HomeMy WebLinkAbout12-09-13 Common Council Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, DECEMBER 9, 2013 7:00 P.M.
1. INVOCATION - FATHER DAVE PORTERFIELD
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
S. SPECIAL BUSINESS
A. ANNOUNCEMENT OF OPENINGS ON COMMISSIONS AND BOARDS
B. A MOTION TO RE -SET PUBLIC HEARING AND 2ND AND 3RD
READINGS ON BILL 62 -13 THE SPECIAL COMMON COUNCIL
MEETING TO BE HELD ON 12 -16 -13 AT 5:00 P.M.
C. BILL 13 -84 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, HONORING AND
CONGRATULATING THE MICHIANA POP WARNER LITTLE SCHOLARS
JR. PEE WEE BULLDOGS FOR WINNING THE NORTHERN INDIANA
POP WARNER DIVISION 3 STATE CHAMPIONSHIP
D. 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:
BILL NO.
65 -13 PUBLIC HEARING 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
68 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING HAZARDOUS MATERIALS AND TACTICAL
RESCUE TEAM
69 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH
BEND MUNICIPAL CODE REQUIRING ELECTRONIC
REPORTING OF TRANSACTIONS BY PRECIOUS METALS
DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL
DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND
RECYCLING OPERATIONS REGULATED BY SECTION 4 -51
AND BY SECONDHAND STORES REGULATED IN SECTION 4-
53
71 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2013 OF $90,000 FROM
PARKS & RECREATION FUND ( #201), $16 FROM
DEPARTMENT OF COMMUNITY INVESTMENT GRANT FUND
( 4213), $675,000 FROM LIABILITY INSURANCE &
PREMIUM RESERVE FUND ( #226), $750,000 FROM LOSS
RECOVERY FUND ( #227), $37,378 FROM HUMAN RIGHTS
GRANT FUND ( #258), $30 FROM ECONOMIC DEVELOPMENT
REVENUE BOND FUND ( #281) $450,000 FROM EMS
CAPITAL IMPROVEMENT FUND ( #288), $475,000 FROM
COUNTY OPTION INCOME TAX FUND ( #404), $700,000
FROM SELF - FUNDED EMPLOYEE BENEFIT FUND ( #711)
72 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2013 OF $294,344 FROM
SOLID WASTE FUND ( #610), ($84,000) FROM SOLID
WASTE DEPRECIATION FUND ( #611), $418,872 FROM
SEWAGE WORKS GENERAL OPERATIONS FUND ( #641),
($418,872) FROM SEWAGE WORKS CAPITAL FUND ( 4642),
$13 FROM 2006 SEWER BOND FUND ( 4645), $63 FROM
2007 SEWER BOND FUND ( #647), $699 FROM CLAY
SEWAGE WORKS OPERATIONS FUND ( #650), $113 FROM
2007B SEWER BOND FUND ( 4651), $331 FROM 2010
SEWER BOND FUND ( #658), ($2,100,000) FROM 2013
SEWER BOND FUND ( 4663) AND $215 FROM 2013 SEWER
REFUNDING BOND FUND ( #664)
73 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2013
74 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE
2013 SALARY ORDINANCE NO. 10199 -12 FOR APPOINTED
OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY
OF SOUTH BEND, INDIANA TO ADDRESS CERTAIN ZOO
EMPLOYEE COMPENSATION
75 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING 2014
SALARY ORDINANCE #10266 -13 FOR APPOINTED OFFICERS
AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH
BEND
76 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE
LEGAL DESCRIPTION AND MAP WITHIN ORDINANCE NO.
10165 -12 TO EXPAND THE BOUNDARIES OF THE EXISTING
RIVERFRONT DEVELOPMENT PROJECT AREA UNDER IND.
CODE 7.1- 3 -20 -16
67 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE
FINAL INTERFUND LOAN AMORTIZATION SCHEDULES FOR
MAJOR MOVES FUND 412 ADVANCES TO THE NORTHEAST
RESIDENTIAL TIF FUND 436 IN CONNECTION WITH THE
EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT
PROJECTS
8. BILLS, THIRD READING TIME:
BILL NO.
65 -13 THIRD 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
68 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING HAZARDOUS MATERIALS AND TACTICAL
RESCUE TEAM
69 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH
BEND MUNICIPAL CODE REQUIRING ELECTRONIC
REPORTING OF TRANSACTIONS BY PRECIOUS METALS
DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL
DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND
RECYCLING OPERATIONS, REGULATED BY SECTION 4 -51
AND BY SECONDHAND STORES REGULATED IN SECTION 4-
53
71 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2013 OF $90,000 FROM
PARKS & RECREATION FUND ( #201), $16 FROM
DEPARTMENT OF COMMUNITY INVESTMENT GRANT FUND
( #213), $675,000 FROM LIABILITY INSURANCE &
PREMIUM RESERVE FUND ( 4226), $750,000 FROM LOSS
RECOVERY FUND (##227), $37,378 FROM HUMAN RIGHTS
GRANT FUND ( #258), $30 FROM ECONOMIC DEVELOPMENT
REVENUE BOND FUND ( #281) $450,000 FROM EMS
CAPITAL IMPROVEMENT FUND ( #288), $475,000 FROM
COUNTY OPTION INCOME TAX FUND ( #404), $700,000
FROM SELF - FUNDED EMPLOYEE BENEFIT FUND ( #711)
72 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2013 OF $294,344 FROM
SOLID WASTE FUND ( #610), ($84,000) FROM SOLID
WASTE DEPRECIATION FUND ( #611), $418,872 FROM
SEWAGE WORKS GENERAL OPERATIONS FUND ( #641),
($418,872) FROM SEWAGE WORKS CAPITAL FUND ( #642),
$13 FROM 2006 SEWER BOND FUND ( #645), $63 FROM
2007 SEWER BOND FUND ( #647), $699 FROM CLAY
SEWAGE WORKS OPERATIONS FUND ( #650), $113 FROM
2007B SEWER BOND FUND (#651), $331 FROM 2010
SEWER BOND FUND ( #658), ($2,100,000) FROM 2013
SEWER BOND FUND ( #663) AND $215 FROM 2013 SEWER
REFUNDING BOND FUND ( #664)
73 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2013
74 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE
2013 SALARY ORDINANCE NO. 10199 -12 FOR APPOINTED
OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY
OF SOUTH BEND, INDIANA TO ADDRESS CERTAIN ZOO
EMPLOYEE COMPENSATION
75 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING 2014
SALARY ORDINANCE #10266 -13 FOR APPOINTED OFFICERS
AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH.
BEND
76 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE
LEGAL DESCRIPTION AND MAP WITHIN ORDINANCE NO.
10165 -12 TO EXPAND THE BOUNDARIES OF THE EXISTING
RIVERFRONT DEVELOPMENT PROJECT AREA UNDER IND.
CODE 7.1- 3- 20 -16'
67 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE
FINAL INTERFUND LOAN AMORTIZATION SCHEDULES FOR
MAJOR MOVES FUND 412 ADVANCES TO THE NORTHEAST
RESIDENTIAL TIF FUND 436 IN CONNECTION WITH THE
EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT
PROJECTS
9. RESOLUTIONS
BILL NO.
13 -81 A RESOLUTION
SOUTH BEND,
AREA BOARD
LOCATED AT
INDIANA
OF THE COMMON COUNCIL OF THE CITY OF
INDIANA, APPROVING A PETITION OF THE
OF ZONING APPEALS FOR THE PROPERTY
5117 S. IRONWOOD DRIVE, SOUTH BEND,
13 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1020 WEBSTER STREET, SOUTH BEND,
INDIANA
13 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1106 GEORGIANA STREET AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KEVIN
AND KELLEY DEETH
13 -86 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 1028 NOTRE DAME AVENUE AS A
RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR MARIA JOSE FERNANDEZ MORENO &
FRANCISCO DE ASIS MARTINEZ JEREZ
13 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 215 NORTH SYCAMORE STREET AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (8) EIGHT -
YEAR REAL PROPERTY TAX ABATEMENT FOR EAST BANK
SOUTH BEND DEVELOPMENT LLC
13 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 1106 20' STREET, 1112 20' STREET AND
2007 NORTHSIDE BLVD. AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (9) NINE -
YEAR REAL PROPERTY TAX ABATEMENT FOR MECCA
COMPANIES, INC.
13 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 212 -220 WEST EWING AVENUE AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN -
YEAR REAL PROPERTY TAX ABATEMENT FOR DEMBY
ENTERPRISES, LLC
13 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
4701 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR SCHAFER INDUSTRIES,
INC
13 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, CALLING FOR MORE DETAILED
INFORMATION AND MULTIPLE OPTIONS FROM THE CITY
ADMINISTRATION SO THAT THE COMMON COUNCIL HAS THE
OPPORTUNITY TO MAKE THE MOST INFORMED DECISION
POSSIBLE IN DETERMINING THE MOST "JUST AND
EQUITABLE FEES FOR SERVICES RENDERED BY THE
SEWAGE WORKS"
10. BILLS, FIRST READING
BILL NO-
78-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2013 OF $500,000 FROM
SELF - FUNDED EMPLOYEE BENEFIT FUND (#$711)
79 -13 FIRST READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A
PORTION OF HILDRETH STREET FROM THE EAST RIGHT OF
WAY OF ESTHER STREET TO THE END OF THE EXISTING
CUL -DE -SAC FOR A DISTANCE OF 460 FEET, MORE OR
LESS, AND A WIDTH OF 60 FEET INCLUDING THE 60
FOOT RADIUS OF THE CUL -DE -SAC
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.
SUBSTITUTE BILL NO. 65-13
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 entertaining 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.
Intl 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 ofLakewood 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 farther 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).
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
Busker and Sidewalk Perfonner Ordinance
Page 2
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%6;c Wryae, &&orA#&1d by the Common Council of the City of South Bend, Indiana, as
follows:
Section I. 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:
Sec. 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 -Li
(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, except those areas which have been excluded by the Board of Public
Works for events approved for locations within this area; and any other public sidewalk
locations excluded by the Director of the Department of Public Works or his/her designee due to
public safety concerns
(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.
(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 ofperson(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.
Busker and Sidewalk Performer Ordinance
Page 3
(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 merchandise at any designated location.
(9) Not use electrical and extension cords of any kind 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
solicitation is not done in an aggressive manner which recklessly interferes with pedestrian
safety and /or vehicular traffic.
(11) Not be performing within twenty feet (20') 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.
Busker and Sidewalk Performer Ordinance
Page 4
(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)
hour notice of new events which are approved requiring the use of such designated areas.
(y,) 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.
1(�i 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.
(i) Any person who is issued a permit under this Section in 2013, said permit shall also be valid
throughout the 2014 calendar year.
Section 11. 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.
Section III. This ordinance shall be in full forc effect m and after its passage by the Common
Council, approval by the Mayor and legal publication.
Tim Scott, I' District Council Member
The South Bend Common Council
U
Office of the City Clerk
,r r me &, A /r r r r %pp r fJr r ffma.54 AAwt4 on day of
Office of the City Clerk
Busker and Sidewalk Performer Ordinance
Page 5
J4&MMfandd"a by me on the day of
2013 at _ o'clock .m.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
' Ordinance No. 9289 -01 passed by the South Bend Common Council on November 26, 2001, approved the Central Business and Entertainment Area
depicted on Exhibit A -I attached hereto and included herein by reference.
It South Bend Municipal Code § 3 -8 addresses "Advertising with music for commercial purposes prohibited" and South Bend Municipal Code § 3 -57
addresses "Unreasonable noise ".
"' 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. Ciry OfCincinnoli, 56 F. 3d 710 (6'" Cie 1995)
By analogy, Indiana Code § 9- 21 -16 -5 establishes a twenty foot (20') restriction from crosswalks at intersections and driveway entrances to fire
stations based on avoiding conflict.
Ist READING I<kLi, kk3
PUBLIC HEARII3G
3 rd READING
NOT APPROVErf
REFERRED
PASSE!?
Office;
JOHN
CiTYC ,�y� lite ^ (jOR ���yp IN
SOU TIr e�
City of South Bend
Common Council
1865 441 County-City Building . 227W. Jefferson Blvd
I ember 4, 2013 South Bend, Indiana 46601 -1830
Derek D. Dieter The South Bend Common Council
President 4th Floor County-City Building
Oliver J. Davis South Bend, Indiana 46601
Vice - President Re: Substitute Bill No. 65 -13 Buskers and Sidewalk Performers
Karen L. White
Chairperson, CommitRPr Council Members:
of the Whole
(574) 235 -9321
Fax (574) 235 -9173
http://www.southbendin.gov
Since Bill No. 65 -13 was filed with the Office of the City Clerk on November 5th, I have
Tim Scott received many comments and favorable input from members of the public, downtown merchants
First District and the City Administra. ±ir In the interest of improving the proposed regulations governing
persons who desire to be a busker or sidewalk performer as part of the pilot program in the
Henry Davis, Jr. Central Business and Entertainment Area of downtown South Bend, I have filed the attached
Second District Substitute Bill No. 65 -13. The changes incorporated are as follows:
Valerie Schey
Third District Page 2 Sec. 4 -21 (a)(4) clarifies definition of "designated locations"
Fred Ferlic Page 3 Sec. 4 -21 (d)(R) deleted "merchandize" inserted "merchandise"
Fourth District
David Varner Sec. 4 -21 (d)(9) clarifies that no electrical and extension cords of any kind
Fifth District may be used in light of public safety concerns
Oliver J. Davis Sec. 4 -21 (e) (I I) changes the distance requirement from ten feet (10') to
Sixth District twenty feet (20') that a busker or sidewalk performer may
Derek D. Dieter
Perform from any street corner, crosswalk; entrance to building,
driveway, etc. and provides an end note reference to the Indiana
At Large Code where other 20' restrictions are in existence on page 5 of
Gavin Ferlic
the substitute bill
At Large Page 4 Sec. 4 -21 Qj deleted "any one inserted "any person"
Karen L. Whine I look forward to discussing this with you at next Monday's joint meeting of the Health and
At Large public Safety to
and the Personnel and Finance Committee meeting; and seek your
favorable support.
- Sincerely,
Tim Scott
1St District Council Member
Attachment
�K 3
M " +rs
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING
HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM
STATEMENT OF PURPOSE AND INTENT
On May 19, 1998, South Bend Fire Chief Luther Taylor submitted a proposed ordinance which
would establish for the first time user fees for professional services of the South Bend Fire Department
Hazardous Materials Team and the Tactical Rescue Team. Revenue generated by those special
operations teams would then be deposited into Fund # 289 to assist in the ongoing upgrading and
replacement of equipment. The South Bend Common Council acted favorably on this request and passed
Ordinance No. 8921 -98 on July 13, 1998.
Since the 911 attack, the Hazardous Materials Team has assumed the task of Weapons of Mass
Destruction (WMD) preparedness, which has evolved into the Special Operations Division of the SBFD
becoming the Homeland Security Branch of the Fire Department. These Response Teams respond to
calls not only within the City of South Bend, but also to calls in the Indiana Homeland Security District
# 2 which covers a seven (7) county area as depicted on the map attached to this ordinance. As a result
of the ongoing tactical and professional training, the Teams are on the "leading edge of information and
preparedness ". The Hazmat Team is certified as Type 1, which is the highest level of certification for
such a team in the State of Indiana. Each team member is trained in Homeland Security /FEMA classes.
Currently there are thirty -six (36) specially trained Firefighters on the SBFD Hazmat Team and
thirty -six (36) specially trained Firefighters on the SBFD Tactical Rescue Team budgeted for the 2014
calendar year. Twelve (12) Firefighters of each team work on each shift. All members of the Tactical
Rescue Team are specially trained to respond to incidents involving building collapse, trench rescue,
confined space rescue and specialized rope rescue, and to utilize shoring equipment which meets FEMA
standards.
In order to continue to attract the most qualified and dedicated individuals to such needed
specialized teams which provide life- saving public services, it is believed that the user fees and charges
which have not been adjusted since 1998 should be; in order to sustain and provide these critical
services for the betterment and safety of the City of South Bend and Homeland Security District # 2.
dfa,4gm db a A& anmaov awwd of the City of South Bend, Indiana, as
follows:
South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance
Page 2
Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended to read in its entirety as
follows:
ARTICLE 5. HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM.
Sec. 9 -26 Definitions and Hazardous Materials Team User Fees and Costs Established.
(a) Definitions: As used in this Article, the following definitions apply:
(1) Hazardous materials shall have the definition set forth in Indiana Code § 13- 11 -2 -96,
as it may be amended from time to time.
(2) Hazardous materials emergency shall have the definition set forth in Indiana Code §
13- 11 -2 -97, as it may be amended from time to time.
(3) Hazardous substance shall have the definition set forth in Indiana Code § 13 -11 -2-
98, as it may be amended from time to time.
(4) Hazardous waste shall have the definition set forth in Indiana Code § 13- 11 -2 -99, as
it may be amended from time to time.
(5) Responsible party shall have the definition set forth in Indiana Code § 13 -11 -2 -191,
as it may be amended from time to time.
(6) Responsible person shall have the definition set forth in Indiana Code § 13 -11 -2 -192,
as it may be amended from time to time.
(b) Hazardous Materials Team User Fees: The following user fee schedule shall be
charged by the South Bend Fire Department to the responsible party for all hazardous materials
emergencies responses by the department's Hazardous Materials Team in taking emergency action at an
address or near the scene of a hazardous materials emergency involving hazardous materials, hazardous
substances, and /or hazardous waste:
(1) Basic fee (For up to a Maximum four (4) hours) ........... $3,000.00
(2) Additional per hour charge (after four (4) hours) ...............$ 825.00
(3) Computation of the time set for above shall include any fraction of an hour and shall
run from the time of dispatch to the time the Hazardous Materials Team reports back in
service.
Emergency responses and cleanup for spills of gasoline, diesel fuel, waste oil or other engine fluids at
gasoline stations shall be charged to the party requesting a response. Any petroleum spills involving a
South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance
Page 3
motor carrier where there is the potential to create fire, traffic and /or pollution threat(s) on a street, road
or highway, the motor carrier shall be charged.
(c) Charges for Replacement Costs and Overtime: In addition to the above, the Fire Department
shall charge for the replacement costs for disposable materials and supplies acquired, consumed and
expended specifically for the purpose of the response, as well as replacement costs for equipment owned
by the Fire Department that is contaminated or otherwise damaged beyond reuse or repair during the
response. This charge shall be made regardless of the location of the incident. In the event that the Fire
Department is required to backfill employees resulting in overtime after the initial four (4) hour period,
those expenses shall be calculated and charged to the responsible party.
(d) Mileage Fees for Out of City Responses: Mileage fees shall be charged for each
vehicle used by the South Bend Fire Department's Hazardous Materials Team which is involved in
responding at an address or near the scene of a hazardous materials emergency involving hazardous
materials, hazardous substances, and /or hazardous waste which is located outside of the City of South
Bend corporate limits. Such mileage fees shall be $ 12.84 per mile from the point of dispatch for the
round trip, with a minimum of one (1) mile being charged.
(e) Liability of Payment of User Fees and Costs: The above fees and costs shall be charged on a
per run occurrence to the responsible party and /or person. The owner of the property at the address
responded to, and if known, the person or persons whose actions in whole or in part made the emergency
receiver response necessary shall be jointly and severally liable for the fees.
Sec. 9 -27 Definitions, Standards and Tactical Rescue Team User Fees and Costs Established.
(a) Services, and Definitions:
(1) The South Bend Fire Department's Tactical Rescue Team (TRT) is specially trained
to provide services in rope rescue; vehicle and machinery search and rescue; trench and
excavation search and rescue; and structural collapse.
(2) Technical rescues are governed by departmental standards as well as standards
imposed by:
NFPA 1670: Operations and Training for Technical Search and Rescue Incidents)
NFPA 1006: Rescue Technician Professional Qualifications
(3) Definitions set forth in the above - referenced NFPA standards shall govem this
Division, copies of which are on file in the Administrative Offices of the Central Fire Station.
' The National Fire Protection Association (NFPA) was established in 1896. It provides codes and standards, research,
training and education designed to minimize the risks and effects of fire and develops technical codes and standards.
South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance
Page 4
(b) Tactical Rescue Team User Fees: The following user fee schedule shall be charged by the
South Bend Fire Department to the responsible party for all tactical rescue responses provided by the
department's Tactical Rescue Team (TRT):
(1) Basic fee ( For up to a Maximum four (4) hours) ........... $3,000.00
(2) Additional per hour charge (after four (4) hours) ... $ 825.00
(3) Computation of the time set for above shall include any fraction of an hour and shall
run from the time of dispatch to the time the Technical Response Team reports back in
service.
(c) Charges for Replacement Costs and Overtime: In addition to the above, the Fire Department
shall charge for the replacement costs for disposable materials and supplies acquired, consumed, and
expended specifically for the purpose of the response as well as replacement costs for equipment owned
by the Fire Department that is contaminated or otherwise damaged beyond reuse or repair during the
response. This charge shall be made regardless of the location of the incident. In the event that the Fire
Department is required to backfill employees resulting in overtime after the initial four (4) hour period,
those expenses shall be calculated and charged to the responsible party.
(d) Mileage Fees for Out of City Responses: Mileage fees shall be charged for each
vehicle used. by the South Bend Fire Department's Tactical Rescue Team which is involved in
responding at an address or near the scene of a tactical rescue emergency which is located outside of the
City of South Bend corporate limits. Such mileage fees shall be $ 12.84 per mile from the point of
dispatch for the round trip, with a minimum of one (1) mile being charged.
(e) Liability of Payment of User Fees and Costs: The above fees shall be charged on a per run
occurrence to the responsible party, the beneficiary of the services, the owner of the property, and if
known, the person or persons whose actions in whole or in part made the emergency receiver response
necessary shall be jointly and severally liable for the fees.
