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05-09-11 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, MAY 9, 2011 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- WCOMMITTEE ON MINUTES 5. SPECIAL BUSINESS 11 -32 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING MAY 20, 2011 AS A' DAY OF REMEMBRANCE AND DEDICATION TO ALL SOUTH BEND POLICE OFFICERS 11 -33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF COMMUNITY -WIDE PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) BROADCASTING FOR SOUTH BEND, MISHAWAKA AND ST. JOSEPH COUNTY G. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 13 -11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 14 -11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST - WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT.) THE FIRST NORTH -SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON ,STREET (APPROX. 410 FT.) 8. BILLS, THIRD READING TIME: RTT,T. NO- 13 -11 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 14 -11 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST- WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT.) THE FIRST NORTH - -SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT.) 9. RESOLUTIONS BILL NO. 11 -28 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 700 WEST IRELAND ROAD, SOUTH BEND, IN 46614 11 -29 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 1201 CAMPEAU 11 -30 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 1019 TALBOT AVENUE AND 1023 TALBOT AVENUE, SOUTH BEND, IN 46617 11 -34 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED 11 -35 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED 11 -31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21 -2011 REGARDING BLOCK PARTY APPLICATIONS 10. BILLS, FIRST READING BILL NO. 19 -11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: LINCOLNWAY WEST FROM MAYFLOWER ROAD EAST APPROXIMATELY 1,400 FEET 20 -11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF MICHIGAN ST., FROM DAYTON ST. SOUTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET 21 -11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1507, 15131 1517, 1521 SWYGART AND VACANT LOTS 246, 247 AND 249, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA 22 -11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA 23 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $177,000 WITHIN PARKS & RECREATION FUND #201 FOR GRAFFITI REMOVAL ACTIVITIES 24 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $215,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND 416) FOR THE RENOVATION AND RESTORATION OF WINDOWS, DOORS, RESTROOMS, EXTERIOR NORTH WALL, AND ARCHITECT & ENGINEERING FEES 25 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,100 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET ENVELOPES 26 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A MORRIS PERFORMING ARTS CENTER /PALAIS ROYALE BALLROOM BOX OFFICE AGENCY FUND ( #725) 27 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $9,150,000 FRO MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 28 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISIONS 1,3,4 AND 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCORPORATE THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S MODEL PRETREATMENT ORDINANCE 11. UNFINISHED BUSINESS A. BILL 15 -11 - REZONING - 4124 OLD CLEVELAND RD - REQUEST BY PETITIONER TO WITHDRAW THIS BILL 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NO'T'ICE 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. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING MAY 20, 2011 AS A DAY OF REMEMBRANCE AND DEDICATION TO ALL SOUTH BEND POLICE OFFICERS 40",in 2014, law enforcement officers who died in the line of duty spiked to 162, reflecting an increase of 40% from the previous calendar year, with 39 of the 50 states experiencing losses within their police departments; and 91Cmxi tragically, the average age of officers killed was 41; the average length of service on the department was 12 years; with such officers overall leaving behind a spouse and two children; and Hans Brandt Paul R. Deguch Fred E. Boland Charles E. Farkas, Sr. Oscar Christenson Thomas J. DeRue, Sr. Samuel Cooper Ronald St. Germain, Sr Lewis Keller Delbert Thompson Neil McIntyre Lloyd Thompson Nick S. Polizzot#o Howard Wagner Scott Lee Severns The Common Council rededicates itself to assisting the families and friends of each of our fallen officers in helping their families rebuild their lives & assisting their fellow officers serving on the South Bend Police Department today. K— 4, dy als W.— /Gv a d of-W., as follows: Section 1. On behalf of all of (lie citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and gratefully honors each of the fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting, the residents of the City of South Bend, Indiana. Section 11. The South Bend Common Council lionors each of our fifteen fallen police heroes who each have had their 10 -42 called out; all of the fallen law enforcement officers across the country, and all of their families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and performed their daily police duties. Section Ill. The Common Council hereby declares May 20 m- May 31 st, as Law Enforcement Memorial Week in South Bend, Indiana. The Common Council urges all citizens to remember those who have given their lives while serving as part of the "thin blue line" standing between the lawful and the lawless. The Council encourages everyone to honor our fallen heroes by attending the Memorial Service sponsored by the men and women of the Fraternal Order of Police Lodge # 36 on Friday, May 20, 2011 at 8 p.m. at the South Bend Police Station Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 1" District Oliver J. Davis, 6 "' District Henry Davis, .lr., 2 " District Al "Buddy' Kirsits, At Large Thomas La Fountain, 3W District Timothy A. Rouse, At Large Ann Puzzello, 4 "' District Dr, David A. Varner, 5" District John Voorde, City Clerk Karen L. White, At Large Kathleen Cekanski- Farrand, Council Attorney Stephen J. Luecke, Mayor of South Bend so10 Ta 8� lit r'�� /� �d o ty ®f South Ben �Y Common Council � R 1865 441 County -City Building e 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice- President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District .Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy" Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large April 19, 2011 Members of the Common Council Ott' Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Re: Resolution in Support of Community -Wide Public Access Broadcasting Dear Council Members: The attached resolution is proposed to help initiate cooperative support among public and private leaders in South Bend, Mishawaka, and St. Joseph County on developing community access television services for our residents. In December of 2007, Comcast closed their production studios and playback facilities for public access television. However, Comcast continues to pay franchise fees to cities, towns and counties which had franchise agreements in effect before the Indiana state law changed the franchising authority from them to the Indiana Utility Regulatory Commission (IURC). The "City of South Bend 2010 City and Town Annual Report" filed with the Office of the City Cleric on February 24, 2011, reported "Cable TV Receipts /Cable TV Franchise" received by the City of South Bend was $ 817,023 in 2010, which reflects the revenues paid by Comcast and AT & T to the city (copy attached). The Common Council and the Council's Information and Technology Committee have discussed this topic on numerous occasions. Cooperative efforts between other governmental units who receive franchise revenues, and other entities should be pursued. Currently, public access television programming is taking place in Bloomington, Connersville, Fort Wayne, Indianapolis, Michigan City, Muncie and Richmond. I have attached a brief synopsis of those ventures for you to review. I seek your support of the resolution, so that meaningful dialogue may begin prior to the governmental budgetary process. Thank you. Sincerely, David Varner, Chairperson Information and Technology Committee Attachments ad in 9 nil ., d . ,� • ,„ ., kiw _14 RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF COMMUNITY -WIDE PUBLIC, EDUCATIONAL AND GOVERNMENTAL {PEG BROADCASTING FOR SOUTH BEND MISHAWAKA