HomeMy WebLinkAbout11-11-13 Common Council Agenda & PacketRIODIRWA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, NOVEMBER 11, 2013
1. INVOCATION - REV. SYLVESTER WILLIAMS
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
7.nn D M
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION
WILL BE CITY CONTROLLER MARK NEAL
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
RTT.T. NY)
48 -13 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1906 FRANKLIN
ST. SOUTH BEND, IN 46614, COUNCILMANIC DISTRICT
6, IN THE CITY OF SOUTH BEND, INDIANA
59 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1,
BASIC PROVISIONS, TO ADD A NEW SUBSECTION
RELATIVE TO THE REZONING OF EXISTING STRUCTURES;
ARTICLE 2, RESIDENTIAL DISTRICTS TO REVISE STATE
SWIMMING POOL CODE REFERENCES; ARTICLE 4,
INDUSTRIAL DISTRICTS, TO REVISE SCREENING
REQUIREMENTS; ARTICLE 5 PLANNED UNIT DEVELOPMENT,
TO REVISE AN INCORRECT CITATION; ARTICLE 7,
GENERAL REGULATIONS, TO REVISE CERTAIN
LANDSCAPING REQUIREMENTS BETWEEN RESIDENTIAL AND
INDUSTRIAL USES, AND TO REVISE INCORRECT
CITATIONS
49 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL
CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE
63 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER
17 OF THE SOUTH BEND MUNICIPAL CODE TO REINSTATE
ARTICLE 2, SECTION 17 -27.1 HAULED SEPTIC WASTE
64 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS
SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH
BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND
CHARGES INCREMENTALLY THROUGH 2017
60 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL
FOR THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $21,000.00 FROM THE PALAIS ROYALE
HISTORIC PRESERVATION FUND (FUND 450) FOR REPAIRS
TO THE HISTORIC EXTERIOR /INTERIOR OF THE VENUE
8. BILLS, THIRD READING TIME:
BILL NO.
48 -13 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1906 FRANKLIN
ST. SOUTH BEND, IN 46614, COUNCILMANIC DISTRICT
6, IN THE CITY OF SOUTH BEND, INDIANA
59 -13 THIRD 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 1,
BASIC PROVISIONS, TO ADD A NEW SUBSECTION
RELATIVE TO THE REZONING OF EXISTING STRUCTURES;
ARTICLE 2, RESIDENTIAL DISTRICTS TO REVISE STATE
SWIMMING POOL CODE REFERENCES; ARTICLE 4,
INDUSTRIAL DISTRICTS, TO REVISE SCREENING
REQUIREMENTS; ARTICLE 5 PLANNED UNIT DEVELOPMENT,
TO REVISE AN INCORRECT CITATION; ARTICLE 7,
GENERAL REGULATIONS, TO REVISE CERTAIN
LANDSCAPING REQUIREMENTS BETWEEN RESIDENTIAL AND
INDUSTRIAL USES, AND TO REVISE INCORRECT
CITATIONS
49 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE' CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL
CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE
63 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER
17 OF THE SOUTH BEND MUNICIPAL CODE TO REINSTATE
ARTICLE 2, SECTION 17 -27.1 HAULED SEPTIC WASTE
64 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS
SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH
BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND
CHARGES INCREMENTALLY THROUGH 2017
60 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL FOR
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
$21,000.00 FROM THE PALAIS ROYALE HISTORIC
PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE
HISTORIC EXTERIOR /INTERIOR OF THE VENUE
9. RESOLUTIONS
RTT.T. NO.
13 -72 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 4004 TECHNOLOGY DRIVE AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8)
YEAR REAL PROPERTY TAX ABATEMENT FOR THE
LEBERMUTH COMPANY, INC.
13 -73 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 4528, 4536 4546 4606, 4612 LAKE
BLACKTHORN DRIVE,6568 DOCKSIDE DRIVE, 4636, 4644,
4710, 4720, 4728, 4814, 4822 STARBOARD DRIVE,
6510, 6507 STILL WATERS COURT, 4938, 4954, 5011,
4935, 4915 STERN LINE COURT, 6535, 6530, 6634
LEEWAY DRIVE, 5015, 4917 MASTHEAD COURT; 5002,
5010, 5013, 5003, 4925 BOW LINE COURT, 4738, 4712
PORTSIDE DRIVE, 4627, 4611, 4604, 4614, 4624 PIER
COURT, 6613 DOCKSIDE DRIVE, 4711, 4719, 4821,
4829 STARBOARD DRIVE, 6530 LAKE CREST CIRCLE,
6735, 6747, 4736, 4739 BLACKTHORN HARBOR DRIVE AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL PROPERTY TAX ABATEMENT
FOR COOREMAN REAL ESTATE GROUP, INC.
10. BILLS, FIRST READING
BILL NO.
65 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW SECTION 4 -21 ENTITLED
BUSKERS AND SIDEWALK PERFORMERS
66 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
2, ARTICLE 8, SECTION 2 -121 (a) OF THE SOUTH BEND
MUNICIPAL CODE TO REINSTATE ONE NON - DESIGNATED
HOLIDAY
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT
TIME:
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
&u 00- `ig -13
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1906 FRANKLIN ST. SOUTH BEND IN 46614, COUNCILMANIC
DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The present zoning for said property is LI I ight Industrial District, and we request it
changed to SF2- Single Family & Two Family District f -r the purpose of residence.
NOW THEREFORE BE 1T ORDAINED t) the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04. is amended. wh�ch 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 classiticatioli of the following described real estate in
the City of South Bend, St. Joseph County, State of Indiana:
Parcel A: Lot 332 D M Shiveley's 15t Addition
Parcel B: Lot 333 D M Shive!ey's 15t Addition
be and the same is hereby established as SF2 Single Family & Two Family District
SECTION 11. This ordinance snail be in lull force and effect from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
Attest:
City Clerk
htembe, of the Common Cou cil
to
� 4.1
coU l li Gil +e v it'i ib dv,
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock — M.
Approved and signed by me on the
at o'clock — M.
isi READNG l ( 3
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of
Mayor, City of South Bend, Indiana
2 ,
Filed ±n .< z nfflee
(� SEP - 3 2013
Johe41 'sSOE
MY CLERK, SOU M BEND, IN
PETITION TO REZONE — City of South Bend Indana
1 (we) the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1. The property sought to be rezoned is located at
1906 Franklin st
South Bend, IN 46614
2. The property Tax Key Numbers are:
Key #1 018 -8044 -1751
Key #2 018 -80444752
3. Name and address of property owner of the petition site
RamiM.Sadek
19543 Darden Rd
South Bend IN, 46637
4. Name and address of contingent purchasegs), if applicable:
NIA
5. It is desired and requested that this property be rezoned:
From: LI Light Industrial District
To: SF2 Single Family & Two Family District
6. This rezoning is requested to allow for the following uses(s):
RESIDENCE
7. Attached, and made part of the petition;
a. A list of names and addresses of all property owners. and tax kry numbers for all properties within
300ft of the petitioned property.
b. addressed, stamped envelopes for all property owners within 30Dft of the petition property
PETITION PREPARED BY:
RAMI MIKHAIL SADEK
19543 DARDEN RD.
SOUTH BEND, INDIANA
574 -850 -9769
RAM I.SADEK @GMAIL.COM
CONTACT PERSON:
SAME AS ABOVE
Filed l;s Office
I
C17YCLER -s aEND,IN
14
0543
Im
Lafayette
South Bend
JIM
1 46613
LAFAYETTE
South Berd
IN
1 4W13
PUBAKIGH
AGNES &
018 -8044-
MATTHEW
2002S
20D2
Isom
151759
KOPSEA
FramcSn
SoWr Berl
IN.
4661
FRANKLN
Bend
IN
46613
1918
018E044-
PROPERTIES
1918
1912
16
175401
LLC
Fmrdit St
ISouthBend
IN
48813
FRANKLIN
South Berl
IN
46613
STROUD
5929
0188044
BENJAMIN JR &
Spinnaker
1926 S
17
1730
CHARLESZEfTA
Bay Dr
Long Beach
CA
90803
WILLIAM ST
South Berl
IN
46613
FTON
018-8012-
&
222 E Walter
1905
.18
0537
ALICE C
St
South Berl
IN
46014
LAFAYETTE
South Bend
IN
46613
0188044-
192DSWILLIAM
W8LWW
19208
191728
LAND TRUST
ste B
Osceola
IN
46561
WILLIAM
South Bend
IN
46614
018 -8012-
ROSEBOOM
22437 Arbor
1917
2010639
JEFFREY A
Poift Dr
ISouth Bend
IN
1 46628
LAFAYETTE
South Bend
IN
46613
0188044-
PROPERTIES
1918
1916
21
1755
LLC
Franklin St
South Bend
IN
46613
FRANKLIN
South Bend
IN
46613
GENERAL
0188012-
SHEET METAL
1902 S Main
228 W
220567
WORKS INC
St
South Bend
IN
46613
CALVERT
South Berl
IN
46601
GENERAL
0188012-
SHEET METAL
1902 S Main
.
23
058701
WORKS INC
St
South Berl
IN
46613
0188044
BLOOM LEO W &
416 Calvert
-
LOT 272
241727
DELORASM
St
South Bend
IN
46614
WILLIAMS
South Bend;
IN
4661
FARRINGTON
0188012-
WAYNEA&
2221-
1907
2510538
ALICE C
Walter
South Bend
IN
46614
LAFAYETTE
South Bernd
IN
46613
ZADEREJ
ANDREW J &
...
