HomeMy WebLinkAbout08-25-14 Council Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, AUGUST 25, 2014
1. INVOCATION - CHAPLAIN FRED PRESTON
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
'7 •nn P M
14 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND
HONORING MAY LEE JOHNSON FOR THE MANY
CONTRIBUTIONS SHE HAS MADE TO OUR COMMUNITY AS A
GIFTED JOURNALIST
14 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND
HONORING THE SOUTH BEND EASTSIDE 11U ALL STAR
TEAM FOR A GREAT DISTRICT TOURNAMENT AND A GREAT
2014 SEASON
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION
WILL BE CHIEF OF STAFF KATHRYN ROOS
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
PTT T nin
41 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL
SERVICE FEES
8. BILLS, THIRD READING TIME:
BILL NO.
41 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL
SERVICE FEES
9. RESOLUTIONS
10. BILLS, FIRST READING
RTTT, Nn_
43 -14 FIRST READING ON A BILL OF THE CITY OF SOUTH
BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE
OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO
MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF
SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER
31, 2015
44 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES
OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH
BEND, INDIANA FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015
INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS,
AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
45 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES
OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF
SOUTH BEND INDIANA, FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015
INCLUDING ALL OUTSTANDING CLAIMS, AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
46 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING,
ADOPTING AND APPROVING THE SOUTH BEND PUBLIC
TRANSPORTATION CORPORATION'S 2015 BUDGET AND
LEVYING THE TAX AND FIXING THE RATE OF THE
TAXATION FOR THE PURPOSE OF RAISING REVENUE TO
FUND THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2015
11. UNFINISHED BUSINESS
A. REPORT FROM AREA BOARD OF ZONING APPEALS
1. BILL NO. 14 -76 - SPECIAL EXCEPTION - 1827 BENDIX
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.
S�S-11 &L t < 0 ", _ 4 (_11
Substitute Bill No. 41 -14
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES
STATEMENT OF PURPOSE AND INTENT
Since 1981, the City of South Bend, Indiana has codified the regulation of ambulance and
medical user fees into the South Bend Municipal Code. South Bend's current ambulance and
medical user fees took effect on January 1, 2009 (Ordinance No. 9887 -08).
The South Bend Fire Administration has regularly reported to the Common Council its
ambulance service activity pursuant to Chapter 9, Article 3, Section 9 -18 of the South Bend
Municipal Code, and has provided its recommendation regarding adjustment of user fees. Based
on its survey of these fees and charges, and due to increased costs to the City for personnel
training and necessary medical supplies, it is recommended that ambulance and medical user fees
be adjusted consistent with the 2012 Medicare Fee Schedule. In order for the Fire Department
paramedic branch to fully recover the costs and expenses of providing ambulance and emergency
medical services, an adjustment is required of the rates last set in 2009.
It is further recommended that the report to the Common Council required by Municipal
Code Chapter 9, Article 3, Section 9 -18, take place by June 1 of each calendar for the entire
preceding fiscal year. These changes are reasonable, appropriate, and in the best interests of the
City of South Bend.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
Section I. Chapter 9, Article 3, Section 9 -16 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
Sec. 9 -16. Ambulance /medical user fee -- Established.
(a) The following user fee schedule shall be charged for all ambulance /medical services provided by
the City through its paramedic branch of the Fire Department:
(b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two (2) persons.
(c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend, Indiana.
(d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician -Basic (EMT - Basic).
(e) Advanced Life Support, Level 1 (ALSI): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision of at least one ALS intervention.
(f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance.
vehicle, medically necessary supplies and services, and the administration of at least three (3)
medications by intravenous pus /bolus or by continuous infusion excluding crystalloid, hypotonic,
' ALS 1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ".
Resident
Non-
Resident
Resident
Non - Resident
(1) Basic Life Support (BLS
Nonemergency)
Q ^'
$315.84
$420.07
_
(2) Basic Life Support--(BLS
Emergency)
496 73 —
��� ��
�—
505.34
672.10
(3) Advanced Life Support —(ALS
Non Emergency)
,T
nn�rro�
379.01
504.08
(4) Advanced Life Support--
Emergency (ALS -1 Emergency)
,Q�
600.09
798.12
Emergency
(5) Advanced Life SuHminimum
4
��
868.55
1,155.16
-��
(6) Mileage, Basic (W
Limits) (per patient m>
one (1) mile)
10-55
12.66
12.66
(7) Mileage, Rural (per patient miles,
minimum one (1) mile)
��
19.16
19.16.