Sec. 9 -28 Hazardous Materials Team User Fees and Tactical Rescue Team User Fees and
Related Charges Collected to be Deposited into the Hazmat Fund # 289; Collection
for Recovery Including Attorney Fees; Quarterly Reports From the Fire
Department.
(a) All monies collected under this Article shall be deposited into the Hazmat Fund, Fund #
Wo
(b) Monies collected shall be used for the purchase of needed supplies and equipment used in
providing hazardous materials and tactical rescue emergency assistance and training.
South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance
Page 5
(c) The responsible party billed for services under this Article may elect to reimburse the Fire
Department by providing replacement materials that are of equal or greater value than those expended
by the Fire Department in responding to the emergency.
(d) The Fire Department may pursue action for reimbursement under Indiana Code § 36- 8 -12.2-
10 to recover all costs of the action, including attorney's fees.
(e) Quarterly reports summarizing the number of runs by the Hazardous Materials Team and the
Tactical Rescue Team, total amount billed, total amount collected, and information related to the
regulations in this Article shall be filed by the South Bend Fire Department at the beginning of each
calendar quarter with the Office of the City Clerk.
See. 9 -29 Penalties for Failure to Pay.
(a) Pursuant to Indiana Code § 36-8-12.2-11, a responsible party shall be subject to a penalty for
failure to pay the full amount of a charge under this Article within sixty (60) days after the issuance of
the bill for payment by the Fire Department.
(b) Ten percent (10 %) of the amount of the charge that remains unpaid on the due date shall be
the penalty amount.
Sec. 9 -30 Through See. 9 -33 Reserved for Future Use.
Section II. If any section, subsection, sentence clause or phrase of this Article 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 Ill. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, legal publication and shall be enforced beginning January 1,
2014.
Council Member Karen L. White
Health & Public Safety Committee Chairperson
Council Member at Large of the Common Council
John Voorde, City Clerk
South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance
Page 6
04FQ&ea&rdby 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
�aad Ol naby me on the day of
m.
1,t READING
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
PASSED
Pete Buttigieg
Mayor
City of South Bend, Indiana
2013 at o'clock
Filed in Clerk's G
NIC'.! A 2013
JOi$
CITY CLERK, SOUTH BEND, IN
IDHS: Indiana Emergency Management Agencies & Held services Utstnct tntormation ... rage L of L
• District Planning Council /District Response Task Force (view)
Field Services District Information (view)
Filed in Clark9�
2013
CITY' CLERK, SOUTH 81END, IN
http: / /www.in.gov /dhs /2797.htm 10/21/2009
010TH 8�
4
O wh,i�a% /nod
147 ! City of South Bend
moo: \�
�._ Common Council
1865 441 County -City Building . 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
Derek D. Dieter
President
(574) 235 -9321
Fax (574) 235 -9173
http://www.southbendin.gov
Oliver J. Davis November 15, 2013
Vice- President
Members of the South Bend Common Council
Karen L. White 4`h Floor County -City Building
Chairperson, Committee South Bend, Indiana 46601
of the Whole
Re: SBFD's Hazardous Materials Team and Tactical Rescue Team User
Tim Scott
First District Fees and Charges
Henry Davis, Jr. Dear Council Members:
Second District
I am pleased to introduce for your consideration and approval the attached
Valerie Schey proposed ordinance. I have had the pleasure of working closely with Fire Chief
Third District Steve Cox and Assistant Chief Jim Lopez in developing the regulations set forth
Fred Ferlic in this ordinance.
Fourth District The user fees for both the Hazardous Materials Team and the Tactical Rescue
David Varner Team, which were originally established in 1998, have never been adjusted. Both
Fifth District of these teams have taken on additional responsibilities and specialized training.
Both are governed by many more regulations today which require meticulous and
Oliver J. Davis ongoing education.
Sixth District
The user fees for both of these specialized teams are requested to go from the
Derek D. Dieter basic fee of $2,400 to $3,000; with the per hourly rate after four (4) hours of
At Large service requested to go from $660 to $825 per hour. Mileage for responses
Gavin Ferlic outside of the City limits is also requested. So that the Common Council may be
At Large regularly updated, quarterly reports from the Fire Department would also be
required. Such reports would detail the number of runs by each team, amount
Karen L. White billed, amount collected and other recommendations. The governing state law for
At Large failure to pay for billed services within sixty (60) days of being invoiced, as well
as collection of attorney fees, have also been included.
Your support of this proposed ordinance would enable the Hazardous Materials
Team and the Tactical Rescue Team to continue to provide these needed life-
saving professional fire services. I request that the Bill be referred to the Health
and Public Safety Committee and set for public hearing at the December 9, 2013
Common Council meeting. Thank you.
Hazardous Materials Team and the Tactical Rescue Team User Fee and Charges Ordinance
November 15, 2013
Page 2
Mos erely,
,Cc.,w�
Karen . White, Chairperson
Health and Public. Safety Committee
Attachments
cc: Fire Chief Steve Cox
Assistant Fire Chief Jim Lopez
Pled to C9erF -'u 01 "'.
2013
CtTYCLf :RK,;3f.Yk1'Ftte &f4L7,1Fc
Substitute Bill No. 69 -13
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND
MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS
METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS,
VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51
AND BY SECONDHAND STORES REGULATED IN SECTION 4 -53
STATEMENT OF PURPOSE AND INTENT
With the aid of the latest technology, there are much greater opportunities to track and recover stolen
property. Online systems are now available where valuable personal property items such as cell phones,
electronics, cameras, GPS units, construction equipment, tools, manhole covers, bronze cemetery vases, jewelry
and other valuables can be identified accurately from a database and viewed by participating law enforcement
agencies throughout the country.
The City Administration and the South Bend Common Council believe that the proposed changes
addressed in this ordinance which would require persons who own or operate businesses who deal with precious
metals, scrap metal, junk, valuable metals, and secondhand stores to participate in electronic reporting of their
transactions are in the best interests of the city. Such participation would enable the South Bend Police
Department to have rapid electronic access to transactions from reporting businesses. By daily monitoring such
information, possible criminal activity can be identified in a proactive manner. When stolen property is located,
valuables may be returned to the victim of the crime by using such electronic reporting systems more quickly.
The Common Council notes that the Fort Wayne Police Department has successfully used LeadsOnline
since 2007. FWPD reports that by using LeadsOnline that "...police have recovered thousands of dollars in
stolen property for Fort Wayne and surrounding residents... with information provided by LeadsOnline, police
track down thieves, develop leads in numerous cases and make arrests." Similar success stories are reported by
the New York City Police Department, the Dallas Police Department and the San Francisco Police Department
just to name a few.
The South Bend Police Department has recommended to the Common Council that LeadsOnline would
be the best electronic reporting service available. The Council has found that "LeadsOnline is the nation's
largest online investigative system used by more than 3,000 law enforcement agencies to recover stolen
property and solve crimes. Each day, millions of items are added to the LeadsOnline database by businesses
including second -hand stores, scrap metal recyclers, pawnshops, and Internet drop -off stores across all 50 states.
Those records are instantly available to law enforcement agencies, meaning crimes can be solved in seconds,
not months."
LeadsOnline is compatible with the National Crime Information Center (NCIC) which is a computerized
index of criminal justice information available 24/7 to federal, state and local law enforcement agencies. It is an
official eBay partner and helps prevent illegal transactions on the eBay website by giving law enforcement
access to their transactions. For all of these reasons, LeadsOnline is the preferred provider and is so referenced
to provide the services which are in the best interests of the City of South Bend.
The South Bend Common Council believes it is important for the South Bend Police Department and
South Bend citizens to have available, in a timely manner for law enforcement purposes, data regarding items
pawned, sold, purchased or exchanged at by businesses required to be licensed as precious metal dealers, as
scrap metal dealers, junk dealers, valuable metal dealers, recycling operators, and as secondhand stores.
Electronic Reporting Ordinance
Page 2
9.0 'mmom awlof the City of South Bend, Indiana, as follows:
Section I. Chapter 4, Article 4, Section 4 -44 addressing Precious Metal Dealers of the South Bend Municipal
Code is amended by, changing paragraphs (c) and (e) to read in their entirety as follows and by adding new
paragraph (i) which shall read as follows:
(c) Electronic Reporting to Police and Records Required; Contents. t
(l) Every dealer shall maintain a physical precious metal report. Each dealer shall keep and
preserve data on or through an electronic or computer data system database on a daily basis
for the preceding 24 -hour period of all purchases of any precious metal items. Such
information shall be sent via electronic forms of transmission to the South Bend Police
Department using the Records Management System being used by the South Bend Police
Department. The reports must contain the seller's full legal name, physical address, date of
birth, gender, race, height and weight, as well as the price paid for each item, the purchase
date and time, a description of each article purchased, including identifying marks,
engravings, and the manufacturer (where known), and the seller's driver's license number or
the number or any other identification issued by a governmental authority bearing the seller's
photograph. The form shall also bear digital photographs of the items being purchased and a
clear, inked or digital impression of the seller's right thumb print and the same transaction
number as recorded in the dealer's record book as required by paragraph (2) below. If the
right thumb is missing any of the customers' fingerprints may be used with an identification
of what finger is used in the right thumb's absence written adjacent to the inked or digital
fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable
by the Police Department and shall not be blurred or obliterated.
(2) The dealer shall also record the seller's physical description and a description of the property
purchased, as required in this section, and shall retain the physical precious metal report and
information for three (3) years from the date of the last purchase recorded therein. The
physical precious metal report and information can be stored, by the dealer, in either printed
or digital formal as long as a printed physical precious metal report is available to the police
department upon request within the three (3) years from the date of the last purchase
recorded therein.
(3) Any records required to be kept or maintained under this section shall be available at all
times for inspection by the Police Chief or person duly authorized by him or her to inspect
the records.
(e) Precious metals to be held before resale by dealer. All precious metals purchased by a dealer must
be held for thirty (30) days in the dealer's possession, before being resold, exchanged, melted or altered
in any manner. If the items purchased are held or stored at a location other than the dealer's premises
licensed under this section, the location of these goods and the holder's identification must be filed with
the Police Chief within twenty -four (24) hours from the time of purchase. All goods required to be held
' LeadsOnline is the largest online investigative system used by law enforcement agencies to recover stolen property and solve crimes
and is compatible with the National Crime Information Center (NCIC).
Electronic Reporting Ordinance
Page 3
under this section shall be available at all times for inspection by the Police Chief or a person duly
authorized by the Police Chief to inspect the goods.
(i) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals
from any person who is under the age of eighteen (18) years.
Section II. Chapter 4, Article 4, Section 4 -51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal
Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k)
to read as follows:
(k) Electronic Report to Police and Records Required for Inspection and Holding Requirements for
Scrap Metal and /or Valuable Metals; Ferrous and /or Nonferrous Metal.
(1) Every dealer or operator shall maintain a physical sales report of scrap metal and /or valuable
metals. Each dealer or operator shall keep and preserve data on or through an electronic or
computer data system database on a daily basis for the preceding. 24 -hour period of all
purchases of any scrap metal and valuable metal items, unless exempted by this section.
Such information shall be sent via electronic forms of transmission to the South Bend Police
Department using the Records Management System being used by the South Bend Police
Department. The data shall include the time of purchase of any article of any scrap metal
and /or valuable metals and include whether any is marked with a serial number or marked
with an owner's engraving or mark. The reports must contain the seller's full legal name,
physical address, date of birth, gender, race, height and weight, as well as the price paid for
each item, the purchase date and time, a description of each article purchased, including
identifying marks, engravings, the manufacturer of the item, model number of the item, the
serial number of the item, and the seller's driver's license number or the number of any other
identification issued by a governmental authority bearing the seller's photograph. The form
shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital,
impression of the seller's right thumb print and the same transaction number as recorded in
the dealer's record book as required by paragraph (2) below. If the right thumb is missing
any of the customers' fingerprints may be used with an identification of what finger is used
in the right thumb's absence written adjacent to the inked or digital fingerprint on the form.
The inked or digital fingerprint shall be made in a manner readable by the Police Department
and shall not be blurred or obliterated.
(2) Any dealer or operator who is required to be licensed under this section and who has a record
with the City of having violated any of the provisions of this section within the past calendar
year, shall be required to place a hold on all ferrous and/or nonferrous metal purchased for a
period of one (1) business day after notification to the local law enforcement agency required
by subsection (2) above. The license issued under this section shall specify the amount of
time the items are to be held.
(3) The dealer or operator shall also record the seller's physical description and a description of
the property purchased, as required by this section, and shall retain the physical sales report
and information for three (3) years from the date of the last purchase recorded therein.
Electronic Reporting Ordinance
Page 4
(4) Any records required to be kept or maintained under this section shall be available at all
times for inspection by the Police Chief or person duly authorized by him or her to inspect
the records.
Section III. Chapter 4, Article 4, Section 4 -53 addressing Secondhand Stores of the South Bend Municipal
Code is amended by changing paragraphs (d), (e) (f) to read in their entirety as follows; and by deleting
paragraph (g) in its entirety and re- lettering the paragraphs affected by this deletion:
(d) License_fee. The applicant for a second hand store license shall pay an annual fee of one hundred
fifteen dollars to the Controller, upon approval of the Board and Police Department and issuance of the license.
(e) Electronic Report to Police and Records Required; Contents.
(1) Every dealer shall maintain a physical secondhand sales report. Each dealer shall keep and
preserve data on or through an electronic or computer data system database on a daily basis
for the preceding 24 -hour period of all purchases of any precious metal items. Such
information shall be sent via electronic forms of transmission to the South Bend Police
Department using the Records Management System being used by the South Bend Police
Department. The data shall include the time of purchase of any article of firearm, electronic
items, appliances, equipment, tools or other item originally marked with a serial number or
marked with an owner's engraving or mark. The reports must contain the seller's full legal
name, physical address, date of birth, gender, race, height and weight, as well as the price
paid for each item, the purchase date and time, a description of each article purchased,
including identifying marks, engravings, the manufacturer of the item, model number of the
item, the serial number of the item, and the seller's driver's license number or the number of
any other identification issued by a governmental authority bearing the seller's photograph.
The form shall also bear a digital photograph of the items bring purchased and a clear, inked,
or digital, impression of the seller's right thumb print and the same transaction number as
recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is
missing any of the customers' fingerprints may be used with an identification of what finger
is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the
form. The inked or digital fingerprint shall be made in a manner readable by the Police
Department and shall not be blurred or obliterated.
(2) The dealer shall also record the seller's physical description and a description of the property
purchased, as required by this section, and shall retain the physical secondhand sales report
and information for three (3) years from the date of the last purchase recorded therein.
(3) Any records required to be kept or maintained under this section shall be available at all
times for inspection by the Police Chief or person duly authorized by him or her to inspect
the records.
(f) Secondhand Purchased Items to be Held Before Resale by Dealer. All secondhand purchased items,
purchased by a dealer, must be held for fifteen (15) days in the dealer's possession, before being resold,
exchanged, or altered in any manner. If the items purchased are held or stored at a location other than
the dealer's premises licensed under this section, the location of these goods and the holder's
identification must be filed with the Police Chief within twenty -four (24) hours form the time of
Electronic Reporting Ordinance
Page 5
purchase. All goods required to be held under this section shall be available at all times for inspection
by the Police Chief or a person duly authorized by the Police Chief to inspect the goods.
Section IV. If any section, subsection, sentence clause or phrase of this Article 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, legal publication and shall be enforced beginning January 1, 2014.
Council Member Karen L. White
Health & Public Safety Committee Chairperson
Council Member at Large of the Common Council
Uounczl Tim Scott
1" District Council Member of the Common Council
John Voorde, City Clerk
✓ 6ra' ntaiby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the _ day of
2013, at o'clock . m.
i it READING
It -zJ -�3
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
DASSED
Janice Talboom, Deputy Clerk
day of
Pete Buttigieg
Mayor
City of South Bend, Indiana
2013 at _ o'clock .m.
Filed In Cie k' S p fflce.`
(` wi113 i1
CITY
IN
Spi] T$ 6�
!'d City of South Bend
Common Council
1865 441 County -City Building . 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
Derek D. Dieter
President
Oliver J. Davis
Vice - President
Karen L. White
Chairperson, Committee
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
Valerie Schey
Third District
Fred Ferlic
Fourth District
David Varner
Fifth District
Oliver J. Davis
Sixth District
Derek D. Dieter
At Large
Gavin Ferlic
At Large
Karen L. White
At Large
December 4, 2013
Members of the Common Council
0 Floor County -City Building
South Bend, Indiana 46601
(574) 235 -9321
Fax (574) 235 -9173
httP://www.southbendin.gov
Re: Substitute Bill No. 69 -13 Electronic Reporting Requirements for Precious
Metal Dealers, Scrap Metal Dealers, Valuable Metal Dealers, and Secondhand
Stores
Dear Council Members:
Since Bill No. 69 -13 was filed with the Office of the City Clerk on November 190i, we
have had the opportunity to continue to review the proposed ordinance which would
require electronic reporting of transactions in the City's effort to track down stolen
property faster.
We are filing Substitute Bill No. 69 -13 would corrects various scrivener's errors on page
2 where "of' was deleted and replaced with "or" and "finder" was replaced with "finger ".
As noted in our November 19, 2013 cover letter and in the proposed ordinance, those
communities which have gone to electronic reporting requirements have experienced
more rapid results in recovering stolen property. For example, the Fort Wayne Police
Department has used LeadsOnline since 2007. It has resulted in thousands of dollars in
stolen property being recovered; and led to "shutting down a prolific burglary ring" as
reported in FWPD media releases.
Members of the South Bend Police Department will present the Bill at next Monday's
Health and Public Safety Committee and at the 7:00 p.m. Council meeting. We ask for
your support of this public safety initiative. Thank you.
Psiincerely,
P
6e--r r n �z L.( ,4
Council Member Karen L� White
Health & Public Safety Chairperson
Attachment
Council Member Tim Scott
I" District Council Member _
!Filed In Clerk,, �S? �ECe .
� Gai3
CfTY CLFRY., suuTk BEND, iN i
\\ 0c), -� � --o
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $90,000
FROM PARKS & RECREATION FUND (#201),$16 FROM DEPARTMENT OF
COMMUNITY INVESTMENT GRANT FUND (#212),$675,000 FROM LIABILITY
INSURANCE & PREMIUM RESERVE FUND (4226),$750,000 FROM LOSS
RECOVERY FUND (#227),$37,378 FROM HUMAN RIGHTS GRANT FUND ( #258),
$30 FROM ECONOMIC DEVELOPMENT REVENUE BOND FUND (#281),$450,000
FROM EMS CAPITAL IMPROVEMENT FUND (#288),$475,000 FROM COUNTY
OPTION INCOME TAX FUND (#404),$700,000 FROM SELF - FUNDED EMPLOYEE
BENEFIT FUND ( #711)
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2013 operating and capital budgets in
2012 (Ordinance #10197 -12, passed October 29, 2012) which included expenditures for
various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2013 and
set apart within the following designated funds for expenditures as follows:
Fund
Amount
Parks & Recreation Fund ( #201)
$ 90,000
DCI Grant Fund ( #212)
16
Liability Ins. Premium & Reserve Fund ( #226)
675,000
Loss Recovery Fund ( #227)
750,000
Human Rights Grant Fund ( #258)
37,378
Economic Dev. Revenue Bond Fund ( #281)
30
EMS Capital Improvement Fund ( #288)
450,000
County Option Income Tax Fund ( #404)
475,000
Self- Funded Employee Benefit Fund ( #711)
700,000
TOTAL
4 4
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
�) Q/l a t3.
Member of the Common Counci
Attest: sping of Ir',ns ER "! is only to pmvde M
opporbin;ly F f tiea+'ilig and
Wlilhd0 adan owbis Wu e,
ej�LiC Htr,RING
3 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2013 at o'clock _ . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
, 2013 at
Mayor, City of South Bend, Indiana
Filed its Clerk's Office
CITY CLFRK, SOUTH BEND, IN ^I
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 20, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4 "' Floor
South Bend, Indiana 46601
RE: 2013 Year -End Budget Appropriation Ordinance — Civil City Funds
Dear President Dieter,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end.
Based on our year -end review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 151 reading on November 25, 2013 with
2 "d reading, public hearing and 3rd reading scheduled for December 9, 2013.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7500.
Regards,
Mark W. Neal
City Controller
CC: Mayor Pete Buttigieg
Kathryn Roos, Chief of Staff
Cristal Brisco, Corporation Counsel
John Murphy, Deputy City Controller
ed in Ci®rk's o fit,..
_�
dOFEit 11t;d33v p
Z CftY GWRK, SOUTH SEND, IN j
�, A
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $294,344 FROM
SOLID WASTE FUND (4610),($84,000) FROM SOLID WASTE DEPRECIATION
FUND (#611),$418,872 FROM SEWAGE WORKS GENERAL OPERATIONS
FUND (#641),($418,872) FROM SEWAGE WORKS CAPITAL FUND (#642),$13
FROM 2006 SEWER BOND FUND (4645),$63 FROM 2007 SEWER BOND FUND
(#647),$699 FROM CLAY SEWAGE WORKS OPERATIONS FUND (#650),$113
FROM 2007B SEWER BOND FUND (#651),$331 FROM 2010 SEWER BOND FUND
(4658),($2,100,000) FROM 2013 SEWER BOND FUND ( #663),AND $215 FROM
2013 SEWER REFUNDING BOND FUND ( #664)
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2013 operating and capital budgets in
2012 (Ordinance #10198 -1, passed October 29, 2012), which included expenditures for
various City enterprise operations. It is now necessary to appropriate additional funds for
operational expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2013 and
set apart within the following designated funds for operational expenses as follows:
Fund
Amount
Solid Waste Fund ( #610)
$294,344
Solid Waste Depreciation Fund ( 4611)
(84,000)
Sewage Works General Oper. Fund ( #641)
418,872
Sewage Works Capital Fund ( 4642)
(418,872)
2006 Sewer Bond Fund ( #645)
13
2007 Sewer Bond Fund ( #647)
63
Clay Sewage Works Operations ( #650)
699
2007B Sewer Bond ( #651)
113
2010 Sewer Bond ( 4658)
331
2013 Sewer Bond ( #663)
(2,100,000)
2013 Sewer Refunding Bond ( #664)
215
TOTAL
($1,888,222)
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
ftnIM rs� b'! is Qn* to prowl's en � ` 114-- _.