AND ST. JOSEPH COUNTY in 2006, the Indiana state law changed the way in which cable television companies and new video service providers receive authority to do business in Indiana; and �t prior to 2006, Indiana cable companies negotiated franchise agreements with local governmental units [cities, towns counties]; however effective July 1, 2006, the state law shifted this franchising authority to the Indiana Utility Regulatory Commission (IURC); and (W)" the IURC enforces the Federal Communications Commission's (FCC's) cable service standards at the state level and the State of Indiana operates and maintains a website which provides information provided by the Indiana Office of Utility Consumer Counselor; and N" the Common Council recognizes that cable companies who were operating under local franchise agreements already in effect on July 1, 2006 with cities, towns and counties, are permitted to continue to operate under those agreements and pay franchise fees to each community until such agreements expire, with IURC approval being required thereafter; the Common Council further recognizes that the City of South Bend has a franchise agreement with Comcast which expires on December 31, 2013, and that pursuant to that agreement South Bend receives a sum equal to five percent (5 %) of the gross revenues with payments to the city being made semi - annually on April 151" and October 15`x'. The City of South Bend also receives franchise fees from AT & T which began in 2009, as 'a result of IURC approval. C*—', & Wry c�.,4 95ed, as Section follows; Section 1. The South Bend Common Council stands ready to help support community -wide public access television, especially since such services have been curtailed since Comcast notified South Bend, Mishawaka, Plymouth, Goshen, Hammond, Merillville and Portage that they would be closing production studios and playback facilities for public access television in December of 2007. Section 11. The South Bend Common Council supports public access television which would broadcast public, educational and governmental programming. The Council believes that this should be a project undertaken by South Bend, Mishawaka, and St. Joseph County with the cooperative support of the private sector for the bettennent of providing information and services. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor; with copies being sent thereafter to the administrative and legislative leaders in Mishawaka and St. Joseph County to help foster meaningful discussions. Derek D. Dieter, I" District Henry Davis, Jr,, 2"` District Thomas LaFountain, 3' District Ann Puzz ello > 4"3 Districrt Dr. David Varner, 5 t" !)WriTr_— Oliver J. Davis, 61" District Al "Buddy' Kirsits, At Large Timothy A. Rouse, At Large Karen L. White, At Large Kathleen Cekanski- Farrand, Council Attorney John Voorde, City Clerk Stephen J, Lueeke, Mayor of South Bend 101 GENERAL GENERAL FUND GENERAL PROPERTY TAXES $38,780,847.00 Total for. TAXES $38,780,847.00 LICENSES, OTHERIBUSINESS LICENSES $164,575.00 PERMITS, OTHERIENGINEERING PERMITS $23,510.00 - Total far: LICENSES AND PERMITS $188,085.00 f,� CHARGES FOR SERVICES, OTHER CULTURE AND REC /MORRIS PAC $635,177.00 FINANCIAL INSTITUTION TAX INTERGOVERNMENTAL /FINANCIAL $0.00 INSTITUTIONS CHARGES FOR SERVICES, OTHER CULTURE AND REC /PALAIS ROYALE Y AUTO AND AIRCRAFT EXCISE TAX INTERGOVERNMENTAL/AUTO EXCISE $2,559,736.00 COMMERCIAL VEHICLE EXCISE TAX lNTERGOVERNMENTALICOMMERCIAL $707,332.00 $48,026.00 VEHICLE TAX PROGRAM ati5 �2a6 FED. GRANTS - PUBLIC SAFETY /PUBLIC SAFETY $629,352.00 *0 STATE GRANTS- PUBLIC SAFETY /PUBLIC SAFETY $521,557.00 )1Q0 ABC EXCISE TAX DISTRIBUTION /LIQUOR EXCISE TAX DISTRIBUTION $69,524.00 }200 LIQUOR GALLONAGE TAX DISTRIBUTION $167,516.00 1300 CIGARETTE TAX DISTR- GENERAL FUND $86,074.00 260 RIVERBOAT REVENUE SHARING /GAMING PROCEEDS $674,547.00 11500 FED. GRANTS- GENERAL GOVERNMENTIENERGY CONSERVATION GRANT $654,372.00 Total for: INTERGOVERNMENTAL $6,070,010.00 CHARGES FOR SERVICES, OTHER CULTURE AND REC /MORRIS PAC $635,177.00 REVENUE CHARGES FOR SERVICES, OTHER CULTURE AND REC /PALAIS ROYALE $218,255.00 BALLROOM REVENUE CHARGES FOR SERVICES, OTHER GENERAL GOVT /CURB SIDEWALK $48,026.00 PROGRAM CHARGES FOR SERVICES, OTHER GENERAL GOVTIJUNK VEHICLE REVENUE $5,100.00 CHARGES FOR SERVICES, OTHER GENERAL GOVT/UNSAFE BUILDING $392,479.00 CHARGES ADJUSTMENTS CHARGES FOR SERVICES - OTHER /COPIES OF PUBLIC RECORDS; COURT $168,429.00 COSTS 380000, IN LIEU OF TAXES - MUNICIPAL UTILITIES /PAYMENT IN LIEU OF TAXES $3,513,495.00 U02000 EMERGENCY MEDICAL SERVICE FEES /NEO NATAL EXPENSES $427,495.00 3402200 EMERGENCY MEDICAL SERVICE FEES /UNIVERSITY OF NOTRE DAME EMS $78,041.00 3420300 TRAFFIC SIGNAL MAINTENANCE $0.00 3420900 EMERGENCY MEDICAL SERVICE FEES $0.00 3421100 EMERGENCY MEDICAL SERVICE FEES /EMS - COUNTY $1,915,738.00 3443000 CHARGES FOR SERVICES, OTHER GENERAL GOVTIENVIRONMENTAL $107,354.00 3640000 ,CLEANUP :ABLE TV RECEIPTS /CABLE TV FRANCHISE $817,023.0 3801013 . ,__,...�__. I CHARGES FOR SERVICES, OTHER GENERAL GOVTITELEPHONE $142,195.00 1801018 CHARGES CHARGES FOR SERVICES, OTHER HWY AND STREETS /SALE OF SIGNS $6,518.00 X801096 CHARGES FOR SERVICES, OTHER GENERAL GOVT /POLICE CAR REPAIR $81,198.00 1801097 REIMBURSEMENT CHARGES FOR SERVICES- OTHER /POLICE SALARY /OVERTIME $296,896100 1920400 CHARGES FOR SERVICES, OTHER GENERAL GOVTIADMINISTRATIVE COST $1,335,091.00 ALLOCATION Total for: CHARGES FOR SERVICES $10,188,510.00 Lq*IA Vanch, Hamer & Associates, Inc. MICHAEL J. DANCH, L.A. PON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4th Floor County -City Building Land Surveyors . Professional Engineers Landscape Architects a Land Planners May 2, 2011 South Bend, Indiana 46601 RE: Vacation Petition for the vacation of alleys described as: The first cast -west alley south of Cedar Street between Hill Street and St. Louis Blvd. (Approx. 344 FT.) and the first north -south alley east of Hill Street between Cedar Street and Madison Street (Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend, Indiana, and the Rezoning Petition for the 600 Block of Notre Dane Ave. South Bend, IN: Dear Council Members: On behalf of our clients, Saint Joseph's Regional Medical Center - South Bend Campus, Inc., are requesting the approval of the Vacation for the first east -west alley south of Cedar street Between Hill Street and St. Louis Blvd. (Approx. 344 FT.) and the first north -south alley east of Hill Street between Cedar Street and Madison Street (Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend, Indiana and the Rezoning request for the 600 Block of Notre Dame Ave., South Bend, Indiana ( APC # 2586 -11) all be tabled until the May 23 `� Council meeting. The reason for this request is to allow for the Vacation Petition, the Rezoning Petition and the Special Exception request for the proposed construction of St. Joseph High School to be heard at the same Council meeting. These Petitions are all part of the same project. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. �qinewrely_ President Danch, Harner & Associates File #1 10113 1643 Commerce Drive in South Bend, IN 46628 208 West Mars im Berrien Springs, Ml 49903 ofce 5741234.4003 im 800/594 -4003 0 Fax 5741234 -4119 office 269/471 -3010 as Fax 2691471 -7237 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 700 WEST IRELAND ROAD, SOUTH BEND, IN 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 snakes 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: 700 West. Ireland Road, South Bend, Indiana 46614 in order to permit the incidental sale of firearms as a part of Wal -Mart Supercenter retail store. 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. Member of the Common Council wbs'on�itE �.4k 1.�.',Ie• .r .. _'4...