Indiana 46601
Re: Ordinance of the Common Council- Amending Chapter 19, Article 61, Section 19-61(a) Of The
South Bend Municipal Code As To Limited Sale Of Alcoholic Beverages In Public Parks
Dear President Dieter,
Please find attached a bill amending the South Bend municipal code to allow the sale of liquor at the
municipal golf courses of South Bend.
Mr. Randy Nowacki, Director of Golf and I will be happy to present this bill to the Common Council at
the appropriate committee and council meetings. It is requested that this bill be filed for first reading on
June 10, 2013 with second reading and public hearing, as well as third reading scheduled for June 24,
2013.
This ordinance will allow the sale of liquor at Elbel and Erskine Park Golf Courses, which are currently
limited to beer and wine sales. The sale of liquor is a common practice at golfing facilities nationally and
locally. Most Iocal courses, including Blackthorn, have this option available to their patrons.
The golf courses currently possess a three-way alcohol license, but are prohibited from liquor sales by
municipal code. This ordinance will amend that section of the code to allow liquor sales.
Thank you for your attention to this request. If you have any questions regarding this matter, please feel
free to contact me at your convenience.
Sincerely,
Phil St. Clair
Executive Director
Department of Parks and Recreation
South Bend, Indianan <.a..,....: �
CC: Mayor Pete Buttigieg
Chief of Staff Mike Schmuhl
City Controller Mark Neal
321 } ist Walter Strect o South Bend,Indiana 46614 574-299-44765
Parks Administration Feax 299-4783 ° Recreation Fax 299-=4784 ,C�5�y
JOHN w BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZ!
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)235-9571
e.
Wednesday, May 22,2013
The Honorable Council of the City of South Bend
4th FIoor,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 Harjinder 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.
QjAn . B Y orni
Attachment
CC Parwinder Kaur&Singh Harjinder
Barbara Dockery
Attorney Anthony Zappia
SERM @hSA Pffi �F.We fi[f SSOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA& ROSELAND
www.stjosephcountyindiann.com/Areaplan
Ntaff 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 comer 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 1 of 4
Staff ReljoLt 5/9/2013
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:
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 (.tune 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 property buffered, should have a minimal
effect on surrounding property values.
APC # 2670-13 Page 2 of 4
Staff Report 5/9/2013
5. Responsible Development And Growth:
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 often 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;
S) 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
Stuff HOort_ 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 terrns of this Chapter would result in practical
difficulties in the use ofthe property.
Special Exce0on / Special Use
A special use may only be granted upon making a written detennina.tion and adopting
appropriate Findings of Pact, based upon the evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public heahh, 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 recon-gmndations of the
Comprehensive Flan.
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Rezoning from:
"'MU" MIXED USE DISTRICT
to ""LB"" LOCAL BUSINESS DISTRICT
ZONING CLASSIFICATION N
OW SOUTH BEND "SF2" SINGLE FAMILYAND TVJO FAMILY DISTRICT
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SOUTH BEND "I,iF1" UR13 A�N CORRIDOR MULTIFAMILY DISTRICT
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SOUTH BEND "I.IU"MIXED USE DISTRICT
SOUTH BEND "LB"LOCAL BUSINESS DISTRICT I inch 145 feet
SOUTH BEND "CB"COM1.1UNITYBU SINE SSDISTRICT
SOUTH BEND "GB."GENERAL BUSINESS DISTRICT A 2670®
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 and 3527 WESTERN
AVENUE, SOUTH BEND, .INDIANA, 46619, COUNCILMANIC DISTRICT N0. 2 IN
THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE TO
LB LOCAL BUSINESS DISTRICT TO OPERATE A CONVENIENCE STORE AND ALSO
REQUEST APPROVAL OF SPECIAL EXCEPTION TO ADD A GASOLINE SERVICE
STATION FACILITY WITHIN THE LB LOCAL BUSINESS DISTRICT
CLASSIFICATION.
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:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST
JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: THE WEST 86 FEET OF
LOT NUMBERED 1071 IN THE PLAT OF "LA SALLE PARK"AS RECORDED IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 0.24 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
be and the same is hereby established as LB Local Business District.
SECTION II. That a Special Exception for Gasoline Service Station facility in a LB
Local Business 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.
2
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.
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
PUBLIC HEARING
{
3 rd READING
NOT ArPRQVJED
REFERRED
PASSED
L. � \ 0 C) - �3
Substitute Bill No. 09 -13
Ordinance No.
AN ORDINANCE 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 AND AMENDING SECTION 2 -123 SCHEDULE OF
ORDINANCE AND CODE VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that on January 30, 2013, Ronald Teachman was sworn
in as the 61St 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 of 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.
This ordinance 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. It contains
a proactive mechanism through a remediation agreement process to help engage property owners
address public safety issues & concerns. By abating such problem locations, the time of the "beat
Chronic Problem Properties Regulations Ordinance
Page 2
officer" in particular would be freed up to provide such needed public safety services in other areas of
the City.
The following ordinance is believed to be in the best interests of the City of South Bend, Indiana,
by creating fair and reasonable methods to address chronic problem properties in a timely manner.
Section 1. 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 means 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.