Qppafaup3t1' (w'S' �?'u`,� ?`7° °. 1'i'css"ilig $I7d
Member of the Common Counci rf
council acute, I Oil ""Na Sv ouo,
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
_ day of , 2013, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
, 2013, at
Mayor, City of South Bend, Indiana
Filed in Clerk's Offl ,M.
1 sF READING
PUBLIC HEARING
3rd READING
JQkY 4 r'; a
NOT APPROVED Of'rW CLERK 3CU .4 L' ,'r.t, ;t�
REFERRED_ ,_,._.,_ „_,.„,._._,,,,__,_,_„ „,
PASSED
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 20, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4 "' Floor
South Bend, Indiana 46601
RE: 2013 Year -End Budget Appropriation Ordinance — Enterprise Funds
Dear President Dieter,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end.
Based on our year -end review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for I" reading on November 25, 2013 with
2nd reading, public hearing and 3`d reading scheduled for December 9, 2013.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7500.
Regards,
` Mark W. Neal
City Controller
CC: Mayor Pete Buttigieg
Kathryn Roos, Chief of Staff
Cristal Brisco, Corporation Counsel
John Murphy, Deputy City Controller
Filed in Clerk's Otfic
CITY CL IRK, SOUTH Ei u 5, IPt
r
ONVAM
E J41
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
(Ordinances #10197 -12 and #10198 -12 passed on October 29, 2012) which necessitate
the increase and reduction of appropriations within the various departments of the
General Fund and other funds of the City of South Bend during 2013.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
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.
Member of the Common Council
Attest: Signing of tiis UT is oply to �.�° vde W
oppoftitg it v; "e P ali7g raid
City Clerk Council action Cll W-7 IBM
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2013, at o'clock _ . m.
1,j READING V H�S� 1
PUBLIC HEARING
3rd READING
NOT APPROAD
REFERRED
PASSED
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
, 2013, at
Mayor, City of South Bend, Indiana
i =lied in Clerk's Offici
' f
CITY CLr -RK, SOUTH SEND, IN
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 20, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4m Floor
South Bend, Indiana 46601
RE: 2013 Year -End Budget Transfer Ordinance
Dear President Dieter,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end.
Based on our year -end review, we are submitting the enclosed ordinance for transfers
between various departments and cost categories within the same funds for your
consideration. No additional appropriation is requested in this ordinance.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 151 reading on November 25, 2013 with
2 °d reading, public hearing and 3`d reading scheduled for December 9, 2013.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7500.
Regards,
Mark W. Neal
City Controller
Filed in Clerk's Ot`fie,�
JOHN L'fAG➢ppi.
CITY CLERK, WU PIR PENS%, 110
qwppll_,�
CC: Mayor Pete Buttigieg
Kathryn Roos, Chief of Staff
Cristal Brisco, Corporation Counsel
John Murphy, Deputy City Controller
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING THE 2013 SALARY ORDINANCE (No. 10199 -12)
FOR APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF
THE CITY OF SOUTH BEND, INDIANA TO ADDRESS CERTAIN ZOO
EMPLOYEE COMPENSATION
STATEMENT OF PURPOSE AND INTENT
The Common Council approved Ordinance No 10199 -12 establishing the 2013
maximum salary and wages for all non - bargaining employees of the City of South Bend,
Indiana on October 29, 2012 ( "The 2013 Non - bargaining Salary Ordinance).
This Ordinance makes no adjustment in the salaries that were fixed in the 2013
Non - bargaining Salary Ordinance. However, the City is in the process of entering into a
public /private partnership agreement ( "the Agreement ") with the Potawatomi Zoological
Society ( "the Society ") for operation of the Potawatomi Zoo ( "the Zoo ").
The Agreement is expected to be reviewed and approved by the South Bend Parks
Commission around December 16, 2013, and as a result, certain current employees of the
City of South Bend will become employees of the Society. Because this will result in
cessation of their rights and privileges as public employees under the Public Employees
Retirement Fund ( "PERF "), the Agreement will provide certain unique final
compensation to these employees who are affected by the Agreement. This Ordinance is,
therefore, conditioned upon approval of the Agreement. The appropriation for this unique
compensation is part of the City's final additional appropriation Bill for 2013 filed
separately with the Common Council.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS:
SECTION 1. The 2013 Non - bargaining Salary Ordinance be and hereby is
amended to add a new Section V, and to renumber the former section V as section VI.
The new Section V shall read as follows:
SECTION V: Special Compensation to Former City Employees Who Will
Become Employees of the Potawatomi Zoological Society.
Those City employees who will cease being employees of the City of South Bend
and who will become employees of the Potawatomi Zoological Society
( "Society ") upon approval of an Agreement with the City Parks Commission,
shall be entitled to receive a one- time payment equal to all accrued, unused
vacation and sick pay as of the date of change in their employment status from
City of South Bend employee to Society employee. Such affected employee with
less than ten years of PERF qualified City service shall further be entitled to
receive a sum equal to Seven Hundred Fifty Dollars per year ($750.00) for each
such year of service as an employee of the City of South Bend, pro -rated for any
partial year of City employee service.
SECTION II. This ordinance shall not be implemented unless and until the
City's Agreement with the Society is properly approved.
SECTION III. This ordinance shall be effective from and after passage by the
Common Council and approval by the Mayor, subject to and conditioned upon approval
of the City's Agreement with the Society.
Attest: Member of the Common Council
Stning at V dC 1,01 1y oply to pTrvWe an
City Clerk o p�1Qf'�ti[ t2 f:ri 1�F.+y:�i"Ac fieaiiiq &W
Cioun d� actim on tR l S %
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of 2012, at o'clock . m.
City Clerk
Approved and signed by me on the day of
o'clock . m.
2012, at
Mayor, City of South Bend, Indiana
od in Clerk's ®fk €ce
1 st READING
PUBLIC HEARING
1 ¢ ?
3 rd READING �.
NOT APPROVED.
REFERRED`...:............ wW .:,...:� „ >,,.,.y..,,,. ».....,..
PASSED
5��sN� 6 ",�� Ps.2, =( 3
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING 2014 SALARY ORDINANCE #10266 -13 FOR APPOINTED
OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND
STATEMENT OF PURPOSE AND INTENT
On October 30, 2013 this Council adopted Ordinance No. 10266 -13 which sets out the
salaries and wages of appointed officers and non - bargaining employees of the City of South
Bend for calendar year 2014 (the "2014 Non - bargaining Salary Ordinance ").
Since passage of Ordinance #10266 -13, three errors have been discovered in the detail
sheet attached to and incorporated by reference into the 2014 Non - bargaining Salary Ordinance
under Section I. This ordinance corrects the detail sheet. The errors do not affect the total sums
appropriated by Council for payment of salaries in 2014, nor do they require any increase or
adjustment in specific salaries, and two are merely scrivener errors.
NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The 2014 Non - bargaining Salary Ordinance for the City of South Bend
(No. 10266 -13) is amended by three changes to the Attachment to that ordinance which is titled
"2014 Non - bargaining Salary Ordinance Schedule," the amended version of which is attached
hereto and incorporated herein by reference.
SECTION I1. All other terms and conditions of the 2014 Non - bargaining Salary
Ordinance (No. 10266 -130) shall be unaffected and remain in full force and effect.
SECTION III. This ordinance shall be retroactive to October 30, 2013 after its passage
by the Common Council and approval by the Mayor.
Member, South Bend CommonvCouncil
Attest:
n 9 ..
City Clerk
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.
I st READING I
PUBLIC HEARING
3 rd READING
NOT APPROVED
^EFERPED
PASSED
City Clerk
of
2_,
Mayor, City of South Bend, Indiana
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227 W.JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PNoNE574/235 -9216
FAX 574/235 -9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
December 6, 2013
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Bill No. 75 -13 Substitute
Amending 2014 Non - Bargaining Employee and Officer Salary Ordinance 410266 -13
Dear President Dieter:
On the Council's agencla for Monday December 9, 2013 is Bill 475 -13. This is an
ordinance to amend the Schedule and attachment incorporated into the 2014 Non - Bargaining
Employee and Officer Salary Ordinance (No. 10266 -13) passed by the Common Council on
October 30, 2013.
Since the date Bill No. 75 -13 was originally filed with the Council, three additional
errors have been identified in the Schedule, and they have been highlighted on the amended
Schedule in addition to the three errors that originally led to the need to amend. The changes to
the incorporated Schedule will require that Bill No. 75 -13 be accepted by the Council as a
substitute ordinance.
I will explain all the changes when I present this Ordinance at the Council's Personnel &
Finance Committee meeting and at the public hearing. If you have any further questions or need
additional information, please let me know.
Thank you for your consideration.
Sincerely,
Mark W. Neal
City Controller.
t'
Sincerely,
Mark W. Neal
City Controller.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING 2014 SALARY ORDINANCE #10266 -13 FOR APPOINTED
OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND
STATEMENT OF PURPOSE AND INTENT
On October 30, 2013 this Council adopted Ordinance No. 10266 -13 which sets out the
salaries and wages of appointed officers and non - bargaining employees of the City of South
Bend for calendar year 2014 (the "2014 Non - bargaining Salary Ordinance ").
Since passage of Ordinance #10266 -13, three errors have been discovered in the detail
sheet attached to and incorporated by reference into the 2014 Non - bargaining Salary Ordinance
under Section I. This ordinance corrects the detail sheet. The errors do not affect the total sums
appropriated by Council for payment of salaries in 2014, nor do they require any increase or
adjustment in specific salaries, and two are merely scrivener errors.
NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The 2014 Non - bargaining Salary Ordinance for the City of South Bend
(No. 10266 -13) is amended by three changes to the Attachment to that ordinance which is titled
"2014 Non - bargaining Salary Ordinance Schedule," the amended version of which is attached
hereto and incorporated herein by reference.
SECTION II. All other terms and conditions of the 2014 Non - bargaining Salary
Ordinance (No. 10266 -130) shall be unaffected and remain in full force and effect.
SECTION III. This ordinance shall be retroactive to October 30, 2013 after its passage
by the Common Council and approval by the Mayor.
Otuy V)- /) t Aa"�, � CL (' - --
Member, South Bend Common Cou
b.
Attest: � of f: ,3 ti,v=, is r ";;` 12 �'�ttT "3...J8 at1
opportuwt�r for pr;.: , � u�g old cound awon an this "A
City Clerk .,,
..
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 READING [�—L LF- l3
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERPED
PASSED
City Clerk
of
2_,
Mayor, City of South Bend, Indiana
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ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE LEGAL DESCRIPTION AND MAP WITHIN
ORDINANCE NO. 10165 -12
TO EXPAND THE BOUNDARIES OF THE EXISTING RIVERFRONT
DEVELOPMENT PROJECT AREA UNDER IND. CODE 7.1- 3 -20 -16
STATEMENT OF PURPOSE AND INTENT
On June 25, 2012 the South Bend Common Council passed Ordinance No. 10165 -12
which identified the boundaries of a Riverfront Development Project for purposes of allowing
special alcoholic beverage permits within this Riverfront Project area, under Ind. Code § 7.1 -3-
20-16 (The Act). This ordinance became effective on June 26, 2012 when it was signed by
Mayor Pete Buttigieg. It was subsequently amended by Ordinance No. 10178 -12 to correct an
omission in the legal description of the original ordinance.
Availability of this special riverfront development alcoholic beverage permit to those
downtown South Bend businesses which focus on a dining and cultural experience has been a
boost to the downtown South Bend area. Since passage of the original ordinance, six businesses
have met the stringent qualifications for this permit (qualifications developed through the
Community Investment Dept. working with DTSB (Downtown South Bend)), proving that this
is an effective economic development tool for business attraction and retention in the downtown
South Bend area.
Because of this program's success, the Community Investment Department with
recommendation from members of the Common Council, believes that an extension of the
Riverfront area boundaries is in the best interest of the City and its citizens. An increased area is
expected to attract development of more dining and cultural opportunities to the downtown and
East Bank area of South Bend. The proposed expansion area provides development opportunities
both downtown and across the St. Joseph River from the burgeoning Farmer's Market District.
The existing Riverfront Development area will be expanded westward within the downtown and
southward along the St. Joseph River between Sample Street and Lincolnway West. The newly
described area satisfies the criteria of IC 7.1 -3 -20 -16.1 to qualify as a Riverfront Development
Project Area.
NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTII BEND, INDIANA as follows:
SECTION I. The Map of the Municipal Riverfront Development Project Area, set forth
in Exhibit "A" to Ordinance No. 10165 -12 as amended by Ordinance No. 10178 -12, is further
amended as set forth in Exhibit A hereto.
SECTION 11. The Legal Description of the Municipal Riverfront Development Project
Area established by Ordinance No. 10165-12, Exhibit B, as amended by Ordinance No. 10178-
12, is further amended retroactively as set forth in Exhibit B hereto which legal description shall
constitute the original boundaries of Ordinance No. 10165-12.
SECTION III. Exhibits A and B hereto and incorporated herein shall now comprise,
constitute, and identify the City of South Bend's Municipal Riverfront Development Project
Area which was established June 26, 2012 by Ordinance No. 10165 -12.
SECTION IV. This ordinance shall be effective from and after passage by the Common
Council and approval by the Mayor.
Member, South Bend Common Council,
I q
sping df Pro�, do M
a�tio d
0WXWnjt1 TOY P'_. M WN;
council actal on U115 inu%
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the — day
of
2011, at o'clock M.
City Clerk
Approved and signed by me on the
10 READING t `BLS -1 3
PUBLIC HEARING
3 rd READING
NOT APPROVEQ
REFERRED
PASSED
day of 2011, at —o'clock _. m.
Mayor, City 1�1..
Iled M Off k..
Exhibit A
Expanded Riverfront Development Project Area
J� as of December 2013
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Existing Riverfront District
SBCDA Boundary
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Exhibit B
Legal Description for the Downtown Municipal Riverfront District
Beginning at the intersection of the Centerline of Corby Boulevard with the Centerline of
St. Louis Boulevard; thence South along the Centerline of said St. Louis Boulevard a
distance of 247.5 feet more or less; thence East 193 feet more or less to a point on the
East right -of -way of a North -South Alley; thence South along said East line 630 feet
more or less to a point of intersection with a 14 -foot wide East -West Alley; thence
Southeasterly a distance of 228 feet more or less to a point of the South right -of -way line
of South Bend Avenue; thence Southwesterly along said South line a distance of 250 feet
more or less to a point which is 142.12 feet more or less Northeasterly of the East line of
St. Louis Boulevard; thence Southeasterly a distance of 128 feet more or less to the North
right -of -way line of Sorin Street; thence East along said North line a distance of 25 feet
more or less; thence South a distance of 238 feet more or less to the South right -of -way
line of Miner Street; thence West along said South line a distance of 237 feet more or less
to the Centerline of St. Louis Boulevard; thence along said Centerline a distance of
1322.5 feet more or less to the Centerline of LaSalle Avenue; thence West along said
Centerline to the North projected Centerline of the first Alley East of Hill Street; thence
South, along said projected Centerline to a point that is 66 feet North of the North right -
of -way line of Washington Street; thence East to the East right -of -way line of St. Louis
Boulevard; thence South along said East right -of -way line to the North right -of -way line
of Washington Street; thence East on said North right -of -way line to the East right -of-
way line of the first North -South Alley East of St. Louis Boulevard; thence South along
said East right -of -way line of Alley to the South right -of -way line of the first East -West
Alley South of Washington Street; thence West along said South right -of -way line of said
Alley to the centerline of the first 14 -foot North -South Alley lying East of Hill Street;
thence South along said Centerline of Alley to the South right -of -way line of Jefferson
Boulevard; thence East along said South right -of -way line to a point 51 feet East of the
East right -of -way line of St. Louis Boulevard; thence South 72 feet; thence West 51 feet
parallel with.and 72 South of the South right -of -way line of Jefferson Boulevard to the
East right -of -way line of St. Louis Boulevard; thence South along said East right -of -way
line to the North right -of -way line of Wayne Street; thence East along said North right -
of -way line of Wayne Street to the East right -of -way line of Notre Dame Avenue; thence
South along said East right -of -way line to a point on the East right -of -way line of Notre
Dame Avenue which is South 205 feet from the South right -of -way line of Wayne Street;
thence East 173 feet; thence North 102.5 feet; thence East 171.07 feet to the West right -
of -way line of Frances Street; thence South along said West line 102.5 feet to a point of
intersection with the North right -of -way line of Quimby Street extended West; thence
East along the North right -of -way line of Quimby Street and its Westerly extension to the
West right -of -way line of Eddy Street; thence South along said West line to the South
line of the Plat of Parry's Addition; thence West along the said South line and the South
line of the Plat of Beck's 151 Addition to the West right -of -way line of Frances Street;
thence South along said West line to the Northeasterly right -of -way line of Northside
Boulevard; thence Southeasterly along said Northeasterly right -of -way line to the South
right -of -way line of Sample Street; thence Southwesterly along said South right -of -way
line to the Centerline of the St. Joseph River; thence meandering Northwesterly along
said Centerline to the Easterly projection of the Southerly right -of -way line of Monroe
Street; thence Southwesterly along said projection and the Southerly right -of -way line of
Monroe Street to the Easterly right -of -way line of Lincolnway East (S. R. #933); thence
Southeasterly along said Easterly right -of -way line to the South right -of -way line of
Sample Street; thence Northeasterly along said South right -of -way line 190 feet more or
less to the Westerly line of the St. Joseph River; thence Southeasterly along said Westerly
line 920 feet more or less to the South line of a parcel of ground with Tax Key No. 18-
7017 -0692 as shown in the records of the St. Joseph County, Indiana Auditor's office;
thence Southwesterly along said South line and its Southwesterly extension 115 Feet
more or less to the Westerly right -of -way line of Lincolnway East ( S. R. # 933); thence
Southwesterly along said Westerly right -of -way line 62 feet more or less to a point of
intersection with the West right -of -way line of Miami Street; thence South along said
West right -of -way line 920 feet more or less to the Northeast corner of Lot # 37 in the
Plat of "Wenger & Krieghbaum's 2 "d Addition" as shown in the Records of the St. Joseph
County, Indiana Recorder's office; thence West along the North line of said Lot and its'
Westerly extension 151 feet to the West right -of -way line of a 14 foot wide Public Alley;
thence. South along said West line 224 feet more or less to the North right -of -way line of
Broadway Street; thence West along said North right -of -way line 545.7 feet more or less
to the East line of Lot # 124 in said Plat; thence North along said East line 135.8 feet
more or less to the North line of said Lot; thence West along said North line and its'
Westerly extension 54 feet more or less to the Northeast corner of Lot # 123 in said Plat;
thence North along the West line of a 14 foot wide Public Alley and its' Southerly
extension 115 feet more or less to the Southeast corner of a parcel of ground with Tax
Key No. 18- 7017 -0726 as shown in the records of said Auditor's office; thence along the
Southerly and Westerly boundary of said Parcel for the next three (3) courses, West 155
feet more or less and North 190 feet more or less and West 237.85 feet more or less to the
East right -of -way line of High Street; thence North along said East right -of -way line
1520 feet more or less to the South right -of -way line of Sample Street; thence West along
said South right -of -way line 1097 feet more or less to a point of intersection of the
Centerline of Rush Street extended South; thence North along the Southerly extension of
said Centerline and the Centerline of Rush Street 770 feet more or less to point of
intersection with the North line of Lot "T" of the Plat of "Monroe- Sample Replat"
Subdivision as shown in the Records of the St. Joseph County, Indiana Recorder's office
extended East; thence West along said Easterly Extension, said North line and the
Westerly extension of said North line 335 feet more or less to a point of intersection with
the Centerline of Fellow Street; thence along the Centerline of Fellows Street 349.53 feet
more or less to the Centerline of Bronson Street; thence West along the Centerline of
Bronson Street to a point of intersection with the Centerline of Carroll Street; thence
North along the Centerline of Carroll Street 235.20 feet more or less to a point of
intersection with the Centerline of a 14 -foot wide East -West Alley extended East; thence
along said Easterly extended Centerline and the Centerline of said Alley 206.25 feet more
or less to a point of intersection with the Centerline of a 14 -foot wide North -South Alley;
thence North along said Centerline 155.50 feet more or less; thence West 62 feet more or
less; thence North 90.75 feet more or less to a point of intersection with the Centerline of
South Street; thence West along said Centerline 151.25 feet more or less to a point of
2
intersection with the Centerline of St. Joseph Street; thence North along said Centerline
to a point 127.25 feet South of the Centerline of Monroe Street; thence West 136.25' feet
more or less to the Southwest corner of a parcel of ground shown as Tax key Number 18-
3020 -0716 in the records of the St. Joseph County Auditor's office; thence South 7 feet
more or less to the Southeast corner of a parcel of ground shown as Tax Key Number 18-
3020 -0714 in the records of said Auditor's office; thence along the South line of said
Parcel, West 34 feet more or less; thence along the West line of said Parcel and its'
Northerly extension, North 134.25 feet more or less to a point of intersection with the
Centerline of Monroe Street, said Point being 250 feet East of the Centerline of Michigan
Street; thence North to the Centerline of Western Avenue; thence West on the Centerline
of Western Avenue to the Centerline of Michigan Street; thence North on the Centerline
of Michigan Street 156.75 feet more or less; thence West 221.50 feet more or less to a
point of intersection with the Centerline of a 14 -foot wide North -South Alley; thence
along the Centerline of said Alley 89.50 feet more or less; thence West along the
Centerline of a 14 -foot wide Vacated East -West Alley and its. Easterly and Westerly
extended Centerline 221.50 feet more or less to a point of intersection with the Centerline
of Main Street; thence North along the Centerline of Main Street 246.25 feet more or less
to a point of intersection with the Centerline of Wayne Street; thence West along said
Centerline 221.50 feet more or less to a point of intersection with the Centerline of a 14-
foot wide North -South Alley; thence North along said Centerline 246.25 feet more or less
to a point of intersection with the Centerline of a 14 -foot wide East -West Alley; thence
West along said Centerline 213.25 feet more or less to a point of intersection with the
Centerline of La Fayette Boulevard; thence North along said Centerline 492.50 feet more
or less to a point of intersection with the Centerline of a 14 -foot wide East -West Alley;
thence West along said Centerline 146.25 feet; thence North 246.25 feet to a point of
intersection with the Centerline of Washington Street; thence West on the Centerline of
Washington Street to a point of intersection with the Centerline of the first North -South
Alley West of Lafayette Boulevard projected South; thence North along said Centerline,
in certain places being sometimes known as St. James Court, to the North right -of -way
line of La Salle Avenue; thence East along said North right -of -way line to the West right -
of -way line of Lafayette Boulevard; thence North along the said West right -of -way line
to the Centerline of Navarre Street; thence East along the Centerline of Navarre Street to
a point of intersection with the East right -of -way line of St. Joseph Street projected
North; thence South along said projection and the East right -of -way line of said St.