�¢ ]792047vl MAR 14 her. ArIKOWb t+° Plan of Operation Proposed Sale of Firearms Wal -Mart Stores East, LP, 700 West Ireland Road, South Bend Introduction Wal -Mart Stores East, LP ( "Wal- Mart") operates a Wal -Mart Supercenter on approximately 23 acres located at what is commonly addressed as 700 West Ireland Road, South Bend (the "Store "). The Store contains over 200,000 square feet of gross floor area, and sells a variety of hard and soft goods. One category of goods currently sold at the Store is sporting goods. Within this category, Wal -Mart sells a variety of goods related to camping, hunting and fishing. Wal -Mart desires to add an assortment of rifles and shotguns to this category of sporting goods available for sale at the Store. Wal -Mart is or will be selling similar goods in a number of stores in Indiana, as shown on Exhibit "A ". The South Bend Zoning Ordinance requires that a special exception be obtained in order for a retail store to sell firearms. After discussing the proposal with two City Councilors, Wal -Mart has put together this "plan of operation ", which shall be considered as a portion of its Special Exception Petition, in order to provide transparency as to its intentions and certainty in its operation with respect to the sale of firearms. Assortment/Location Wal -Mart shall limit sales of firearms to rifles and shotguns intended solely for hunting and target shooting. There shall be no sales of handguns or tactical guns at the Store. All firearms and ammunition shall be sold in the sporting goods department, and shall be kept in locked/secure display cases, with the exception of some shotgun shells that are typically used for clay target shooting. The initial location of such items is shown on the "plan o gram" attached hereto as Exhibit `B ". Operations Wal -Mart has several policies to insure the safe sale of firearms. First, all persons desiring to purchase a firearm are subject to a background check, unless a specific state statute allows for an exemption for those individuals who carry a valid local concealed weapon permit, an "official duty" .purchase or if an individual carries a valid federal firearm license. Only when the background check agency provides a "proceed" response may the sale take place. All sales will take place at the sporting goods counter (See Exhibit "B "), and a member of store management must escort the customer from the Store to the customer's vehicle. Conclusion Wal -Mart desires and intends to sell firearms and ammunition responsibly, in order to maintain a high degree of public safety. Because the City of South Bend, through its Zoning Ordinance, requires a special exception for such sales, it too places a premium on public safety. By submitting this Plan of Operation, Wal -Mart is providing assurances to both the Board of Zoning Appeals and the City Council that the requirements for granting a Special Exception will be met. 1840123vi 2 to m m 0 ... ) CV -n ... 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PETITIONER: Wal -Mart Stores East LP, a Delaware limited partnership 2001 SE l0a' Street Bentonville, Arkansas 72716 Attention: Amber Lee Williams i C. I" E. (479) 204 -2649 PROPERTY OWNER: Wal -Mart Real Estate Business Trust 2001 SE 10' Street Bentonville, Arkansas 72716 PROPERTY ADDRESS: 700 West Ireland Road South Bend, Indiana 46614 STATEMENT OF SPECIAL EXCEPTION REQUEST The Petitioner currently operates a Wal -Mart Supercenter at the property address described above, selling a variety of goods and services, including sporting goods. The store contains over 200,000 square feet of gross area. The Petitioner is "re- introducing" the sale of firearms within its larger selection of sporting goods, and pursuant to Section 21- 03.05(a)(2)(G) of the South Bend Zoning Ordinance, the sale of firearms fails under the classification of a "gun shop ", thus requiring a Special Exception. STANDARDS FOR GRANTING A SPECIAL EXCEPTION The South Bend Zoning Ordinance provides that a Special Exception must meet four findings of fact. In addition to evidence that will be presented at the public hearing, the Petitioner proposes the following findings: (i) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare..... because the proposed sale of firearms will be incidental and located within an eykting retail store, sold as a part. of a large assortment of sporting goods, and will be adequately secured at the point of sale. Thus, there will be no perceptible increase in traffic or risk that the sale of firearms will be an attractive nuisance. (ii) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein..... because the adjacent properties are commercially or industrially zoned and a variety of goods and services are provided inside the store today, such that there will be no difference in the F. G. f 1790262vt day to day activities in the store, which, in turn, will not adversely affect the adjacent areas or associated property values. The proposed use will be consistent with character of the district in which it is located and the land uses authorized therein.... because the firearm sales will be incidental to the existing operation of the store and will be part of a large assortment of goods permitted to be sold within the store or the district, including sporting goods, which is a permitted use. (iv) The proposed use is compatible with the recommendations of the South Bend Comprehensive Plan.....because the firearm sales will be incidental and as part of a large assortment of goods sold within the store, all of which is consistent with the Comprehensive Plan designation as "Commercial". ATTORNEY FOR PETITIONER: Joseph D. Calderon Bose McKinney & Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684 -5331 j calderon(&,,boselaw. com ZONING CLASSIFICATION OF PROPERTY: CB- Community Business District TOWNSHIP: Centre Respectfully Submitted, in At oll pheylf6r Petitioner Wal -Mart Stores East, LP Plan of Operation Proposed Sale of Firearms Wal -Mart Stores East, LP, 700 West Ireland Road, South Bend Introduction Wal -Mart Stores East, LP ( "Wal- Mart") operates a Wal -Mart Supercenter on approximately 23 acres located at what is commonly addressed as 700 West Ireland Road, South Bend (the "Store "). The Store contains over 200,000 square feet of gross floor area, and sells a variety of hard and soft goods. One category of goods currently sold at the Store is sporting goods. Within this category, Wal -Mart sells a variety of goods related to camping, hunting and fishing. Wal -Mart desires to add an assortment of rifles and shotguns to this category of sporting goods available for sale at the Store. Wal -Mart is or will be selling similar goods in a number of stores in Indiana, as shown on Exhibit "A ". The South Bend Zoning Ordinance requires that a special exception be obtained in order for a retail store to sell firearms. After discussing the proposal with two City Councilors, Wal -Mart has put together this "plan of operation ", which shall be considered as a portion of its Special Exception Petition, in order to provide transparency as to its intentions and certainty in its operation with respect to the sale of firearms. Assortment/Location Wal -Mart shall limit sales of firearms to rifles and shotguns intended solely for hunting and target shooting. There shall be no sales of handguns or tactical guns at the Store. All firearms and ammunition shall be sold in the sporting goods department, and shall be kept in locked /secure display cases, with the exception of some shotgun shells that are typically used for clay target shooting. The initial location of such items is shown on the "plan o gram" attached hereto as Exhibit "B ". Operations Wal -Mart has several policies to insure the safe sale of firearms. First, all persons rl L- 414"rr to n„rrhaca a frearm arc silhiect to a background check, unless a specific state uvuaa .aim ., t..... ........... J � � . statute allows for an exemption for those individuals who carry a valid local concealed weapon permit, an "official duty" purchase or if an individual carries a valid federal firearm license. Only when the background check agency provides a "proceed" response may the sale take place. _ All sales will take place at the sporting goods counter (See Exhibit "B "), and a member of store management must escort the customer from the Store to the customer's vehicle. v m m A A N AW 0) 0) N W w O O A (..a O -4 W N ..r -4 W W _-+ .. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Wal -Mart Stores East, LP ABZA 4/6/11 Dear Council Members: The above referenced petition of Wal-Mart Stores East, LP was legally advertised on March 24, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, at which time the following action was taken: Upon a motion by Mr. Velleman being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow for a gun shop and for the sale of firearms, on property located at 700 W. Ireland 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, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah WAL. -MART STORES EAST, LP SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1 _ THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE 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 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 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 USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND C0MPREHENS1VE FLAN 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 the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL, 201 1. YES NO MICHAEL URBANSKI ABSENT RANDALL MATTHYS JACK YOUNG GERALD PHIPPS 0 ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 --a, - �� -_-) _ \11 - L April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Jeffrey Warren/Carnpeau Properties ABZA 4 /6 /11 Dear Council Members: The above referenced petition of Jeffrey Warren/Campeau Properties was legally advertised on March 20, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, at which time the following action was taken: Upon a motion by Mr, Phipps being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a two family dwelling in a "SF1" District, on property located at 1201 Campeau Street, is sent to the Common Council with an Unfavorable 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, 14�ZX4�1/ Charles C. Bulot, C.B.O. Building Commissioner CCB /cah WARREN /CAMPEAU PROPERTIES SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FA T 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL. STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, Tire 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 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 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 USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSI'i'EPl 4N 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 the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with an: UNFAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL, 241 1. YES NO Q MICHAEL UR13ANSKI ASSENT RANDALL, MATTHYS Q .PACK YOUNG Q GERALD PHIPPS CI X„ ROBERT HAWLEY Q JOE VELLEMAN Q BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1201 Campeau 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 South Bend 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 L The Common Council has provided notice of the hearing on the Petition from the 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: 1201 Campeau in order to permit A Two Family Dwelling in a "SF2" district SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend 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: L 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 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. Kj� sk114t-o * k ")GP1 E Member of the Common Council i j MY CL =... Jeffrey Warren Campeau Properties LLC. 2310 Foxdale Trail Long Beach, IN. 46360 (219) 861 -7103 March 13, 2011 RE: SPECIAL EXCEPTION PETITION FOR 1201 CAMPEAU, SOUTH BEND 46617 Dear Sirs, We are seeking a Special Exception to allow a two family in a "SF2" District for the property noted below: 1201 Campeau Street South Bend, IN. 46617 This property is located in Portage Township. Thank you for your consideration. Jeffrey Warren/Campeau Properties LLC. 2310 Foxdale Trail Long Beach, IN. 46360 (219) 861 -7103 March 13, 2011 RE: SPECIAL EXCEPTION PETITION FOR 1201 CAMPEAU, SOUTH BEND 46617 Dear Sirs, We are seeking a Special Exception to allow a two family in a "SF2" District for the property noted below: 1201 Campeau Street South Bend, IN. 46617 This property is located in Portage Township. The existing structure at present is boarded up with the front porch falling apart and covered with trash. The structure is also unsafe and not suitable for rehabbing. We believe that by removing the structure as we are requesting we are removing an eyesore and making things safer for the neighborhood, especially for the children playing across the street in Coquillard Park and Perly School. We believe that by investing in a new structure in it's place we are adding to the value in the neighborhood and showing that we believe in the future of this neigh'oorhood. The structure will be designed following the Northeast Neighborhood Design Guidelines so it will fit nicely into it's existing surroundings and compliment any new construction proposed in the future. By building a duplex /single family we are adding to the various land uses which are recommended by both the City of South Bend Comprehensive Plan and the Northeast Neighborhood. Thank you for your consideration. Sincerely, Jeff Warren as 3 O r • wommomw .Am.® .•mod Q >r r0 �a r4iI fp Q-,Ql W � � -- 44 s • ,y c i� �rrres s . r ♦ r s a r • d II I uj I I r4iI fp Q-,Ql W � � -- 44 s • ,y c i� �rrres s . r ♦ r s a r • d II 018 -5087- FIVE 3093 CORNERS LL& 814 Marietta St South Bend IN 46601 018 -5087- SPAULDING 1140 E Corby 3094 EMILY M Blvd South Bend IN 46617 018 -5087- BAKOS 3095 RICHARD C 25833 St Rd 2 South Bend IN 46619 1018 -5087- ROSS MELBA IA 3096 1148 Ecorb St South Bend IN 46617 018 -5094- FIVE 3.328 CORNERS LLC 1814 Marietta St iSouth Bend IN 46601 018 -5094- SOUTH BEND HOUSING 3329 AUTHORITY 501 S Scott St South Bend IN 46613 KUHARIC 018 -5092- PAUL F & JILL 1201 E Corby 3259 1 E I St South Bend IN 46617 CITY OF SOUTH BEND COMMUNITY & ECONOMIC 018 -5092- 3245 IT DEVELOPMEN DEPT lCity 1200 County Bldg South Bend IN L 46601 1018 -5092- 3246 IGILBERT WILLIAMS Ist 1929 N Elmer South Bend IIN 46628 11% M a 13107 STEVEN J 1141 018 -5087_ JJMJ FUTURES 3108 LLC 11145 PARCLID NAME_? MAfLiNGADD MAILINGCIT MAILINGSTA MAILINGZIP HOUSING 018 -5087- FIVE 018.5087- AUTHORITY tta South Bend IN 1103 SB 501 S Scott South Bend IN 46613 1 FIVE IIN 3091 CORNERS LLjSt 018 -5087- 3104 THOTTICHIRA JOSE 50747 Regency Park Dr Granger IN 46530 018 -5087- 3105 SCOTT GWEN 1135 Campeau St South Bend IIN 46617 018 -5087- alas AROUND THE CAMPUS LLC 319 Lamonte Terrace ISouth Bend IN 46616 018 -5087- IBATTIN au (South Bend IIN u (South Bend IIN 46617 4661 Z__� 1/� 018 -5087- 13121 SOUTH BEND COMMUNITY SCHOOL CORD 215 SOUTH ST JOSEPH ST South Bend IIN d 018 -5087- FIVE .3080 CORNERS LLL814Marletta tta South Bend IN 018 -5487- FIVE IIN 3091 CORNERS LLjSt So uth Bend 46601 / IN 018-5087 - IFIVE 3092 CORNERS LLC 1814 Manetta St South Bend 46601 ,,,- 018 -5092- SMITH 1209 Campeau 46617 3247 DAYATRA R St South Bend IN 46617 46628 018 -5092- 3248 FOUR GRADS lLLC PO Box 14152 Chicago IL 60614 CAMPEAU 018 -5092- PROPERTIES 2310 Fox Dale 3249 LLC Trail Michioan City IN 46360 018 -5092_ 3250 HAIRSTON 1221 Campeau ROSIE B St lSouth Bend IN 46617 018 -5092- 55710 Eberly 3251 BEEMER PAM Place Elkhart IN 46516 018 -5092- ILITTLE 11229 Campeau 3252 RONALD St South Bend JIN KUHARIC PAUL & 018 -5092- KIMMELL ANN 3264 MARIE 1526 E LaSalle South Bend IN 018 -5092- 23454 3269 MOLNAR JEFF ARDMORE TR South Bend IN 018 -5092- 23454 Ardmore 3271 MOLNAR JEFF Trail South Bend IN SOUTH BEND COMMUNITY 01s -5087- SCHOOL 215 SOUTH ST 3122 CORP JOSEPH ST South Bend IN 018 -5092- 3233 PRICE NOLA 1202 Corby South Bend IN r 46617 46617 e� 46628 46628 46601 46617 I✓ HOUSING ` t'IVID l uv iunicago IL 018 -5092- AUTHORITY KENDALL 3235 OF SO BEND 501 S Scott St South Bend IN 46613 018 -5092- WEST 1220 E Corby 018 -5092- 3236 GARNELL Blvd South Bend IN 46617 018 -5092 TURNER I✓ Ln V Gr[IVC rt t'IVID l uv iunicago IL 60655 KENDALL WILLIE JR. 018 -5092- AND GRACIE 1228 E Corby 3236 L. Blvd South Bend IN 46617 016- 5092 -' JAMES JUDITH 3240 ANN 1236 E Corby Bi South Bend IN 46617 KIMMELL ANN MARIE & 018 -5092- KUHARIC 3267 PAUL TIC 1526 E Lasalle South Bend IN 46617 KUHARIC PAUL & 018 -5092- KIMMELL ANN 3260 MARIE 1526 E LaSalle South Bend IN 46617 KUHARIC PAUL & JILL E 52762 018 -5092- 13263 IKUHARIC Brookdale Dr ISouthBend IN 46637 I✓ AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 &�llh i1 30 April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bead, Indiana 46601 RE: Petition for Special Exception ABZA 4/6/11 Dear Council Members: The above referenced petition of Cosimo Bumbaca was legally advertised on March 25, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, at which time the following action was taken: Upon a motion by Mr. Hawley being seconded by Mr. Young and unanimously carried, the petition for Special Exception for a two family dwelling in a "SF2" District, on property located at 1019 & 1023 Talbot Street is sent to the Common Council with an Unfavorable 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, f �G /CS 4 Charles C. Bulot, C.B.O. Building