(8) Non - Transport Medical Calls
egg —
200.00
250.00
—�—
(b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two (2) persons.
(c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend, Indiana.
(d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician -Basic (EMT - Basic).
(e) Advanced Life Support, Level 1 (ALSI): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision of at least one ALS intervention.
(f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance.
vehicle, medically necessary supplies and services, and the administration of at least three (3)
medications by intravenous pus /bolus or by continuous infusion excluding crystalloid, hypotonic,
' ALS 1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ".
isotonic, and hypertonic solutions (Dextrose, Normal Saline, Ringer's Lactate); or transportation,
medically necessary supplies and services, and the provision of at least one (1) of the following:
(1) Manual defibrillation /cardioversion
(2) Endotrachealintubation
(3) Central venous line
(4) Cardiac pacing
(5) Chest decompression
(6) Surgical airway
(7) Intraosseous line
(g) Non - Transport Medical Calls: Means a response to a medical emergency call by ambulance
vehicle and the administration of ALS skills upon or medication given to a patient who then
refuses transport to the hospital.
(h) Mileage, Rural, shall apply to vehicle runs made to areas in zones or zip codes designated as rural
by Medicare and the U.S. Department of Health and Human Services in its Medicare regulations.
(i) The above fees shall take effect on a ;: ^ -) ! �Seotember 1. 2014.
Sectiop II. Chapter 9, Article 3, Section 9 -18 of the South Bend Municipal Code is
amended to read in its entirety as follows:
Sec. 9 -18. Annual Review of User Fees by Common Council Following September 1
Annual Report From the South Bend Fire Department.
(a) The South Bend Fire Department shall prepare a report and file the same with the
Office of the City Clerk on or before September - une I" of each year. Said report shall
summarize ambulance /medical service runs as of Au x °* � �a'
s� of for the entire preceding
fiscal year by identifying the number and type of each run; amount billed; amount collected;
amount in collection; number of lawsuits filed; and recommendations with regard to fee
amounts. Any fee recommended fee adjustments shall include reasons for the requested
adjustments.
(b) The Common Council shall review the report filed annually by the South Bend Fire
Department. The Council's Personnel and Finance Committee and /or the Council's Health and
Public Safety Committee shall make a formal recommendation to the Common Council
following a public hearing. Data contained in the annual report and testimony provided at the
committee's hearing shall be used in determining fair and equitable user fees.
Section III. This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Attest:
City Clerk
lJ u- -5 oat of s
Member of the Common Co cil
-0�°3 , tx fir CSCiL'iSYv aw
Council Wan on US
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2014, at o'clock m.
City Clerk
Approved and signed by me on the day of
at o'clock, .m.
:; READING
?URLIC NEARING
rd READING
,OT APPROVED
(ERRED
PASSED
2 ,
Mayor, City of South Bend, Indiana
40 ZU141¢¢
D4�dh . da .. J
CITY C:LEPIY, t3t91 "Sv EEP16, Ito t
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CRISTAL BRisco
CORPORATION COUNSEL
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF LAW
August 20, 2014
Mr. Oliver Davis
President, South Bend Common Council
41h Floor, County -City Building
South Bend, rN 46601
PHONE 574/235 -9241
FAx 5741235 -7670
ALADEAN M. DEROSE
CITY ATTORNEY
Re: Bill # 41 -14 Ambulance /Medical Service Fee Ordinance — Substitute Version
Dear President Davis:
On July 23, 2014, Fire Chief Stephen Cox filed Bill #41 -14 which is an ordinance
requesting an increase in the City's Ambulance /Medical Service Fees. Second and third reading
as well as public hearing of this Bill were postponed to August 25, 2014 at the Administration's
request to answer the Common Council's questions about this ordinance as filed.
The Administration is now withdrawing that portion of the ordinance which permitted the
Fire Chief to adjust ambulance and emergency medical service (EMS) user fees annually based
on increases in Medicare reimbursement rates. A substitute version of Bill #41 -14 is attached.
Section I of the ordinance has been revised to delete in its entirety the new, proposed
subpart 0) to South Bend Municipal Code Chapter 9 Article 3, Section 9 -16. Section II of the
Ordinance which amends Section 9 -18 of Municipal Code, Chapter 9, Article 3 has been
changed to delete the reference to "intended new user fees" under subpart (a) which was in the
original version of Bill #41 -14. The effective date of the new fees has been changed from August
1, 2014 to September 1, 2014 in this substitute Bill.
Fire Chief Stephen Cox will present this Substitute Ordinance to the Common Council.