' Indiana Code § 36- 1 -3 -1, et seq., sets forth the "Home Rule" legislation which authorizes and grants municipalities all the
powers they need for the effective operation of government as to local affairs.
Chronic Problem Properties Regulations Ordinance
Page 3
(b) Chronic Problem Property is a property which meets the following criteria:
1. A property address which has received five (5) ordinance citations or verified
complaints involving nuisance activity in any sixty (60) calendar day period ; or
2. A property address which has been issued five (5) letters by the Police
Department, and /or the Code Enforcement Department and /or the Law
Department in a sixty (60) calendar day period which sought compliance by the
property owner with section(s) of the South Bend Municipal Code involving
nuisance activity, excluding any letters issued under the Property Maintenance
Code addressed in Section 6 -37 of the South Bend Municipal Code; or
3. A combination of valid complaints and /or ordinance citations issued as further
addressed in ¶ 1 herein, and /or has been issued letters by the Police Department,
the Code Enforcement Department, and /or the Law 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.
However, in the event that a property consists of more than fifty (50) dwelling units which are rented or
intended to be rented and are located on a single parcel or lot for which a postal address exists or may
exist for each individual unit including residential rental properties, hotels, motels, or other similar
properties offering overnight lodging, such address for a property shall not be considered as a chronic
problem property until it has been issued more than twelve (12) verified complaints, ordinance citations,
letters seeking compliance involving nuisance activity, as further addressed in ¶ 1 through ¶ 3 herein, in
any ninety (90) day period.
(c) Citation means the issuance of a written document by a sworn police officer or Code
Enforcement Department employee who has a valid police commission. Said document indicates that an
act is prohibited as an offense punishable under the South Bend Municipal Code payment of a fine to
the Ordinance Violations Bureau.
(d) City means the City of South Bend, Indiana.
(e) Nuisance activity means any criminal offense governed in Title 35 of the Indiana Code,
and /or any citation issued for a violation of the South Bend Municipal Code which occurred on the
Chronic Problem Properties Regulations Ordinance
Page 4
property and resulted in a police response and police documented call for service; and /or any complaint
received by the Department of Code Enforcement resulting in the issuance of an citation or letter from
that Department, the Police Department, or the Department of Law which seeks compliance under the
South Bend Municipal Code for disrupting the general health, safety, and welfare.
(f) Police documented call for service means when a sworn member of the Police Department is
dispatched or deployed to respond to an incident at a specific address as a police response.
(g) Police response means any and all police action needed to protect the health, safety and
welfare of inhabitants of a property or location where verified complaint(s) have been documented, with
such police response being subject to the governing rules and regulations of the Police Department.
(h) Verified complaint shall refer to a police documented call for service that an incident
took place at a specific property address requiring sworn police personnel to be dispatched or caused to
respond. The term does not include incidents involving an occupant of the premises who is the victim of
the crime, or any ambulance or medical service response governed by the provisions of Section 9 -16 of
the South Bend Municipal Code.
(i) Warning Notice Letter shall be a form letter sent by the South Bend Police Department to
any property owner who has received three (3) verified complaints, and /or ordinance citation(s) and /or
letters issued by the Police Department, the Code Enforcement Department and /or the Law Department,
which shall be sent along with a copy of this ordinance giving notice of the potential of being designated
as a chronic problem property, and /or a reference to the website where the ordinance may be viewed.
Sec. 13 -157 Violations; Notification and Limited Appeals of Being Designated by the City as a
Chronic Problem Property.l
(a) The owner of any property within the City of South Bend which is designated by the City as
a chronic problem property, as defined in Sec. 13 -156, in in violation of this Article. The property
owner of any designated chronic problem property shall be responsible for bringing such property into
compliance with all governing regulations.
(b) The South Bend Police Department shall send a warning notice letter to any property owner
2 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, the Police Department and the Code Enforcement Department.
Chronic Problem Properties Regulations Ordinance
Page 5
when the property address has been subject to three (3) verified complaints and /or ordinance citations
and /or letters issued by the Police Department, the Code Enforcement Department and /or the Law
Department, advising said owner that when the City verifies that said number increases to the thresholds
in the definition of a chronic problem property, it shall be so designated. The Police Department, the
Code Enforcement Department and the Law Department shall update their data on a regular and
consistent basis and electronically transmit it to the assigned police officer(s) of the South Bend Police
Department whose responsibilities include overseeing the warning notice letter process.
(c) When designating a specific property as a chronic problem property, the assigned police
officer(s) in the South Bend Police Department, shall review and verify:
The number of police documented calls for service, the number of verified
complaints and ordinance citations issued by the Police Department to a property
address in the applicable sixty (60) or ninety (90) day period; and
2. The number of ordinance citations and /or compliance letters sent by the Code
Enforcement Department and the number of compliance letters sent by the Police
Department and the Law Department to a property address in the applicable sixty (60)
day or ninety (90) period.
Once designated as a chronic problem property by the assigned police officer(s) in the South Bend
Police Department, said property shall remain so designated and tracked on a computerized matrix for
compliance /enforcement purposes for one (l) year from the date of designation. Said assigned police
officer(s) shall see that the 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 verified complaint or code violation for a period of not less
than three hundred sixty -five (365) continuous days, unless credited per the regulations set forth in
Section 13 -158. Additionally, any and all fines and repeat nuisance service call fees associated with the
designated chronic problem property must have been paid in full for removal.