ANDREW
ZADEREJ&
018-0012 -
%GEORGE
1901S
1903
26
0536
ZADEREJ
Lafayette
South Bend
IN
461513
LAFAYETTE
Soulh Bend
IN
46613
Filed �r- C,
SEP -3 Z013 I
CITYCLFHj:,,
ON
�_g_G
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -C:ITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, October 16, 2013
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Rami M. Sadek to zone from LI Light Industrial District to SF2 Single Family &
Two Family District, property located at 1906 S. Franklin Street, City of South Bend - APC# 2682 -13.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Rami M. Sadek was legally advertised on Thursday,
October 03, 2013 and that the Area Plan Commission at its public hearing on Tuesday, October 15, 2013 took the
following action:
Upon a motion by John DeLee, being seconded by Phil Sutton and unanimously carried, the proposed
ordinance of Rami M. Sadek to zone from LI Light Industrial District to SF2 Single Family & Two
Family District, property located at 1906 S. Franklin Street, City of South Bend, is sent to the
Common Council with a favorable recommendation. There is a mix of industrial and residential uses
in this area. Rezoning the property to single family will allow for the adaptive reuse of the building
and strengthen the surrounding residential area.
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,
`�'ohn W. Byorn
Attachment
CC: Rami M. Sadek
Ilp e i:1,
erg ?
o
C�E9K UrKeFNr; / r
�6+
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA AND ROSELAND
www. stjosephcounryindlana .com /Areaphn
Staff RwaxrL
APC #
Owner:
Location:
Jurisdiction:
2682 -13
Rami M.Sadek
1906 S. Franklin Street
City of South Bend
10/4/2013
Public Hearing Date: 10/15/2013
Requested Action:
The petitioner is requesting a zone change from LI Light Industrial District to SF2 Single
Family & Two Family District to allow uses permitted in the SF2 Single Family & Two
Family District.
Land Uses and Zoning:
On site: On site is a vacant commercial building zoned LI Light Industrial District.
North: To the north across Calvert Street is an industrial building zoned GI
General Industrial District.
East: To the east across the alley is a commercial building zoned SF2 Single
Family & Two Family District.
South: To the south is an industrial building zoned LI Light Industrial District.
West: To the west across Franklin Street is a single family home zoned SF2
Single Family and Two Family District.
District Uses and Development Standards:
The SF2 District is established to protect, promote and maintain the development of single
family dwellings and two family dwellings in the urban core of the City of South Bend as
well as to provide for limited public and institutional uses that are compatible with an
urban residential neighborhood. The availability of public facilities (e.g., public water,
public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for
development within this district.
Site Plan Description:
No site plan is required for a rezoning to S172 Single Family & Two Family District.
Zoning and Land Use History And Trends:
The site has been zoned industrial since 1951, our earliest record of zoning in the City.
The property to the west across Franklin Street was rezoned from industrial to single
family residential in 1999.
Traffic and Transportation Considerations:
Calvert Street and Franklin Street are two -lane streets.
Utilities:
The site is served by municipal water and sewer.
Agency Comments:
The City Engineer had no comment. Community Investment provides a favorable
recommendation for the rezoning, noting that the rezoning will support the re -use of the
property and blend in to the surrounding residential properties to the east and west zoned
SF2.
APC # 2682-13 Page 1 of 2
Staff Report 10/4/2013
Commitments:
There are no commitments proposed by the petitioner.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2005)
Objective ED 1.2 Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Map identifies this area as Light Industrial.
Plan Implementation /Other Plans:
2. Current Conditions and Character:
The block between Lafayette and Franklin Streets serve as a transitional area between the
single family residential to the west and the industrial uses to the east. There is a mix of
varying sizes of industrial buildings and traditional single family homes.
3. Most Desirable Use:
The most desirable use of the land is for uses compatible with the surrounding residential
properties.
4. Conservation of Property Values:
The value of the surrounding properties should not be adversely affected.
5. Responsible Development And Growth:
It is responsible development and growth to encourage the adaptive reuse of vacant
buildings.
Staff Comments:
Rezoning to a residential use may impact the adjacent industrial properties if they modify
their sites in the future. Additional screening may be needed as part of a residential
bufferyard. However, the effect would be minimal or could be relieved through variance
requests.
Recommendation:
Based on information available prior to the public hearing the staff recommends this
petition be sent to the Common Council with a favorable recommendation.
Analysis:
There is a mix of industrial and residential uses in this area. Rezoning the property to
single family will allow for the adaptive reuse of the building and strengthen the
surrounding residential area.
APC # 2682 -13 Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1906 FRANKLIN ST. SOUTH BEND IN 46614, COUNCILMANIC
DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The present zoning for said property is LI Light Industrial District, and we request it
changed to SF2- Single Family & Two Family District for the purpose of residence.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, is 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:
Parcel A: Lot 332 D M Shiveley's 1St Addition
Parcel B: Lot 333 D M Shiveley's 1St Addition
be and the same is hereby established as SF2 — Single Family & Two Family District
SECTION II. This ordinance shall be in full force and effect from and after its
passage by the Common Council, approval by the Mayor, and 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 2 , at o'clock . M.
City Clerk
Approved and signed by me on the day of
at o'clock m.
Mayor, City of South Bend, Indiana
i sF READING
c�
PUBLIC HEA.^MG
3 rd R AD!NG
NOT APPPONED
REFERRED
PASSED
2 ,
Filed in, r ' Off Ice
SEP - 3 2013
0
_m)
C17Y CLERK, SOUTK 8EN—D, IN
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, October 16, 2013
The Honorable Council of the City of South Bend t �-
4th Floor, County -City Building
South Bend, M 46601
RE: An Ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal
Code, Article 1, Basic Provisions, to add a new subsection relative to the rezoning of existing structures;
Article 2, Residential Districts to revise state swimming pool code references; Article 4, Industrial Districts,
to revise screening requirements; Article 5 Planned Unit Development, to revise an incorrect citation; Article
7, General Regulations, to revise certain landscaping requirements between residential and industrial uses,
and to revise incorrect citations, City of South Bend - APC# 2683 -13.
Dear Council Members:
I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, October
03, 2013 and that the Area Plan Commission at its public hearing on Tuesday, October 15, 2013 took the following
action:
Upon a motion by John DeLee, being seconded by Michael Mecham and unanimously carried, the
Ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal
Code, Article 1, Basic Provisions, to add a new subsection relative to the rezoning of existing
structures; Article 2, Residential Districts to revise state swimming pool code references; Article 4,
Industrial Districts, to revise screening requirements; Article 5 Planned Unit Development, to revise
an incorrect citation; Article 7, General Regulations, to revise certain landscaping requirements
between residential and industrial uses, and to revise incorrect citations, City of South Bend, is sent to
the Common Council with a favorable recommendation. The text amendments address certain changes
that are necessary to revise and clarify various sections of the South Bend Zoning Ordinance.
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,
bu i
john W.Byorni
Attachment
SERVING: ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
wnw .rtlosephcounryind'mna.coMAreaplan
Staff Resort
APC #
Owner:
Location:
2683 -13
APC Initiated
Text Amendment
Jurisdiction: City of South Bend
Public Hearing Date: 10/15/2013
9/30/2013
Requested Action:
The requested action is a text amendment, amending various sections of Chapter 21 of
the South Bend Municipal Code.
Staff Comments:
The Ordinance updates the code by making the following changes:
*Adding provisions exempting existing structures from seeking setback variance when the
property has been rezoned. The buildings or structures would become legal nonconforming,
and would need to comply with all provisions going forward.
*Modifying outdoor storage screening requirements in industrial districts by not requiring to
buffer from adjacent industrial districts.
*Modifying the residential bufferyard landscaping table to reduce the type of
landscaping required from non - residential districts when separated from residential districts
by a street.
*Modifying the sign ordinance to allow one menu board per drive through.
*Correcting the swimming pool reference so that it matches the state code.
*Correcting incorrect citations in the PUD and sign ordinance sections.
Recommendation:
Based on information available prior to the public hearing the staff recommends that this
petition be sent to the Common Council with a favorable recommendation.
Analysis:
The text amendments address certain changes that are necessary to revise and clarify
various sections of the South Bend Zoning Ordinance.
APC # 2683 -13 Page I of I
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 1, BASIC PROVISIONS, TO ADD A NEW SUBSECTION RELATIVE TO
THE REZONING OF EXISTING STRUCTURES; ARTICLE 2, RESIDENTIAL
DISTRICTS TO REVISE STATE SWIMMING POOL CODE REFERENCES;
ARTICLE 4, INDUSTRIAL DISTRICTS, TO REVISE SCREENING
REQUIREMENTS; ARTICLE 5 PLANNED UNIT DEVELOPMENT, TO REVISE AN
INCORRECT CITATION; ARTICLE 7, GENERAL REGULATIONS, TO REVISE
CERTAIN LANDSCAPING REQUIREMENTS BETWEEN RESIDENTIAL AND
INDUSTRIAL USES, AND TO REVISE INCORRECT CITATIONS.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
that went into effect on May 7, 2004. Certain changes are deemed necessary for a more
affective administration of the ordinance. When properties that have existing buildings or
structures petition for a zone amendment (a/k/a rezoning), and those buildings or structures do
not meet the setback requirements of the zoning district that they are zoning to, those setbacks
will now be considered as legal nonconforming. When industrial -zoned properties abut other
industrial -zoned properties, or are separated by a road, screening will not be required; but
adjacent residential uses will still need to be properly buffered. Citations in several sections
that refer to other parts of the ordinance, or other ordinances, need to be corrected. Further,
several sections of the Sign Regulations need to be updated to respond to changes in signs
commonly used, namely temporary signs and incidental signs for drive- through facilities.