Thank you for your assistance. Filed Iro ,'syPr'r 0ffle
c: Chief Steve Cox Sincerely, ZU14
Kathleen Cekanski Farrand L� , _
JOHN `v'njoi korc
LER�, SOUTH BEND, IN
adean M. DeRose, City ._ ._
CHERYL A. GREENE PAUI. E. SINGIETON CARRIE GAINFS
CORY HAMF.L LAWRENCEJ. METEIVER TASHA REED OUTLAW JEFFREY L. SANFORD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES
AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING
REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY
OF SOUTH BEND FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2015
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the
purpose of raising revenue to meet the necessary expenses for 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of
Taxable Property of the City of South Bend, Indiana, for the fiscal year 2013 to be collected in the year 2014
the following:
For CORPORATION GENERAL FUND, the sum of $xxxx on each one hundred dollars of Taxable
Property.
For PARK AND RECREATION FUND, the sum of $xxxx on each one hundred dollars of Taxable
Property.
For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $xxxx on each one hundred
dollars of Taxable Property.
Total Civil City Rate $xxxx
For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $xxxx on
each one hundred dollars of Taxable Property.
Total Redevelopment Rate $xxxx
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.
0� O (��
Member of the Common Council
Attest: nStf" ffi this � is ®;dp i 9go��.FS(,3"*oaf
--wd Bow'•o 6i
Clerk
. s1 READING
PUBLIC PEAR NIG
3 rd READING
NOT APPROVED
REFERRED
PASSED
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of , 2 , at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock .m.
2 , at
Mayor, City of South Bend, Indiana
Filed in office
4 i7 [U14
JUpfN : %.:...,,�E
CRY CLERK, SOU I H SEND, IN
120ON CouNTr -CiTr BcuLDiNG
227 W. JEFFERSON BLVD.
Somii BEND, INDIANA 46601 -1830
CITY of SOUTH BEND PETE B=GIEG, MAYOR
PHoNE574 /235 -9216
FAX 574/235 -9928
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 20, 2014
Mr. Oliver Davis
President, South Bend Common Council
4 °i Floor County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Levying Taxes and Fixing the Rate of Property Taxation to Meet City Expenses for the Fiscal
Year Ending December 31, 2015
Dear Council President Davis:
Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the
property tax rate for the City of South Bend for the fiscal year commencing January 1, 2015 and ending December
31, 2015. This tax rate will apply for property tax assessments in fiscal 2014 with taxes payable in fiscal 2015.
This bill is submitted for I" read filing with the Common Council for the council meeting on August 25, 2014, 2nd
reading and public hearing at the council meeting on September 22, 2014, with 3`a reading and council vote at the
council meeting on October 13, 2014.
Similar to prior years, a substitute bill will be filed with the estimated property tax rates inserted after they are
determined. The final property tax rates for each municipality in the State of hidiana are determined by the
Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according
to the state budget calendar, must be completed in February, 2015. The actual property tax rates will depend on the
2014 /pay 2015 net assessed valuation of property in South Bend and this information is not yet available from the
St. Joseph County Auditor.
I will be available to discuss this.bill at the appropriate sessions of the Personnel and Finance Committee and other
meetings of the South Bend Common Council.
Respectfully submitted,
,
Joh H. Murpurp hy rb�-
City Controller
cc: Mayor Pete Buttigieg
Mark Neal, Deputy Mayor
Kathryn Roos, Chief of Staff
Cristol Brisco, Corporation Counsel
Brian Pawlowski, Deputy Chief of Staff
Jennifer Hockenhull, Deputy City Controller
Filed in ;; office
0 [U14
J®FiN �66F-'DF.
CITY CLERK, SOUTH BEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL
DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several
Departments of the Civil City of South Bend, Indiana for 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AS FOLLOWS:
SECTION 1. For the expenses of the Civil City Government, its various Departments, Funds,
Commissions, and institutions for the fiscal year ending December 31, 2015, the following sums of money,
as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set
apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws
governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized
to be made in said year, unless otherwise expressly stipulated or provided by the laws.