(d) The South Bend Police 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
Chronic Problem Properties Regulations Ordinance
Page 6
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;
2. The number of police documented calls for service involving verified complaints, the
number of ordinance citations issued, the number of letters issued by the Police
Department, Code Enforcement Department, and /or the Law Department, or any
combination thereof which have occurred on said property in the applicable sixty
(60) or ninety (90) calendar day period;
3. The cost(s) which may be incurred if there any future verified police documented
calls for service to the property;
4. The cost(s) which may bet incurred for any future background investigations and /or
issuance of letter(s) by the Police Department, the Code Enforcement Department,
and /or the Law 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 address designated as a chronic problem property may contact
if he /she has questions regarding the notification; and
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.
(e) Copies of the written notice sent by the South Bend Police Department on each property
address designated as a chronic problem property shall be simultaneously sent electronically to the Law
Department, the Code Enforcement Department, Office of the City Clerk, the District Council Member
who represents the District where the subject property is located, and all At Large Council Members.
(f) The City deems the owner of the property and the occupants of the property responsible for
Chronic Problem Properties Regulations Ordinance
Page 7
any and all prohibited conduct occurring upon the premises after receipt of the written notice
designating the property as a chronic problem property.3
(g) A Hearing Officer is authorized to hear limited appeals from owners of a property
who have been designated by the City as a chronic problem property. Said appeal shall be limited to the
verification of whether said owner has reached the requisite and applicable number set forth in Section
13- 156(b) to be designated as a chronic problem property. Said appeal must be made within ten (10)
days of the date of notice being made by the City to the property owner. A hearing before the Hearing
Officer for such limited appeals must be held within thirty (30) calendar days of the appeal being filed.
Written notice of the date, time and location shall be mailed or personally delivered by the City to said
owner. The decision of the Hearing Officer shall be the final administrative action for purpose of
judicial review.
Sec. 13 -158 Remediation Agreements — Proactive Measures to Reduce Time Designated as a
Chronic Problem Property.
(a) In the event that a property consists of more than fifty (50) dwelling units which are rented
or intended to be rented and are located on a single parcel or lot for which a postal address exists or may .
exist for each individual unit including residential rental properties, hotels, motels, or other similar
properties offering overnight lodging; or if a property is a business establishment required to have a
license or permit to sell alcoholic beverages under Title 7.1 of the Indiana Code, and has been
designated as a chronic problem property, the owner of such property shall be required to enter into a
Remediation Agreement. Such Remediation Agreement shall:
1. Be in writing and signed by the owner or the owner's duly authorized agent of the
property designated as a chronic problem property and the South Bend Police
Department's sworn police officer(s) assigned to oversee said property's compliance
measures;
2. Set forth immediate remedial measures which must be implemented within fourteen
(14) days of signing the Remediation Agreement, which establishes thereafter
monthly thresholds and needed corrective actions which will be monitored by the
Police Department's sworn police officer(s) who were assigned to negotiate the
Remediation Agreement with the owner of the subject property or the property's duly
authorized agent;
3 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 8
3. Remediation Agreements shall also include but not be limited to including policy
reforms, additional staff, additional training, and other proactive measures determined
necessary to abate the public health, safety and welfare violations identified; and
4. Identify specific action plan(s) whereby the owner or his/her duly authorized agent is
required to complete by the last Friday of each month and transmit to the Police
Department's assigned sworn police officer(s) who shall evaluate compliance. All
remediate agreements shall be for a term of not less than six (6) months.
(b) Copies of all Remediation Agreements entered into shall be electronically sent by the
assigned sworn police officer to the Chief of Police, the Corporation Counsel of the Law Department,
the Director of Code Enforcement, the District Council Member who represents the District in which the
chronic problem property is located, all Council Members at Large, and the Office of the City Clerk,
with such electronic correspondence taking place the same day that the Remediation Agreement is
signed by both parties.
(c) In the event that the owner, or the owner's duly authorized agent fails or refuses to enter into
a Remediation, or if the owner or owner's duly authorized agent fails to meet the obligations set forth in
the Remediation Agreement, the Corporation Counsel of the Law Department, or his or her official
designee, shall commence legal action pursuant to Section 1 -23 of the South Bend Municipal Code. as
soon as practicable. Notice of non - compliance shall be electronically sent by the Corporation Counsel
to the Chief of Police, the Director of the Code Enforcement Department, the District Council Member
who represents the District in which the chronic problem is located, all Council Members at Large, and
the Office of the City Clerk of his /her action to commence such legal action as soon as practicable, upon
being notified by the sworn police officer assigned to the case.
(d) So long as the owner or the owner's duly authorized agent is in compliance with the
Remediation Agreement, no additional action by the Law Department is to be commenced on the items
addressed in said Agreement. However, any new violation(s) which are in addition to the items
addressed in the Remediation Agreement, may be pursued by the Law Department
4 The Center for Problem- Oriented Policing publication entitled Shifting and Sharing Responsibility for Public Safety
Problems, Response Guide A'o. 3 sets forth a variety of methods including but not limited to educating about responsibilities
in addressing problems, charging for police services when there are excessive calls in an attempt to have partial cost
recovery. Those methods and the SARA Model problem - solving model (Scanning, Analysis, Response and Assessment)
would be used by the South Bend Police Department when implementing Remediation Agreements addressed in this section.