Joseph Street to the North right -of -way line of Marion Street; thence East along said
North right -of -way and its projection to the East to the Centerline of the St. Joseph River;
thence Northeasterly along the Centerline of the St. Joseph River to a point of
intersection with the Centerline of Corby Boulevard projected West; thence East along
said projected Centerline and the Centerline of Corby Boulevard to the Point of
Beginning.
Containing 540.70 acres more or less.
Revised 8- 23 -12.
Revised 7- 28 -13.
Revised 11- 17 -13.
3
-Wed in Clerk's Office,
K /20203
J01
CITY CLERk, % UUTH SENa, w
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
DE
November 19, 2013
Mr. Derek Dieter
President, South Bend Common Council
4th Floor County City Building
South Bend IN 1.6601
PHONE: 574/235 -9371
FAx:574/235 -9021
Re: An Ordinance of the Common Council of the City of South Bend, Indiana,
amending the legal description and map of Ordinance No. 10165 -12, expanding
the current Riverfront Development Project Area
Dear President Dieter:
Attached for filing with the South bend Common Council is a ordinance amending the
legal description and map within Ordinance No. 10165 -12 to expand the boundaries of
the existing Riverfront Development Project Area. This Riverfront Development Project
Area enables businesses within the boundaries of the area to acquire three way liquor
licenses at a substantially reduced cost. Exhibits A and B attached to the ordinance
contain the new map and legal description respectively of the expanded area. However,
for your convenience, copies of exhibits A & B attached to this letter show exactly what
parcels have been added to the original area.
To date, since the South Bend Common Council first passed the ordinance last year
establishing the Riverfront Development Project Area, it has led to the issuing of six
licenses and helped leverage economic development within the downtown and East Bank
areas. Expansion of the district is expected to attract the development of more dining
and cultural opportunities to South Bend.
The district expansion areas can be generally described within two areas:
PLANNING
NEIGHBORHOOD ENGAGEMENT
BUSINESS DEVELOPMENT
hi IN xAIN PAMELA C. MEYER CHRIS FIELDING
ECONOMIC RESOURCES
BROCK ZEEB
�`, O.
AEDA Expansion: Along the St. Joseph River, south of Sample Street and
between High and Miami Streets; an area that's also across the river from the
Farmer's Market District. This area is identified in GREEN on the maps and
legal description attached to this letter.
SBCDA Expansion: Western portion of downtown and Monroe Park
neighborhood incorporates parcels along corridors planned for enhancements
through the "Smart Streets" initiative. This area is identified in BLUE on the
maps and legal description attached to this letter.
Thank you for your consideration of this ordinance. Know that I plan to make the
presentation to the Common Council at its committee and regular meetings.
Thank you for your consideration.
Sincerely,
U`6
Christopher D. Dressel
Planning Team
Enc
in
CITY CLFRK, SOUTH ELKV, IN
Exhibit A
Existing Municipal Riverfront District
with SBCDA & AEDA Proposed Expansion Areas
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Legend
W Proposed Expansion Area - SBCDA
=Proposed Expansion Area -AEDA
Existing Riverfront District
SBCDA Boundary
NNDA—boundary
AEDA Boundary
St. Joseph River
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Exhibit B
Legal Description for the Downtown Municipal Riverfront District
Beginning at the intersection of the Centerline of Corby Boulevard with the Centerline of
St. Louis Boulevard; thence South along the Centerline of said St. Louis Boulevard a
distance of 247.5 feet more or less; thence East 193 feet more or less to a point on the
East right -of -way of a North -South Alley, thence South along said East line 630 feet
more or less to a point of intersection with a 14 -foot wide East -West Alley; thence
Southeasterly a distance of 228 feet more or less to a point of the South right -of -way line
of South Bend Avenue; thence Southwesterly along said South line a distance of 250 feet
more or less to a point which is 142.12 feet more or less Northeasterly of the East line of
St. Louis Boulevard; thence Southeasterly a distance of 128 feet more or less to the North
right -of -way line of Sorin Street; thence East along said North line a distance of 25 feet
more or less; thence South a distance of 238 feet more or less to the South right -of -way
line of Miner Street; thence West along said South line a distance of 237 feet more or less
to the Centerline of St. Louis Boulevard; thence along said Centerline a distance of
1322.5 feet more or less to the Centerline of LaSalle Avenue; thence West along said
Centerline to the North projected Centerline of the first Alley East of Hill Street; thence
South, along said projected Centerline to a point that is 66 feet North of the North right -
of -way line of Washington Street; thence East to the East right -of -way line of St. Louis
Boulevard; thence South along said East right -of -way line to the North right -of -way line
of Washington Street; thence East on said North right -of -way line to the East right -of-
way line of the first North -South Alley East of St. Louis Boulevard; thence South along
said East right -of -way line of Alley to the South right -of -way line of the first East -West
Alley South of Washington Street; thence West along said South right -of -way line of said
Alley to the centerline of the first 14 -foot North -South Alley lying East of Hill Street;
thence South along said Centerline of Alley to the South right -of -way line of Jefferson
Boulevard; thence East along said South right -of -way line to a point 51 feet East of the
East right -of -way line of St. Louis Boulevard; thence South 72 feet; thence West 51 feet
parallel with and 72 South of the South right -of -way line of Jefferson Boulevard to the
East right -of -way line of St. Louis Boulevard; thence South along said East right -of -way
line to the North right -of -way line of Wayne Street; thence East along said North right -
of -way line of Wayne Street to the East right -of -way line of Notre Dame Avenue; thence
South along said East right -of -way line to a point on the East right -of -way line of Notre
Dame Avenue which is South 205 feet from the South right -of -way line of Wayne Street;
thence East 173 feet; thence North 102.5 feet; thence East 171.07 feet to the West right -
of -way line of Frances Street; thence South along said West line 102.5 feet to a point of
intersection with the North right -of -way line of Quimby Street extended West; thence
East along the North right -of -way line of Quimby Street and its Westerly extension to the
West right -of -way line of Eddy Street; thence South along said West line to the South
line of the Plat of Parry's Addition; thence West along the said South line and the South
line of the Plat of Beck's IS` Addition to the West right -of -way line of Frances Street;
thence South along said West line to the Northeasterly right -of -way line of Northside
Boulevard; thence Southeasterly along said Northeasterly right -of -way line to the South
right -of -way line of Sample Street; thence Southwesterly along said South right -of -way .
line to the Centerline of the St. Joseph River; thence meandering Northwesterly along
said Centerline to the Easterly projection of the Southerly right -of -way line of Monroe
Street; thence Southwesterly along said projection and the Southerly right -of -way line of
Monroe Street to the Easterly right -of -way line of Lincolnway East (S. R. #933); thence
in certain places being sometimes known as St. James Court, to the North right -of -way
line of La Salle Avenue; thence East along said North right -of -way line to the West right -
of -way line of Lafayette Boulevard; thence North along the said West right -of -way line
to the Centerline of Navarre Street; thence East along the Centerline of Navarre Street to
a point of intersection with the East right -of -way line of St. Joseph Street projected
North; thence South along said projection and the East right -of -way line of said St.
Joseph Street to the North right -of -way line of Marion Street; thence East along said
North right -of -way and its projection to the East to the Centerline of the St. Joseph River;
thence Northeasterly along the Centerline of the St. Joseph River to a point of
intersection with the Centerline of Corby Boulevard projected West; thence East along
said projected Centerline and the Centerline of Corby Boulevard to the Point of
Beginning.
Containing 540.70 acres more or less.
Revised 8- 23 -12.
Revised 7- 28 -13.
Revised 11- 17 -13.
3
01-L � o (0-1 - � �
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, SETTING THE FINAL INTERFUND LOAN AMORTIZATION
SCHEDULES FOR MAJOR MOVES FUND 412 ADVANCES TO THE NORTHEAST
RESIDENTIAL TIF FUND 436 IN CONNECTION WITH THE EDDY STREET
COMMONS AND TRIANGLE DEVELOPMENT PROJECTS
STATEMENT OF PURPOSE AND INTENT
On January 28, 2008, the Common Council of the City of South Bend adopted Ordinance
No. 9824 -08 appropriating monies from Major Moves Fund 412 to provide funding for
certain infrastructure improvements relating to construction of a mixed use development
commonly known as Eddy Street Commons and the Triangle Development. The
appropriation was in the amount of $5,300,000 and included an interfund loan
amortization schedule requiring semi - annual payments of $291,205 from the Northeast
Residential TIF Fund 436 beginning August 15, 2011 and ending February 15, 2026.
Monies appropriated for the Triangle Development project under Ordinance No. 9824 -08
were never expended due to project delays and the City let the appropriation expire at the
end of 2009. On March 28, 2011, the Common Council of the City of South Bend
adopted Ordinance No. 10077 -11 re- appropriating $2,000,000 from Major Moves Fund
412 to provide funding for the Triangle Development project and included with this
ordinance an interfund loan amortization schedule requiring semi - annual payments of
$82,137 from the Northeast Residential TIF beginning August 15, 2014 and ending
February 15, 2029. In addition, a new interfund loan amortization schedule was approved
for the Eddy Street Commons project requiring semi - annual payments of $195,888 from
the Northeast Residential TIF beginning August 15, 2011 and ending February 15, 2026.
The final costs paid by Major Moves Fund 412 for the Eddy Street Commons and
Triangle Development projects are now known and were $3,942,529 and $1,513,920,
respectively. The City of South Bend desires to restate the loan amortization schedules
for these projects to reflect the final costs incurred and compute new semi - annual
payment amounts due Major Moves Fund 412 from the Northeast Residential TIF Fund
436. The interest rate charged and repayment period have not changed. The revised loan
amortization schedule for Eddy Street Commons requires semi - annual payments of
$195,888 beginning August 15, 2011 and ending August 15, 2013, semi - annual payments
of $186,218 beginning February 15, 2014 and ending August 15, 2025, and a final
payment of $186,231.87 on February 15, 2026. The revised loan amortization schedule
for the Triangle Development requires semi - annual payments of $60,371 beginning
August 15, 2014 and ending August 15, 2028 and a final payment of $60,388.32 on
February 15, 2029.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I: That Common Council Ordinance No. 9824 -08, dated January 28, 2008,
and Common Council Ordinance No. 10077 -11, dated March 28, 2011 are hereby
amended to incorporate the attached loan amortization schedules from Major Moves
Fund 412 to the Northeast Residential TIF Fund 436 to reflect final costs paid by Major
Moves Fund 412 in connection with the Eddy Street Commons and Triangle
Development projects. The revised semi - annual payment amounts are stated above.
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
Attest: Member of the Common Council
bbft of Us V ff . yid
!a �i S3' L�111j°:iwf �eb +lffF].Q M
Opportunity U PVL!.s haaring and
City Clerk Cod cacum O,7 6i& iu4?
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
o'clock . m.
, 2010, at
Mayor, City of South Bend, Indiana
rte.- ._..Y..._._... __..._.. _
1,j READING
w✓ y L
PUBLIC HEARING
3 rd READING
NOT APPROVED
CITY CURVV, ...
REFERRED
,___.__.�...��_....__�......
PASSED
Indiana
Major Moves Fund 412 Interfund Loan to NE Residential TIF Fund 436
Eddy Street Commons
Interfund Loan Amortization Schedule
November 1.1, 2013
Principal - $3,942,529 (costs paid by Major Moves Fund) Revised
- Semi - annual, beginning August 15, 2011 through February 15, 2026.
Thirty (30) payments. Interest rate - 5%
Residental TIF Expenditures - #436- 1050 - 460 -38 -01 (Principal), #436- 1050- 460 -38 -02 (Interest)
Moves Revenue - #412- 0000 - 399.02 -06 (Principal), #412. 0000 - 399 -02 -07 (Interest)
- $186,218.00
Beginning 5% Ending
Payment Payment Principal Total Interest Principal Principal
Number Date Balance Paid Paid Paid Balance
1
8/15/2011
3,942,529.00
195,888.00
98,563.23
97,324.78
3,845,204.23
2
2/1512012
3,845,204.23
195,888.00
96,130.11
99,757.89
3,745,446.33
3
8/15/2012
3,745,446.33
195,888.00
93,636.16
102,251.84
3,643,194.49
4
2/15/2013
3,643,194.49
195,888.00
91,079.86
104,808.14
3,538,386.35
5
8115/2013
3,538,386.35
195,888.00
88,459.66
107,428.34
3,430,958.01
6
2/15/2014
3,430,958.01
186,218.00
85,773.95
100,444.05
3,330,513.96
7
8/15/2014
3,330,513.96
186,218.00
83,262.85
102,955.15
3,227,558.81
8
2/15/2015
3,227,558.81
186,218.00
80,688.97
105,529.03
3,122,029.78
9
8/15/2015
3,122,029.78
186,218.00
78,050.74
108,167.26
3,013,862.52
10
2/15/2016
3,013,862.52
186,218.00
75,346.56
110,871.44
2,902,991.09
11
8/15/2016
2,902,991.09
186,218.00
72,574.78
113,643.22
2,789,347.86
12
2/15/2017
2,789,347.86
186,218.00
69,733.70
116,484.30
2,672,863.56
13
8/15/2017
2,672,863.56
186,218.00
66,821.59
119,396.41
2,553,467.15
14
2/15/2018
2,553,467.15
186,218.00
63,836.68
122,381.32
2,431,085.83
15
8/15/2018
2,431,085.83
186,218.00
60,777.15
125,440.85
2,305,644.97
16
2/15/2019
2,305,644.97
186,218.00
57,641.12
128,576.88
2,177,068.10
17
8/15/2019
2,177,068.10
186,218.00
54,426.70
131,791.30
2,045,276.80
18
2/15/2020
2,045,276.80
186,218.00
51,131.92
135,086.08
1,910,190.72
19
8/15/2020
1,910,190.72
186,218.00
47,754.77
138,463.23
1,771,727.49
20
2/15/2021
1,771,727.49
186,218.00
44,293.19
141,924.81
1,629,802.68
21
8/15/2021
1,629,802.68
186,218.00
40,745.07
145,472.93
1,484,329.74
22
2/15/2022
1,484,329.74
186,218.00
37,108.24
149,109.76
1,335,219.99
23
8/15/2022
1,335,219.99
186,218.00
33,380.50
152,837.50
1,182,382.49
24
2/15/2023
1,182,382.49
186,218.00
29,559.56
156,658.44
1,025,724.05
25
8/15/2023
1,025,724.05
186,218.00
25,643.10
160,574.90
865,149.15
26
2/15/2024
865,149.15
186,218.00
21,628.73
164,589.27
700,559.88
27
8/15/2024
700,559.88
186,218.00
17,514.00
168,704.00
531,855.88
28
2/15/2025
531,855.88
186,218.00
13,296.40
172,921.60
358,934.27
29
8/15/2025
358,934.27
186,218.00
8,973.36
177,244.64
181,689.63
30
2/15/2026
181,689.63
186,231.87
4,542.24
181,689.63
(0.00)
Total 5,634,903.87 1,692,374.87 3,942,529.00
City of South Bend, Indiana
Major Moves Fund 412 Intertund Loan to NE Residential TIF Fund 436
Triangle Development
Intertund Loan Amortization Schedule
March 14, 2011
)riginal Principal - $1,513,920 (costs paid by Major Moves Fund) Revised
' ayments - Semi - annual, beginning August 15, 2014 through February 15, 2029.
2/28/2013
Thirty (30) payments. Interest rate - 2 %.
0.00
IE Residentai TIF Expenditures - #436- 1050 - 460 -38 -01 (Principal), #436- 1050 - 460 -38.02
(Interest)
lajor Moves Revenue - #412- 0000 - 399 -02 -06 (Principal), #412 -0000 - 399 -oz -07 (Interest)
1,558,050.00
ayment - $60,371.00
8/15/2014
1,558,050.00
2%
Beginning 2%
Unpaid Ending
Payment Payment Principal Total Interest Principal Capitalized
Principal
Number Date Balance Paid Paid a.ia
2/15/2015
2/28/2013
1,513,920.00
0.00
0.00
0.00
44,130.00
1,558,050.00
1
8/15/2014
1,558,050.00
60,371.00
15,580.50
44,790.50
0.00
1,513,259.50
2
2/15/2015
1,513,259.50
60,371.00
15,132.60
45,238.41
0.00
1,468,021.10
3
8/15/2015
1,468,021.10
60,371.00
14,680.21
45,690.79
0.00
1,422,330.31
4
2/15/2016
1,422,330.31
60,371.00
14,223.30
46,147.70
0.00
1,376,182.61
5
8/15/2016
1,376,182.61
60,371.00
13,761.83
46,609.17
0.00
1,329,573.44
6
2/15/2017
1,329,573.44
60,371.00
13,295.73
47,075.27
0.00
1,282,498.17
7
8/15/2017
1,282,498.17
60,371.00
12,824.98
47,546.02
0.00
1,234,952.15
8
2/15/2018
1,234,952.15
60,371.00
12,349.52
48,021.48
0.00
1,186,930.67
9
8/15/2018
1,186,930.67
60,371.00
11,869.31
48,501.69
0.00
1,138,428.98
10
2/15/2019
1,138,428.98
60,371.00
11,384.29
48,986.71
0.00
1,089,442.27
11
8/15/2019
1,089,442.27
60,371.00
10,894.42
49,476.58
0.00
1,039,965.69
12
2/15/2020
1,039,965.69
60,371.00
10,399.66
49,971.34
0.00
989,994.35'
13
8/15/2020
989,994.35
60,371.00
9,899.94
50,471.06
0.00
939,523.29
14
2/15/2021
939,523.29
60,371.00
9,395.23
50,975.77
0.00
888,547.53
15
8/15/2021
888,547.53
60,371.00
8,885.48
51,485.52
0.00
837,062.00
16
2/15/2022
837,062.00
60,371.00
8,370.62
52,000.38
0.00
785,061.62
17
8/15/2022
785,061.62
60,371.00
7,850.62
52,520.38
0.00
732,541.24
18
2/15/2023
732,541.24
60,371.00
7,325.41
53,045.59
0.00
679,495.65
19
8/15/2023
679,495.65
60,371.00
6,794.96
53,576.04
0.00
625,919.61
20
2/15/2024
625,919.61
60,371.00
6,259.20
54,111.80
0.00
571,807.80
21
8/1512024
571,807.80
60,371.00
5,718.08
54,652.92
0.00
517,154.88
22
2/15/2025
517,154.88
60,371.00
5,171.55
55,199.45
0.00
461,955.43
23
8/15/2025
461,955.43
60,371.00
4,619.55
55,751.45
0.00
406,203.98
24
2/1512026
406,203.98
60,371.00
4,062.04
56,308.96
0.00
349,895.02
25
8/15/2026
349,895.02
60,371.00
3,498.95
56,872.05
0.00
293,022.97
26
2/15/2027
293,022.97
60,371.00
2,930.23
57,440.77
0.00
235,582.20
27
8/15/2027
235,582.20
60,371.00
2,355.82
58,015.18
0.00
177,567.02
28
2/15/2028
177,567.02
60,371.00
1,775.67
58,595.33
0.00
118,971.69
29
8/15/2028
118,971.69
60,371.00
1,189.72
59,181.28
0.00
59,790.41
30
2/1512029
59,790.41
60,388.32
597.90
59,790.42
0.00
(0.00)
Total
1,811,147.32
253,097.32
1,558,050.00
44,130.00
120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
Fax 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 12, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4`I' Floor
South Bend, Indiana 46601
RE: Revision of Major Moves Fund Interfund Loan Amortization Schedules with the
Northeast Residential TIF Fund for the Eddy Street Commons and Triangle Development
Dear President Dieter,
On January 28, 2008 and on March 28, 2011, the Common Council approved
appropriations from the Major Moves Fund to pay for certain infrastructure costs in
connection with the Eddy Street Commons and Triangle Development projects. The costs
paid by Major Moves are being repaid by the Northeast Residential TIF Fund according
to amortization schedules and these schedules were based on maximum allowable
expenditure limits.
The final costs paid by Major Moves are now known and were $3,942,529 for Eddy
Street Commons and $1,513,920 for the Triangle Development. Therefore, City
Administration desires to amend the inter fund loan amortization schedules currently in
effect to reflect the actual amounts paid. The interest rate charged and other terms have
not changed.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for I" reading on November 25, 2013 with
2 "d reading, public hearing and 3`d reading scheduled for December 9, 2013.
Thank you for your attention to this request. If you should have any questions;-please feel
to contact me at 574- 235 -7500. i �a, ; L, ,
Fit�d in �.- ..
Regards,
Mark W. Neal
City Controller ;
orrYCLia:.. _,_.._._._...