SECTION II. For the fiscal year ending December 31, 2015, there is hereby appropriated out of
the General Fund Number 101 and from Funds other than the General Fund, of said City to wit:
(201) Park and Recreation Fund
(202) Motor Vehicle Highway Fund
(203) Park Recreation Non - Reverting Fund
(209) Studebaker Oliver Reverting Grants
(210) Economic Development Grant Fund
(211) Community Investment Administration Fund
(212) Community Investment Grant Fund
(216) Police State Seizures Fund
(217) Gift, Donation, Bequest Fund
(218) Police Curfew Violations Fund
(220) Law Enforcement Continuing Education Fund
(222) Central Services Fund
(224) Central Services Capital Fund
(226) Liability Insurance & Premium Reserve Fund
(227) Loss Recovery Fund
(249) Public Safety Local Option Income Tax Fund
(251) Local Roads and Streets Fund
(258) Human Rights — Federal Fund
(271) East Race Waterway
(273) Morris PAC /Palais Royale Marketing Fund
(278) Police Take Home Vehicle Fund
(289) Hazmat Fund
(291) Indiana River Rescue Fund
(292) Police Grants Fund
(294) Regional Police Academy Fund
(295) COPS More Grant Fund
(299) Police Federal Drug Enforcement Fund
(313) Hall of Fame Debt Service Fund
(377) Professional Sports Development Fund
(401) Coveleski Stadium Capital Fund
(403) Zoo Endowment Fund
(404) County Option Income Tax Fund
(405) Park Department Non - Reverting Capital Fund
(406) Cumulative Capital Development Fund
(407) Cumulative Capital Improvement Fund
(408) County Economic Development Income Tax Fund
(410) Urban Development Action Grant Fund
(412) Major Moves Construction Fund
(416) Morris Performing Arts Center Capital Fund
(434) CREED Fund
(450) Palais Royale Historic Preservation Fund
(655) Project ReLeaf Fund
(677) Hall of Fame Capital Fund
(701) Fire Pension Fund
(702) Police Pension Fund
(705) Police K -9 Unit Fund
(711) Self - Funded Employee Benefit Fund
(713) Unemployment Compensation Fund
(730) City Cemetery Trust Fund
SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
JL- -ro&y_, , ( %�
Member, South Bend Common Coun`cr
Attest:
"{to'r f'j all
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2, at o'clock .m.
City Clerk
Approved and signed by me on the day of , 2 at
_o'clock, —.in.
Is, READli.G �—_ t S= I 1
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
PASSED
Mayor, City of South Bend, Indiana
L n
2P299-0;j rH SEND, IN
120ON COUNTY -O YBUILDING
227 W. JEEEnsoN BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574 /235 -9216
FAX 574/235 -9928
CITY OP SOUTH BEND PETE BUMGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 20, 2014
Mr. Oliver Davis
President, South Bend Common Council
4th Floor, County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Appropriating Monies for the Purpose of Defraying the Expenses of
Departments and Funds of the Civil City of South Bend for the Fiscal Year Ending
December 31, 2015
Dear Council President Davis:
Attached herewith please find a bill for consideration by the Common Council of the City of South
Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1,
2015 and ending December 31, 2015.
This bill is respectively submitted for 151 read filing with the Common Council for the council
meeting scheduled for August 25, 2014, 2nd read and public hearing at the council meeting on the
September 22, 2014, with 3rd read and council vote at the council meeting on October 13, 2014.
This bill will be presented to the Common Council by the Deputy Mayor, Controller, Department
Heads and other staff of City Administration as required at the appropriate sessions of the
Personnel and Finance Committee and at the public hearing.
Respectfully submitted,
r
Jo H. . M Murphy
City Controller
cc: Mayor Pete Buttigieg
Mark Neal, Deputy Mayor
Kathryn Roos, Chief of Staff
Cristal Brisco, Corporation Counsel
Brian Pawlowski, Deputy Chief of Staff
Jennifer Hockenhull, Deputy City Controller
Filet! in C. Office
E2 0 2014
JOHN V�. -URDE
CITY CLERK, SOUTH SEND, IN
281000
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL
OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL
TAKE EFFECT.
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated
Enterprise Funds of the City of South Bend, Indiana for 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AS FOLLOWS:
SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its
various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2015, the
following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated
and ordered set apart within the Funds hereinafter named in Section II, and for the purposes hereinafter specified in
Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all
expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law.
SECTION 11. For the fiscal year ending December 31, 2015 the above appropriations are made within the
following Funds of the City:
(287)
EMS Capital Fund
(288)
EMS Operating Fund
(600)
Consolidated Building Fund
(601)
Parking Garages Fund
(610)
Solid Waste Operating Fund
(611)
Solid Waste Depreciation Fund
(620)
Water Works General Operations Fund
(622)
Water Works Capital Fund
(624)
Water Works Customer Deposit Fund
(625)
Water Works Sinking Fund
(629)
Water Works 0 & M Reserve Fund
(640)
Sewage Repair Insurance Fund
(641)
Sewage Works General Operations Fund
(642)
Sewage Works Capital Fund
(643)
Sewage Works O &M Reserve Fund
(649)
Sewage Works Bond Sinking Fund
(659)
2011 Sewer Bond Fund
(661)
2012 Sewer Bond Fund
(670)
Century Center Operating Fund
SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
Attest:
City Clerk
Qi-
Member of the Common Council
6bft of 6- t"2J is daiJ* te, N''Tv' an
R �Y fOS P'bllc aw
Could aftq on Uft wa
Presented by me to the Mayor of the City of South Bend, Indian on the day of
,at o'clock .m.