Copies of both of these documents are on file in the Office of the City Clerk and the South Bend Police Department.
Chronic Problem Properties Regulations Ordinance
Page 9
(e) In the event that the owner or the owner's duly authorized agent complies with the
Remediation Agreement in its entirety and if the property has no new ordinance citations issued against
it and no new valid complaints for a period of thirty (30) consecutive calendar days, fifteen (15) days
shall be subtracted from the time said property has been designated as a chronic problem property; with
this process continuing through the duration of the Remediation Agreement. The South Bend Police
Department shall be charged with maintaining accurate records and sending monthly updates to the
individuals listed in paragraph (b) herein.
Sec. 13 -159 Repeat Nuisance Service Call Fees for Chronic Problem Properties; Notice.5
(a) The South Bend Police Department and the Code Enforcement Department shall file semi-
annually with 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 September 15, 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 reasonable
and uniform criteria in developing such data and fees for such services. The record of costs shall remain
in effect until a new record of costs is filed with the Office of the City Clerk.
(b) The property owner shall incur repeat nuisance service call fees for a property designated by the
South Bend Police Department as a chronic problem property if the property owner has first been
provided written notice of that designation, with such fees being consistent with the record of costs on
file as provided in subsection (a) of this section. All fees are due and payable within thirty (30) days of
the date of such notice.
Sec. 13 -160 Penalties; Civil Action by Law Department/ Dedication of Portion of Fees/Fines to
the Law Enforcement Continuing Education Fund (Fund # 220)6
(a) Any property owner 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.
5 Indiana Code § 36 -1 -3 -8 requires fees to be related to the cost of the service so that they are "reasonable and just ".
6 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 10
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).
(d) Data addressed in this Section shall be summarized on the matrix required in Section 13 -157
of the South Bend Municipal Code which is to be placed, maintained, and regularly updated on the
City's website.
Sec. 13 =161 Intimidation and Threats by Property Owner Prohibited.
If any person reports to a City employee or agent that he or she believes that he /she has been
intimidated or threatened by the owner or owner's agent if he or she files a complaint or reports an
alleged violation of this Article, the City employee or agent shall encourage the person to report such
alleged intimidation or threat to the South Bend Police Department for further action.
Sec. 13 -162 Through Sec. 13 -164 Reserved for Future Regulations.
Section 1I. 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:
13 -160 Chronic Problem Property $250.00
Section I11. 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.
Indiana Code § 35 -45 -2 addresses "Offenses Relating to Communications` including but not limited to intimidation, harassment and
the interference with the reporting of a crime.
Chronic Problem Properties Regulations Ordinance
Page 11
Section IIV. 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 October 15,
2013.
Tim Scott, I st District Council Member
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Derek D. Dieter, Council Member at Large
South Bend Common Council
"It.
John Voorde, City Clerk
6 ,Adi and by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2013, at o'clock _. m.
Janice Talboom, Deputy Clerk
�xarrrda�zd�by me on the day of , 2013, at o'clock
Pete Buttigieg
Mayor of the City of South Bend, Indiana
1 REAUii :G
PUBLIC HEIANNG
3 rd READINiG
NOT APP ROV0.
EEERRED
PASSER
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Filed in ffiCe
JOIN - 5 ZQQ
CITY CLERK, SOUTM SEND, IN
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Remediation Agreement
--> Creating and sustaining a secure, crime - resistant and code violation free property is NOT a one -step
process.
—)- Occurrences of crime and code violations presents the owner of the property with opportunities to
implement positive programs & policies
--* Establish good and sustainable relationships with residents focusing on effective property management.
Consider:
• Orientation program for new residents to explain rules & regulations, rights & responsibilities
• Including links and contact phone numbers to social services
• Using bulletin boards which are regularly updated
• Provide resident handbooks containing key information in plain English/Spanish
• Sending newsletters to residents by email, posting on bulletin boards
• Plan social events for residents to get to know each other and get to know staff including security
patrolling the premises – from specific dates for yard sales, to pot -luck dinners, to creating community
gardens, to game nights, to clean -up dates of common areas followed by ice cream social, to starting
reading/hobby groups
• Hold quarterly meetings so that residents may bring ideas /concerns to property management's attention
• Implement leadership training for property management
• Creating partnerships with other apartment complexes, faith -based organizations, out -reach programs to
host AAA, etc
--* Implement the "OSCAR" process:
• O Observe – identify the problem
• S Scrutinize – analyze the problem
• C Collaborate – find those who want to be problem - solvers
• A Act – develop strategies
• R Review – what worked, what didn't, how can you measure progress
wwwshutteistock.com 115701043
South Bend Police would discuss with the property owner a Remediation Agreement which may include
"Property Management Checklist" focusing on
Issues Action Needed Action Taken
Topics Jointly Discussed:
Administrative Polices
Tenant Screening
Tenant Education
Exterior Areas — from sidewalks, steps, parking lots, etc.