Commissioner CCB /cah BUMBACA SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT l . THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE 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 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 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 USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND 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 the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with an: 1UNFAVORA13LE RECOMMENDATION ADOPTED this 5th Day of APRIL, 201 1. YES NO 1 MICHAEL URBANSKI ABSENT RANDALL MATTHYS JACK YOUNG 0 GERALD PHIPPS 0 ROBERT HAWLEY 0 JOE VELLEMAN M BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPELAS FOR THE PROPERTY LOCATED AT 1019 Talbot Avenue and 1023 Talbot Avenue South Bend IN 46617 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 recommendations 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 South Bend 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 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: 1019 Talbot Avenue and 1023 Talbot Avenue South Bend IN 46617 In order to permit a special exception to a allow a two family dwelling in a SF2 District SECTION ll. Following a representation by the Petitioner, and.after proper public hearing, the Common Council hereby approves the petition of the South Bend 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; and 4. The proposed use is compatible with the recommendations of the City of South Send Comprehensive Plan. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the 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. Member of the Common Council 'NQI APPROVE) r in w.. OIrf CLENK; PETITON FOR SPECIAL EXCEPTION Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574 - 261 -4695, individually and as manger of Maria B LLC, also of 11788 Bluebell Circle, Granger, IN 46530, petitions the Area Board of Zoning Appeals for a special exception to allow a two family dwelling in a SF2 District in Portage Township as he consolidates the following two properties owned in his name and the name of the limited liability company named above: 1019 Talbot Avenue 1023 Talbot Avenue South Bend IN 46617 South Bend IN 46617 each of which contains a separate dwelling but which dwellings will be joined as a result of this consolidation as shown on the site plan. Cosimo Bumbaca Date Frank J. Agostino,s r �. Attorney for Petitioner 120 W. LaSalle Avenue, Suit e704 P.O. Box 1635 South Bend, IN 46634 574 -288 -3750 574 - 245 -5972 (FAX) Frank_Agostino @msn.com PETITON FOR SPECIAL EXCEPTION Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574 - 261 -4695, individually and as manger of Maria B LLC, also of 11788 Bluebell Circle, Granger, IN 46530, petitions the Area Board of Zoning Appeals for a special exception to allow a two family dwelling in a SF2 District in Portage Township as he consolidates the following two properties owned in his name and the name of the limited liability company named above: 1019 Talbot Avenue 1023 Talbot Avenue South Bend IN 46617 South Bend IN 46617 each of which contains a separate dwelling but which dwellings will be joined as a result of this consolidation as shown on the site plan. Petitioner affirms and states 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; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Cosimo Bumbaca Frank J. Agostino, Esq. Attorney for Petitioner 120 W. LaSalle Avenue, Suit e704 P.O. Box 1635 South Bend, IN 46634 574 -288 -3750 574 - 245 -5972 (FAX) Frank_Agostino @msn.com Date 018 -so95- 3346 G & M PROPERTIES 11797 Old Oak Drive Granger IN 46530 018 -5095- 50500 Arrowwood 3355 PIENKOWSKI JAMES Court South Bend IN 46628 018 -5095- 3364 BUMBACA COSIMO 11788 Bluebell Cir Granger IN 46530 018 -5095- 3335 ECKER KENNETH & CAROL 50871 Ironwood Granger IN 46530 018 -5095- 3376 BUMBACA COSIMO 11788 Bluebell Circle Granger IN 46530 018 -5095- INNOVATION DEVELOPMENT Mount 3354 LLC 201 N Yates Ln Prospect IL 60056 018 -5095- HOUSING AUTHORITY OF CITY 3353 OF S. B. 501 S Scott St South Bend IN 46613 018 -5095- 3337 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 018 -5095- 3362 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018 -5095- OWSLEY ALFONSO R. AND 3360 CATHERINE G.MISC 1039 Talbot St South Bend IN 46617 018 -5096- 3372 STALLING SAM & CHERYL 1028 Talbot Ave South Bend IN 46617 018 -5095- 3345 J CORP INC 1228 South Bend Ave South Bend IN 46617 018.5095- 3347 HILL BERTHA M. 1236 South Bend Av South Bend IN 46617 018 -5102- CITY OF SOUTH BEND -DEPT OF 359301 PUBLIC PARKS 1400 County City Bldg South Bend IN 46601 3285 018 -5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 a1 3288 NAVARRO NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 018 -5093 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 018 -5095- 3344 J CORP INC 1224 South Bend Ave South Bend IN 46617 018 -5095- 3357 1008 DUEY LAND TRUST 115 S Lafayette South Bend IN 46601 018 -5095- 3336 FIVE CORNERS LLC 814 Mar iada South Bend IN 46601 07 8 -5095- 3363 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018 -5095- 3371 STALLING SAM & CHERYL 1028 Talbot Av South Bend IN 46617 018 -5095- 3343 GRADY BARRY S. AND MABLE 3435 CREEKVIEW DR South Bend IN 46635 018 -5095- DOUBLE DOMER PROPERTIES 3367 LLC 812 W 15th Place Chicago IL 60608 018 -5095- 3379 KELLEY JOHN H AND MARY E 1004 St South Bend IN 46617 018 -5095- 3366 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend IN 46617 418 -5095- 3374 HUNT GERALD P 10330 Brummit Rd Granger IN 46530 018 -5095- 3369 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 018 -5095- 3373 THAUMATURGUS INC %The Omega Group South Bend IN 46614 018 -5095- 3380 WARREN SYLVIA M 1323 Howard St South Bend IN 46617 018 -5102- 3590 HUIZAR LINO & MARICRUZ 1333 Howard St South Bend IN 46617 018 -5095- 3378 COVINGTON PRINCE & LETA 5124 W Colfax Av South Bend IN 46619 018 -5095- 2512 Lincolnway West 3356 SMART GUYS LLC Ste 1 Mishawaka IN 46544 3284 ROZ ROZ LLC 309 S Logan St South Bend IN 46615 018 -5093- 3286 WRIGHT JACQUELYN 1310 E Howard St South Bend IN 46615 018 -5092- LIGHT OF THE WORLD 3272 SPIRITUAL CHURCH 1224 E Howard St South Bend IN 46617 018-5092 - 3275 5 CORNERS,LLC 814 MARIETTA ST South Bend IN 46601 018 -5092- 327801 CHISM BETTY P O Box 6631 South Bend IN 46660 018 -5092- 3279 NABAA JULIA B 1246 Howard St South Bend IN 46617 018 -5092- 3281 ROZ LLC 309 Logan South Bend IN 46615 018 -5095- 7855 Gi :a5 Point Rd 3358 RAYBEE SOUTH BEND LLC -1 Unit F Skokie IL 60077 MAHO VENTURES LLC UND 99% TNT & RONALD KYLE BOCINSKY UND 1% INT TIC 018 -5095- BETWEEN THE RESPECTIVE 3368 UND INT 701 Plantation Cove Woodstock GA 30188 048 -5095- 338002 WARREN SYLVIA M 1323 Howard St South Bend IN 46617 048 -5095- 3359 WHEELER FRANCINE 1247 Howard St South Bend IN 46617 MC DANIEL .TAMES, MARTIN BRUCE MCDANIEL, THOMAS 018 -5095- MCDANIEL & RICHARD 3344 MCDANIEL ALL UND 114 INT 1227 E Howard St South Bend IN 46617 018 -5095- 3365 HILL AT_FONZO AND LILLIE J 1015 Talbot Av South Bend IN 46617 018 -5095- REESE ETHEL MAE & HILL IDORIS IIN 3377 R 1008 TALBOT South Bend 46617 PARCELID NAME 1 MAILINGADD MAILINGCIT MAILING MAILING 018 -5095- MATTHEWS JAMES R & MARIA 3369 E 1011 Cardinal Dr Zion IL 60099 018 -5095- 3351 FIVE CORNERS, LLC 814 Marietta South Bend IN 46601 NORTHEAST NEIGHBORHOOD 018 -5097- REVITALIZATION 3448 ORGANIZATION INC 803 Lincolnway West South Bend IN 46616 NORTHEAST NEIGHBORHOOD 018 -5097- REVITALIZATION 3449 ORGANIZATION INC 803 Lincolnway West South Bend IN 46616 018 -5095- FEDERAL NATIONAL 14221 Dallas Pkwy ste 3370 MORTGAGE ASSOCIATION 1000 Dallas TX 75254 018-5095 - 3348 OWENS DELL 1215 South Bend Ave South Bend IN 46617 SCOTT JOSEPHINE & LIGON 018 -5102- ERNESTINE W /JOSEPHINE RES 3582 LIFE EST 1306 South Bend Av South Bend IN 46617 018 -5095- 3349 HOMEWORKS HOLDINGS LLC 2913 Mishawaka Ave Mishawaka IN 46545 ROWELL ALEXANDER & 018 5095 DARRELL & CHESTER ALL 3350 BROTHERS 1248 South Bend AVE South Bend IN 46617 018 -5095- 3352 BLUE & GOLD HOMES LLC PO BOX 6462 South Bend IN 46660 018 -5102- 1302 South Bend 3581 ALBERGO PATRICK F Avenue South Bend IN 46617 018 -5095- 3342 FIVE CORNERS LLC 814 Marietta St ISoLith Bend IN 46601 I 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SEVEN (7) YEAR REAL, PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED WHEREAS, a petition for real property tax abatement 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 