I
�� A
CC: Mayor Pete Buttigieg
Kathryn Roos, Deputy Chief of Staff
Christal Brisco, Corporation Counsel
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEC, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR I I
December 1, 2013 L
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Residential Real Property Tax Abatement Petition for:
Deeth, Kevin and Kelley
Dear Council Member Ferlic:
PHONE: 574 /235 -9371
FAX: 574/235 -9021
l3 -�6
Kevin and Kelley Deeth would like to withdraw their application for tax abatement; please see the
attached email from Kevin Deeth.
Should you or any of the other Council members have any questions concerning the report, or need
additional information, please feel free to call me at 235 -9339.
Brock Zeeb
Director, Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
Chris Fielding
Filed fin aerk ai�i�-,
{
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN i
ASSISTANT EXECUTNE DIRECTOR PIANNENG NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCBS
CHRIS FIELDING JITIN KAIN PAMELA C. MEYER BROCKZEEB
Kathy Hahn
From:
Kevin Deeth <Kevin.D.Deeth.l @nd.edu>
Sent:
Monday, December 02, 2013 11:47 AM
To:
Janice Talboom
Cc:
Kathy Hahn; kelley.deeth @gmail.com
Subject:
Tax Abatement
Janice and Kathy, due to the unforeseen restrictions that were not made clear prior to our initiation of the tax
abatement, we would like to withdraw or tax abatement petition. Because we were unaware of the restrictions we
would be grateful if we could get our $50 fee to process the abatement waived or reimbursed. Let me know if there is
anything we need to do to finalize our withdrawal. Thanks.
Kevin Deeth '10
Assistant Manager of Programming and Instruction
Compton Family Ice Arena
University of Notre Dame
Notre Dame, IN. 46556
(574) 631 -3605
kdeeth @nd.edu
https://twitter.com/NDCFIA
https://www.facebook.com/NDCFIA
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT:
5117 S. IRONWOOD DRIVE, SOUTH BEND, INDIANA 46614
WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a
Special Exception be granted for the property located at: 5117 S. Ironwood Drive, South Bend
Indiana 46614 in order to permit a 158 -foot wireless telecommunications tower at the 4 -H
Fairgrounds with an aggregate access drive.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of 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 City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City
Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
PRESENTED
NOT APPROVED
ADOPTED
Member of the Common Council
jng of phisl ��'1
A) Op, % at1�
Opp
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Flied In IfflC@
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[CITY CLERK, 5C3F3 T H BEND, IN
Chicago SMSA Limited Partnership
d /b /a VERIZON WIRELESS
City of South Bend, Indiana
Wireless Telecommunications Facility
Special Use & Variance Applications
Project Location:
St. Joseph County 4 -H Fairgrounds
5117 S. Ironwood Drive
South Bend, Indiana 46614
ApplicantlTenant:
Chicago SMSA Limited Partnership
d /b /a Verizon Wireless
1515 Woodfield Road, Suite 1400
Chicago, IL 60631
Agent for Verizon:
Insite inc.
WM Ewb CoauNig Smias
Shane Hennessy -York
2210 Midwest Road, Suite 213
Oak Brook, IL 60523
(312) 442 -2202
Landlord:
St. Joseph County 4 -H Fair, Inc.
5117 S. Ironwood Road
South Bend, Indiana 46614
Les Slavinskas, President
CITY OF SOUTH BEND
Wireless Telecommunications Facility Special Use and Variance Project Summary
Petitioner
Chicago SMSA Limited Partnership d /b /a Verizon Wireless ( "Verizon Wireless ") is a leading national
wireless phone carrier and offers one of the finest wireless communications networks in the nation.
Property Description
Verizon Wireless has a entered a lease agreement with St. Joseph County 4 -H Fair, Inc., owner of the
property located at 5117 S. Ironwood Road, South Bend, Indiana 46614, to install a one hundred fifty
eight foot (158') wireless telecommunications facility. The proposed facility lies within the South Bend
"SF1" Single Family and Two Family District and consists of a 60'x 60' lease area with a 150' monopole
(antennae center line at 150', 158' total height to top of lightning rod) and related equipment. The plans
also show plenty of space for future collocation by others. Although there is no guarantee of collocation,
the plans show the site area can accommodate the additional carriers /services. Access to the facility will
be by way of an easement driveway off Bituminous Drive.
Statement Petition
Verizon Wireless respectfully requests the consideration and approval of a Special Use application in the
City of South Bend. Therefore, as requested in the Area Board of Zoning Appeals instructions for filing
petitions, please accept the following justification statement petition listed below addressing the items
listed in the Special Use application:
The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
The proposed facility will be designed and constructed to meet applicable governmental and
industry standards. Specifically, Verizon Wireless will comply with FCC and FAA rules governing
construction requirements, technical standards, interference protection, power and height
limitations and radio frequency.
Wireless technology does not have an adverse effect on matters affecting the public health,
safety & general welfare. To the contrary, wireless technology affords vital communications in
emergency situations and will commonly be used by local residents and emergency personnel to
protect the general public's health, safety and welfare. These emergency services include 911
services, the ability to transmit vital data and a backup system to landline phone communication.
ii. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
The proposed facility will be unstaffed and, upon completion, will require only infrequent
maintenance visits (approximately one or two times a month) by a service technician. Access to
the proposed facility will be via the existing entryways to the property. The facility is entirely self -
monitored by sophisticated computers which connect directly to a central office to alert personnel
to equipment malfunction or breach of security. Hence, the facility will not have any material
impact on traffic, parking or storm water control nor will the proposed facility create any
substantial adverse effect on public safety. Moreover, no material noise, glare, smoke, debris
traffic flow or any other nuisance will be generated by the proposed facility.
Page 2 of 6
The facility will not diminish and impair the value of other property in the neighborhood, but rather,
its presence will enhance and provide wireless communications to the residents of the City of
South Bend and St. Joseph County. Enhanced wireless communication will have a positive
influence on the economic development of this area. Businesses, employees and customers will
benefit from improved Verizon Wireless service which will increase productivity, convenience and
access to information. The availability of current and future cutting edge wireless technology will
continue to make the City of South Bend and St. Joseph County a pleasant place to live and
desirable place to invest and conduct business.
iii. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein; and
The proposed facility is designed to fill a coverage gap in the Applicant's network. The network
operates on a "grid" system, whereby overlapping "cells" (geographic wireless coverage areas)
mesh to form a continuous wireless network. In order to provide wireless coverage within the
geographic confines of each cell, a wireless facility ( "cell site') must be located somewhere near
the center of that cell. If the wireless facility is not located within or near the center or the height of
the antennas is inadequate, then coverage gaps exist. Coverage gaps result in a weak wireless
signal which to the end user means a dropped call or inability to make or receive a call. Given the
public's increasing dependency on wireless technology, wireless networks and the cell sites that
they are made up of are now, more than ever, critical to the safety and well -being of the overall
population.
Verizon Wireless feels it designed a site that will be in harmony with the appropriate, orderly
development of the zoning district in which it is located. The establishment, maintenance and
operation of the proposed facility will be wholly contained within a 60' x 60' lease area, unless
another carrier collocates at a future date. In that case, the ground lease area depicted in the
plans will house additional equipment. Due to the size of the lease area within the grand scale of
the 4 -H Fairground, and the nature of wireless technology, there will be little impact on the orderly
development of the surrounding properties. Similar to other reliable utility networks such as
electric, gas & water, wireless networks are essential to the development of any community.
Access to the proposed facility will be via an aggregate extension to an existing driveway within
the fairgrounds so no major grading, earth moving or environmental impact will be sustained.
Additionally, with the facility being unstaffed and maintenance visits occurring only once or twice
monthly, there will be no impact on the existing traffic patterns nor will there be any traffic hazards
or nuisances generated.
iv. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan.
As noted, the applicant has been sensitive in the selection and design of the proposed facility.
The granting of the Special Use will not impede, substantially hinder, or discourage the
development and use of adjacent land and buildings as the proposed facility is a slight alteration
of the existing site conditions. In addition, reliable utility networks such as electric, gas, water and
wireless networks are essential to the development of any community further supporting the
interpreted recommendations of the comprehensive plan. Verizon Wireless' operational
technology is heavily regulated and routinely managed so as not to interfere with any other form
of communication or utility.
Page 3 of 6
In addition, enhanced wireless communication will have a positive influence on the economic
development of this area. Businesses, employees and customers will benefit from improved
Verizon Wireless service that will increase productivity, convenience and access to information.
Indeed, quality wireless networks within your community assure that businesses remain
connected with their customers, vendors and employees. This is one of the factors that will
encourage existing businesses to remain and expand and may help attract new businesses or
private investment to the City of South Bend and Saint Joseph County.
Also required in the municipal code, Section 21 -08.01 for Special Regulations for Wireless
Telecommunications Facilities, please find the additional Special Use requirements below:
a. A narrative detailing:
The reason for need (coverage, capacity, new users, etc.) for a telecommunications
tower or wireless communication facility at the requested site.
Verizon Wireless is seeking approval for a wireless communications facility detailed in the
attached application to keep up with coverage, capacity and new users because of the
constant evolution of wireless handsets and consumer demand for data -rich programming
and application uses. The attached maps show a deficiency in the coverage objective as
determined by the Verizon Wireless RF Engineering department who have analyzed the
network. In the current maps, the Engineers see & anticipate a growing deficiency in this
area thereby requiring the new, proposed macro cell site. Please refer to the attached
maps which show current deficiency & the anticipated coverage to fill network gaps and
provide reliable coverage created by the proposed tower.
2. The nature of any existing wireless communication facility with information
regarding collocation opportunities or limitations.
The alternative candidate considered within the area lacking reliable coverage was a
short, 45 foot water tower near Route 20 and Ironwood Drive. Although there are existing
carriers on this water facility, the Verizon Wireless RF Engineers evaluated the tank for
collocation consideration and determined this water tower was too low for Verizon
Wireless to install equipment while meeting the required service objectives as determined
by their network analysis. Therefore the proposed 150 foot tower is justified as a
resolution to provide sufficient and improved coverage while being collocatable by others
after construction completion. Please refer to the included affidavit provided by the
Verizon Wireless RF Engineer stating the short water tank is an unacceptable candidate.
3. The manner in which the proposed placement will promote the City of South Bend
Telecommunications Policies.
Due to the fact that Verizon Wireless has been sensitive in selecting a site that will
minimize the impact of the surrounding property, the proposed facility will not alter the
essential character of the neighborhood. The proposed facility and the proposed variation
will be compatible with the existing environment for the purposes already permitted and
will not interfere with the use and enjoyment of any other property in the immediate
vicinity. Wireless technology does not interfere with any other form of communication,
whether public or private. Additionally, wireless technology provides vital communication
in emergency situations and will commonly be used by local residents and emergency
personnel to protect the general public's health, safety and welfare. This facility will not
Page 4 of 6
have an effect on the property values within the vicinity, but rather, its presence will
provide enhanced wireless communications to the residents, businesses and visitors of
the City of South Bend and Saint Joseph County. Enhanced wireless communications will
have a positive influence on this area.
In association with the Special Use application, Verizon Wireless respectfully requests the consideration
and approval of a Variance application for the use of an aggregate access drive in lieu of a hard surface
access drive required by code. Therefore, please accept the following justification statement petition
listed below addressing the items listed in the Variance application:
WHY the approval will not be injurious to the public health, safety, morals and general
welfare of the community.
The proposed facility will be designed and constructed to meet applicable governmental and
industry standards. Specifically, Verizon Wireless will comply with FCC and FAA rules governing
construction requirements, technical standards, interference protection, power and height
limitations and radio frequency.
Wireless technology does not have an adverse effect on matters affecting the public health,
safety & general welfare. To the contrary, wireless technology affords vital communications in
emergency situations and will commonly be used by local residents and emergency personnel to
protect the general public's health, safety and welfare. These emergency services include 911
services, the ability to transmit vital data and a backup system to landline phone communication.
2. WHY the use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner.
The proposed facility will be unstaffed and, upon completion, will require only infrequent
maintenance visits (approximately one or two times a month) by a service technician. Access to
the proposed facility will be via the existing entryways to the property. The facility is entirely self -
monitored by sophisticated computers which connect directly to a central office to alert personnel
to equipment malfunction or breach of security. Hence, the facility will not have any material
impact on traffic, parking or storm water control nor will the proposed facility create any
substantial adverse effect on public safety. Moreover, no material noise, glare, smoke, debris
traffic flow or any other nuisance will be generated by the proposed facility.
The facility will not diminish and impair the value of other property in the neighborhood, but rather,
its presence will enhance and provide wireless communications to the residents of the City of
South Bend and St. Joseph County. Enhanced wireless communication will have a positive
influence on the economic development of this area. Businesses, employees and customers will
benefit from improved Verizon Wireless service which will increase productivity, convenience and
access to information. The availability of current and future cutting edge wireless technology will
continue to make the City of South Bend and St. Joseph County a pleasant place to live and
desirable place to invest and conduct business.
3. WHY the strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property.
Verizon Wireless feels that because the proposed facility will be unstaffed and, upon completion,
will require only infrequent maintenance visits (approximately one or two times a month) by a
service technician, a paved hard surface access road will not be necessary since the access to
Page 6 of 6
the proposed facility will not experience significant use or travel. The facility is entirely self -
monitored by sophisticated computers which connect directly to a central office to alert personnel
to equipment malfunction or breach of security and if the issue cannot be managed remotely from
the main Verizon Wireless office, only then will a technician be deployed to the facility. Therefore,
the facility will not have any material impact on traffic, parking or storm water control nor will the
proposed facility create any substantial adverse effect on public safety which further justifies an
aggregate access road as a suitable alternative.
Thank you in advance for your consideration of the Verizon Wireless Special Use and Variance
applications. We respectfully request a favorable recommendation for approval and look forward to
expanding the Verizon Wireless network to continue providing substantial, reliable and efficient wireless
telecommunications services in the City of South Bend and the County of Saint Joseph. Please do not
hesitate to contact me at (312) 442 -2202 or shanehy @insite - inc.com with any concern.
Sinc2Shane l
nessy - ork
Insite inc.
Rep, Esbb 0�0v s4mims
2210 Midwest Road, Suite 213
Oak Brook, IL 60523
(312) 442 -2202
shanehyainsite -inc. com
Page 6 of 6
U /ill
Verizon Wireless
PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY
Ireland
South Bead, IN
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, Vaughne Glymph, representing Verizon Wireless, (hereinafter , Verizon"), whose address is
1515 Woodfield Road, Schaumburg, IL 60173, being duly sworn, state the following:
1. I am a Radio Frequency Engineer engaged in the development and deployment of Verizon's area
network and involved in network design and optimization, including evaluation and selection of
candidates for wireless telecommunications sites in the network
2. In an effort to provide additional capacity and improve in- building coverage in South Bend, we have
determined that it is necessary to obtain a new site within one [Wile radius of Jackson and York Roads
(the "Search Ring"). We are experiencing degraded performance for customers who live and commute
in this area.
3. My evaluation, conducted in the normal course of Verizon's operations, consisted of predicting signal
propagation via industry- standard software models. I calculated the proposed site's contribution to
Verizon's needs for coverage and capacity in the area intended to be served by the site within reference
to surrounding proposed sites.
4. VerizOn Wireless evaluated a co- location opportunity on an existing water tower near Route 20 and
Ironwood Drive, but the water tower is not suitable as it is approximately forty -five (45) feet tall.
Conversely, the proposed Verizon Wireless tower is one - hundred and fifty (150) feet tall and fits
Verizon's coverage area and coverage needs.
5. Further Affiant Sayeth Not.
IN THE PRESENCE OF:
Print Na e: Vaughnne Glymp t
STATE OF IIJ INOIS
COUNTY OF COOK
On el�aq /�j , before me, Ray Shinkle, Notary Publiq personally appeared Vaughne Glymph,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same of his own free will.
WI my official seal.
Notary Pu li (SEAL)
My commission expires: - - OFFICIAL SEAL
RAY SHINKLE
Notary public -? State of Illinois _
My Commission .Expires Sep 15.2016
Before
Hirer
Ireland, Loc # 168314
View From North
CHICAGO SMSA, limited partnership ERRA
d /b /a Verizon Wireless � `° TERRA `
PETITION OF
CHICAGO SMSA LIMITED PART.IVERIZON
SPECIAL USE
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH,
SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE
BECAUSE:
Development and use as presented will comply with all building, fire safety, traffic, and parking
regulations m to not being injurious to the public health, safety, morals, and general welfare of the community.
2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF
THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the
surrounding properties.
3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE
DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
The conditions to this particular property does create an unusual and unnecessary hardship.
4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF
THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not
deviating from it's intent.
CONDITIONS or REVISIONS:
DECISION
IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the
Roseland Town Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 6TH Day of NOVEMBER, 2013.
YES NO
0
MICHAEL URBANSKI
❑
GERALD PHIPPS
0
RANDALL MATTHYS
0
BRENDAN CRUMLISH
MR
JOE VELLEMAN
ABSENT
JACK YOUNG
0
ROBERT HAWLEY
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
November 7, 2013
The Honorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
Chicago SMSA Limited PartnershipNerizon Wireless
ABZA 11/6/13
Dear Council Members:
The above referenced petition of Chicago SMSA Limited Partnership /Verizon Wireless was
legally advertised on October 17, 2013. The Area Board of Zoning Appeals gave it apublic
hearing on November 6, 2013, at which time the following actionwas taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a 6 -0 vote,
the petition for Special Exception to allow a 158' co- location communications tower in
"SFl" District, on property located at 5117 S. Ironwood Drive, is sent to the Common
Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincere
Charles C. Bulot, C.B.O.
Building Commissioner
CCB /cah
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA
FOR THE PROPERTY LOCATED AT
1020 WEBSTER STREET, SOUTH BEND, INDIANA
WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana
Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval
or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals
makes its recommendation to the Council pursuant to I.C. 36- 7- 4- 918.6; and
WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to
Indiana Code Section 36- 7- 4- 918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of
Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exceptions be granted for the
properties located at:
(1020 WEBSTER STREET, SOUTH BEND, INDIANA)
in order to permit:
The Approval of a Special Exception to allow for the operation of a Resource Recovery facility/Transfer
Station for property located at 1020 Webster Street in South Bend, Indiana per Section 21 -04.02
(A)(2)(B)(D) of the City of South Bend Zoning Ordinance.
SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council
hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the
City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
The proposed uses will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare;
2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values
therein;
The proposed uses will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4. The proposed uses are compatible with the recommendations of the City of South Bend
Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i).
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the
Area Board of Zoning Appeals, which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council
and approval by the Mayor.
?RESENTED
NOT APPROVF(i
ADOPTED
OA,Ak o .' Low
Member of the Common Council
0f us Viill is 000 t0 r'MVWe an
ORlnf for pL ?:r heWN ad
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Filed i
I
'N'l3
CITY CLERK, .;: RENO, IN
L*14
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
Uanch, Earner & Associates, Inc.
Land Surveyors . Professional Engineers
Landscape Architects . Land Planners
Honorable Members of the City of October 14, 2013
South Bend Common Council
4th Floor County -City Building
South Bend Indiana 46601
RE: Special Exception Petition for Webster St. Holdings LLC,
for property at 1020 Webster Street,
South Bend, Indiana:
Dear Council Members:
Our clients are requesting the approval of a Special Exception
for their property located at 1020 Webster Street, South Bend,
Indiana. The Special Exception will allow for the operation of a
Resource Recovery facility /Transfer Station.
Our clients believe that the approval of the proposed Special
Exception will fit with the existing uses in this portion of the
City's older industrial core South of Sample Street and West of
Prairie Avenue.
If you have any questions concerning this matter, please feel
free to give me a call at 234 -4003.
Sincerely,
Michael J. Danch
President
Danch, Harner & Associates, Inc.
File # 130237 Md. "C"
1643 Commerce Drive ■ South Bend, IN 46628 208 West Mars . Berrien Springs, M149103
once 574/234 -4003 m 8001594 -4003 • F,,574/234-4119 office 269/471 -3010 • Fax 269/471 -7237
AREA BOARD OF ZONING APPEALS
OF
ST. JOSEPH COUNTY, INDIANA
NO. FILED 20_
NOTIFIED , 20 HEARING 20
APPEAL
Applicant's Name: Webster St. Holdings, LLC, Attn: Mr. Bill Kyle
Phone 231 -9844
Address: 829 Opal Drive, Valparaiso, Indiana 46383
Address of Property: 1020 Webster Street, South Bend,
Indiana 46619
Present Zoning of Properties: "GI" General Industrial District
Owner's Name: Webster St. Holdings, LLC, Attn: Mr. Bill Kyle
Phone 231 -9844
Address: 829 Opal Drive, Valparaiso, Indiana 46383
Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234 -4003
Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628
TO THE AREA BOARD OF ZONING APPEALS OF
ST. JOSEPH COUNTY, INDIANA
Appeal is hereby taken from the decision of the Building Commissioner
in the matter of erecting, occupying, building, addition at
1020 Webster Street, South Bend, Indiana 46619
NATURE OF APPEAL:
REQUESTED SPECIAL EXCEPTION AND VARIANCES:
PARCEL "A" Zoned "GI" General Industrial:
SPECIAL EXCEPTION REQUEST:
1) . Approval of a Special Exception to allow for the operation of a
Resource Recovery facility /Transfer Station for property located at 1020
Webster Street in South Bend, Indiana per Section 21 -04.02 (A)(2)(B)(D)
of the City of South Bend Zoning Ordinance.
VARIANCE REQUESTS:
1) . A Variance from the requirement of providing required perimeter
landscaping of one (1) deciduous tree at a minimum spacing of 40 feet
on- center along the North, East, West and South property lines to
providing no perimeter landscaping;
2
2). A Variance from the minimum required 150 feet of frontage along an
improved dedicated right -of -way to a minimum of 80 feet more or less
along the existing brick pavement of Webster Street as shown;
3). A Variance from the requirement of providing a paved outside storage
area, paved parking spaces and paved driveways and maneuvering areas to
existing gravel outside storage area, parking spaces and driveway and
maneuvering areas as shown;
4). A Variance from the required Fencing containing 30% open space or
greater and supplemented with Screening of outdoor storage areas
consisting of Type "C ": Full Screening along the North, East, South and
West property lines to using existing and proposed minimum 6 ft. high
chain link fencing on said property lines as shown.