Public Areas & Offices
Doors & Windows
TENANCY ADDENDUM
Section 8 Tenant -Based Assistance
Housing Choice Voucher Program
(To be attached to Tenant Lease)
Section 8 Voucher Program
a. The owner is leasing the contract unit to the tenant
for occupancy by the tenant's family with assistance
for a tenancy under the Section 8 housing choice
voucher program (voucher program) of the United
States Department of Housing and Urban
Development (HUD).
b. The owner has entered into a Housing Assistance
Payments Contract (HAP contract) with the PHA
under the voucher program. Under the HAP
contract, the PHA will make housing assistance
payments to the owner to assist the tenant in leasing
the unit from the owner.
2. Lease
a. The owner has given the PHA a copy of the lease,
including any revisions agreed by the owner and the
tenant. The owner certifies that the terns of the
lease are in accordance with all provisions of the
HAP contract and that the lease includes the tenancy
addendum.
b. The tenant shall have the right to enforce the
tenancy addendum against the owner. If there is any
conflict between the tenancy addendum and any
other provisions of the lease. the language of the
tenancy addendum shall control.
Use of Contract Unit
a. During the lease term, the family will reside in the
contract unit with assistance under the voucher
program.
b. The composition of the household must be approved
by the PHA. The family must promptly inform the
PHA of the birth. adoption or court- awarded custody
of a child. Other persons may not be added to the
household without prior written approval of the
owner and the PHA.
C. The contract unit may only be used for residence by
the PHA - approved household members. The unit
must be the family's only residence. Members of the
household may engage in legal profit making
activities incidental to primary use of the unit for
residence by members of the family.
d. The tenant may not sublease or let the unit.
e. The tenant may not assign the lease or transfer the
unit.
4. Rent to Owner
a. The initial rent to owner may not exceed the
amount approved by the PHA in accordance with
HUD requirements.
b. Changes in the rent to owner shall be determined by
the provisions of the lease. However, the owner may
not raise the rent during the initial term of the lease.
C. During the term of the lease (including the initial
term of the lease and any extension term), the rent to
owner may at no time exceed:
Previous editions are obsolete
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577 -0169
Exp. 10/31/2010
(1) The reasonable rent for the unit as most
recently determined or redetermined by the
PHA in accordance with HUD requirements,
or
(2) Rent charged by the owner for comparable
unassisted units in the premises.
5. Family Payment to Owner
a. The family is responsible for paying the owner any
portion of the rent to owner that is not covered by
the PHA housing assistance payment.
b. Each month, the PHA will make a housing
assistance payment to the owner on behalf of the
family in accordance with the HAP contract. The
amount of the monthly housing assistance payment
will be determined by the PHA in accordance with
HUD requirements for a tenancy under the Section 8
voucher program.
C. The monthly housing assistance payment shall be
credited against the monthly rent to owner for the
contract unit.
d. The tenant is not responsible for paying the portion
of rent to owner covered by the PHA housing
assistance payment under the HAP contract between
the owner and the PHA. A PHA failure to pay the
housing assistance payment to the owner is not a
violation of the lease. The owner may not terminate
the tenancy for nonpayment of the PHA housing
assistance payment.
e. The owner may not charge or accept, from the
family or from any other source, any payment for
rent of the unit in addition to the rent to owner. Rent
to owner includes all housing services, maintenance,
utilities and appliances to be provided and paid by
the owner in accordance with the lease.
f. The owner must immediately return any excess rent
payment to the tenant.
6. Other Fees and Charges
a. Rent to owner does not include cost of any meals or
supportive services or furniture which may be
provided by the owner.
b. The owner may not require the tenant or family
members to pay charges for any meals or supportive
services or furniture which may be provided by the
owner. Nonpayment of any such charges is not
grounds for termination of tenancy.
C. The owner may not charge the tenant extra amounts
for items customarily included in rent to owner in
the locality, or provided at no additional cost to
unsubsidized tenants in the premises.
Maintenance, Utilities, and Other Services
a. Maintenance
(1) The owner must maintain the unit and
premises in accordance with the HQS.
(2) Maintenance and replacement (including
redecoration) must be in accordance with the
form HUD - 52641 -A (8/2009)
ref Handbook 7420.8
standard practice for the building concerned as
is a felony under the laws of the place
established by the owner.
from which the individual flees, or that,
in the case of the State of New Jersey, is
b. Utilities and appliances
a high misdemeanor; or
(1) The owner must provide all utilities needed to
(b) Violating a condition of probation or
comply with the HQS.
parole under Federal or State law.
(2) The owner is not responsible for a breach of
(3)
The owner may terminate the tenancy for
the HQS caused by the tenant's failure to:
criminal activity by a household member in
(a) Pay for any utilities that are to be paid by
accordance with this section if the owner
the tenant.
determines that the household member has
committed the criminal activity, regardless of
(b) Provide and maintain any appliances that
whether the household member has been
are to be provided by the tenant.
arrested or convicted for such activity.