Deputy
Approved and signed by me on the
_day of at o'clock .m.
Mayor, City
i st READING Y I I x
PUPLIC NEARING
3 rd READING
NOT APPROVO
REFERRED
PASSED
Clerk
Bend, Indiana
Filed l- -° office
t;J^ 2 0 2014
3Ot4N V 'c6 ,DE
CITY CLERK, sou n4 BEND, IN
120ON Counm -Crrr BwDiNG
227 W JEFFERSON BLVD.
Souni BEND, INDIANA 46601 -1830
PHONE 574/ 235 -9216
Fax 574/235 -9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 20, 2014
Mr. Oliver Davis
President, South Bend Common Council
4a' Floor, County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Appropriating Monies for the Purpose of Defraying the Expenses of Designated
Enterprise Funds of the City of South Bend for the Fiscal Year Ending December 31, 2015
Dear Council President Davis
Attached herewith please find a bill for consideration by the Common Council of the City of South
Bend appropriating monies for enterprise fund expenditures for the fiscal year commencing
January 1, 2015 and ending December 31, 2015.
This bill is respectively submitted for 151 read filing with the Common Council for the council
meeting scheduled for August 25, 2014, 2nd read and public hearing at the council meeting on the
September 22, 2014, with 3rd read and council vote at the council meeting on October 13, 2014.
This bill will be presented to the Common Council by the Deputy Mayor, Controller, Department
Heads and other staff of City Administration as required at the appropriate sessions of the
Personnel and Finance Committee and at the public hearing.
Respectfully submitted,
I,1M. Murphy
H. Murphy °�-
City Controller
cc: Mayor Pete Buttigieg
Mark Neal, Deputy Mayor
Kathryn Roos, Chief of Staff
Cristal Brisco, Corporation Counsel
Brian Pawlowski, Deputy Chief of Staff
Jennifer Hockenhull, Deputy City Controller
Filed I Office
20 2014
JOHN W104M
C"y CLEM,, SOUTH SEND, IN
�M
L)-�u 005 - `-E(<:)- (`f
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND
PUBLIC TRANSPORTATION CORPORATION'S 2015 BUDGET AND LEVYING THE
TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF
RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2015
Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit
its proposed budget and tax levy to the Common Council of the City of South Bend for adoption.
Specifically, Indiana Code § 6- 1.1 -17 -20 requires that the South Bend Public Transportation
Corporation, as a political subdivision governed by a majority of unelected officials, submit its
proposed budget and property tax levy to the Common Council of the City of South Bend.
Pursuant to Indiana Code § 6- 1.1- 17- 20(e), the Common Council of the City of South Bend is
required to review the South Bend Public Transportation Corporation's budget and proposed tax
levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, as follows:
SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending
December 31, 2015 in the sum of $12,380,685.00, as shown on Budget Form 4 -A, filed with the
Common Council on August 27, 2014, is appropriated, adopted, approved and ordered set apart
out of the several funds herein named and for the purposes herein specified, subject to the laws
governing the same. Such sums herein appropriated shall be held to include all expenditures
authorized to be made during the year, unless otherwise expressly stipulated and provided for by
law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South
Bend Public Transportation Corporation, a total property tax levy of $3,963,443.00 and a total
tax rate of 0.1137 as shown on Budget Form 4 -B are also appropriated, approved and adopted.
SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the
Common Council of the City of South Bend and approved by the Mayor.
Attest:
City Clerk
Member, South Bend Common C uncil
Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of
2014, at o'clock . m
Approved and signed by me on the _ day of
at o'clock, _.m
1st READING
PUBLIC HEARING
3 rd READING
,,,,!OT APPROVED
�F
ERRED
PASSED
City Clerk, Deputy
, 2014,
Mayor, City of South Bend, Indiana
Filed IP Vice
9
CITY CLERK, SOUTH BEND, IN
'dilk
®I o trans p
south bend public
transportation corporation
Via Hand Delivery
August 20, 2014
Mr. Oliver Davis
President - City of South Bend Common Council
County - City Building - Room 4005
South Bend, IN 46601
Dear President Davis:
Enclosed please find an original and several copies of:
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORTATION'S 2015 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION
FOR THE PURPOSE OF RAISING REVNUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015
Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of
South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6- 1.1 -17 -20
requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget
and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's
budget and proposed tax levy and adopt a final budget and tax levy for Transpo.