5). A Variance from providing a 6 foot wide landscape bed and
landscaping for the West building.fagade along Webster Street to
providing no additional landscaping;
6). A Variance to allow for outside storage to be located in the front -
yard setback along Webster Street to a minimum of 10 feet to the front
property line as shown;
The Petitioners are the owners of the real estate parcel shown on
the attached site plan and as shown in the records of the St. Joseph
County, Indiana Auditor's office. The Petition property presently has a
Zoning classification of "GI" General Industrial District.
When the Petitioners purchased the property it was being used as a
trucking repair facility. The Petitioners are at a point where they
would like to make some minor renovation to the existing buildings and
begin to operate a Resource Recycling facility /Transfer Station and have
a location that allows them to store their trash containers.
The proposed Resource Recovery facility /Transfer Station would use
the existing buildings and the areas to the northeast of the existing
buildings and the south part of the site would be used for outside
storage. They plan to add fencing along those portions of the perimeter
of the property to tie to the existing fencing to secure the property.
The transfer of recyclable materials will occur in the existing building
located along the east side of the site. There would be no storage of
recyclable materials outside exposed to the elements. Also, there would
be no processing of any recyclable materials on the property. All
materials would be transferred from one truck to another within the east
building. The Petitioners plan to add a weigh station north of the
existing main building. The main building will house the offices for the
facility.
Through discussions with the Area Plan Commission staff and the
Building Department staff, it was determined that in order to place a
Resource Recovery facility /Transfer Station on the site as proposed, a
Special Exception and a few Variances would be required.
3
The first portion of this Petition concerns the request to ask for
approval of a Special Exception to allow for the operation of a Resource
Recovery facility /Transfer Station for property located at 1020 Webster
Street in South Bend, Indiana per Section 21 -04.02 (A) (2) (B) (D) of the
City of South Bend Zoning Ordinance. The property is presently zoned
"GI" General Industrial, but the Ordinance requires approval of a
Special Exception to operate a Resource Recovery facility /Transfer
Station. This site is located in the middle of an old industrial area
within the City limits. The site is surrounded by a variety of
industrial operations, from junk yards, storage areas for various types
of building materials and storage of heavy -duty construction vehicles.
The Petitioners would state that this site is centrally located for
their operations. It allows for their collection trucks to bring filled
trash containers of materials to be emptied and then placed in larger
trucks which will transfer the materials to various facilities for
either recycling or placement in a landfill site. This type of use
appears to fit well with the existing surrounding industrial operations.
The Petitioners would ask the Board Members to agree that approval
of the Special Exception to allow for a Resource Recovery
facility /Transfer Station, would not be injurious to the public health,
safety, comfort, community moral standards, convenience or general
welfare, or injure or adversely affect the use of the adjacent area or
property values therein, and that the proposed uses will be consistent
with the character of the district in which they are located and the
land uses authorized therein, and that the proposed uses are compatible
with the recommendations of the City of South Bend Comprehensive plan,
all of which is requested by the South Bend Municipal Code § 21 -09.03
(i) .
With regards to the site, the following Variances are also being
requested to be approved.
The first Variance request is from the requirement of providing
perimeter landscaping of one (1) deciduous tree at a minimum spacing of
40 feet on- center along the North, East, West and South property lines
to providing no perimeter landscaping. The Petition site is an old
industrial property south of the downtown core. The Petition property is
surrounded by several other industrial sites as mentioned above. The
Petitioners are asking not to be required to add perimeter trees around
the boundary of the site, which abut the other industrial sites to the
North, East West and South. This area has been industrial for the past
several decades and is not part of any new industrial park development.
Having to plant perimeter trees along all four sides of the property
would not be desirable on the mentioned property lines as the trees
would be difficult to care for in order to assure their survival. They
do not believe approval of this Variance would have a detrimental effect
on any surrounding property.
The second Variance request is from the minimum required 150 feet of
frontage along an improved dedicated right -of -way to a minimum of 80
4
feet more or less along the existing brick pavement of Webster Street as
shown. The Petitioners are asking to be allowed to continue to use the
existing paved street for access to their property without being
required to bring the existing street up to the latest City standards
and improve said street for a minimum 150 feet. The existing street
provides satisfactory access for the property and has since the
Petitioners purchased the property. The City has no plans to improve
Webster Street from what exists today. The site has access to Sample
Street, and Webster Street is used today by three other property owners.
The Petitioners do not believe approval of this Variance would be
detrimental to any adjacent property.
The third Variance request is from the requirement of providing a
paved outside storage area, paved parking spaces and paved driveways and
maneuvering areas to existing gravel outside storage area, parking
spaces and driveway and maneuvering areas as shown. The Petitioners
would state that their use of the property with trucks entering and
exiting to drop off containers and take materials for recycling or to
landfills along with picking up containers or dropping them off for
later use places a heavy use on any surface within the site. A paved
surface with the heavy use and the constant picking up and dropping off
of containers would be easily damaged. The Petitioners have found that
using gravel as the wearing surface is easier to maintain. It makes
replacing any heavily used area with additional gravel easy as compared
to ripping up a paved surface and constantly patching worn areas. They
would pave any parking area required to meet ADA standards for access to
the building. The remaining portion of parking would be left on a gravel
surface. The Petitioners do not believe the approval of this Variance
would have a negative impact on any adjacent property.
The fourth Variance request is from the required Fencing containing
30% open space or greater and supplemented with Screening of outdoor
storage areas consisting of Type "C ": Full Screening along the North,
East, South and West property lines to using existing and proposed
minimum 6 ft. high chain link fencing on said property lines as shown.
This request is similar to the first Variance, in that the proposed
outside storage areas abut existing outside storage, existing on the
adjacent properties. The Petitioners propose to place a minimum 6 ft.
high chain link fence along the south perimeter of the property to tie
to the existing fencing running along the west property line and tying
to the building on the east property line. This will help to secure the
site. Since outside storage is being done on adjacent properties, the
Petitioners would ask not to be required to have fencing with add Type
"C" Screening in conjunction with the fencing as stated in the
Ordinance. The Petitioners do not believe the intent of the Ordinance
was to require outside storage of materials to be screened from adjacent
outside storage on similarly zoned properties. The Petitioners would
state that the proposed outside storage areas would be difficult to be
seen directly from the northwest corner of the site from the fully
improved portion of Webster Street. Webster Street presently is unpaved
along a portion the west property line and the City has no plans to pave
Webster Street from where the pavement presently exists. The Petitioners
5
do not believe approval of this Variance request will have an adverse
impact on any surrounding industrial property.
The fifth Variance request is from providing a 6 foot wide landscape
bed and landscaping for the West building fagade along Webster Street to
providing no additional landscaping. The Petitioners are asking to be
able to use the existing building without adding landscaping that is
only being required due to a change in building use. This site does not
have high visibility along a well travelled street, nor is it part of a
new industrial park. The Petitioners do not believe approval of this
Variance would have a negative impact on any surrounding property.
The last Variance request is to allow for outside storage to be
located in the front -yard setback along Webster Street to a minimum of
10 feet to the front property line as shown. The Petitioners would note
that with the location of the existing buildings and the unimproved
Webster Street, the south side of the site provides an excellent place
to locate the Company's trash containers. As mentioned above the City
has no plans to improve Webster Street along the front of the Petition
site. The property to the west is being used to store dirt in large
piles and the property to the south is using the north side of their
property for outside storage. The Petitioners do not believe approval of
this Variance would adversely impact any of the surrounding properties.
The Petitioners would ask the Board Members to agree that approval of
the above described Special Exception and Variances requests will not
have a detrimental affect for this area, nor would the property values,
publics health, safety, morals, or general welfare be adversely
affected.
The Petitioners contend that the strict application of the terms of
the Zoning ordinance will constitute an unusual and unnecessary hardship
as applied to the property for which the Special exception and Variances
are sought: that the need for the Special Exception and Variances arises
from such condition peculiar to the property in the same Zone: and that
the use or value of the area adjacent to the property described in the
Petition for the Special Exception and Variances will not be injurious
to the public health, Safety, morals, or general welfare of the
community.
I attest, under the penalties for perjury, that the foregoing
representations are true.
Michael J. Danch
President
Danch, Harner & Associates, Inc.
Property Owners
Within 300 Feet
MM Blair LLC
Ramar Land Corp
10343 McKinley
600 Gilliam Rd
Osceola, IN. 46561
Wilmington, OH. 45177
Tax Key # 018 8021 0840
Tax Key # 018 8021 084106
Omnisource Corp.
7575 W Jefferson Blvd
Fort Wayne, IN. 46804
Tax Key # 018 8021 084718
Ritschard Bros Inc
1204 W Sample St
South Bend, IN. 46619
Tax Key # 018 8021 084103
Ritschard Bros. Inc
1204 W Sample St
South Bend, IN. 46619
Tax Key # 018 8021 084111
Webster St Holdings LLC
829 Opal Dr
Valparaiso, IN. 46383
Tax Key # 018 8021 084105
Imagineering Enterprises Inc
1302 W Sample St
South Bend, IN. 46619
Tax Key # 018 8021 084002
Omnisource Corp.
7575 W Jefferson Blvd
Fort Wayne, IN. 46804
Tax Key # 018 8021 084104
Omnisource Corp.
7575 W Jefferson Blvd
Fort Wayne, IN. 46804
Tax Key # 018 8021 0847
Omnisource Corp.
7575 W Jefferson Blvd
Fort Wayne, IN. 46804
Tax Key # 018 8021 084717
Indiana Land Trust 70298
108 N Main Ste. 711
South Bend, IN. 46601
Tax Key # 018 8021 084112
AREA BOARD OF ZONING APPEALS
124 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
November 7, 2013
The Honorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
Webster St. Holdings, LLC
ABZA 11/6/13
Dear Council Members:
The above referenced petition of Webster St. Holdings, LLC was legally advertised on October
17, 2013. The Area Board of Zoning Appeals gave it apublic hearing on November 6, 2013, at
which time the following action was taken:
Upon a motion by Mr. Matthys, being seconded by Mr. Urbanski and by a 6 -0 vote,
the petition for Special Exception to allow a Resource Recovery facility/Transfer Station in
a "GP' District, on property located at 1020 Webster St., is sent to the Common Council
with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
SincereI ,
Charles C. Bulot, C.B.O.
Building Commissioner
CCB /cah
PETITION OF
WEBSTER ST. HOLDINGS, LLC
SPECIAL USE
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH,
SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE
BECAUSE:
Development and use as presented will comply with all building, fire safety, traffic, and parking
regulations as to not being injurious to the public health, safety, morals, and general welfare of the community.
2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF
THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the
surrounding properties.
3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE
DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
The conditions to this particular property does create an unusual and unnecessary hardship.
4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF
THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not
deviating from it's intent.
CONDITIONS or REVISIONS:
DECISION
IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the
Roseland Town Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 6TH Day of NOVEMBER, 2013.
YES NO
IK
MICHAEL URBANSKI
x
❑
GERALD PHIPPS
❑
RANDALL MATTHYS
Mx
BRENDAN CRUMLISH
M
JOE VELLEMAN
ABSENT
JACK YOUNG
0
ROBERT HAWLEY
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD.. ROOM 1140
October 23, 2013
Area Board of Zoning Appeals e*,,
125 S. Lafayette, Suite 100
South Bend, Indiana 46601
UILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571
n: "
S \V�tl fM.�i
RE: Area Board of Zoning Appeals Meeting
Dear Board Members:
Common Council
Attn: Janice
Floor County City Building
South Bend, 1N 46601
The following comments are being made concerning some of the items to be heard at the Area
Board of Zoning Appeals meeting on Wednesday. November 6. 2013. The absence of
comments on any particular item should not be construed to mean that the staff agrees with
the request.
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.
1. Petition of Mallory Square, LLC .
The staff recommends approval of these variances for lots 1, 2, 3, 17, 18, 19, and 20 only.
These lots are either already built on, or have infrastructure, like a street, readily available. The
staff feels granting variances, in this instance, for lots not yet created is premature.
Development issues, such as public streets and the extent to which the property can be further
developed, need to be addressed through established procedures before variances for the
other proposed lots are considered. The staff would note that the town must accept the road,
or additional variances for frontage will be required.
10. Petition of Robert J. Truckowski and Robert J. Truckowski II.
The staff recommends denial of this variance. Frontage requirements were established for
many reasons, including clear visual identity, adequate spacing between homes to prevent
stacking of homes, and to reduce confusion between properties for emergency response
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W. ST)OSEPHCOUNTYINDIANA.COM
While staff recognizes the desire to develop this property that has been vacant for quite some
time, careful consideration for the character of the area and protection of the use and value of
adjacent properties needs to be considered. Although the developer might argue that this
project could not proceed at five stories in height, our opinion is that the ordinance, as currently
written, does not prohibit the development of the site for a different proposal. Therefore, it
appears that the standard that strict application of the terms of the zoning ordinance would
result in practical difficulties in the use of the property has not been met.
Having said this, we also recognize that the current ordinance and plan were written during a
different city administration and Common Council and that land use policies can change over
time. If it is the current thinking of the City Administration that the height of buildings in the East
Bank should be increased, then the East Bank Village Plan, Phase One needs to be reviewed,
and the zoning ordinance amended accordingly. The staff would be willing to draft an
amendment to the zoning ordinance for consideration by the Area Plan Commission and
Common Council. It may be advisable for the developer to request that this item be tabled to
allow this conversation to take place. If the variance is denied, the petitioner will have to wait
six months before reapplying.
Special Exception If Special Use
A special exception use /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 s authorized therein;
,- Ali ropose u is comp 'bl� with the recommendations of the Comprehensive
Plan. \
20. LPetition of Webster St. Holdings, LLC .
Basormation available prior to the Bo d meeting, the staff recommends that the
vari granted and the special excepti be sent to the Common Council with a
vommendation.
osed use will not In us to the public health, safety, comfort, community
moral standards, convenience or general welfare.
The proposed use does not include the processing or storage of recyclable materials; it
is being established as a transfer station. The actual transfer will be conducted within an
existing building and will not be injurious to the general welfare of the community.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein.
The proposed use is located within and surrounded by the GI General Industrial District.
The GI District is established to provide for manufacturing and processing facilities
which may require substantial amounts of outdoor storage and outdoor operations. The
proposed use will not adversely affect the use of the adjacent area or property values.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W. S T,O SE PH C OU N TY IND I ANA, C OM
The proposed use is located over 400' from the nearest adjacent property owner and
over 400' from Jackson Road and includes all required screening, so it should not
adversely affect the use or property values of the adjacent area.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein.
While the general area is single - family residential, the area in which the proposed use
will be located is part of the St. Joseph County Fairgrounds which is a public use.
There are several large transmission towers in the area so the request is consistent with
the character of the area.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
City Plan, South Bend Comprehensive Plan (November 2005) Objective PF 4.1:
Encourage the development of telecommunications infrastructure that enhances the
City's level of communication and service.
Sincerely,
Ang M. Smith
Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND
W W W. ST) O S E PH C OU NTTI N DIANA. C OM
&'�v 00. 13 —�('o
RESOLUTION NO.
A RESOLUTION CONFIRP✓IING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1028 Notre Dame Avenue
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
Maria Jose Fernandez Moreno & Francisco de Asis Martinez Jerez
WHEREAS, the Common coi-mil of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating "r tain areas within the City as Residentially Distressed
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Fesolution designated the area commonly known as 1028
Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows:
That part of the Northwest Quarter Section 1, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot `B" as
shown on the Plat of Boyd - Snee's Subdivi ion, First Replat recorded June 13, 2012 in the Office
of the St. Joseph County, Indiana Recorder as Instrument No. 1217686. Containing 0.19 acres
more or less. Subject to all legal right -of —ways, easements, and restrictions of record.
and this property has Tax Key Number 018 -5105- 370203 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 _terested persons; and
WHEREAS, the Council has del- rmined that i5e 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 I. The Common Council herby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6 -1.1 -12.1 et sea., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance No. 9394 -03, which was passed on
February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only one (1)
or two (2) family dwellings designed for up to four (4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
L the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as documented
by census information, local building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (101%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable standards
for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of this
nature;
C. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
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
2
from the date of adoption of the Declaratory Resolution by the Common Council as shown by
the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17.
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 further 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.
PRESENTED .
NOT APPROV11%
ADOPTED
Member of the Common Ouncil
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CITY GI.F'.ie,.._
AII'r+r, -:3:
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
215 NORTH SYCAMORE STREET
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (8) EIGHT -YEAR REAL
PROPERTY TAX ABATEMENT FOR
EAST BANK SOUTH BEND DEVELOPMENT LLC.
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 215 N.
Sycamore St., South Bend, Indiana, and which is more particularly described as follows:
LOT NUMBER 9 OF EAST BANK TOWNHOMES MINOR SUBDIVISION LOCATED IN
THE NORTHWEST 1/4 SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF
SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND
RECORDED AS INSTRUMENT NO 1100776 IN THE OFFICE OF THE RECORDER OF ST.
JOSEPH COUNTY, INDIANA
and which has Key Number of 71- 08 -12- 127 - 004.000 -026, as an Economic Revitalization Area;
and
WHEREAS, notice of the ad-Option 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
remonstrance's 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 a period of (5) five 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 sea.
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.
PRESENTED
NOT APPROVED
'ADOPTM
Member of the Common C46uncil
Sign?ng of ti ill i5 on1
oppoirtmilly f3i n,. 8 to Pra:�e an
Council action on a is issue, ain8 ard
'-fled in Clerk's Office,
NU 2 0 Z013
iJOHM @ionill)k
CITY CLERK, SOUTH SEND, IN
&J PJ 3_ � 3 -n
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1106 20th Street, 1112 20th Street, and 2007 North Side Blvd.
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (9) NINE -YEAR REAL
PROPERTY TAX ABATEMENT FOR
MECCA COMPANIES, 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 1106 20'h
Street, 1112 20th Street, and 2007 North Side Blvd., South Bend, Indiana, and which is more
particularly described as follows:
PARCEL I: Lot Numbered One (1) and a lot or parcel of land 38.35 feet in width, North and South, taken
off of and
from the entire length of the North side of Lot Numbered Two (2) all as shown on the recorded Plat of
Riverview
Subdivision in the City of South Bend, St. Joseph County, Indiana
PARCEL IL Lots Numbered Thirty (30) and Thirty -one (31) as shown on the recorded Plat of B.F. Dunn's
First
Addition to the Town of River Park, now within and a part of the City of South Bend, St. Joseph County,
Indiana,
together with the vacated alley lying in between said lots.
and which has Key Numbers 018 -6135 -4692, 018 - 6135.4694, and 018- 6135 -4696, 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 'field a public hearing for the purposes of hearing all
remonstrance's 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 a period of (9) nine 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 sea.
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.
D,Q,k0- ov,.-�` � r
Member of the Common Coup it
Signing of tn.3 L';i is 0,11y !0 pr .0,,ye an
opmurity for ps i , z:aa,ing and
Coundl action on t' is issue,
i:4 6 =y clerWs 08c
ALAN f ED s„ �•
NOT APPROVED C6TV eu r
ADOPTED
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
212 -220 West Ewing Avenue
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SEVEN (7) YEAR REAL
PROPERTY TAX ABATEMENT FOR
DEMBY ENTERPRISES, LLC
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 212 -220
West Ewing Avenue, South Bend, Indiana, and which is more particularly described as follows:
Lots numbered four (4) through forty -eight (48), both inclusive, as shown on the recorded
plat of Stover- Longley Addition to the City of South Bend as platted by Silas E. Longley
and Burton H. Stover, which plat was recorded February 24, 1915 in Plat Book No. 9 at
page 187 in the Recorder's office of St. Joseph County, Indiana. Also the vacated alley
lying South of Lots 4 to 8, inclusive, in said Stover — Longley Addition and the vacated
alley lying East of Lots 28 to 46, inclusive, in said Stover - Longley Addition. Also the
South half of the vacated alley lying North of Lot No. 9 in said Addition, also, the whole
of vacated Victoria Street as shown in said Addition; also, the whole of vacated Lafayette
Street lying between Ewing Avenue and Fairview Avenue in said Addition, excepting the
West half of that part of Lafayette Street which lies East of Lot Numbered 3 and the
North half of the vacated alley lying South of said Lot No. 3; the whole property herein
considered being bounded by a line running as follows: Beginning at the North -west
corner of Section 24, Township No. 37 North, Range No. 2 East; thence running South
1009 feet, thence East 384.7 feet to the West line of the right of way of the Vandalia
Railway; thence North with the said right of way 1009 feet to the North line of said
Section No. 24; thence West 383 feet to the place of beginning, excepting therefrom such
part of said real estate as is now occupied by Ewing Avenue and Fairview Avenue in said
city, excepting also a strip of land 7 feet in width, East and West, taken off from the
entire length of the West side thereof, heretofore conveyed as the East half of a public
alley and excepting also the following: Beginning at a point on the present South line of
Ewing Avenue 7 feet East of the West line of said Section No. 24; thence running East
149 % feet to the center of vacated Lafayette Street; thence South 107 feet to a point in
line with the centerline of the alley lying between Lots 1,2,3 and 9 in said Stover - Longley
Addition; thence West 149 % feet to the East line -of said Stover - Longley Addition;
thence North 107 feet to the place of beginning.
and which has Key Number 71 -08 -24 -101- 003.000 -026 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 seven (7) 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 sea.
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.
Member of the Common Council
$i()Ylif?� r;,4y 13 C':` ':`s3 all
opportuniiy for puvv. "oo hQearilIg and
cou a awm on Un fM -
PRESENTED
NOT APPROVED
'*[)OPTED
Ifed in Uot,t- ",.c, .