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 I Basic
Provisions, Section 21 -01.02 Zoning Districts and Zone Maps, is hereby amended by adding a
new subsection (i) as follows:
D Existing Buildings and Structures — Change of Zoning District.
In those instances where buildings and structures exist on a lot or parcel that is
subsequently rezoned to another zoning district (alk/a zone may amendment), those
buildings and structures shall be exempt from seeking variances from the required
side rear, or front yard development standards of that zoning district. All existing
structures at the time of the rezoning shall be deemed to be legal nonconforming
buildings or structures and shall comply with all provisions of Section 21 -01.03 from
that point forward.
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential
Districts, Section 21- 02.11(a) (3) (B) (iii), is hereby amended as follows:
iii. The swimming pool or hot tub, either above or below ground, shall comply with the
applicable requirements of Chapter 14, Article 3 of the Municipal Code or the Indiana
del Administrative Code for residential pools at 675 IAC 14 -4.3 -270
through 296, as amended: and for commercial pools at 675 IAC 20, as amended, as
adopted by Chapter 6 of the Municipal Code. Refer to Section 14 -12 of the Municipal
Code to determine applicable requirements.
Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial
Districts, Section 21- 04.01(b) (10) (B) (ii) b., is hereby amended as follows:
b. Screening - Outdoor storage areas shall be screened from view from all non - industrial
zoned lot lines by buildings or:
Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial
Districts, Section 21 -04.02 (b) (10) (B) (ii) b., is hereby amended as follows:
b. Screening - Outdoor storage areas shall be screened from view from all non - industrial
zoned lot lines by buildings or:
Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 5 Planned Unit
Development District, Section 21 -05 (e), is hereby amended as follows:
(e) Secondary Plat Approval
The process for the approval and recording of a secondary plat for any development in
a PUD approved pursuant to this Section 21 -05 shall be issued in a manner consistent
with that for any other subdivision within the City of South Bend as set forth in
Chapter 21, Article 9 14 — Subdivisions (or any successor Subdivision Control
Ordinance) and with any additional requirements or commitments entered into in
connection with the approval of the preliminary plan pursuant to this Section 21 -05.
The approval and recording of a secondary plat is required prior to the issuance of a
improvement location permit for any improvements on a lot.
Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General
Regulations, Table 21- 07.01 -A: Residential Bufferyard Landscaping, is hereby amended
by amending Table 21- 07.01 -A: Residential Bufferyard Landscaping, by adding a new
footnote (4) and adding a new, descriptive accompanying footnote (4) as follows:
TABLE 21- 07.01— A: RESIDENTIAL BUFFERYARD LANDSCAPING
Zoning of
Zoning of Subject Property
Adjacent
Property
SE/U
OB
MU
O
LB
CB
CBD
GB
LI
GI
PUD
SFI t41
B
B
B
B
B
B
B
C
C
C
(2)
SF2 C4�
B
B
B
B
B
B
B
C
C
C
(2)
MFl (41
A
B
B
B
B
B
B
C
C
C
(2)
MF2 u
A
B
B
B
B
B
B
C
C
C
(2)
PUD (3)
B
B
B
B
B
B
B
C
C
C
(2)
— When a street separates a residential zoning district from a non - residential zoning district
Type A: Open may be substituted in the front yard.
Section VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign
Regulations, Section 21 -07.03 (d) (5) (B) iv., is hereby amended as follows:
iv. If a lot is occupied by a use which includes a drive through facility, one (1) menu
board shall be permitted adjaeent to the for each drive through €aeilit) lane as an
incidental directional sign to announce the selection of services or products available
at the drive through facility and the prices thereof.
Section VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign
Regulations, Section 21 -07.03 (e) (2) (A), is hereby amended as follows:
(A) Lower Level Building Identification Signs.
Building identification signs located on the first eighteen (18) feet of building height or
the actual building height, whichever is less, shall be considered lower level building
identification signs. Lower level building identification signs shall be limited to wall
signs. In addition, awning signs, canopy signs or marquee signs may be permitted
subject to the provisions of Section 21 -07.03 (e) (2) (D), below, or projecting signs
may be permitted subject to the provisions of Section 21 -07.03 (3) (e) (2) (C), below.
Section IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign
Regulations, Section 21 -07.03 (g) (3) is hereby amended as follows:
Notwithstanding anything contained in Section 21 -01.03 @ (k) — Legally Established
Nonconforming Signs to the contrary, freestanding on premise signs and sign
structures, shall be subject to the following removal provisions:
Section X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7, Sign
Regulations, Section 21 -07.03 (g) (3) (B), is hereby amended as follows:
(B) When a legally established nonconforming building, or any activity, business,
entertainment, commodity, product, profession or service not located in a building,
suffers a partial destruction in excess of the value specified in Section 21 -01.03 () (11)
— Legally Established Nonconforming Signs of this Ordinance and such building, or
activity, business, entertainment, commodity, product, profession or service must be
removed and brought into compliance with the terms of this Ordinance, any sign or
sign structure located on the lot shall also be brought into compliance with the terms
of this Ordinance.
Section XI. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Attest:
City Clerk
of
Member of the Common Council
Presented by me to the Mayor of the City of South Bend, Indiana on the day
13, at o'clock . m.
City Clerk
Approved and signed by me on the day of
, at o'clock . m.
I.- READ!NG 10 -1 `{—()
P=!C HEARING
? rd READING
NOT APPROVED
r::EE:;RED
SSED
Mayor of the City of South Bend, Indiana
2013
Filed in Clerk's
JOHW YCateiCaE
CITY CLERK, SOUTH BEND, IN
�0 - Ac�_ \3
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND
MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE
STATEMENT OF PURPOSE AND INTENT
The City of South Bend (the City) previously permitted plastic bags to be used for
collection of yard waste, although use of paper bags was preferred. With new and heightened
environmental regulation at the State and federal levels, it is not permissible for the City's
Organic Resource Facility to accept any plastic materials with yard waste. The City's Organic
resource collection is limited solely to vegetative, biodegradable materials, and the Facility has
no capability to separate plastics from organic matter. To clarify and assure that citizens of
South Bend do not include plastic bags and other non- organic materials with recyclable yard
waste, it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section
16 -8 (0 and at Chapter 16, Article 4 Sections 16 -27 and 16 -28. This Ordinance enacts those
Municipal Code Amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code be
and hereby is amended to read in its entirety as follows:
Sec.16 -8. Use of City- furnished refuse containers required; disabled customer
exception; nonrecurring charge for new users; separation of yard waste.
(0 Yard waste as defined herein, shall be collected by the City on a weekly basis for
disposal and recycling at the City's Organic Resource Facility. Each owner, occupant
or lessee of any single or multifamily dwelling shall separate and keep separate any
yard waste from the remainder of the residential refuse for collection. Yard waste
shall not be placed in plastic bags for collection. Such yard waste shall be placed in
biodegradable paper baps, or other containers approved by the City, and shall be
segregated from any trash or garbage. Such • and waste shall be " laeed in sturdy
plastie bags Rr other rentainE_ .......... I and segregated from the trash and
garbage. "free limbs and brush of a diameter of less than four (4) inches shall be
bundled together in lengths of forty -eight (48) inches or less. Tree limbs and brush in
excess of these dimensions or large quantities of yard waste may be scheduled for
special pick up. Nothing in this section shall prohibit any person from recycling yard
wastes on their own property for their own use or from giving such yard waste to
another for recycling or use; provided, however, that such recycling neither creates a
public nuisance nor is otherwise injurious to the public health, welfare or safety.
Nothing in this section shall be construed to prohibit the deposit of leaves in a neat
and careful manner in the tree lawn or any street in the autumn during the period
designated by the Department of Public Works for collection.
Section II. Chapter 16, Article 4, Section 16 -27 of the South Bend Municipal Code be
and hereby is amended to read in its entirety as follows:
See.16 -27. Policy regarding disposal of yard waste.
It is hereby stated as the policy and law of the City of South Bend that all yard waste
as defined herein generated by or emanating from the City, whether from residential,
commercial, industrial, institutional or governmental sources, shall not be landfilled.
Such yard waste, whether collected by the City, commercial lawn services, tree
services or private carriers, shall be disposed of at the City's Organic Resource
Facility for recycling; provided, however, that nothing herein shall prevent any
individual or company from otherwise recycling yard waste in a manner approved by
the Director of the Department of Public Works. No yard waste materials will be
accepted from outside the incorporated limits of the City of South Bend, Indiana.
Section III. Chapter 16, Article 4, Section 16 -28 of the South Bend Municipal Code be
and hereby is amended to read in its entirety as follows:
Sec.16 -28. Separation of yard waste from trash and garbage; tree limbs.