C. Family damage. The owner is not responsible for a
(4)
The owner may terminate the tenancy during
breach of the HQS because of damages beyond
the tern of the lease if any member of the
normal wear and tear caused by any member of the
household has engaged in abuse of alcohol
household or by a guest.
that threatens the health, safety or right to
d. Housing services. The owner must provide all
peaceful enjoyment of the premises by other
housing services as agreed to in the lease.
residents.
d. Other good cause for termination of tenancy
Termination of Tenancy by Owner
(1)
During the initial lease term, other good cause
a. Requirements. The owner may only terminate the
for termination of tenancy must be something
tenancy in accordance with the lease and HUD
the family did or failed to do.
requirements.
(2)
During the initial lease term or during any
b. Grounds. During the term of the lease (the initial
extension term, other good cause may include:
term of the lease or anv extension term), the owner
(a) Disturbance of neighbors,
may only terminate the tenancy because of:
(1) • Serious or repeated violation of the lease;
(b) Destruction of property, or
(2) Violation of Federal, State, or local law that
(c) Living or housekeeping habits that cause
imposes obligations on the tenant in
damage to the unit or premises.
connection with the occupancy or use of the
(3)
After the initial lease term, such good cause
unit and the premises;
may include:
(3) Criminal activity or alcohol abuse (as
(a) The tenant's failure to accept the owner's
provided in paragraph c): or
offer of a new lease or revision;
(4) Other good cause (as provided in paragraph
(b) The owners desire to use the unit for
d),
personal or family use or for a purpose
C. Criminal activity or alcohol abuse.
other than use as a residential rental unit;
(1) The owner may terminate the tenancy during
or
the term of the lease if any member of the
(c) A business or economic reason for
household, a guest or another person under a
termination of the tenancy (such as sale of
resident's control commits any of the
the property, renovation of the unit, the
following types of criminal activity:
owner's desire to rent the unit for a higher
(a) Any criminal activity that threatens the
rent).
health or safety of, or the right to
(4)
The examples of other good cause in this
peaceful enjoyment of the premises by,
paragraph do not preempt any State or local
other residents (including property
laws to the contrary.
management staff residing on the
premises);
(5)
In the case of an owner who is an immediate
(b) Any criminal activity that threatens the
successor in interest pursuant to foreclosure
health or safety of, or the right to
during the term of the lease, requiring the
peaceful enjoyment of their residences
tenant to vacate the property prior to sale shall
by, persons residing in the immediate
not constitute other good cause, except that the
vicinity of the premises.
owner may terminate the tenancy effective on
the date of transfer of the unit to the owner if
(c) Any violent criminal activity on or near
the owner: (a) will occupy the unit as a
the premises: or
primary residence: and (b) has provided the
(d) Any drug - related criminal activity on or
tenant a notice to vacate at least 90 days before
near the premises.
the effective date of such notice. This
(2) The owner may terminate the tenancy during
provision shall not affect any State or local law
the term of the lease if any member of the
that provides for longer time periods or
household is:
addition protections for tenants. This
(a) Fleeing to avoid prosecution, or custody
provision will sunset on December 31, 2012
or confinement after conviction, for a
unless extended by law.
crime, or attempt to commit a crime; that
form HUD-52641 -A (8/2009)
Previous editions are obsolete ref Handbook 7420.8
e. Protections for Victims of Abuse.
housing agency can demonstrate an actual and
imminent threat to other tenants or those employed
(1)
An incident or incidents of actual or threatened
at or providing service to the property if the tenant
domestic violence, dating violence, or stalking will
is not evicted or terminated from assistance.
not be construed as serious or repeated violations of
the lease or other "good cause" for termination of
(7) Nothing in this section shall be construed to
the assistance, tenancy, or occupancy rights of such
supersede any provision of any Federal, State, or
a victim.
local law that provides greater protection than this
section for victims of domestic violence, dating
(2)
Criminal activity directly relating to abuse, engaged
violence, or stalking.
in by a member of a tenant's household or any
guest or other person under the tenant's control,
f. Eviction by court action. The owner may only evict the
shall not be cause for termination of assistance,
tenant by a court action.
tenancy, or occupancy rights if the tenant or an
immediate member of the tenant's family is the
g• Owner notice of grounds
victim or threatened victim of domestic violence,
(1) At or before the beginning of a court action to
dating violence, or stalking.
evict the tenant, the owner must give the
tenant a notice that specifies the grounds for
(3)
Notwithstanding any restrictions on admission,
termination of tenancy. The notice may be
occupancy, or terminations of occupancy or
included in or combined with any owner
assistance, or any Federal, State or local law to the
eviction notice.
contrary, a PHA, owner or manager may
(2) The owner must give the PHA a copy of any
"bifurcate" a lease, or otherwise remove a
owner eviction notice at the saute time the
household member from a lease, without regard to
owner notifies the tenant.
whether a household member is a signatory to the
(3) Eviction notice means a notice to vacate, or a
lease, in order to evict, remove, terminate
complaint or other initial pleading used to
occupancy rights, or terminate assistance to any
begin an eviction action tinder State or local
individual who is a tenant or lawful occupant and
lave
who engages in criminal acts of physical violence
against family members or others. This action may
9. Lease: Relation to HAP Contract
be taken without evicting, removing, terminating
If the HAP contract terminates for any reason, the lease terminates
assistance to, or otherwise penalizing the victim of
the violence who is also a tenant or lawful
automatically.
occupant. Such eviction, removal, termination of
10. PHA Termination of Assistance
occupancy rights, or termination of assistance shall
be effected in accordance wwith the procedures
The PHA may terminate program assistance for the family for any
prescribed by Federal, State, and local law for the
grounds authorized in accordance with HUD requirements. If the PHA
termination of leases or assistance under the
terminates program assistance for the family, the lease terminates
housing choice voucher program.
automatically.