I.C. § 6- 1.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy.
Pursuant to this code section, the first publication of Transpo's budget must occur by September 5, 2014 and the second
publication must be made by September 12, 2014.
Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council.
Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board
meeting on October 20, 2014.
Transpo's budget was filed with the Common Council on August 20, 2014. Transpo will present this Ordinance to the
Council by its Controller, Christopher Kubaszak. Tranpso's General Counsel, Jamie C. Woods, may also attend along
with Members of Transpo's Board of Directors.
On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated.
Sincerely,
David Canggaany
General Manager, South Bend Public Transportation Corporation
Filet! Ir
:u z 0 2014
JOHN VOOR156
CITY CLEAR, SOUTH BEND, IN
(574) 232 -9901 • FAX (574) 239 -2309 • 1401 South Lafayette Blvd • South Bend, IN 46613 �cbd1✓
/1 I'
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
1827 Bendix Rd. South Bend, IN 46628
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:
1827 Bendix Rd. South Bend, IN 46628
in order to permit
A retail operation for St. Vincent De Paul Society
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:
I . 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
n U- �L � '31-- s � f --
Member of the Common Council
sn'q & 11'c G ": iu ai s" to f`i' lde all
Comd &ch''i (m Lhb Ww,
Filed In Clerk's Office
JUL 1 4 2014
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
Special Exception Petition
St. Vincent de Paul Society of St. Joseph Country, Inc.
Petitioner: Anne Hosinski Watson, Executive Director, St. Vincent de Paul Society
Location of property in petition: 1827 Bendix Rd. South Bend, IN 46628
Statement of variance requested and reason for request: A special use variance is being requested for
the subject property so St. Vincent de Paul Society can legally exercise retail operations within their
leased portion of the building. The proposed 42,000 SF portion of the building with frontage on Bendix
Rd. will contain about a 12,000 SF retail floor to sell donated goods.
1. This zoning Special Exception will not be injurious to the public health, safety, morals and
general welfare of the community because the retail floor will be clean and operated under
proper HVAC. Area of operations also has a proper fire suppression system and ample
pedestrian exits.
2. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because this Special Exception will not disrupt
the operations of adjacent properties or use their premises for any reason. The retail floor
requested is within the building and not visible from the outside.
3. This strict application of the terms of the zoning ordinance will not result in practical
difficulties in the use of the property because it will be practiced within the legally leased
portion of the subject property.
Zoning Classification: LI Light Industrial
Township : Portage Township
S' ature
Petitioner
Anne Hosinski Watson
Executive Director
St. Vincent de Paul Society of St. Joseph County, Inc.
520 Crescent Ave., South Bend, IN 46617
1 -574- 318 -3003
Owner Name: 1827 Bendix Holdings LLC
Owner Address: Ste 400, Grand Rapids, MI 49503
Property Address: 1827 N. Bendix
Owner Name: 1827 Bendix Holdings LLC
Owner Address: Ste 400, Grand Rapids, MI 49503
Property Address: 18 3500 Voorde Drive
Owner Name: Republic National Distributing Company of Indiana LLC
Owner Address: 700 W. Morris St, Indianapolis, IN 46225
Property Address: 1880 N. Kenmore
Owner Name: N & D Enterprises Inc
Owner Address: P.O. Box 1338, Elkhart, IN 46515
Property Address: 3409 Voorde Drive
Owner Name: Lalwani LLC
Owner Address: 1901 Bendix Drive
Property Address: 1901 N. Bendix
Owner Name: Mittiga Maria
Owner Address: 26142 Twin Lakes Trail, South Bend, IN 46628
Property Address: 1735 N. Bendix Drive
o �
3ANO XIGN38 'N
N
Ou
q U
Fi �C I p iCQW a
I —
�
_ I
I
Gd
I f L
IL
e w #�
II I
y —_
a —
ill '
w I it �e
FLT
c 5k ' s
-i l- -�_� - --
F W n
VI n
(D 0 0 0 Q
2
228
HN Ilk
9 E ge
'PC) 0
Agri W
W I if
i
145 5
F(D
0 9 9
c
11411*1
I Ol
I I
yd Is 0 1 1
>
z
P c
RE
nFj <
gx
BENOIX DRIVE
lUe
fr
ALTAJAC514 LAND TITLE SURVEY MCHMOND B�N
IIII!jjjljg 1827N.BENDIXDPIVE&3500V,;ORDEDPdVE gape
.$x
aR g R5g Z R € as L aF t
az'g I9 ARtF p Eg sc xg a5
tsS�idd4 s i LF R£ €g € S ¢a v L
0 d 6 a
. Sg £ a
€ a 2 dE n.. A " N L2 R c x3 g .s x
F {2`F t C£ k � €£ -5 � 4a ZF I�
5a 6% E Y- 8x E i8 z R rRt F 5 #F a I
d fix£ £� '£ 2 4 i.. $ s a %'s € s Y 'A st es F a>
[ e Es.