All generators, handlers, collectors and haulers of yard waste shall handle such waste
in a manner so as to assure that yard waste will not be co- mingled with trash and
garbage. Yard waste may shall not be delivered to the Organic Resource Facility in
plastic bags_ ~ in Inese ,.,..,a'." . It shall be delivered either in biodegradable paper
bags or in a loose condition; provided, however, that all brush and tree limbs shall be
cut in lengths not to exceed forty -eight (48) inches and shall be bundled. The Organic
Facility cannot process and will not accept tree limbs in excess of six (6) inches in
diameter or stumps. These items may be disposed of by landfill or in any other
lawful manner.
Section IV. This Ordinance shall be in full force and effect from and after adoption by
the Common Council and approval by the Mayor.
Attest:
City Clerk
Member, South Bend Common 6ouncil
tR
yVihitf�� BCJG.t Ll I'd'ro fS�UB,
of
Presented by me to the Mayor of the City of South Bend, Indiana on the
2, at o'clock . In.
Approved and signed by me on the
o'clock —. M.
NOT
RINERRED
PASSED
City Clerk
day of
day
2—, at
Mayor, City of South Bend, Indiana
Filed In
SE :P - - ,�3
CITYCLFRK, VOt.ti
CITY OF SOUTH BEND. PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
Eric Horvath, Director
September 3, 2013
Mr. Derek Dieter
President
South Bend Common Council
Ms. Valerie Schey
Chairman of the Utilities Committee
South Bend Common Council
In Re: Revision to Chapter 16 (Refuse), Articles 2 and 4
Dear President Dieter and Utilities Committee Chairman Schey,
The attached ordinance is offered for Council consideration. Chapter 16 of the City of
South Bend Municipal Code, which regulates yard waste management in the City, is
being revised. The purpose of the revision is to prohibit yard waste from being collected
and delivered to the Organic Resources Facility (ORF) in plastic bags, as required by
solid waste regulations in the State of Indiana.
The ORF is permitted to process vegetative waste only, and cannot accept or store non
compostable materials. This revision will allow the ORF to manage and process
vegetative waste in accordance with Indiana Department of Environmental Management
(IDEM) rules and regulations. The ORF was recently inspected by the IDEM Office of
Solid Waste and violations were noted related to the acceptance and storage of plastic
bags and other non compostable materials.
I will make the formal presentation to the Council and will be available should you have
any questions. I can be reached at 574 - 271 -4210 or at agreek @southbendin.gov.
Sincerely,
Al Greek
Division Director — Environmental Services
Cc: Pete Buttigieg, Mayor
Matt Sikora, Director of Special Projects
Kathryn Roos, Chief of Staff
Eric Horvath, Director of Public Works
Mark Neal, Controller
Andre Price, Manager of Solid Waste Operations
Filed In CIt.. ; ` office
E SEF 2Q1
JOn m. ucs E
CITY CLERK, SOUTH FEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF TIIE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO
REINSTATE ARTICLE 2, SECTION 17 -27.1 HAULED SEPTIC WASTE
STATEMENT OF PURPOSE AND INTENT
In 2004 the City of South Bend (the City) amended the South Bend Municipal Code to
add Section 17 -27.1 to Chapter 17, Article 2 which regulated hauled residential septic tank and
similar liquid waste, and assessed a charge of $0.06 per gallon to haulers of septic waste who
desired to discharge such waste at the City's Wastewater Treatment Plant. The City has
discovered that in amending Chapter 17 Article 2 of the South Bend Municipal Code to comply
with the Clean Water Act as required by the federal Environmental Protection. Agency (EPA),
Section 17 -27.1 was inadvertently eliminated. It is important to include regulation and charges to
residential septic tank and similar liquid waste haulers. This ordinance reinstates Chapter 17,
Article 2, Section 17 -27.1 as originally adopted.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 17, Article 2, of the South Bend Municipal Code be and hereby is
amended to reinstate former Section 17 -27.1 to read in its entirety as follows:
Sec. 17.-27.1. Hauled septic tank waste and similar liquid waste discharge
requirements and rates.
(a) Generally. Hauled septic tank waste and similar liquid waste is amenable to
treatment at the South Bend Wastewater Treatment Plant. Only hauled septic tank
waste from residential locations will be accepted. Hauled septic waste from industrial
and commercial allocations is prohibited.
(b) Permitting Requirements. Any septic tank waste hauler must have a valid permit
issued by the State of Indiana, Department of Environmental Management in order to
discharge at the South Bend Wastewater Treatment Plant. In addition each septic
tank hauler must complete a discharge application with the City of South Bend
Division of Environmental Services prior to receiving approval to discharge at the
South Bend Wastewater Treatment Plant.
(c) Rates and charges.
(1) Each hauler of septic tank waste shall be required to complete discharge
records at the plant indicating the origin of location(s) for each tanker discharged
Charges shall be six cents ($0.06) per gallon on a full tanker basis The hauler shall
be charged the full tanker volume for each discharge regardless of actual discharge
volume, unless the City installs metering. At that time, charges shall be six cents
($0.06) per gallon as metered.
(2) The rates and charges for hauled septic waste shall be subject to the same
rate adjustments as unmetered sewage rate for Class I users as described in subsection
17-21(b).
Section 11. 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 C96cil
Attest: and
MU011 on
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
L
'DiNG
pj!;1-3 BLANNG
-nNG
E D
PASSED.
CITY OF SOUTH BEND PETE BUTTIGIFG, MAYOR
DEPARTMENT UP PUBLIC WORKS
October 9, 2013
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amending the South Bend Municipal Code To Reinstate Section 17 -27.1 of
Chapter 17, Article 2 — Hauled Septic Tank Waste
Dear President Dieter:
Attached for filing with the South Bend Common Council is an Ordinance to amend the
South Bend Municipal Code at Chapter 2, Article 17 by reinstating Section 17 -27.1 as previously
adopted in 2004. That Section addresses regulations for hauled residential septic tank and other
liquid waste, and it was inadvertently deleted from South Bend Municipal Code when Chapter
17 Article 2 was substantially amended in 2011 to comply with the Clean Water Act under
Ordinance No. 10095 -11.
Because regulation for the hauling of residential septic tank and similar liquid waste to
the South Bend Wastewater Treatment Plant, and the assessment of fees for such hauling is
important to the Plant operation, it is necessary to reinstate Section 17 -27.1 of Chapter 17,
Article 2 of the South Bend Municipal Code.
Either I, or Environmental Services Division Director Al Greek, will present this Bill to
the Common Council at its appropriate committee meeting and at the public hearing during the
Common Council's regular meeting.
Thank you for your consideration of this matter.
Sincerely, c.
p N, <� f
el
Eric :'Ho ath, PE
Public Works Director nv
t
cW�'
AMD /cw
cc: Kathleen Cekanski - Farrand
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2,
OF TIIE SOUTIi BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND
CHARGES INCREMENTALLY TIIROUGH 2017
STATEMENT OF PURPOSE AND INTENT
On June 28, 2010 South Bend enacted a sewer rate adjustment through Ordinance
#10019 -10 which set rates for the years 2010 through 2013. At this time the 2013 rates in
Ordinance #10019 -10 apply to South Bend's sewer utility customers.
South Bend received a National Pollution Discharge Elimination Permit ( NPDES) in
conjunction with a Long Term Control Plan (LTCP) required by the federal Environmental
Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) to
greatly reduce combined sewage overflow (CSO) events in the St. Joseph River in compliance
with the Clean Water Act. The LTCP resulted from a negotiated consent decree to resolve a
complaint by EPA and IDEM alleging that South Bend had violated sections of the federal Clean
Water Act.
South Bend's cost of complying with the LTCP and its NPDES Permit in protecting the
St. Joseph River is substantial, and South Bend has prudently planned for this remediation
through'a 20 year environmental infrastructure improvement and replacement process. The cost
of river protection through improvements to the sewage utility's infrastructure is financed
through sewer rates, and South Bend's current rates are inadequate to cover total EPA mandated
changes to the City's sewage treatment system, as recognized in Ordinance #10019 -10.
Additionally, South Bend's basic costs of operation and maintenance of its sewer utility have
increased despite innovative cost savings programs initiated by the City's Environmental
Services Department.
The sewer rates which have been in effect for the past four years were implemented on an
incremental basis to correspond with projected near future increased costs of Clean Water Act
remediation, and the expected increased costs of general operation and maintenance over a four
year period. The additional income to the utility will pay for improvements to separate sewers, to
reduce sewage overflows to basements, and to increase capacity of the Wastewater Treatment
Plant. This incremental approach to maintaining a fiscally sound sewer utility capable of
complying with South Bend's federal NPDES Permit should be continued for the next four years
to avert potential double digit rate hikes in the near future. The rates set forth in this ordinance
remain highly competitive with those of similarly situated Indiana cities.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND as follows:
Section I. Chapter 17, Article 2, Division 4, Section 17 -20 of the South Bend Municipal
Code be and hereby is amended to read as follows:
Section 17 -20. Rates established.
Every person whose premises are served by said sewage works shall be charged for the service
provided. These charges are established in order that the sewage works shall recover revenue
which is proportional to its use of the treatment works in terms of volume and load. User charges
are levied to defray the cost of operation and maintenance (including replacement) of the
treatment works. User charges are subject to the rules and regulations adopted by the U.S.