(4)
Nothing in this section may be construed to limit
11. Family Move Out
the authority of a public housing agency, owner. or
The tenant must notify the PHA and the owner before the family moves
manager, when notified, to honor court orders
out of the unit.
addressing rights of access or control of the
property, including civil protection orders issued to
12. Security Deposit
protect the victim and issued to address the
a. The owner may collect a security deposit from the
distribution or possession of property among the
tenant. (However, the PHA may prohibit the owner
household members in cases where a family breaks
from collecting a security deposit in excess of
up•
private market practice, or in excess of amounts
charged by the owner to unassisted tenants. Any
(5)
Nothing in this section limits any otherwise
such PHA - required restriction must be specified in
available authority of an owner or manager to evict
the HAP contract.)
or the public housing agency to terminate
b. When the family moves out of the contract unit, the
assistance to a tenant for any violation of a lease
owner, subject to State and local law, may use the
not premised on the act or acts of violence in
security deposit, including any interest on the
question against the tenant or a member of the
deposit, as reimbursement for any unpaid rent
tenant's household, provided that the owner,
payable by the tenant, any damages to the unit or
manager, or public housing agency does not subject
any other amounts that the tenant owes under the
an individual who is or has been a victim of
lease.
domestic violence. dating violence. or stalking to a
C. The owner must give the tenant a list of all items
more demanding standard than other tenants in
charged against the security deposit, and the amount
determining whether to evict or terminate.
of each item. After deducting the amount. if any,
used to reimburse the owner_ the owner must
(6)
Nothing in this section may be construed to limit
promptly refund the full amount of the unused
the authority of an owner or manager to evict, or
balance to the tenant.
the public housing agency to terminate assistance,
to any tenant if the owner, manager, or public
form HUD - 52641 -A (8/2009)
Previous editions are obsolete ref Handbook 7420.8
d. If the security deposit is not sufficient to cover
amounts the tenant owes under the lease, the owner
may collect the balance from the tenant.
13. Prohibition of Discrimination
In accordance with applicable equal opportunity statutes, Executive
Orders, and regulations, the owner must not discriminate against any
person because of race, color, religion, sex, national origin, age,
familial status or disability in connection with the lease.
14. Conflict with Other Provisions of Lease
a. The terms of the tenancy addendum are prescribed
by HUD in accordance with Federal law and
regulation, as a condition for Federal assistance to
the tenant and tenant's family under the Section 8
voucher program.
b. In case of any conflict between the provisions of the
tenancy addendum as required by HUD, and any
other provisions of the lease or any other agreement
between the owner and the tenant; the requirements
of the HUD - required tenancy addendum shall
control.
15. Changes in Lease or Rent
a. The tenant and the owner may not make any change
in the tenancy addendum. However, if the tenant and
the owner agree to any other changes in the lease,
such changes must be in writing, and the owner
must immediately give the PHA a copy of such
changes. The lease, including any changes, must be
in accordance with the requirements of the tenancy
addendum.
b. In the following cases, tenant -based assistance shall
not. be continued unless the PHA has approved a
new tenancy in accordance with program
requirements and has executed a new HAP contract
with the owner:
(1) If there are any changes in lease requirements
governing tenant or owner responsibilities for
utilities or appliances;
(2) If there are any changes in lease provisions
governing the term of the lease;
(3) If the family moves to a new unit, even if the
unit is in the same building or complex.
C. PHA approval of the tenancy, and execution of a
new HAP contract, are not required for agreed
changes in the lease other than as specified in
paragraph b.
d. The owner must notify the PHA of any changes in
the amount of the rent to owner at least sixty days
before any such changes go into effect, and the
amount of the rent to owner following any such
agreed change may not exceed the reasonable rent
for the unit as most recently determined or
redetermined by the PHA in accordance with HUD
requirements.
16. Notices
Any notice under the lease by the tenant to the owner or by the owner
to the tenant must be in writing.
17. Definitions
Contract unit. The housing unit rented by the tenant with assistance
under the program.
Previous editions are obsolete
Family. The persons who may reside. in the unit with assistance under
the program.
HAP contract. The housing assistance payments contract between the
PHA and the owner. The PHA pays housing assistance payments to the
owner in accordance with the HAP contract.
Household. The persons who may reside in the contract unit. The
household consists of the family and any PHA - approved live -in aide.
(A live -in aide is a person who resides in the unit to provide necessary
supportive services for a member of the family who is a person with
disabilities.)
Housing quality standards (HQS). The HUD minimum quality
standards for housing assisted under the Section 8 tenant -based
programs.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 program.