J 44L11,j
�
...
;� CITirot.E's % h:i`ff' "e'f SC.;lk� V�ti
b � l� 0- 13 5-0
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
4701 NIMTZ PARKWAY
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
SCHAFER INDUSTRIES, INC.
WHEREAS, a petition for personal property tax abatement consideration has been filed
with the City Clerk for consideration by the Common Council of the City of South Bend,
Indiana, requesting that the area commonly known as 4701 Nimtz Parkway, South Bend,
Indiana, and which is more particularly described as follows:
A part of the Southeast Quarter (SE %) of Section 20 and part of the Southwest Quarter (SW Y4)
of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph
County, State of Indiana, and being more particularly described as follows:
Lots number ten (10) and eleven (11) as shown on the recorded plat of H.G. Baus Centre —
Phase One, recorded March 16, 1995 as document Number 9507104 in the Office of the
Recorder of St. Joseph County, Indiana.
and which has Key Numbers 025 -1010- 036102 , be designated as an Economic Revitalization
Area under the provisions of Indiana Code 6 -1.1 -12.1 et sec ., and South Bend Municipal Code
Sections 2 -76 et seq., and;
WHEREAS, the Department of Community Investment has concluded an investigation
and prepared a report with information sufficient for the Common Council to determine that the
area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sM., and
South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats
showing the boundaries and such other information regarding the area in question as required by
law; and
WHEREAS, the Community Investment Committee of the Common Council has
reviewed said report and recommended to the Common Council that the area qualifies as an
Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-
1.1- 12.1 -4.5 et seq., that:
a. The estimate of the cost of the new manufacturing equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to
result from the proposed installation of new manufacturing equipment;
C. That the estimate of the annual salaries of those individuals that will be employed
or whose employment will be retained by the Petitioner can be reasonably
expected to result from the proposed installation of new manufacturing
equipment;
d. Any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment;
and
e. The totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in the
Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property
Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner,
said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction
granted under Indiana Code 6 -1.1- 12.1 -4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of the
Department of Community Investment, and the Community Investment Committee's favorable
recommendation, that the area herein described be designated as an Economic Revitalization
Area for purposes of personal property tax abatement and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal property
tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of (5) five years as shown by the attachment
pursuant to Indiana Code 6- 1.1- 12.1 -I T
SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to
Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common
Council on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
,PRESENTED
&OS APPROVED
;�iDOPSEtdi
0,�� �0 -/)«� ((I% -- . .
Member of the Common Counc '
Signing of this bnl is only to provide an
opportunity fo, pubic hearing aW
Council action on this issue,
s�lled In Cierk'FS f f• ga
N C t i ?
MYC EM, SOUTH BEND, M i
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
PHONE: 574/235 -9371
FAX: 574/235 -9021
Council Member Gavin Ferlic, Chairperson November 21, 2013
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Personal Property Tax Abatement Petition for:
Schafer Industries, Inc.
Dear Council Member Ferlic:
Please find attached the Department of Community Investment's report on a personal property tax
abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of
Benefits form, and supporting information. The project calls for the acquisition and installation of new
equipment as part of the company's planned increase in productive capacity in its facility located at 4701
Nimtz Parkway.
The report contains the Department's findings relative to the above petition. Schafer Industries, Inc. will
be purchasing and installing new equipment. The total project cost for the equipment is estimated at
$1,400,000. The project meets the qualifications for a (5) five -year personal property tax abatement and a
representative from Schafer Industries, Inc. will be available to meet with the Committee on Monday,
December 9, 2013.
Should you or any of the other Council members have any questions concerning the report, or need
additional information, please feel free to call me at 235 -9339.
SiT��7 l
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Aladean DeRose
Scott Ford
Chris Fielding
ASSISTANT ExECUTIvE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCrS
CHRISFIEIDING JITN KAIN PAMEIA C. MEYER BROCK ZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: KATHY HAHN
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
SCHAFER INDUSTRIES, INC.
DATE: November 21, 2013
On November 20, 2013 a petition for personal property tax abatement consideration for property located at
4701 Nimtz Parkway, South Bend, is filed with the City Clerk by Schafer Industries, Inc. Pursuant to
Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was
referred to the Department of Community Investment for purposes of investigation and preparation of a
report determining whether the area qualifies as an Economic Revitalization Area pursuant to
I.C.6 -1.1 -12.1 and whether all zoning requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is attached),
investigated the area, and makes the following report.
PROJECT SUMMARY
The proposed project is the purchase and installation of a new CNC Gear Grinding machine, a CNC
Universal Cylindrical Grinder, and a 75 Ton Hydraulic Press. The project serves to increase their
production capacity to meet the growing demands of two of their existing customers. The equipment will
cost $1,400,000.
November 21, 2013
Page 2
South Bend Common Council
Total taxes to be abated during the (5) five -year abatement period are estimated at $12,917. New project
taxes will be $120,451. Total taxes to be paid over five years on the new and existing equipment are
estimated at $1,033,899.
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will: (a) create 5 (five) permanent, full -time and 0
(zero) permanent, part-time jobs within the first year, representing a new annual payroll of $176,800 and
(b) will maintain 78 existing permanent full -time and 0 (zero) existing part-time jobs representing an
annual payroll of $3,500,000 for existing employees.
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner has been granted or
associated with eight (8) previous five year personal property tax abatements: 1631 -88; 1876 -91;
2055-93; 2285-95; 2541-98; 3055-02; 3710-07; and 3990 -09.
2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned
for the proposed project.
A review of the South Bend Redevelopment designation areas finds that the property is located in
the Airport Economic Development Area.
A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible
Personal Property Tax Abatement.
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§ CITY CLERK, $glJTH BEND, �' '
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i Ffled in C,ykis .: .
STATEMENT OF BENEFITS W;f ,, , r
PERSONAL PROPERTY -. w 4��3 FORM SB -1lPP
slate rwm 5178 6 M2112-11) j
Presalbed by the Depannlent of Looel tiovemtnent Fna •- - - -�.i
JQ4..; ' :,di11+.uC i WWI IVACY NOTICE CITY CLERN, SOUTH BEND, IN �a: u'�° � the�mq ■puNereO/NSTRUC7 /OAtS: 1.12.13.7 a eM ,
1. This statement must be submtted to the body designating the EOMOWO Revharmaton Ame prior to the public hearing it the designating body requires
infomreUon from the applicant In making Is decision about whether to designate an C-aorwmic RevitelfmtlonAm. Otherwise this datemaMmust beaubratred
to tie designating body BEFORE a person Insists the new manufacbn/ng eq*ni&ntarWorresearch end development quIpmem amdbrbglsbcal dl WXAbn
equipment and/orinformetion feduwlogy equipment for which thepemon wishes to claim a deduction. TroJeda- plannad orcommtted io aRef JMy f, 1987,
and areas des(gnatedeflerJdy 1, 1987, require a STATEMFMOFBENEFfTS. (!C 8 -1.1 -12.1)
2. Approval of the designating body(Cty Council, Town Board, County Council, eta) must bsoble /nedprlortolostallationorN0 rnewonanufaduring equipment
andlorrmseerch and development equpment andlorloghnbal disbibutlon equpment andlortntommdon technology equipment BEFOREe dwin enmay
3. To obtain a ded000n, a person must Sea cerifiled deduction schedule with the person's pemonal properiyrotum one certified deduction "he Form
103 -ERA) with the township assessor of the township where the property is stusted a with the county asseasoril (here Is d rowuctio asse d ul e r the
township. The 103- ERA must be filed between March land May 15 of the assessment year th which nawmenorythe g egdpment hIP asomorch end
development egdpment and/or laglsuce! d/sblbdbn egdpment and/or information technology equipment Is Installed entl fully functional, unless a riling
extension has boon obtained. A person who obtalns a filing extension must file the form between March 1 and the extended due date of that year,
4. property Owners whose Statement of Benefits wee approved after June 30, 1991, must submit Form CF-1 / pp annually to show wmpllance with the
Statement of Benerds. (IC 6 1.142.1 -5.6)
5. The schedules established underlC 61.1 - 12,1.4.60 and (e) apply to egdpment installed after Match 1, 2001, unless an alfemative deduction schedule is
adopted by the designating body (1C 6.1.1- 12.1 -17).
LEGAL DESCRIPTION OF REAL PROPERTY
A part of the Southeast Quarter (SE %) of Section 20 and part of the Southwest Quarter (SW Y4)
of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph
County, State of Indiana, and being more particularly described as follows:
Lots number ten (10) and eleven (11) as shown on the recorded plat of H.G. Baus Centre —
Phase One, recorded March 16, 1995 as document Number 9507104 in the Office of the
Recorder of St. Joseph County, Indiana.
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Map of Schafer Gear Works Incorporated (574) 234 -4116
Map of Schafer Gear Works Incorporated (574)
234 -4116
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AREMORE
Page 1 of I
Auten Rd: . -.
VOW&
Pak
When using any driving directions or map, It's a good idea to do a reality check and make sure the road still exists,
watch out for construction, and follow all lralfic safely precautions. This Is only to be used as an aid in planning.
10
a 1� 1 � �
i
Resolution No.
Bill No. l 7-1, \
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
CALLING FOR MORE DETAILED INFORMATION AND MULTIPLE OPTIONS FROM THE
CITY ADMINISTRATION SO THAT THE COMMON COUNCIL HAS THE OPPORTUNITY TO
MAKE THE MOST INFORMED DECISION POSSIBLE IN DETERMINING THE
MOST "JUST AND EQUITABLE FEES FOR SERVICES RENDERED BY THE SEWAGE WORKS"
(*; reef,, the South Bend Common Council notes that on December 29, 2071, the United States
Attorney's Office and the U.S. Environmental Protection Agency issued a news release from Hammond,
Indiana, entitled "City of South Bend - Indiana Settlement" where they announced that the "City of
South Bend, Indiana has agreed to make an estimated $509.5 million worth of improvements to its
combined sewer system to significantly reduce overflows of raw sewage to the St. Joseph River..."
which is now projected to cost approximately $667 million; and
(/'Pneiea6, that News Release noted that the combined sewer overflows (CSOs) resulted in the
discharge of pollutants without a permit and therefore was in violation of Section 301 of the Clean
Water Act, Title 33 United States Code § 1311; and
() *erea�, that New Release further noted that a Consent Decree was entered into which requires
the City of South Bend to implement a Long Term Control Plan (LTCP) by 2031, which included
upgrades to the wastewater treatment plant and improvements to the collection system, in light of the
fact that "over 2 billion gallons of untreated sewage" was being discharged into the St. Joseph River [not
noting that it was being diluted]; and would require the City to reduce by 95% the 80 event discharges to
a total of four (4) event discharges ; and
no member of the South Bend Common Council was involved in the actual
negotiations leading up to the Consent Decree; and
the South Bend Common Council acknowledges that the Indiana General Assembly
has given the municipal legislative bodies the authority to "establish just and equitable fees for the
services rendered by the sewage works and provide the dates on which the fees are due" pursuant to the
passage of an ordinance consistent with Indiana Code § 36- 9- 23- 25(a); and
(A7e1ea�y on June 28, 2010, the South Bend Common Council passed Ordinance No. 10019 -10
which became effective July 10, 2010, raised the sewer rates by an average of 9% per year, with the
rates being codified into the South Bend Municipal Code in § 17 -21; and
�1y/ererh the Common Council notes that South Bend Municipal Code § 17 -25 requires the City
Administration to begin discussions with the Common Council by June of 2013 with regard to any
revisions and adjustments of the sewage rates "to assure adequacy in the cost of maintaining the City
Resolution on Sewer Rate Increase Considerations
Page 2
sewer works in sound physical condition and financial condition necessary to render adequate and
effective service "; and
<- %errs..;, the sewage rates set forth in South Bend Municipal Code § 17 -21 remain in effect until
action is taken by the Common Council; and
r.. on October 14, 2013, Bill No. 64 -13 was filed by the City Administration which seeks
to "adjust sewer rates and charges incrementally through 2017" and seeks another 9% rate increase
compounded annually for the next four (4) years;
0#1 111.1, a series of Utilities Committee meetings have been held as part of the Council's due
diligence requirements in determining "just and equitable fees "; however discussions with the City
Administration began well after the June date set forth in the City Code; and
in light of the need for additional information and data on the proposed sewage rate
increases, as well as what appears to be conflicting information provided by the Administration with
regard to the over 60 -page Consent Decree, Bill No. 64 -13 was continued in the Council portion of the
public hearing to January 27, 2014, so that the City Administration would have the opportunity to
provide more detailed information and a variety of rate options for the Common Council to debate,
analyze and consider; and
'erral, since the Consent Decree was entered into, there have been articles published noting
that the EPA is "willing to consider renegotiating ... Consent Decrees ", with one of those articles being
published in the June 5, 2012 edition of the Governing magazine entitled "Mayors Question EPA
Consent Decrees" where several Mayors contended that there is a "potential to cause financial stress for
local governments and their residents "; and another article published on August 1, 2012 noting that the
"tough economy might be making the agency more flexible " - with that information being specifically
shared with the City Administration; and
(Al mez,, the Common Council notes that some of the Consent Decrees which have resulted in
modifications were based on new and relevant information which improved the remedies and were from
the cities of Indianapolis, Indiana; Toledo, Ohio; Atlanta, Georgia; and Honolulu, Hawaii; and
(Alee,,(w,, the Common Council believes that the City of South Bend, Indiana, has taken
substantial steps and taken many good faith efforts to upgrade the sewage treatment plant in the effort to
reduce raw sewage discharges with the passage of rate increases such as those in 2003 of 24 %, a 29%
rate increase in 2005, a 15% rate increase for 2007, an 11% rate increase for 2009, and a 9% rate
increase for each year thereafter through 2013;
OW rea:y the Common Council believes that all viable options should be investigated in light of
the local economy and its impact on the ability to pay higher rates and charges; whether the most recent
Resolution on Sewer Rate Increase Considerations
Page 3
population base was used which reflects a population loss; whether the Michigan water standards are
required or optional; and other related issues, especially since no past or current Common Council
Member was involved in the discussions leading to the Consent Decree being entered into by the City.
10eCwlfr fev?,,/ as
follows:
Section I. The South Bend Common Council hereby believes that in order to "establish just and
equitable fees for the services rendered by the sewage works..." that all reasonable options should be
analyzed, carefully studied, and debated before moving forward on raising the current sewage rates set
forth in South Bend Municipal Code § 17 -21.
Section II. The Common Council further believes that in order to carry out its statutory duties
with the primary one being fiscal responsibility, that all viable and legitimate options should be offered
by the City Administration so that they may be properly vetted.
Section III. The Common Council believes that an equitable sewer rate increase for the 2014 is
warranted so long as it is based on current factual data, which is in compliance with the applicable
provisions of the South Bend Municipal Code, the Indiana Code and the Consent Decree. However, the
Common Council further believes that the City Administration should carefully review all possible
alternatives including potential modification of the current Consent Decree, with that review beginning
post haste, so that discussions between the Administration and the Council can begin in early January
2014.
Section IV. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Dr. David Varner, 5` District Council Member
Member of the South Bend Common Council
Dr. Fred Ferlic, District Council Member
Iylember f the South nd Gommon Cou cil
Valerie Schey, Utilities Committee Chairperson
Member of thp Sout en Co mon Council
Ol . Davis, Publ orks Committee Chairperson
Member of the South Bend Common Council
Resolution on Sewer Rate Increase Considerations
Page 4
,N7elwle./ this day of
itx.
John Voorde, City Clerk
2013.
07k w.r/ by me to the Mayor of the City of South Bend, Indiana, on the day of
2013, at o'clock . M.
Janice Talboom, Deputy City Clerk
firavr /rau/ by me on the _ day of
"
Son
®N�6
2013, at o'clock m.
Pete Buttigieg, Mayor of City of South Bend, Indiana
Filed In COears'iiFliw
Derek D. Dieter
President
Oliver J. Davis
Vice - President
Karen L. White
Chairperson, Committee
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
Valerie Schey
Third District
City of South Bend
Common Council
441 County -City Building • 227W. Jefferson Blvd
South Bend, Indiana 46601 -1830
December 4, 2013
The South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Dear Council Members:
(574) 235 -9321
Fax (574) 235 -9173
httpatwww.southbendin.gov
No present or past Council Member was involved in the negotiations leading up
to the City of South Bend entering into a Consent Decree in late December, 2011.
That decree requires millions of dollars of upgrades to be made to the City's
combined sewer system and would be the largest overall expenditure in our City's
history.
From December 29, 2011, when the US Attorney's Office and the US
Fred Ferlic Environmental Protection Agency announced that the City of South Bend would
Fourth District spend an estimated $509.5 million. Now, the City Administration is estimating
David Varner that the "Long Term Control Plan (LTCP) for Combined Sewer Overflows
Fifth District (CSOs)" are projected to cost approximately $667 million!
Oliver J. Davis In light of the City Council's primary role of being fiscally responsible, we
Sixth District believe that best practices should always be utilized and that much more detailed
information must be shared and discussed, before a sewer rate increase is passed.
Derek D. Dieter
At Large The attached Resolution sets forth some of the many areas of concern which the
Gavin Ferlic Council is seeking more information.
At Large We find it interesting to note that on the EmNet website, Mayor Buttigieg is
Karen L. White quoted under "Testimonials" that:
At Large
"We have the Smartest Sewers in the world!"
That same website notes that South Bend has "effectively reduced Long Term
Control Plan by $120 million, eliminated dry weather overflows, reduced all
overflows by 24% and implemented a condition -based maintenance program that
reduced annual O & M costs by $1 million" (EmNet website pages attached.
City of South Bend - Indiana Settlement I Enforcement I US EPA Page I of 4
^w u�amsw�.
�J�ta�/.1 E . onmenb� Aaocton
V ��, ff /11 \Fgenry
Enforcement
EPA Home v Enforcement a City of South Bend - Indiana Settlement
You are here:
City of South Bend - Indiana
Settlement
(Hammond, Indiana - December 29, 2011) The United States Attorney's Office
and the Environmental Protection Agency (EPA) today announced that the City of
South Bend, Indiana has agreed to make an estimated $509.5 million worth of
improvements to its combined sewer system to significantly reduce overflows of
raw sewage to the St. Joseph River, which is a tributary of Lake Michigan. One
well -known stretch of the St. Joseph River in South Bend, the East Race, is the
site of an annual international kayaking competition and also is where Olympic
kayakers and rescue workers periodically train.
On this page:
Settlement Resources
• Press Release
• Consent Decree
• Overview of Sewer Authority and Facility Location
• Violations
• Injunctive Relief
• Pollutant Reductions
• Environmental Effects
• Civil Penalty
• State Partner
• Comment Period
• Contact
Overview of Sewer Authority and Facility Location
http: / /www2.epa.gov/ enforcement /city- south - bend - indiana- settlement 11/26/2013
City of South Bend - Indiana Settlement I Enforcement I US EPA Page 2 of 4
South Bend owns and operates a combined sewer system in northern Indiana.
South Bend's waste water treatment plant discharges to the St. Joseph River.
Top of Page
Violations
• Combined sewer overflows (CSOs) resulting in the discharge of pollutants
without a permit and, thus, violating Section 301 of the Clean Water Act
(CWA), 33 U.S.C. § 1311.
• Failure to comply with conditions of a permit issued pursuant to CWA
Section 402, 33 U.S.C. § 1342.
Top of Page
Injunctive Relief
The consent decree requires South Bend to implement a Long Term Control Plan
(LTCP) by 2031. The LTCP includes wastewater treatment plant upgrades and
collection system improvements. Currently, South Bend annually discharges into
the St. Joseph River a total of over 2 billion gallons of untreated sewage during
approximately 80 events. After implementing the improvements required under
the settlement, South Bend will reduce the number of raw sewage discharge
events by 95 percent to only four during a typical year of rainfall. The reduced
discharges will result in preventing over 700,000 pounds of pollutants from
entering the St. Joseph River each year.
Top of Page
Pollutants Reductions
• Total Suspended Solids = 566,916 lbs /year
• Biological Oxygen Demand = 141,729 lbs /year
Top of Page
Health and Environmental Effects
Total Suspended Solids (TSS) — TSS indicates the measure of suspended
solids in wastewater, effluent or water bodies. High levels of TSS in a
water body can diminish the amount of light that penetrates the water
column and reduce photosynthesis and the production of oxygen.
• Biological Oxygen Demand (BOD) — BOD is an indirect measure of the
biologically degradable material present in organic wastes. High BOD
means there is an abundance of biologically degradable material that will
http:/ /www2.epa.gov /enforeement/city- south - bend - indiana- settlement 1 11/26/2013
City of South Bend - Indiana Settlement I Enforcement I US EPA Page 3 of 4
consume oxygen from the water during the degradation process. It may
takeaway oxygen that is needed for aquatic organisms to survive.
Top of Page
Civil Penalty
South Bend will pay a civil penalty of $88,200, which will be split evenly
between the United States and Indiana. South Bend will also spend a minimum of
$75,000 on a supplemental environmental project to help reduce pollutant
loadings into the Bowman Creek, a tributary to the St. Joseph River. The penalty
in this case was derived according to the Clean Water Act Settlement Penalty
Policy.
Top of Page
State Partners
The State of Indiana is a co- plaintiff.
Top of Page
Comment Period
Once the proposed consent decree is lodged with the court, the settlement will be
subject to a 30 -day public comment period.
Top of Page
For more information, contact:
Carol DeMarco
Water Enforcement Division
1200 Pennsylvania Ave., NW (Mail Code 2243A)
Washington, DC 20460
(202) 564 -2412
Carol DeMarco (demarco.carol @epa.gov)
Top of Page
Contact Us to ask a question, provide feedback, or report a problem.