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning approximately 889.84 feet south and 40 feet cast of NW'/ SE 1/ and known as Gibbs Wire and Steel Company, Inc. minor sub section 33 -38 -2E cont appx AC and which has Key Number 018 -2184- 693803, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development 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 seq., 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 and Economic Development 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et set,., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the 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 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to seven (7) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6-1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Co on Council Filed In Clerk's, j CITY CLERK, 1200 CouNTY -CITY Bmowc, 227 W JEFFERSON BouLEVARCJ SOUTH BEND, INDLANA 46601 -1830 PHONE 5741235 -9371 FAx 574/235 -9021 TDD 5741235 -5567 CITY OF SOUTH MEND STEPHEN J. LuECKE, MAYOR COMMuNrTY cONOMIC E�IELOPMENT JEFFREY V. GIBNE'Y April 18, 2011 EXrCUTLE DIRECTOR Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, 1N 46601 RE: Commercial Real Property Tax Abatement Petition for: HOOSIER TANK AND MANUFACTURING, INCORPORATED Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above- referenced Petitioner for the construction of an addition to their existing building and the purchase of equipment to set up a new production line all to be located at 1710 North Sheridan Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Hoosier Tank and Manufacturing, proposes to construct a 70 X 290 foot addition to their existing building and install equipment for a new production line. The cost of the addition is estimated at $760,000. The Petitioner is seeking a seven -year real property tax abatement for the addition. A representative of the Petitioner will be available to meet with the Committee on Monday, May 9, 2011. 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 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Dan inks CommuNrry DEVELOPMENT ECONOMic DEVELOPMENT FLNANCLIL & PROGRAM PAMELA C. MEYER DONhW E. INKS MANAGEMENT 5741235 -9660 574/235 -9371 ELIzAaETR LEONARD FAX: 574!235 -9697 5741235 -9371 1200 Cowry -Carr BuimNG 227 W. JUFFRSON BOULEVARD SoL,7H BFND, INDIANA 46601 -1830 PIIoNE 5741 235-9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY of So= BEND STEPHEN J. LuECKE, MAYOR COMMUNITY & ECONOmic DEVELOPMENT JEFFREY V GIBNEY ExFCUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: HOOSIER TANK AND MANUFACTURING, INCORPORATED DATE: April 18, 2011 On April 18, 2011, a petition for real property tax abatement consideration for property located at 1710 North Sheridan Street was filed with the City Clerk by Hoosier Tank and Manufacturing, Incorporated. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to 1,C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Hoosier Tank and Manufacturing, Inc. is a manufacturer of air pressure reservoirs for OEM truck and trailer manufactures domestically and internationally. They perform metal forming, welding and painting operations required for the manufacture of air pressure reservoirs. The Petitioner is proposing to: (a) construct a 70 X 290 foot addition (total additional area is 20,300 sq. ft.) to their existing building; and (b) install equipment for a new production line. The addition will provide new shipping docks with a turnaround access for. six semitrailers, new warehouse space and a shipping area to accommodate their customers' shipping needs. The addition will free up manufacturing floor space and allow the company to add machinery for a complete third production line which will increase their production capacity by 25 percent. The Petitioner is requesting a seven -year abatement for the improvements it intends to make to the building. The cost of the construction portion of the project is estimated at $ 760,000. COMMUNITY DEVELOPMENT ECONoMic DEVELOPMENT FINANCIAL & PROGRAM PA14BLA C. IVI£YER DONALD F. INKS MANAGEMEW 574/235 -9660 5741235 -9371 ELizoam LEONARD FAx: 5741235 -9697 5741235 -9371 South Bend Common Council RE: Tax Abatement for Hoosier Tank and Manufacturing, Inc. April 18, 2011 Page 2 The equipment for the production line includes a dust collector, air make up vent, new diameter tooling, leveler for shear, laser cutter, roller, leak detection system, progressive strap bracket die, forklift, washer, assembler, and an automated powder spray paint system. A personal property tax abatement application is being submitted as part of the total project. The project's total cost is estimated at up to $1,935,000. The project will move the company's truck dock to a better location that will eliminate, a major traffic obstruction due to trucks using the street for turning and backing up to the current dock for deliveries. This is something the City has been working with Hoosier Tank to alleviate for approximately two years. Total taxes to be abated during the seven -year abatement period are estimated at $31,422. Total additional taxes to be aLid as a result of the project during the seven -year abatement period are estimated at $127,079. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create fifteen (15) new, permanent full -time positions with an annual payroll $600,000. The project will also maintain seventy -two (72) existing permanent full -time positions, including 22 existing permanent full -time minority employees, with a total annual payroll of $3,000,000. ABATEMENT QIUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been associated with or granted the following previous abatements: Term /Type 5 year personal property 5 year personal property 10 year real property 5 year personal property 5 year personal property Resolution No. Date 2013 -93 2/22/1993 3213 -03 7128/2003 3234 -03 8/25/2003 3843 -05 (Reconfirm & Inc.) 6/27/2005 4008 -10 1/11/2010 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. South Bend Common Council RE. Tax Abatement for Hoosier Tank and Manufacturing, Inc. April 18, 2011 Page 3 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax deduction must first be approved by the South Bend Redevelopment Commission, 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does meet the qualifications for a seven -year (7) real property tax abatement under Section 2 -82, Industrial Development, City -wide General Standards. a ^Dona n r Q 0 4 N } v v rn a Ol o 'aa � N N O M GO rn (O r a cod C2O N ti V N W r ^ V, co � O� a � I- N r a V v M N D O N N W 0 N N Cl! 10 M [7 V CD 0? M O. �, U �r [O CpN N cc R7 € ,C k ro a�Iili 1cury7i o r v' Lr L 3 N tD L!'T CS r d o na a raaoa a nor C7 m co ° o °n cc N °o CD ca ' rs 19 V�aar�t 4, cNt, N (0 ON cfi C c y w r r N o •(I� Rt t E N O a N 0'�RO n t+? <D co O d U N ED 00 V 00 Q) co C X O n a MLp tG Q ~ N N M�f�G V "0 N m CIO Q N "0 O M «7 O Ln ID (3) n O tP Mtn rm a rn n C° v Ln".`Ooc.no 0 t - L i m rnrorncq'tM Q U] r M N N m x w 0 m n N C t7 Z m 00 00 cc N N N N N N sD � 1p M '� cZS F- N to cO tD cn c[i [n rfi N W co d N ^ �N cp Z' p x v, V VM v v V t �tO �D fO CO Otp 00 LO 0~ N N N NNN N (0 ls7 M �x OCO ff)OO c6 ci7 y N ttE�q Iq (9 � tq ttq t(tcco�y W ~ V ''I dm' V v V' m � x � 0 m � X w, coo L � h U rn m 4? N � � m C w @ r N Cc C m O C i o N ++ E � y N m -0 f/1 M a w c m O m {n U O � E- m C T 4 o a E m C E m m � .m _ bm m y u1 __ CD � 3 �u as Zap °� 00 a� o o 1n mom oio Y 2 E N ) N N !- U LU f6 v N N p m m :te C4 7� b p tS m Y m u j m U 2 W N y »� x m� m N m O Q d W I Z C d w Z E U U Q M E >^ U m � m m m IOU w w O vii P Uin-i ¢ C73 U �x OCO ff)OO c6 ci7 y N ttE�q Iq (9 � tq ttq t(tcco�y W ~ V ''I dm' V v V' m � x � 0 m � X w, coo L � h U rn m 4? N � � m C w @ r N Cc C m O C i o N ++ E � y N m -0 f/1 M a w c m O m {n U O � E- m C T 4 o a E m C E m m � .m _ bm m y u1 __ CD � 3 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 18- Apr -11 Patterson LogiticS Services, Inc. Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs Y 49 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physicai Element of a Plan Y 36 36 Sub -total Project Related: 85 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y fib 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub -total Super Size Projects: 93 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materiais from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D. Require Target Wage Levels Y 22 22 E. Require Health Benefits Y 22 22 I=, Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub -total Construction Related: 141 141 4. Wage & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub -total Wage & Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 83 152 6. Pay-for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 526 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 1710 N. Sheridan St. m South Bend, IN 46628 ® (574) 232 -8368 � (574) 233 -7189 (FAX) Mr. Robert Mathia Assistant Director Economic Development City of South Bend 227 West Jefferson, 12'h floor South Bend, IN 46601 Dear Bob, Please find the enclosed petitions for both real and personal property abatement for our proposed addition and new machinery. We are very excited about this new project and took forward to working with you, Let me know if you have any questions. Sincerely, Sue A Kinnucan Controller 0 �i "`� "'� STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 61767 (R211 -07) � � Prescribed by the Department of Local Government Finance �ma This statement Is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) 20 PAY 20_ FORM SB -1 1 Real Property INSTRUCTIONS; 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area, Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1967, require a STATEMENT OF BENEFITS. (1C 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE" a deduction may be approved. 3. 7o obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of., (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor, 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (iC 6 1.1 12.1- 5.1(b) and IC 6 -1.1- 12.1 s,3Q)j 5. The schedules established under IC 6 -1,1- 12.1 -4(d) for rehabilitated property and under IC 6- 1.1- 12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to appiy to a statement of benefits filed before July 1, 2000. :...:�SECTION I TAXPAYERiNFORMATION Name of taxpayer Hoosier Tank and Manufacturing incorporated Address of taxpayer (number and street, city, state, and ZIP code) 1710 North Sheridan Street South Bend, IN 46628 Name of contact person Telephone number E -mail address Sue A. Kinnucan (574) 232 -8368 skrnnucan(a hoosiertank.co :�SECTIONI 2 LOCATION.AND DESCRIPTIONOFPROPOSED PROJECT Name of designating body Resolution number Common Council of South Bend LQcation of property County 0l_GF taxing district number 1710 North Sheridan Street St Joseph Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) faccess]forrx Estimated start date (month, day, year) Addition of 70'x 290' building, including new shipping docks with turn around 06/01/2011 Estimated completion dale (month, day, year) semi- trailers 12/31/2011 e ESTIMATE OF s OF •s•s • PROJECT Current number Salaries Number retained Salaries Number additional salaries 72.00 $3,000,000.00 1, 72.00 $3,000,000.00 1 15.00 $600,000.00 NOTE: Pursuant to IC 6 -1,1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 1.477.832.00 1,245.200.00 Plus estimated values of proposed project 760,000.00 54Q,Oflfl.00 Less values of any property being replaced 0.00 0,00 Net estimated values upon completion of project 2,237,832.00 1,785,200.00 Estimated solid waste converted (pounds) Estimated bazar �� lie $ Other benefits APR 1 8 201 JOIN VOORDE CITY CLERK, SOUT64 PFK ON' I hereby certify that the representations in this statement are true. 1=ignat o f autho 'ze representative Title Date signed (month, day, year) l,I c 4t Controller 04/15/2011 Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years * (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1, Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years* (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number I Date signed (month, day, year) Attested by (signature and title of attester) I Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6 -1.12- 12.1 -4, A. For residentially distressed areas, the deduction period may not exceed five (5) years. S. For redevelopment and rehabilitation or real estate improvements., 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. if the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et sew and South Bend Municipal Code Sec. 2 -76 et seq., for this petition states the following: Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: 70'X 290' building addition with new shipping does with turn around access for six il customers' packaging mainly . be warehouse and shippin_� to accommodate our c packag ing needs. Addition will free u_p _ manufacturing ' floor space, allowing us to add, machinery for a complete third line. This will increase production capacity by 25% Land Size 2 acres acres; Building Size 2)-300 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Manufacturer of air pressure reservoirs for OEM truck and trailer manufacturers domestically and internationally. We perform metalforming, welding, and painting operations. 3. Estimate the dollar value of the project (excluding land): $ 760,000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $1,245,200 (Rev 12/29/06) (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS WTEREST( %) Kinnucan Family LLC 51930 Juniper Road, South Bend, IN 46637 100% (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST( %) Hoosier Tank 1710 N. Sheridan South Bend, IN 46628 6. The commonly known address of the Property is: 1710 N. Sheridan South Bend, IN 46628 7. The Key Number(s) of said property is: 018 -2184- 693803 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked AExhibit B,@ and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 15 full -time and part -time permanent jobs within the first year, representing a new annual payroll of $ 600,000 and will maintain 72 existing permanent full -time and existing permanent part-time jobs including existing permanent full -time minority employment of 22 and existing permanent part -time minority employment of with an annual payroll of $ & &- loet0 10 4�1 12. The projected annual salaries for each new position indicated above are 2 (Rev 12129/06) estimated to be as follows (If more space is needed, please attach a separate sheet): 12 production workers @ $35,000 2 maintenance technicians @ $45,000 and 1 maintenance supervisor @ $55,000 13. Provide current employment wage information including; base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or range): Full -Time Part -Time Laborers $ 10,50- 1.5 /hr. ± prod. bonus $ Technical $ 16- 19 /hr. $ Managerial $ 20 -30 /hr $ Administrative $ 25- 45 /hr. $ 14. Indicate whether your company provides the following benefits (use YIN): Y Health Care Benefits �Y Pension Plan _Y_ Employer Provided Training (recognized or certified training /educational courses or programs) _N_ Day Care (provide or contribute to the cost of child day care for its employees) _N_ Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) _N_ Employer - Assisted Housing Program (provide an employer - assisted home ownership program) _N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 3 (Rev 12/29/06) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes 2005 pd 2006 45 544.98 $16,643.04 2006 pd Z007 115,689.92 2007 Pd 2008 151,799.17 $5,373-50 200824 2009 $49,878.98 $18,491.67 2009 pd 20101 $441454.30 $24,338.82 ( this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full -time and part -time minority employees for each of the last three years: Year Black Hispanic Asian Indian Other 12 -31 -10 Full Part 12 11 12 -31 -09 Full Part a, 49 40 12- 31 -08_ Full Part 7 3 36 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: NO 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): N Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. N Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. N Rehabilitation and reuse of a property that is designated a Problem 4 {Rev 12/29/06) Property by the Community and Economic Development Department N Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department, N Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): No 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? m 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): None needed 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). LL Geans S (Rev 12129106) 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: SIC 3443 NAICS 332313 Manufacturer of air pressure tanks 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: #3440 fabricated structural metal products. 