HUD requirements are issued by HUD headquarters, as regulations,
Federal Register notices or other binding program directives.
Lease. The written agreement between the owner and the tenant for the
lease of the contract unit to the tenant. The lease includes the tenancy
addendum prescribed by HUD.
PHA. Public Housing Agency.
Premises. The building or complex in which the contract unit is
located, including common areas and grounds.
Program. The Section 8 housing choice voucher program.
Rent to owner. The total monthly rent payable to the owner for the
contract unit. The rent to owner is the sum of the portion of rent
payable by the tenant plus the PHA housing assistance payment to the
owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42
United States Code 1437f).
Tenant. The family member (or members) who leases the unit from the
owner.
Voucher program. The Section 8 housing choice voucher program.
Under this program, HUD provides funds to a PHA for rent subsidy on
behalf of eligible families. The tenancy under the lease will be assisted
with rent subsidy for a tenancy under the voucher program.
form HUD - 52641 -A (8/2009)
ref Handbook 7420.8
June 6, 2013
City of South Bend
Common Council
441 County -City Building . 227 W Jefferson Blvd (574) 235 -9321
South Bend, Indiana 46601 -1830 Fax (574) 235 -9173
http://www.southbendimgov
Derek D. Dieter The South Bend Common Council
President
4t' Floor County -City Building
Oliver J. Davis South Bend, Indiana 46601
Vice - President
-Re: Substitute Bill No. 09 -13 Chronic Problem Property Regulations
Karen L. White
Chairperson, CommitteeDear Council Members:
of the Whole
Tim Scott On March 4, 2013, we filed the original version of Bill No. 09 -13 with the Office of the
First District City Clerk which was designed to provide another tool for the City to address chronic
problem properties, which would compliment other regulations in place.
Henry Davis, Jr.
Second District Since that initial filing, we have had the opportunity to collaborate with many groups and
individuals in order to seek their input and recommendations. The Health and Public
Valerie Schey Safety Committee has held three (3) public hearings to date, which also provided
Third District opportunities for more input. As a result, we have fine -tuned the proposed regulations,
Fred Ferlic which are included in Substitute Bill No. 09 -13, which we are attaching for your review
Fourth District and approval.
David Varner The sponsors of Substitute Bill No. 09 -13 have also met on a regular basis and sought
Fifth District input from the three (3) City Departments who will have key roles in the implementation
and enforcement of these regulations — Police, Code and Legal. We have talked with
Oliver J. Davis officials in other cities who are effectively implementing similar regulations with positive
Sixth District results. We also filed with the Office of the City Clerk a May 23, 2013 memorandum
from the Council Attorney which summarizes the regulations reviewed from more than
Derek Dieter thirty thirty (30) communities across the nation, which was also shared with the entire Council
At Large e and the City Administration.
Gavin Ferlic
At Large The following is a brief summary of improvements made to the original bill which the
sponsors and the City Administration have included in Substitute Bill No. 09 -13:
Karen L. White
At Large • Changes the effective date of the ordinance to October 15, 2013 to enable the
Police, Code and Legal Departments to continue to collaborate together for
implementation purposes and training, as well as to provide opportunities for
outreach and education to the community at large through PSAs, brochures, etc.
• Clarifies some of the proposed definitions
• Accommodates the concerns raised by larger complexes, such as multi -unit
apartments, so that those with more than fifty (50) units on a single parcel would
Substitute Bill No. 09 -13 Chronic Problem Property Regulations Cover Letter
June 6, 2013
Page 2
have a ninety (90) day window and a threshold of twelve (12) verified complaints, ordinance citations
and /or letters; whereas other locations would have a sixty (60) day window and a threshold. of five (5) —
with all property owners receiving a warning notice letter from the South Bend Police Department when
they reached three (3) verified complaints, ordinance citations and /or letters along with a copy of this
ordinance and /or a reference to the website where the ordinance may be viewed
• Streamlines and clearly identifies the roles and responsibilities of the Police,
Code and Law Departments
• Includes a limited appeals process through a hearing officer where a owner may
question the "verification of whether said owner has reached the requisite and
applicable number" set forth above
Includes proactive measures through remediation agreements which would be
entered into between the police department and the property owner of a property
designated as a chronic problem property which would identify monthly
thresholds and needed corrective actions which police would monitor including
but not limited to recommendations and timetables for policy reforms, additional
staff, additional training, etc.
• Includes a process to report alleged intimidation or threats consistent with
governing state law
We are also attaching a copy of a 1 -page chart which depicts the problems associated with repeat
chronic problem properties; the planning cycle utilized to address them and the goals of the
proposed regulations; as well as a sample of an "Action Plan" for remediation agreements, and
the current federal HUD regulations on "tenancy addendum for Section 8 Tenant -Based
Assistance Housing Choice Voucher Program" which are required to be attached to tenant leases.
We believe this has been a very thorough and collaborative effort which has resulted in
regulations which are fair, reasonable, and enforceable. We seek your support. Thank you.
Filed in C i rk's Office
JUN , 6 2010
JOHN V00ROIm
CITY CLERK., SOUTH SEND, IN
Si
Tim
1St District Council Member
Karen L. White
Council Member at Large
Derek D. Dieter
Council Member at Large