Environmental Protection Agency published in the Federal Register February 17, 1984 (40
C.F.R. 35.2140). Replacement costs, which are recovered through the system of user charges,
shall be based upon the expected useful life of the sewage works equipment.
Section II. Chapter 17, Article 2, Division 4, Section 17 -21 of the South Bend Municipal
Code be and hereby is amended to read as follows:
Section 17 -21. Sewage rates determination.
(a) Generally. For the use of the service rendered by sewage works, rates and charges shall be
collected from the owners of each and every lot, parcel or real estate or building that is connected
with the City sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or
other liquids, either directly or indirectly, into the sanitary sewage system of the City of South
Bend. Such rates and charges include user charges, debt service costs, excessive strength
surcharges and other service charges, which rates and charges shall be payable as hereinafter
provided.
(b) Schedule of Rates and Charges
(1) The sewage rates and charges shall be based on the quantity of water used on or in the
property or premises subject to such rates and charges as the same is measured by the water
meter there in use, plus a base charge based on the size of water meter installed, except as herein
otherwise provided. For the purpose of billing and collecting the charges for sewage service, the
water meters shall be read monthly and the users shall be billed each month (or period equaling a
month). The water usage schedule on which the amount of said rates and charges shall be
determined is as follows:
Schedule of Rates and Charges
2010* 2011
201-2 2013
2014
2015
2016
2017
Metered Rates
(per 100 cubic feet)
$2.65
$2.89
$3.15
$3.43
Base Monthly Charge
5/8 inch meter 194 21:7
23
$28.1 4
30.68
33.44
$36.45
3/4 inch meter $2
31-9 34,g
37.93
14LL5
14LU
$49.12
1 inch meter 4SSI 5&A
5 5 9A9
$64.84
$70.68
$77.04
$83.9 7
1 1 /2inch meter 4&309 $
2:4g 431:30_
145.52
$158.61
$172.8 9
188.45
2 inch meter X3:80 191:62
222.67
248.16
$270.4 9
294.84
$321.3 7
3 inch meter 437:4
4a1.;g0 51-97
566.48
$617.4 7
673.0
$733.61
4 inch meter ZF30 774
849 -1 92}3
1 006.4
$1,097.06
$1,195.7 9
1 303.41
6 inch meter 1-39. 1 -74095
$ . 65 0
$2,253.41
$2,456.22
$2,677.28
$2,918.23
8 inch meter
$4,015.13
$4,376.5 0
4 770.38
$5,199. 72
10 inch meter $4z,137-,04 36.
7{, q6:
$6,263.23
$6,826.92
$7,441.34
$8,111.06
12 inch meter 639 . 6- 968:41
- 595. 879-
$9,024.3
9 836.48
$10,721.77
$11,686.72
'Rates ..4fF.... 1. 1.1 20 10 Dece
Unmetered Monthly Rate
2018+ 244 2012
20B
2014 2015
2016
2017
Per Single Family
Residential Dwelling Unit
$33.04 $3691 $39.25
$42.78
$46.63 JLOM $55.4 0
60.39
(2) For the service rendered to the City of South Bend said City shall be subject to the same rates and
charges established in harmony therewith.
(3) In order to recover the cost of monitoring industrial wastes, the City shall charge the user not less
than $100.00 per sampling event plus the actual cost for collecting and analyzing the sample(s) as
determined by the City or by an independent laboratory. This charge will be reviewed on the same
basis as all other rates and charges in this ordinance.
(c) Former Wholesale Users.
(1) Billing for sewage services to previously designated Class II wholesale users shall be in
accordance with the executed intermunicipal contract for wastewater treatment services, but such
contracts shall not be extended after their expiration dates due to elimination of the wholesale class
of users. This shall not affect authority to enter special rate contracts as provided in Section 17 -29
of this Chapter.
Section III. Chapter 17, Article 2, Division 4, Section 17 -23 of the South Bend Municipal Code be
and hereby is amended to read as follows:
Section 17 -23. IIcavy demand surcharge.
(a) In order that the rates and charges may be justly and equitably adjusted to the service rendered to
users, the City shall base its charges not only on the volume, but also on strength and character of
the stronger- than- normal domestic sewage and wastes which it is required to treat and dispose of
The City shall require the user to determine the strength and content of all sewage and wastes
discharged, either directly or indirectly into the sanitary sewage system, in such manner, by such
method and at such times as the City may deem practicable in light of the conditions and attending
circumstances of the case, in order to determine the proper charge. The user shall furnish a central
sampling point available to the City at all times.
(b) Normal sewage domestic waste strength should not exceed ammonia- nitrogen in excess of
twenty -five (25) milligrams per liter of fluid, suspended solids in excess of two hundred fifty (250)
milligrams per liter of fluid, biochemical oxygen demand in excess of two hundred fifty (250)
milligrams per liter of fluid, or phosphorus in excess of ten (10) milligrams per liter of fluid.
Additional charges for treating stronger- than - normal domestic waste shall be made on the following
basis:
Excess Strength of Waste Surcharges
- Suspended Solids (Per Pound)
(Concentration Limit 250 mg/1)
- Biochemical Oxygen Demand (Per Pound)
(Concentration Limit 250 mg/I)
- Ammonia Nitrogen (Per Pound)
(Concentration Limit 25 mg/1)
- Phosphorous (Per Pound)
(Concentration Limit 10 mg/1)
2810* 2044 291-2 2413 2014
$0. 146 $0.159 $0:173 $0.18 JQIL6
$0:193 $9.2-19 $0.229 $0.25 JM
$1.009 V40 V499 $1-307 1.425
$1 -7-19 $1=974 $2:043 $2,223 J2A21
2015
2016
2017
0.225
0.245
1120
0.297
JUN
JQIM
1.553
1.693
1.845
2.646
12M1 .
3.144
(c) The determination of suspended solids, biochemical oxygen demand, ammonia- nitrogen,
phosphorus, ammonia and COD contained in the waste shall be in accordance with the latest
copy of "Standard Methods for the Examination of Water and Wastewater," as writtdn by the
American Public Health Association, the American Water Works Association and the Water
Pollution Control Federation, and in accordance with "Guidelines Establishing Test Procedures
for Analysis of Pollutants," 40 C.F.R. Part 136.
(d) If the City and the user can agree upon the relationship between BOD and COD, then COD
may be used for calculating the BOD surcharge.
Section IV. Chapter 17, Article 2, Division 4, Section 17 -25 of the South Bend
Municipal Code be and hereby is amended to read as follows:
Section 17 -25 Review of rate schedule.
The sewage rates and charges set forth in the preceding section 17 -21 shall be revised and
adjusted for calendar year 204-4 2018 to assure adequacy in the cost of maintaining the City
sewer works in sound physical and financial condition necessary to render adequate and effective
service. However, until such adjustment, the sewage rates and charges in the preceding Section
17 -21 shall remain in full force and effect. Discussions between the City Administration and the
Common Council concerning sewer rates for 2014 2018 and thereafter shall commence by June
2013 2017. The Mayor and Common Council retain ultimate authority and responsibility for the
operations and finances of the Municipal Utilities.
Section V. This Ordinance shall be in full force and effect on January 1, 2014 after adoption by
the Common Council and approval by the Mayor.
Attest:
City Clerk
of
Member, Sou th Bend Cornmongouncil
slgrOrn, ' '7)
CounU
Presented by me to the Mayor of the City of South Bend, Indiana on the
2 1 at o'clock . M.
Approved and signed by me on the _ day of
M.
1L,' RILI,D:Kr L o - ( (-(3
NMUC HEAR
3 rd kEAD;:\G
NOT APPPOVE[)
r Duy
PAS S ILL)
City Clerk
day
2—, at —o'clock _.
Mayor, City of South Bend, Indiana
?Wld
Pr°i C fen.
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
October 9, 2013
Mr. Derek Dieter
President, Common Council
0 Floor, Clerk's Office
County City Building
227 W. Jefferson Blvd.
South Bend, Indiana 46601
Dear President Dieter;
Attached is an ordinance amending sections of the South Bend Municipal Code to adjust sewer
rates and charges incrementally through 2017. The rates set forth in the attached Ordinance are
set based on requirements of the City's approved Long Term Control Plan (LTCP) for Combined
Sewer Overflows and the negotiated Consent Decree between the City of South Bend, the United
States Environmental Protection Agency ( USEPA), and the Indiana Department of
Environmental Management (IDEM). This Consent Decree was entered into after the USEPA
and the IDEM filed a concurrent complaint alleging that the City of South Bend violated sections
of the Clean Water Act, the Indiana Code, and South Bend's National Pollutant Discharge
Elimination System ( NPDES) permit by discharging combined sewer overflows into waters of
the United States and waters of Indiana, and that those discharges have violated and continue to
violate South Bend's NPDES permit.
The proposed rates will support the first phases of the City's LTCP and will fund necessary
improvements to separate sewers, reduce sewage overflows to basements, and increase capacity
at the Wastewater Treatment Plant. The City has engaged a financial consultant, Crowe
Horwath, to prepare a Preliminary Rate and Financing Report.