°
.dg
sa § e S3:E s Y Eey RE £ @ a € s €a zF €a d€ �€
r F °65 G £sE:.R F R E S 6 F CR H C Sae In a °-
i € H F. v 5 €''' °• ¢
-
of i S s R. F f '.
5 s' S 6 i Ra 9 L r 6 N €F R" e g 33IF L,
P E a r° ¢ E F
$ sB8 etc 6
Lk 5 s s 4 s. a" RE € €.
c� � € s , i
:Z €a, E c �
2%E
R
S
Z
R� g E i E d= s L A a @ 6 $z •aG $$ pga. °� d ti
$e f a ae . . € Sd ; g g Ee° € e ➢ R 9 $ £ ¢ a °g ti
y[Ry[(L. x p yi s9F s€ Fpip e s €33g a y� 55�2a pop d�"d ff L $3a £ m
s,. Ya R K A2A f 'G-
gg s `R Gp gii s' ,g w a "c XF..g R„ e c
Fsg$ 6> a g[ i;€ 9 R €5€ is d1¢g9 E 4F QgEF%{eQ R Me c G
11j1 a i $ R :439.3 i a°E$sea a If. i6A€- A� C
ea !F g 33f ¢ i$_'s€ gMH €
ra § >ggkA $R� ik
4 = FFS4 g Epe ,e..ge3 k :k
3��k k S $ € 143k g
3 HA's
C R Y ^CYE k
i
IN;,
Rtt iL RR i
ig fg _C��Lpfg R���ii2 g
3 t €€
Ci f• 3 � �€ 42 .�F� E;€ F j�H R��4�L R$aEE�
�i� eagiR2 4 €R "ed "s g
1 A [ � €t9 -t n •Fi - f G
WI �gR��� s
M
E�
t!i.y,f mw,q o .o
�il�tl ALTA/AGSDRIVE TITLE SURVEY wcnnoxo ¢Rerun un
BENDl% DRIVE & 3500 VOORDE DRIVE ssoo6
CONBV L/1'ANTB
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
574/235 -9554
574/235 -5541 -Fax
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on
Wednesday, the 6th day of August , 2014 , at 1:30 p.m. in the Council Chambers on
the 4`h Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana.
A petition is on file by South Bend City Clerk, 7/14/2014
Seeking:
Special Exception zoning for 1827 Bendix Rd. South Bend IN 46628 to allow St. Vincent De
Paul Society to exercise retail operations within their proposed legally leased portion of the
facilitv. Current zonino is Lioht Industrial.
On property commonly described as:
Industrial building on the northwest corner of the intersection of Bendix Rd. and Voorde Dr.
Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138,
Acts of 1957 of the General Assembly of the State of Indiana.
As a property owner within the immediate appeal area, this notice is sent to you as a courtesy.
Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property
will not receive a copy of this notice. If you know of someone who should have received notice but didn't,
please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the
time of the hearing.
AREA BOARD OF ZONING APPEALS
Carolyn A. Henry
Secretary to the Board
NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public
hearing in the Council Chambers on the 4th Floor of the County -City Building, 227 W. Jefferson Blvd., South
Bend, Indiana on the 6th day of August 2014 1 at 1:30 p.m. or as soon thereafter as the
matter can be heard. This hearing is for the purpose of considering a petition that was
Filed by: South Bend City Clerk, 7/14/2014
Seeking:
Special Exception zoning for 1827 Bendix Rd South Bend, IN 46628 to allow St Vincent De
Paul Society to exercise retail operations within their proposed legally leased portion of the
facility. Current zoning is Light Industrial.