EPA Home
http: / /www2.epa.gov/ enforcement / city- south - bend - indiana- settlement 11/26/2013
EmNet - Real Time Intelligence and Optimization - Applications
Who We Are What We Do Who We Serve Where We Are
Who We Sere
Client Outcomes
South Bend, Indiana
Home Town Heroes: Effectively
reduced Long Term Control Plan by
$120 million, eliminated dry weather
overflows, retlucetl all overflows by 24%
and implemented a condition based
maintenance program that reduced
annual O &M costs by $1 million.
Hoboken, New Jersey
Pinpoint Priority
Projects: Optimization study to ideniRy
highest pnonty ejector pumping station
sites to eliminate surface level flooding
Testimonials
SOUTH BEND, IN
Buffalo, New York
Gray Infrastructure, Green
Outcome: Real Time Intelligence and
Optimizabon brings cost effective
solution to reduce CSOs through in -line
storage and CSO optimization
Evansville, Indiana
Asset Maximization: Real Time
Optimization Study to maximize
capauty and optimize operation of
existing lift station, interceptor and CSO
control systems
"We have the Smartest Sewers In the world!" - Mayor Pete Buttigh,
Client Login
Username
Page 1 of 2
REAL TIME
OPTIMIZATION
Columbus, Ohio
Time Adjusted
Optimization: Optimization study
demonstrates dramatic reduction of
ovemows, energy savings, better
prediction of sewage flow to treatment
plants and maximization of off -line
storage assets
Lorain, Ohio
SSO Optimization: Real Time
Intelligence and Optimization study to
optimize Capital InfrastNcture Projects
for SSO elimination and reduce
infiltration and inflow
http:// www .emnet.net/index.php /whoweserve 12/3/2013
EmNet - Real Time Intelligence and Optimization - Services
Who We Are What We Do Who We Serve Where We Are
Real Time Intelligence and Optimization
EmNefs Real Time Intelligence and Optimization technology helps utilities maximize existing and planned
resources to minimize overflows and save money. EmNet combines the use of traditional hydraulic modeling
and novel real time information technology to deliver actionable insight.
a Fm "
Our Services
Real Time Monitoring
Edl designs and implements large and complex
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Page 1 of 2
REAL TIME
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Optimize conveyance and storage
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EmNefs Real Time Analysis tools transform data
collected by real time monitoring systems into
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Minimize overflows and/or flooding by optimizing
existing infrastructure. Real Time Control
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intelligently and dynamically adapt to changing storm
conditions.
Reatl More
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Phone: 574.855.1012
E -mail: au000rt0emnet -cso corn
02013 EmWt. LLC
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http: / /www.emnet.net/index.php /whoweserve 12/3/2013
EmNet finds sewer solutions - South Bend Tribune: Business Page 1 of 2
EmNet finds sewer solutions
KEVIN ALLEN South Bend Tribune kallen @sbtinfo.com I Posted: Monday, July 8, 2013
5:29 am
SOUTH BEND -- One of the largest, most - expensive issues facing many U.S. cities is out of sight
for many of those cities' residents.
The problem lies underground.
It's old sewers, built to collect both sewage and stormwater, that can overflow and pollute rivers
and lakes during heavy rain.
Nearly 800 cities in the United States rely on such Victorian -era sewer systems, and the
Environmental Protection Agency wants all of them fixed.
The scale of the solutions can be huge, and the costs can be as well.
That's why more cities are turning to EmNet, a small- but - growing South Bend company that has a
novel approach to preventing sewers from overflowing.
EmNet, which stands for "embedded networks," formed in 2004 out of technologies developed in
conjunction with Purdue University and the University of Notre Dame.
The company uses wireless sensors installed under manhole covers to monitor water levels in
sewer pipes across a city. The sensors can open and close "smart" valves in the system, enabling
flow to be directed into pipes where capacity is available and thus maximize the efficiency of the
overall sewer system
The sensors also send that flow data via radio waves to a central monitoring station, where
wastewater workers can see in real time if a problem is developing.
Since 2005, South Bend has been a sort of living laboratory for EmNet to test its technology. The
system used here is called CSOnet, short for Combined Sewer Overflow Network.
The relationship has been mutually beneficial. City officials have said a $6 million investment to
implement EmNet's solution has reduced overflows to a degree that would have cost $120 million
under the conventional approach of simply expanding the sewer system.
"It's been tremendous," South Bend Public Works Director Eric Horvath said. "It's really allowed
us to get a better handle on our entire sewer system and be much smarter about how we're
operating the system."
EmNet also has attracted other cities as clients.
http : / /www.southbendtribune.com/ news/ business /article _ e259feb6- e7b0 -1 l e2 -b32e -001 a4... 12/3/2013
EmNet finds sewer solutions - South Bend Tribune: Business Page 2 of 2
The list includes Elkhart and Evansville in Indiana as well as Buffalo, N.Y.; Columbus and Lorain
in Ohio; Grand Rapids, Mich.; Hoboken and Jersey City in New Jersey, and Washington, D.C.
Officials from New York City have even visited South Bend to see how the CSOnet system
works.
"More and more we're being recognized as an industry expert," said Tim Braun, chief marketing
officer at EmNet. "I don't think there's a public works director in the country that wouldn't take
our call and wouldn't have heard about what we're doing, at least on some level."
Braun said EmNet has been profitable for the past three years, and revenue has been growing by
15 to 30 percent annually during that time. With hundreds of U.S. cities trying to improve their
sewer systems to avoid EPA fines, the company has a large potential market for additional
customers.
"This year we're seeing a step change in our growth pace," Braun said. "If we don't grow by at
least 90 to 100 percent this year, I'll be disappointed.... It looks like we'll be poised for that kind
of growth again next year as well."
EmNet got its start in South Bend, is headquartered in the city's East Bank neighborhood, and
Braun said the company's leaders are committed to staying and growing here.
As a matter of fact, he said EmNet's best sales pitch is to let clients talk to Horvath and others in
South Bend's public works department.
The company's growth into other cities helps its hometown, too.
"Every city that we've worked with represents a new innovation and new additions to our
technology portfolio, simply because every city is so complex," Braun said.
"What's great for South Bend is that everything we learn everywhere else, we bring back to South
Bend," he said. "As EmNet grows and develops new technology, the city is looking at ways it can
adapt its system and get more and more benefit."
http: / /www. southbendtribune.com/ news / business /article_e259feb6 -e7b0- l l e2 -b32e -001 a4... 12/3/2013
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $500,000
FROM SELF - FUNDED EMPLOYEE BENEFIT FUND ( #711)
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2013 operating and capital budgets in
2012 (Ordinance #10197 -12, passed October 29, 2012) which included expenditures for
various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2013 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
Self- Funded Employee Benefit Fund ( #711) $500,000
TOTAL QQ
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Member of the Common Coukh -
Attest: p
UT
8:9*.�g,�oE f l is in anly to pro'A a an
City Clerk oppoyWi ity for pg,,iE'G tisamg aw
Council action on this W a
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2013 at o'clock . m.
Deputy City Clerk
Approved and signed by me on the
o'clock . m.
1st READING 1 l-A '13
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
day of
, 2013 at
Mayor, City of South Bend, Indiana
Red In Clerk's Off c,,.
_ I
CITYCLF4K, tau rat i662,IN
120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
December 2, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: 2013 Year -End Budget Appropriation Ordinance — Civil City Funds — Self Funded
Employee Benefit Fund 711
Dear President Dieter,
Enclosed please find a bill appropriating additional funds for certain departmental and
city services operations for the year 2013. This bill requests an additional appropriation
amount of $500,000 in the Self- Funded Employee Benefit Fund 711. The City is self -
insured for employee health insurance costs and claims paid have been high during the
fourth quarter of 2013. The amount currently appropriated may not be sufficient to cover
all medical claims that will be paid during 2013.
I will present this bill to the Common Council at the appropriate committee and council
meetings. This bill will be filed for I" reading on December 9, 2013 with 2 "d reading,
public hearing and 3`d reading scheduled for a special meeting on December 16, 2013.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7500.
Regards,
Mark W. Neal
City Controller
CC: Mayor Pete Buttigieg
Kathryn Roos, Chief of Staff
Cristal Brisco, Corporation Counsel
John Murphy, Deputy City Controller
rued in C$6Ckg' e,
(Ffr,
CITY cL(R ;> c: =t, t9 �3RliZ, IN 1
0
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
STREET TO BE VACATED IS A PORTION OF HILDRETH STREET FROM THE
EAST RIGHT OF WAY OF ESTHER STREET TO THE END OF THE EXISTING CUL-
DE -SAC FOR A DISTANCE OF 460 FEET, MORE OR LESS, AND A WIDTH OF 60
FEET INCLUDING THE 60 FOOT RADIUS OF THE CUL -DE -SAC
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 street to be vacated is a portion of Hildreth Street from the East right of way
of Esther Street to the end of the existing cul -de -sac for a distance of 460 feet, more or
less, and a width of 60 feet including the 60 foot radius of the cul -de -sac, being a part of
Belle Vue Subdivision, 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:
Parcel ID Number
18- 6031 -0920
18- 6031 -0919
18- 6031 -0918
18- 6031 -0917
18- 6031 -0916
18 -6031 -0915
Lot Number
126
125
124
123
122
121
18- 6031 -0914
18- 6031 -0913
18- 6031 -0912
18 -6031 -0911
18- 6023 -6023
18- 6016 - 033402
18- 6030 -0884
018 - 6031 -0921
120
119
118
117
22 -23 -24
90
127
Section IV. The purpose of the vacation of the real property is to incorporate the real
property into the property of the campus of Indiana University South Bend, for the
purpose of landscaping, maintenance, and operations.
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.
V) - () �40� (Q
Member of the Common Council
Attest:
S19nIPJS Of Nib! Wif +s 0111Y to p,T�sde cin
City Clerk COunGU aft or Q =,b? I' �� �>��e 9 and
EHi ttiig i
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
1 st READING t 2-- � — ( 3
PUBLIC HEARING
3rd READING
NOT APPRQViD
REFERRED a
PASSO '
City Clerk
day of 2 , at
Mayor, City of Sout, i eer� Tn crent,IC,S Office
CITY CLERK, RGtl1'K 6ENDr, IN
I
I
i
I I i'zU
78 -60.:,
H"dreth Street i— 60'R /V1
9. a,
-7 U
�e-sm6
-03l4M
a�
y
�ISl�i I
y u { s i soai
LECAI DF.SCRPT_/JN.•
!jl s fi
i8 -60'.6
-1 V-
_=a
1,+s 22 -m-z9
-ow.0
THE STi ?EL7 TO BE 'VACATED IS A PORTION OF H,,LDRETH SIREEi FR01Y THE EAST RIGHT
OF h;SY OF ESTHER STREET TO THE END OF THE EXISTING CUL -DE -SAC FOR A DISTANCE
OF 460 FEET HORS OR LESS, AND A f /IOTH O- 60 FEFT INCLJD(NG THc 60 FOOT RADIUS
OF THE CUL -DE -SAC, BEOJG A PART OF BELLE VuE SUBDI!/ISION, CITY OF SOUTH BEND,
PORTAGE TOPIAISHIP, ST. JOSEPH COUNTY, INDIA✓UA.
AYYAt i I P LZ 4f 1dre4A--
z. fin•« 1 � I W i- ldM� Filed in Clerk,,
�•�to Dennrs Xulcv Iloty lb- 14ratt— ---
i013
J06t r
CITY CLERK Sf}U`£'tr 6END, IN
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL DATE: November 25, 2013
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
N/A
B. THE STREET DESCRIBED AS:
The street to be vacated is a portion of Hildreth Street from the East right of way of Esther Street
to the end of the existing cul -de -sac for a distance of 460 feet, more or less, and a width of 60 feet
including the 60 foot radius of the cul -de -sac, being a part of Belle Vue Subdivision, City of
South Bend, Portage Township, St. Joseph County, Indiana.
NAME (signed and printed)
ADDRESS
The Trustees of Indiana University c/o IU Real Estate Department
1800 N. Range Road, Bloomington,
Nndiana 47408
i
MaryFrances McCourt
Vice President, Chief Financial
Officer & Treasurer
Lot #s: 22 -24; 117 -126
Parcel ID #s:
18- 6031 -0920
18- 6031 -0919
18- 6031 -0918
18- 6031 -0917
18- 6031 -0916
18- 6031 -0915
18- 6031 -0914
18- 6031 -0913
18- 6031 -0912
18- 6031 -0911
18- 6023 -6023
18- 6016 - 033402
CONTACT PERSON
NAME: Lynn Coyne
ADDRESS: Bunger & Robertson
226 S. College Ave
P. O. Box 910
Bloomington, Indiana 47402
PHONE: (812) 332 -9295
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455- COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
(574) 235 -9221
F
E
n
Thomas Burger UN f • • •
Joseph D. O'Connor
James L. Whitlatch
Samuel R. Ardery - A T T O R N E Y S A T L A W
Margaret M. Frisbie
John W. Richards 226 S. College Square • P.O. Box 910
William J. Beggs Bloomington, Indiana 47402 -0910
Kevin A. Halloran Tel: 812.332.9295 - Fax: 812.331.8808
Maryanne Pelic
Website: w Javibr.com
November 25, 2013
City of South Bend Common Council
227 West Jefferson Blvd.
Suite 400S
South Bend, Indiana 46601
Dear Members of the Common Council:
Holly M. Harvey
Jessica L. Merkel
Brian R. Drummy
Kathryn DeWeese
Len E. eunger
(1921 -1993)
Don M Robertson
(1938 -2005)
On behalf of The Trustees of Indiana University, I submit the enclosed Petition to Vacate
the right -of -way described as a portion of Hildreth Street from the east right -of -way of Esther
Street to the end of the existing cul -de -sac, for a distance of 460 feet, more or less, and a width
of 60 feet, including the 60 -foot radius of the cul -de -sac, being a part of Belle Vue Subdivision,
City of South Bend, Portage Township, St. Joseph County, Indiana.
The Trustees of Indiana University own the property abutting the right -of -way described
above and seek the vacation of said street so that they may incorporate it into the property of the
campus of Indiana University South Bend, for the purpose of landscaping, maintenance, and
operations.
Also enclosed are the following, in connection with the Trustees of Indiana University's
Petition to Vacate:
1. Ordinance;
2. Stamped envelopes addressed to property owners within 150' of the right -of -way to be
vacated;
3. Filing fee of $150.00; and
4. A copy of the radius map.
We ask that this matter please be set for Public Hearing before the Common Council on
January 13, 2014. in
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Should you have any questions, please do not hesitate to contact me.?
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Sincerely,
L.._� _
I CITY Jowl ,g; F:.._._
nn . Coyne
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Enclosures
The Trustees of Indiana University
Indiana University Trustee of Monroe county
c/o IU Real Estate Department
1800 N. Range Road
Bloomington, IN 47408
Earl Hibbs and Carol Shumaker
1613 Hildreth St.
South Bend, IN 46615
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
Dennis J. Keeler and Deborah Maisonneuve
1614 Hildreth St.
South Bend, IN 46615
Bank of America
7105 Corporate Drive
Plano, TX 75024
Robert M. Armstrong
1622 Hildreth St.
South Bend, IN 46615
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
.SOUTH BEND, INDIANA 46601 -1830
Cn Y OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
September 10, 2013
Mr. Jason Banach
Indiana University Real Estate Department
1800 North Range Road
Bloomington, Indiana 47408
RE: Alley Vacation — Hildreth East from Esther Street to the Dead End
(Preliminary Review)
Dear Mr. Banach:
PHONE 5741235 -9251
FAx 574/235 -9171
The Board of Public Works, at its September 10, 2013, meeting, reviewed comments by
the Engineering Division, Area Plan Commission, Community Investment, Fire Department,
Police Department, and the Solid Waste Division. The following comments and
recommendations were submitted:
Area Plan stated that the vacation would not hinder the growth or orderly development of
the unit or neighborhood in which it is located or to which it is contiguous. The vacation would
not make access to the lands of the aggrieved person by means of public way difficult or
inconvenient. The vacation would not hinder the public's access to a church, school or other
public building or place. The vacation would not hinder the use of a public right of way by the
neighborhood in which it is located or to which it is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the
vacation of this alley.
You will need a radius map showing properties within 150' of the proposed vacation for your
petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's
office for your alley vacation packet.
Sincerely,
Linda M. Martin, Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Enaineerin¢
GARY A. GILOT DAVID P RELOS KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NEAL
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Melinda Lercel
From:
Melinda Lercel
Sent:
Thursday, August 15, 2013 3:34 PM
To:
Andre Price, Atin Kain; Michael Mecham; Federico Rodriguez ,jbyorni @co.stjoseph:in.us;
Eugene Eyster
Cc:
Cheryl Greene; pmgriffin @nisource.com
Subject:
Street Vacation - Hildreth Street East from Esther Street to the Dead End
Attachments:
Street Vacation - Hildreth Street.pdf
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mlercel(7a southbendin.eov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.gov
Melinda Lercel
From:
Sent:
To:
Subject:
Approved S.B.F.D
Federico Rodriguez
Friday, August 16, 2013 8:08 AM
Melinda Lercel
RE: Street Vacation - Hildreth Street East from Esther Street to the Dead End
Federico (Chico) Rodriguez
Fire Marshal
Office: (574) 235 -7564
Mobile: (574) 876 -6734
1222 S. Michigan Street
City of South Bend, In 46601
frodrieu0southbendin.eov
From: Melinda Lercel
Sent: Thursday, August 15, 2013 3:32 PM
To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyornl @co.st joseph.in.us; Eugene Eyster
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Street Vacation - Hildreth Street East from Esther Street to the Dead End
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
m lercel @souih bendin.aov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.gov
Melinda Lercel
From: Angela Smith <ASmith @co.styoseph.in.us>
Sent: Tuesday, August 20, 201311:38 AM
To: Melinda Lercel
.Subject: Re: Street Vacation - Hildreth Street East from Esther Street to the Dead End
Attachments: Hildreth Street.doc; Smith, Angela.vcf
Attached please find our comments for the above referenced street vacation.
.Angela 39 L Smitf, Planner
Area Plan Commission
(574) 235 -9871
>>> Melinda Lercel <mlercel0southbendin.aov> 8/15/2013 3:31 PM >>>
Please provide your recommendations
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
mlercel @southbendin.aov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://Www.southbendin.gov
IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential information
intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action
taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly prohibited and is
not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in error please immediately
delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are not routinely screened for
response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In
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verification is required, please request a hard -copy version.
JOHN W. BYORNI
EXECUTIVE DIRECTOR
C LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
327 W. JEFFERSON BLVD.. ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND. INDIANA 46601 1574) 23S.9$71
August 13,2013
City of South Bend
Board of Public Works
13" Floor, County -City Building
South Bend, Indiana 46601
RE: Street Vacation
Applicant: IUSB
Hildreth Street East from Esther Street to the Dead End
Dear Board Members:
The staff has reviewed this petition. It is the staff's opinion that:
(1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which
it is located or to which it is contiguous.
A portion of the street was vacated in 1986 and has not been a through street since that point. The street
provides access to property owned by the petitioner.
(2) The vacation would not make access to the lands of the aggrieved person by means of public way
difficult or inconvenient.
The petitioner owns all the property directly adjacent to the street being vacated.
(3) The vacation would not hinder the public's access to a church, school, or other public building or place.
There are no churches along the street. Properties on both sides of the street are owned by IUSB, the
petitioner.
(4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to
which it is contiguous.
The road currently dead ends in to property owned by the petitioner. The street does not serve as a.public
access to property beyond that owned by the petitioner.
Due to the above stated reasons, the staff recommends that the proposed street vacation be approved.
Please contact our office if you have any questions or need any additional information.
Sincerely, n
Angela M. Smith
Planner
SERVING ST. JOSEPH COUNTY. SOUTH REND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA, d ROSELAND
WW W.STI OS F PH C OU NTT INDIAN A.COM
Melinda Lercel
From: Brad Rohrscheib
Sent: Wednesday, August 21, 2013 8:41 PM
To: Andre Price; Atin Kain; Michael Mecham; Federico Rodriguez, jbyorni @co.stjoseph.in.us;
Cheryl Greene; pmgriffin @nisource.com; Melinda Lercel
Subject: RE: Street Vacation - Hildreth Street East from Esther Street to the Dead End
After review, the police department has no objections
PFC Brad Rohrscheib
South Bend Police Department
Uniform Patrol Division
701 W. Sample St.
South Bend, IN 46601
(574) 135 -5888 ext. 2250
brohrsch @southbendin. aov
www.southbendin.aov
From: Eugene Eyster
Sent: Friday, August 16, 2013 11:02 AM
To: Brad Rohrscheib
Subject: FW: Street Vacation - Hildreth Street East from Esther Street to the Dead End
From: Melinda Lercel
Sent: Thursday, August 15, 2013 3:32 PM
To: Andre Price; Ytin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st joseph.ln.us; Eugene Eyster
Cc: Cheryl Greene; pmgriffin @nisource.com
Subject: Street Vacation - Hildreth Street East from Esther Street to the Dead End
Please provide your recommendations.
Thank you,
Melinda Lercel
Department of Public Works
Division of Engineering
(574) 235 -9251
m tercel @southbendin.aov
City of South Bend
227 W. Jefferson Blvd.
Suite 1316 County City Building
South Bend, IN 46601
http://www.southbendin.gov
INTER - OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 8/15/2013
TO: Andre Price, Solid Waste
Jitin Kain, Community Investment
Michael Mecham, Engineering Department
./ Federico Rodriguez, Fire Department
;/John Byorni, Area Plan Commission (jbyorni(a)co.st-
Eoseph.in.us or 235 -9813 fax)
Gene Eyster, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO (pmffi
Q^rinOnisource.com) (FYI Only)
FROM: Linda M. Martin, Clerk 0 ��
"
SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION
APPLICANT:
LOCATION:
DATE DUE:
FAX OR E -MAIL TO:
IUSB
Hildreth Street East from Esther Street to the Dead End
August 26, 2013
235 -9171 / imartin(dsouthbendin.4ov
RECOMMENDATIONS AND COMMENTS:
By Date