Please contact me with any questions that you have on the changes to the sewer rate ordinance,
or the LTCP
Sincerely,
Eric C. orvath, PE
Public Works Director
Hed In
0` r.....LJ.0
a
1200 CouN Y-CrrY Bur mm
227 W. JEFPEREON BOULEVARD
SouTH BErm,IND7ANA 46601 -1830
CRISTAL C. BRISCO
CORPORATION COUNSEL
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF LAW
October 31, 2013
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Bill #60 -13 Palais Royale Appropriation
Dear President Dieter:
PHONE 574/235 -9241
Fax 574/235 -7670
ALnDFAN M. DEROSE
CITY ATTORNEY
6o-l3
This is to request a short postponement of the Committee hearing and regular Council
hearing on Bill 460 -13 which requests an appropriation of $21,000 within the Palais Royale
Historic Preservation Fund #450. Hearing on this Bill had been postponed by the Council from
October 28, 2013 to November 11, 2013. Regrettably, on November 11 Dennis J. Andres will be
unable to attend and make the presentation. Please, therefore, postpone hearing on Bill 460 -13
to the Council's next meeting date of November 25, 2013.
Thank you.
Aladean M. DeRose
City Attorney
cc: Dennis J. Andres
n icj
it;T,sif
IN
IIiF.RYL A. GREF.NE. ANN- CAROL. N�,+A�S�H CARRIE GAINES
CORY HAMEL LAWRENCE J. METEWER TASHA REED OUTLAW JEFFREY L. SANFORD
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $21,000.00 FROM THE PALAIS ROYALE HISTORIC
PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE HISTORIC
EXTERIORANTERIOR OF THE VENUE.
STATEMENT OF PURPOSE AND INTENT
The Palais Royale Historic Preservation Fund (Fund 450) was established for continuing historic
preservation, maintenance, and repair of the Palais Royale, a historic landmark in downtown South Bend
listed since 1984 on the National Register of Historic Places, and contiguous to the Morris Performing
Arts Center.
Pursuant to Ordinance No. 9706 -06, the Palais Royale Historic Preservation Fund shall be used
for the sole purpose of assisting with the continued historic preservation, maintenance, and repair of the
Palais Royale building and related facilities, and hereby requests those funds to be released to make said
repairs to the stone mortar, reseal areas around the exiting windows on the exterior of the building, and
repair related damage to the interior wall of the multipurpose room located on the P Floor of the Palais
Royale. The amount of $21,000.00 is requested for appropriation.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA as follows:
Section I. The following sum of money is hereby appropriated and ordered set apart from and
within the Palais Royale Historic Preservation Fund for restoration of the historic stone on the exterior of
the Palais Royale, specifically around the existing windows, and to repair related interior wall damage
caused by water seepage.
Account Number Description Amount
450 Palais Royale Historic Preservation Fund $21,000.00
Section II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Attest:
City Clerk
r� S ;d�— _
Member, South Bend Common C cil
GGUilvt.
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2_, at o'clock _. m.
Approved and signed by me on the
Cn��4-3
R =p,1':NG
EL;C HE ?SRI \G.
d REANNG If
)T psrizc; FO- ,
FERRED
\SSED
City Clerk
day of 2_, at
Mayor, City of South Bend, Indiana
'Hed in Clerk's Cf#Ece:.
T w. li3
JOBK,- vuov,UE.
CITY CLERK, SOUI -H BEND, IN
`%Xze
PERFORMING ARTS CENTER * SOUTH BEND, IN
October 4, 2013
Derek Dieter
President, South Bend Common Council
County -City Building
South Bend, IN 46601
Re: Palais Royale Historic Preservation Fund Appropriation
Dear Mr. Dieter:
I attach for filing with the South Bend Common Council an Ordinance requesting an
appropriation of $21,000.00 within the Palais Royale Historic Preservation Fund (Fund 450).
Revenues for this Fund are generated from a 2% surcharge assessed on all services provided in
connection with the use and rental of Palais Royale facilities.
Pursuant to Ordinance No. 9706 -06 the Palais Royale Historic Preservation Fund shall be used
for the sole purpose of assisting with the continued historic preservation, maintenance, and repair
of the Palais Royale building and related facilities.
The purpose for which the Morris Center desires appropriations consists of the following:
$21,000 Repairs to the historic stone work on the exterior of the Palais Royale
building, and to reseal areas around existing windows, and to repair
interior wall damage that was caused by water seeping into the building
from around exterior historic stone work.
The Morris Center Administration requests the Council's approval of this Ordinance that will
benefit the City and its citizens by maintaining and protecting their vested interest in the historic
building structure known as the Palais Royale.
Sincerely,
1Z.Andres
Executive Director
Attachment
Filed in Clare':. G .
CITE' CLERK, E U'- tt e!E11o, ita
E
Morris Performing Arts Center • 211 N. Michigan Street • South Bend, IN 46601
Office: (574) 235 -9198 • Fax: (574) 235 -5604 • www.MorrisCenter.org
tA1 OD ,
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
4004 TECHNOLOGY DRIVE
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF AN EIGHT (8) YEAR REAL
PROPERTY TAX ABATEMENT FOR
THE LEBERMUTH COMPANY, INC.
WHEREAS, the Common Council of the City of South Bend, .Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
4004 Technology Drive, South Bend, Indiana, and which is more particularly described
as follows:
Lot numbered Six (6) as shown on the recorded Plat of Landmark Business Park,
Section 3, recorded April 18, 1985 as Document Number 8506870 in the Office
of the Recorder of St. Joseph County, Indiana.
and which has Key Number 71- 03 -19- 200 - 010.000 -009 be designated as an Economic
Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for up to a period of eight (8)
years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further
determines that the petition, the Memorandum of Agreement between the Petitioner and
the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6,
of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
i.ta ✓li�'i,i
Member of the Common Counci
Signing of US blil is oray to pro�4.de an
oNG%n y for Public hpwri tg and
Courd action► on this issue,
Ic >rrj in Qi ,
CITY CL ER t , :JOL
Kathy Hahn
From: Phair, Paul <PPhair @holladayproperties.com>
Sent: Wednesday, October 09, 2013 4:39 PM
To: Kathy Hahn
Cc: Baker, Tim
Subject: Contractor and Material Info. for Lebermuth
Attachments: SCAN4653_000.pdf
Hello Kathy,
Attached is the information for the contractors and materials to be included for the confirming resolution. I assume that
this is early enough to get the confirming resolution on the agenda for the meeting on October 28`h.
In addition, Tim Baker and I would like to sit down with you and get a better understanding of how this particular
abatement was projected and how it will work since these are improvements to an existing facility. Are you available on
Friday morning at 9:45 to meet?
Thank you again for your assistance and we look forward to speaking with you soon.
Paul
Paul Phair, VP — Market & Tenant Relations
227 S. Main Street Suite 300 1 South Bend, IN 46601
D:(574)217 -4498 1 M:(574)529 -8006
HOLLADAY
am PROPERTIES
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RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
4528, 4536, 4546, 4606, 4612 Lake Blackthorn Drive; 6568 Dockside Drive; 4636,
4644, 4710, 4720, 4728, 4814, 4822 Starboard Drive; 6510, 6507 Still Waters
Court; 4938, 4954, 5011, 4935, 4915 Stern Line Court; 6535, 6530, 6634 Leeway
Drive; 5015, 4917 Masthead Court; 5002, 5010, 5013, 5003, 4925 Bow Line
Court; 4738, 4712, Portside Drive; 4627, 4611, 4604, 4614, 4624 Pier Court; 6613
Dockside Drive; 4711, 4719, 4821, 4829 Starboard Drive; 6530 Lake Crest Circle;
6735, 6747, 4736, 4739 Blackthorn Harbor Drive
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
COOREMAN REAL ESTATE GROUP, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially Distressed
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at
lake Blackthorn - Section One, South Bend, Indiana, and which is more particularly described as
follows:
LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE
A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP
38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP
LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE
OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING;
THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17
DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25
DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE
OF A NON - TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A
CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING
SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY
CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST,
A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A
DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A
DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD
BOOK 741, PAGES 475 -477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY,
INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95
FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9)
THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE
SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE
OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15
MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID
LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE
NORTH 0 DEGREES 03 MINUTES 20, SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89
DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03
MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES
51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS
WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A
DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF
100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET;
THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE
SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPLAT OF RIGHTER'S ORANGE ROAD
MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE
OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A ", NORTH 89 DEGREES 50
MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID
LOT "A ", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE
POINT OF CURVATURE OF A NON - TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD,
CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18
MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35
SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET;
THENCE SOUTH 0 DEGREES I1 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE
SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT
NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER
OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID
RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1)
SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89
DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES
45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF
OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89
DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT
LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151.
SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD.
and which has Key Numbers:
4528 Lake Blackthorn Drive
025 - 1010 -0176
4536 Lake Blackthom Drive
025 - 1010 - 017620
4546 Lake Blackthom Drive
025- 1010 - 017621
4606 Lake Blackthorn Drive
025- 1010 - 017622
4612 Lake Blackthom Drive
025 -1010- 017623
6568 Dockside Drive
025 -1010- 017625
4636 Starboard Drive -
025 - 1010 - 017626
4644 Starboard Drive
025 - 1010- 017627
4710 Starboard Drive
025 -1010- 017629
4720 Starboard Drive
025 -1010- 017630
4728 Starboard Drive
025 -1010- 017631
4814 Starboard Drive
025- 1010- 017635
4822 Starboard Drive
025- 1010 - 017636
6510 Still Waters Court
025 - 1010- 017637
6507 Still Waters Court
025 - 1010 - 017639
4938 Stem Line Court
025 -1010- 017644
4954 Stem Line Court
025 - 1010- 017646
5011 Stern Line Court
025 -1010- 017650
4935 Stem Line Court
025 - 1010 - 017655
4915 Stem Line Court
025- 1010- 017657
6535 Leeway Drive
025 - 1010 - 017658
5015 Masthead court -
025 - 1010- 017664
4917 Masthead Court
025 - 1010 - 017667
5002 Bow Line Court
025 - 1010 - 017672
5010 Bow Line Court
025 - 1010 - 017673
5013 Bow Line Court
025 - 1010 - 017674
5003 Bow Line Court
025 - 1010 - 017675
4925 Bow Line Court
025- 1010- 017677
4738 Portside Drive
025-1010-017687
4712 Portside Drive
025- 1010 - 017690
4627 Pier Court
025 - 1010 - 017693
4611 Pier Court
025 -1010- 017695
4604 Pier Court
025 - 1010 - 017697
Court
025 - 1010 - 017698
Court
025- 1010- 017699
kside Drive
025- 1010 - 017703
PStarboard
board Drive
025- 1010 - 017708
oard Drive
025- 1010 - 01 7709
Crest Circle
025 - 1010 - 017711
oard Drive
025 - 1010 - 017717
4829 Starboard Drive
025- 1010 - 017730
6530 Leeway Drive
025 - 1010 - 017719
6634 Leewa Drive
025- 1010 - 017724
6735 Blackthorn Harbor Drive
025 - 1010 - 017403
6747 Blackthorn Harbor Drive -
025 -1010- 017428
4736 Blackthorn Harbor Drive
025 - 1010 - 017429
4739 Blackthorn Harbor Drive
025- 1010 - 017728
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1
et sea., and South Bend Municipal Code Sections 2 -76 et sea., and;
.WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating
the area described herein as a Residentially Distressed Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to five (5) calendar years
commencing from November 12 2008 or the date of the adoption of the Declaratory Resolution
by the Common Council whichever date is later.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and fitrther determines
that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6 -1.1 -12.1 et sea.
SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
V ^T AF1 - 0 Mfr.:'.:.
Member of the Common Co cil
l.. ;. �'; °.? ✓i ?`a iitj fa 17 =.;";i :'a3 3 Stu f and
ili s�S+J utii L{ 'v` f�:.fi 161 and
Cound acuo>I on wo- lwof �.
Filed i n Clerk's {
j C z3�013 .
Joni
CITY CLERK, isOU ti SEND, IN
o
lo. �c 3
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE
BY THE INCLUSION OF NEW SECTION 4 -21 ENTITLED
BUSKERS AND SIDEWALK PERFORMERS
STATEMENT OF PURPOSE AND INTENT
"Busking" is a form of performing in public places which has its origin in Great Britain during
the 1800s. "Buskers" were people who would seek their fortunes by entert aining along public ways.
With the passage-of time, street performing became more "vibrant and diverse" with perhaps one of the
most popular busking locations today being Covent Garden in London.
Busking is considered today to be "artistic free speech" and has been distinguished from
panhandling and begging. Busking in public places may be constitutionally regulated by reasonably
addressing "time, place and manner" in the government's interest to maintain public safety, order,
welfare and convenience. Such restrictions must be narrowly tailored and "...must not be based on the
content of the message" but rather must "serve a significant governmental interest, [and] must leave
open ample alternatives for communication ", United States v. Grace, 461 U.S. 171, 177 (1983).
Furthermore, governments "...may not delegate overly broad licensing discretion to a government
official', Freedman v. Maryland, 380 U.S. 56 (1965). "Governmental regulations that allow arbitrary
application are `inherently inconsistent' with valid time, place and manner regulations, because such
discretion has the potential to suppress particular viewpoints ", Heffron v. Int'1 Soceity, for Krishna
Consciousness, Inc., 452 U.S. 640, 649 (1981). The U.S. Supreme Court has also addressed "artistic
expression" noting that this status does not change if the speech is "sold rather than given away ", City of
Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750, 756 (1988).
Many cities throughout the United States have passed busking ordinances, including but not
limited to Baltimore, Boston, Cambridge, Chicago, East Lansing, Hartford, Kansas City, New Orleans,
New York, Santa Monica, Seattle, Spokane, St. Louis, Toledo, and Wilmington, N.C., and Worcester.
Several of these ordinances have been reviewed to determine the "best practices" in this area.
The following regulations are aimed to further promote the vibrancy of the City of South Bend's
downtown. They are also proposed to further the governmental interest in preserving public safety,
order, welfare and convenience while balancing those interests with protecting the rights of individuals
under the First Amendment. First Amendment rights are applicable to the states through the Fourteenth
Amendment and provide in part that "Congress shall make no law... abridging the freedom of speech ".
Music has been addressed by the U.S. Supreme Court and found to be "...a form of expression and
communication" which is protected under the First Amendment, Ward v. Rock Against Racism, 491 U.S.
781, 790 (1989). Therefore any permit and fee requirements may not constitute prior restraint on
speech, Forsyth County, Georgia v. Nationalist Movement, 505 U.S. 123, 130 (1992).
Busker and Sidewalk Performer Ordinance
Page 2
The following regulations are designed to be a pilot program in South Bend's Downtown Central
Business and Entertainment Area, which if successfully implemented, may be expanded to other parts of
the City of South Bend, Indiana. These regulations shall be formally reviewed by the South Bend
Common Council and the City Administration no later than August 1, 2014, to determine whether the
pilot program should be enlarged so that other areas of the city may be incorporated. The regulations
are believed to be consistent with the "Memorandum and Order" issued by the U.S. District Court,
Easter District of Missouri, Eastern Division on July 30, 2013 in Nick Pence, et al v. City of St. Louis,
Missouri, Case No. 4:13CV871 CDP, which is the most recent decision issued on similar legislation.
9�Q, GnMarda4wd by the Common Council of the City of South Bend, Indiana, as
follows:
Section 1. Chapter 4, Article 4 of the South Bend Municipal Code is amended by the inclusion of new
Section 4 -21 which shall read in its entirety as follows:
See. 4 -21 Buskers and Sidewalk Performers.
(a) Definitions: For purposes of this Section, the following definitions shall apply:
(1) Busker(s) means and includes person(s) who wish to perform on public sidewalks as
entertainer(s).
(2) Central Business and Entertainment Area means the area depicted in the attached
Exhibit A -1.'
(3) City shall mean City of South Bend through its Office of the City Controller in the
Department of Administration and Finance.
(4) Designated locations shall mean areas on public sidewalks located within the Central
Business and Entertainment Area which have been approved by the City's Director of the
Department of Public Works or his/her designee and are conspicuously marked as
locations for performing which would not negatively impact preserving public safety,
order, welfare and convenience.
(5) Perform shall mean forms of entertainment which do not violate the noise regulations set
forth in Sections 3 -9, and 13 -57 of the South Bend Municipal Code ".
(6) Sidewalk Performer(s) shall have the same meaning as busker(s).
(b) Permit Required: No person who wishes to perform as a busker or sidewalk performer in
the Central Business and Entertainment Area shall do so without a permit required by this Section from
the Office of the City Controller.
Busker and Sidewalk Performer Ordinance
Page 3
(c) Application: Any person wishing to perform as a busker or sidewalk performer must file a
completed application through the Office of the City Controller. Said application shall require:
(1) Name, address, cell telephone number and email of person(s) wishing to perform,
(2) Provide proof of identity by a government or school issued identification card or
license,
(3) If a minor (under the age of 18 years of age) consent of parent or legal guardian,
(4) Description of form of entertainment the applicant wishes to perform, and
(5) Signature of the applicant that he /she acknowledges receiving a copy of the
governing regulations and agrees to abide by such regulations if his/her application is
approved.
(d) Permit Conditions: All persons who are to be issued a permit under this section shall:
(1) Be authorized to perform for the calendar year for which the permit is issued, except on
dates which are excluded.
(2) Be authorized to perform at a designated location on a first come first serve basis.
(3) Be authorized to perform on Mondays through Thursdays from 8:00 a.m. to 9:00 p.m.
and from 8:00 am to 11:00 p.m. on Friday through Sundays.
(4) Be required to pay the permit fee of twenty dollars ($20.00) for said calendar year.
(5) Be required to prominently display the permit issued while performing.
(6) Not be required to get a permit under South Bend Municipal Code § 13 -57 (d) "Permit
for playing noncommercial music in public places ".
(7) Not block the passage of the public through a public area on the sidewalk in order to
maintain public order and convenience, with blockage or obstruction to such public way
being dispersed by police upon complaint to allow passage of the public.
(8) Not offer for sale any merchandize at any designated location.
(9) Not use extension cords in light of public safety concerns but may use battery- powered
microphones and/or amplified speaker(s) so long as such equipment is used in
compliance with South Bend Municipal Code § 3 -8 addressing "Advertising with music
for commercial purposes prohibited" and South Bend Municipal Code § 3 -57 addressing
"Unreasonable noise ".