On real estate commonly described as:
Industrial building on the northwest corner of the intersection of Bendix Rd and Voorde Dr
and is legally described as follows:
Parcel Of Land 455'X727'Sec 33 38 2e Ex SE Cor,03 A +- 08/09 Split to Qi ly for Street 95300CD
11 -28 -07
Dated this day of
Area Board of Zoning Appeals
Carolyn A. Henry
Secretary to the Board
TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary
of the Board of Zoning Appeals with the other papers at the time of original filing.
Once it is signed by the Secretary, then it is your responsibility to make
arrangements to have publication of notice made in a local newspaper having
general circulation in St. Joseph County. Such notice must be published
one (1) time, being at least ten (10) days prior to the date on which the
public hearing is to be held. Proof of publication must be presented to
the Board at the time of public hearing.
C LAWRENCE P. MAGLIOZZI
INTERIM EXECUTIVE DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY CITY BUILDING, SOUTH BEND, INDIANA 46601 (S 74) 23S -9571
July 24, 2014
Area Board of Zoning Appeals
125 S. Lafayette, Suite 100
South Bend, Indiana 46601
RE: Area Board of Zoning Appeals Meeting
Dear Board Members:
The following comments are being made concerning items to be heard at the Area Board of Zoning
Appeals meeting on Wednesday. August 6 2014. 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.
4. Petition of Devon Hastings.
The staff is generally in favor of the height variance, except for the 25' x 25' clear site area at the
intersection of Erskine and Victoria. The petitioner can either reduce the height of the fence in this
area to 3' or put the fence on an angle, but the staff would not support a clear site area variance.
CLEAR I.., I CLEAR
SIGHT I w SIGHT
AREA 1 AREA
,iT N
STREET
6. Petition of Michael Grzeskowiak.
The staff is in favor of a height variance, but only to the height needed to accommodate the proposed
building. The definition of building height is "The vertical distance from the curb level to the highest
point of the under side of the ceiling beams in the case of a flat roof to the deck line of a mansard roof
and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip,
or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other
than signs shall not be included in calculating the height." An elevation or building plans may be
helpful in determining the height, insuring that the requested variance is not greater than needed.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND
w w w s T 1 -I e r. c o o e r r I ry o A. A c o p I .... I I.�
7. Petition of Hoosier Sport.
The staff is generally in favor of the fence height variance. In order to screen the residential
neighbors to the east, the staff recommends the east end of the fence be screened.
Special Exception I 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 uses authorized therein;
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
9. Petition of St. Vincent de Paul Society.
Based on information available prior to the Board meeting, the staff recommends the special
exception use be sent to the Common Council with a favorable recommendation.
(1) The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare.
Allowing retail sales in an industrial area and within an industrial building will not be injurious to
the public health,
safety, comfort, community moral standards, convenience or general welfare. The proposed use
will fill a vacant space on a busy street.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein.
Bendix is a mostly industrial area, with some commercial mixed in. Since this use will be fronting
on Bendix, any adverse affect would not extend to residential areas.
(3) The proposed use will be consistent with the character of the district in which it is located and
the land uses authorized therein.
Bendix is a highly travelled road, connecting the Lincolnway corridor to the Portage corridor. In
November 2012, the MACOG traffic count on Bendix at Elwood was 18205 AADT (The adjusted,
24 -hour annualized average daily traffic count based on 48 -hours of traffic data.)
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
One of the land use objectives of City Plan is to 'pursue a mix of land uses along major corridors
and other locations identified on the Future Land Use Map ". The future land use map identifies
this area of Bendix as light industrial.
Sincerely,
&V A P X
i_�
Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W. ST) 0 S E PH C 0 U N T Y IN 0 1 A N A. C 0 N l .... p,,.
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
August 7, 2014
The Honorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception for St. Vincent DePaul Society
ABZA 8/6/14
Dear Council Members:
The above referenced petition of St. Vincent DePaul Society of St Joseph County was legally advertised
on July 17, 2014. The Area Board of Zoning Appeals gave it apublic hearing on August 6, 2014,
atwhich time the following action was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and carried unanimously,
the petition for Special Exception to allow Retail Sales in a "LI" District, on property
located at 1827 Bendix Road 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.
Sincerely,
Mark A. Lyons
Assistant Zoning Administrator
MAL /cah
PETITION OF
ST. VINCENT DePAUL SOCIETY
SPECIAL EXCECTION.
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
L 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:
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this
property.
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 its 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:
ADOPTED this 6TH Day of AUGUST, 2014.
YES NO
ABSEBT MICHAEL URBANSKI
GERALD PHIPPS
❑x RANDALL MATTHYS
a] BRENDAN CRUMLISH
❑x JOE VELLEMAN
El JACK YOUNG
❑x ROBERT HA WLEY