(10) May accept monetary donations while performing with such donations not being
considered as a prohibited act under South Bend Municipal Code § 13 -26 so long as the
Busker and Sidewalk Performer Ordinance
Page 4
solicitation is not done in an aggressive manner which recklessly interferes with
pedestrian safety and /or vehicular traffic."'
(11) Not be performing within ten feet (10') of any street corner, marked pedestrian
crosswalk, entrance to any building, driveway, curb cut, outdoor eating area, emergency
exit in order to not obstruct or block the free and safe movement of pedestrians or blocks
the site vision needed for the safety of motor vehicle drivers.
(12) Not perform less than fifty feet (50') from another busker or sidewalk performer.
(13) Not have any equipment or items used for performing which obstructs or blocks
the free and safe movement of pedestrians or blocks the site vision needed for the safety
of motor vehicle drivers; with all stages and platforms being prohibited. No equipment
or items used for performing shall be left unattended by the busker or sidewalk
performer.
(e) Permit Non - Transferable: All permits issued under this section are non - transferable.
(f) Days Excluded from Performing: Annual special events taking place in the Central Business
and Entertainment Area and other events requiring the use of sidewalks in this Area take precedence
over buskers and sidewalk performers. The Clerk to the Board of Public Works shall be responsible for
notifying all persons seeking a permit under this section of such annual special event dates, and at least
seventy -two (72) notice of new events which are approved requiring the use of such designated areas.
(g) Refusal to Issue Permit; Suspension or Revocation of Permit: The City may refuse to issue a
permit, and any permit issued under this Section may be suspended or revoked. Such actions shall be
governed by Section 4 -16 of the South Bend Municipal Code.
(h) Penalties: Any person violating any provisions of this Section shall be issued an ordinance
violation citation. Penalties shall be one hundred dollars ($100.00) for the first violation; two hundred
fifty dollars ($250.00) for the second violation and five hundred dollars ($500.00) for all violations
thereafter. Payment of penalties up to two hundred fifty ($250.00) shall be made through the Ordinance
Violations Bureau. Failure to make payment within thirty (30) days of the issuance of the citation shall
result in a late fee of an additional fifty dollars ($50.00) for every thirty (30) days it remains unpaid.
Any one who is issued a permit under this Section in 2013, said permit shall also be valid
throughout the 2014 calendar year.
Section II. Severability Clause: If any subsection, sentence, clause, phrase or word of this
ordinance is declared to be unconstitutional or otherwise invalid by a Court of proper jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance.
Busker and Sidewalk Performer Ordinance
Page 5
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.
Tim Scott, 1 "- 13striOlt—Countdf Member
The South Bend Common Council
"
Office of the City Clerk
2013 at o'clock m.
Office of the City Clerk
-*iroaaiandel by me on the _ day of 2013 at _ o'clock _.m.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
uromance rvo. vz6v -ot passea by the south bena common Uouncnl on November 26, 2001, approved the Central Business
Entertainment Area depicted on Exhibit A -I attached hereto and included herein by reference.
n South Bend Municipal Code § 3 -8 addresses "Advertising with music for commercial purposes prohibited" and South Bend Municipal
Code § 3 -57 addresses "Unreasonable noise ".
'111 It is the intent of the South Bend Common Council that only buskers or sidewalk performers who solicit in an aggressive manner
constitutes a reckless interference with pedestrian and vehicular traffic and is therefore prohibited; which is consistent with Greater
Cincinnati Coalition for the Homeless and Charles Gooden v. City ofCincinrati, 56 F. 3d 710 (0 Cir. 1995)
1 sl READING l `J1
PUBLIC HEAR1Nd
3 rd READING
NOT APPROVED
REFERRED
PASSED
Iced In f :...
01i °tl j i
Glif CLE HNS OORD a
P9ii. 1. , ,
OUT g�
4s
City of South Bend
�..M s°
a PKkC6 /, a2
W Common Council
1865 441 County -City Building • 227W. Jefferson Blvd
South Bend, Indiana 46601 -1830
Derek D. Dieter
President November 5, 2013
Oliver J. Davis Members of the Common Council
Vice - President 4s' Floor County -City Building
Karen L. White South Bend, Indiana 46601
Chairperson, Committee
of the Whole Re: Proposed Busker and Sidewalk Performer Ordinance
(574) 235 -9321
Fax (574) 235 -9173
http: //w southbendin.gov
Tim Scott Dear Council Members:
First District
I am pleased to introduce another measure which is geared to further promote the
Henry Davis, Jr. growing vibrancy of our Central Business and Entertainment Area in downtown
Second District South Bend. This would be a pilot program which would be reviewed by the
Valerie Schey Council, the Administration, the downtown businesses and the public no later
Third District than August 1 of next year.
Fred Ferlic Many cities throughout the world are more "alive" today by the presence of
Fourth District "buskers" — people :rho are entertaining on city sidewalks. This has resulted in
more persons being attracted to downtown because of the air of excitement and
David Varner fun — a real destination where people want to be a part of the action, while they
Fifth District dine at restaurants, visit museums, work, and visit downtown residents and
Oliver J. Davis
businesses.
Sixth District The proposed regulations delicately balance the rights of the First Amendment
Derek D. Dieter with the City's governmental interest to maintain good public safety, order,
At Large welfare and convenience. Any violations would be complaint driven, however in
the interest to minimizing potential violations, the regulations would be provided
Gavin Ferlic to everyone who applies to be a busker or sidewalk performer.
At Large
Downtown South Bend is continuing to see businesses being revitalized and more
Karen L. White new businesses locating here. They are providing diverse, creative and new
At Large opportunities for young and old, residents and visitors — for all to wish to come
and explore our downtown. Let's keep the momentum going!
Most si cere ,
Tim Scott _-
ls` District Council Member
Attachments
JOHN Vil` PIVI:
CITY CLERK, EZIt, 3N'
0o, WA3
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2- 121(a) OF THE
SOUTH BEND MUNICIPAL CODE TO REINSTATE ONE NON - DESIGNATED
HOLIDAY
STATEMENT OF PURPOSE AND INTENT
The Common Council last amended Chapter 2, Article 8, Section 2- 121(a) on December 10,
2012 when it recognized Martin Luther King's birthday as a designated City officer /employee
holiday recognizing his significant contribution to the character of our community, thereby
increasing the total number of designated City holidays from nine to ten, and eliminating the one
non - designated holiday, of which Martin Luther King's Day had been one among several which
City employees could select. (Ordinance No. 10211 -12)
At this time, in the interest of morale of City officers and employees and to better accommodate
persons of all religions, the floating holiday will be reinstated by eliminating Good Friday as a
designated holiday, and by permitting City employees to select any day of their choice; as a
"non- designated holiday ", including Good Friday or any other day an individual officer or
employee should choose.
NOW, THEREFORE BE IT ORDAINED AND DECREED BY THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Commencing in calendar year 2014 Good Friday shall no longer be eligible
for designated holiday status by the Board of Public Works when approving designated holidays
for officers and employees of the City of South Bend.
SECTION II. Chapter 2, Article 8, Section 2- 121(a) of the South Bend Municipal Code
shall be and hereby is amended to read as follows:
Sec. 2 -121. Holidays.
(a) Officers and employees shall receive nine 9 ten (10) designated holidays as
approved by the Board of Public Works.- and one (1) additional non-designated
holiday which can be any day of the calendar Year selected by each officer or
employee.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
Attest:
City Clerk
Member of the Common Co cil
Signing of this hlil is only to pro`Vxds an
opporwz,s;.`® tur pnUic hearing and
Council action on this issue.
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 , 2 ,
at o'clock, .m.
PU3LC if,!.RiNG
Mayor, City of South Bend, Indiana
Filed In Clam's G kt�qlr
i1V - .; 2013 {{
CITY CL & , MF-H: pw,im
120ON CouNrr -CITY BcnLDnvc
227 W JEFFERSON BLVD.
SOUTH BEND, INDjANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
PHoNe574/235 -9216
FAX 574/235 -9928
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 6, 2013
Mr. Derek Dieter
President, South Bend Common Council
4'h Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amending the South Bend Municipal Code — Holidays
Dear President Dieter:
Attached for filing with the South Bend Common Council, and in the interest of employee
morale, is a Bill/ Ordinance amending Chapter 2, Article 8, Section 2- 121(a) of the South Bend Municipal
Code pertaining to holidays for officers and employees of the City of South Bend.
As you know, on December 10, 2012, the South Bend Common Council passed Ordinance No.
10211 -12 which recognized Rev. Martin Luther King's birthday as a designated holiday for City officers
and employees. This increased the number of designated holidays from nine to ten, and eliminated one
non - designated holiday. Chapter 2, Article 8, Section 2- 121(a) of the South Bend Municipal Code was
amended accordingly.
At this time, to increase morale and better accommodate persons of all religions, Good Friday
will be eliminated as a designated holiday to be replaced by one non - designated holiday which can be any
day selected by each City officer or employee. This necessitates another amendment to the Municipal
Code, Chapter 2, Article 8, Section 2- 121(a) which will now provide for nine designated holidays and one
non - designated holiday of each officer or employee's choice.
1 will present this Bill to the Common Council at its appropriate committee meeting and at the
public hearing during the Common Council's regular meeting.
Thank you for your consideration of this matter.
Sincerely,
Mark W. Neal ,
City Controller
L r,t'vft 6
sJ
CITY 0 L .FW, .SOUTH SEND, IN