27. The current use of the Property is manufacturing and the current zoning is _b -1 (This information may be obtained from the Building Department 235 - 9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. Personal property resolution 4008 -09, 1 -14 -10 Reconfirmation of personal property resolution 3483 -05 7 -8 -05 Reconfirmation of personal property resolution 3443 -05 4 -15 -05 Personal property resolution 3213 -03 7 -30 -03 29. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. Possibly SBA funds 6 (Rev 12/29/06) 30. The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: Sue Kinnucan Address: 1710 North Sheridan Street City,State,Zip: South Bend IN 46628 Telephone: 574 -232 -8368 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: Sue Kinnucan Address: 1710 North Sheridan Street City, State, Zip: South Bend, IN ,46628 Telephone: 574 -232 -8368 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. an Name of Property Owner(s): Kinnucan Family LLC By: A�� r- 4--�- (Signed Name) Filed in lewW t)f j,,D 1aPP s Sue A. Kinnucan partner (Typed or printed name and capacity of signor if agent or representative of the owner.) 7 (Rev 12/29/06) signed by A. � u � O �� O a � '� U cd En c U Eu � *� p p c v cd C i 't1 cr C) � O a] O d � � o ct o wtj c o E' U O O G _ n a � J A � rWwl 0 ti 0 s� ' cnNT O a CL Q O_ CL ID :3 S a cn 0,9 0) C O U m (ti U O O '03 'O �_ N 'w C _� c� L)WO❑MZZ V -fl (t5 O O O ZZZ Z 3 � 4-c OOOd000 C? O O C) O Ca 0 0 0 0 3z COLOi�C]Od0 ( N O N r r a° c ry r 6F3 H9 69- 693 69- 0)- 69- im 0 C 69 64 ' cnNT O a CL Q O_ CL ID :3 S a cn 0,9 0) C O U m (ti U O O '03 'O �_ N 'w C _� L)WO❑MZZ V -fl (t5 O N ZZZ Z 3 � (n -cs Z to •N mm 3z -0 - cn c O > cnc°Q -� a° c ry im 0 C im (1) O N � 0 ( O ❑ G >, r•- U_ U c > > N N Lo 4•w 3 Z; Q .� O C m U N CO U N X 0 d CN ,� Wc%W U 'C N�ItOr U f]. O O r- O N O co �. CL PC N 0 0 f O E CA L . a 0 0 L� v N �❑O-0�Q `r � off$ W M :- c (A O CL 0 O E (U O U�cua» m U O —1 Q (D (u Q NU U� — Em o� U � >- moo— 0 0Z)00L) Q ° `' V Nco"iui6r--co6C? JrNC7 rf t() � r U � -j O Z N°. 0 a O Lo T J O t— O Z Z i� H L� ER Filed in Clerk's "`. p 1 jolt N Vi)C RDE CITY c 0 N ° cn to cn rn 3 bq ; +� ? CL ;-4 o o a V b a 1=1 715 U P. co U t p 1-4 ° Cs ° cn cd 0 U U s3 Z O a. U r, G] � Ste" •}, "" � J � v o C�3 R LO w-a- U cC b y C1 U gl" O Q « tI? cn V> U1 rr� c 0 m CU Q? w N 4 p o O o LZU o Q Q. c o f O C7 O C� o� s�, U C) CD C° o a° Cd n ;� -° o cd co Ln o �' ao mW W o -Q z ❑om ca U p 0 a °C o V � z {U) � ca c� o c o- 41 U �" N C,5 4 U - CD [` 06 Ql O J c- C14 M 'i LC5 d f` z C U r ri U O 0 O 0 0 N ai x ram,A Legal Description Par of land beg appx 889.84' So. & 40' East of NW % SE % and known as Gibbs Wire & Steel Company, Inc. minor sub sec 33 -38 -2E cont appx AC Filed JOHN VOORDE CITE' CLERK, SOUTH BENU. ON Exhibit b Airport Economic Deveiopment Area Expansions Expansion History Adams i� . iA.15 Stogy - li``fS i 4TI old Clsveisnd.J .ipiEin _ '_'l:. 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Res191f>_Exp 13_11101!02 Resh956_Exp 14_11111!02 ✓ CL Rest9lfi_Exp 15_11141102 �� 1 Res1977_i =� 16_07116!03 ' l� - � Rez20DE_Em 17_07107103 Re52D19_Exp 18_12+19103 - Res2090_E =xp 79_Q3r04105 Res2144 _Exp 20_071211[6 I ' Res2254_Exp 21_09125105 i Re$2279_Exp 22_72115n 'I Res2351_Exp 23_07120107 ta. ��__ _..- ..- _-- •_.....�...- «... -.-.- ti_.__.�. .I Res2351_Exp 25 07120M7 Res2456_Etgr26 06125!08 { ' Soul h Bend Cily Limila Soolh band Departmenl of Community Q Economic Developrneat 625!08 1710 North Sheridan Street, South Bend, Indiana - Google Maps Page 1 of I http: / /maps.google.corn /maps ?f q& source= s_q &hl= en &geocode = &q =1710 +North +Sheri... 4/19/2011 maps Address 1710 N Sheridan St Get Google Ma our s on phone 9 Maps South Bend, IN 46628 Text the word "GMAPS" €o 46645 3 sthrc, 5t si-rop S'. I_�ih.6p SF LiitRrvp St a south EiEn :5 firr,ri south s!2ofe r r -! Prrgressr z . ^, n 4 Termma1 Dr ^j Vocr1SeD . +100 -'fie D- 1 Var �° � n ic�lle st Voo7de aellc 59 ✓ R' n to j n� l KFl1w Rd n N o M L w z 5 e m W Way St m � � r6sori Rd FhvooctAue 'r 6 _ f lwood Ave _ - F:.?wrafl 1 u Q o W `r i C O SU m w b%Y u i £' .iohns (rJ3 z a. V A _ y z Eve Sr m ,- Grove Si C, ti n w - .. _ _ 73asr S ro w I o %, Cretin St sse:rhu &i :3 ;.uvvence St L erltwa m mm SonO,;Ave HeqzerAvg d Sur•etn gtw'N a- . � U a pY$ R Ha -fzor Si Unr., ©2011 Google - t d 2011 Gdibgle r: ti http: / /maps.google.corn /maps ?f q& source= s_q &hl= en &geocode = &q =1710 +North +Sheri... 4/19/2011 0 q?gTgxg CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 -83.2 of the South Bend Municipal Code, thi Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as condition of receiving property tax abatement. Hoosier Tank and Manufacturing Incorporated Petitioner's Name Agent's Name Acting on Behalf of the Petitioner Sue A. Kinnucan Contact Person 1710 North Sheridan Street Street Address South Bend, IN 46628 City, State, Zip Code 5 74-232-83 68 Business Telephone Number i 4 Signature of Petitioner -c: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER. TANK AND MANUFACTURING, INCORPORATED 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 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning approximately 889.84 feet south and 40 feet cast of NW' /4 SE' /4 and known as Gibbs Wire and Steel Company, Inc. minor sub section 33 -38 -2E coot appx AC and which has Tax Key Numbers 18 -2184- 693803 (Real Property) and 018- 07522 -00 (Personal Property) presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seMc ., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development 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 seq., 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 and Economic Development 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 IL 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 the 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 and Economic Development, and the Community and Economic Development 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 five (5) years. 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. 2 SECTION V11, This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. NOT A��-ROVEi� .1 t�,DOPUU " Member of the Common Council 3 Red in-d-le-'rk MV j Joi4m 14N VTO, C R I CITY LE K, 8 6,64 Beko,are 1200 Cw t'rY -CITY BUILDING 227 W JEFFERSON Boui.EvARD SourH BEND, INDIANA 4660 1 -1 830 PHONE 574/ 235-9371 FAx 5741235 -9021 TDD 574! 235 -5567 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR COMMUNITY 08C ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR April 18, 2011 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: HOOSIER TANK AND MANUFACTURING, INCORPORATED Dear Council Member Rouse: Please find attached the Department of Community & Economic Development'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 for the construction of an addition to their existing building and the purchase of equipment to set up a new production line all to be located at 1710 North Sheridan Street. The report contains the Department's findings relative to the above petition. The Petitioner, Hoosier Tank and Manufacturing, Incorporated, proposes to construct a 70 X 290 foot addition to their existing building and install equipment for a new production line. The total cost for the equipment is estimated at $1,175,000. The project meets the qualifications for a five -year personal property tax abatement. A representative of the Petitioner will be available to meet with the Committee on Monday, May 9, 2011. 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 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235-9660 574/235 -9371 ELIZABETH LEONARD FAX: 57412.35- 9697 5741235 -9371 1200 CwN,rr -Cay BuiLDINC 227 W. JEFFERSON BOULEVARD SOr *fH BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LuFcKE, MAYOR COMMUNITY ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY E ECUTIVE DIRECTOR TAX ABA TEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: HOOSIER TANK AND MANUFACTURING, INCORPORATED DATE: April 18, 2011 On April 18, 2011, a petition for personal property tax abatement consideration for property located at 1710 North Sheridan Street was filed with the City Clerk by Hoosier Tank and Manufacturing, Incorporated. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development 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 and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Hoosier Tank and Manufacturing, Inc. is a manufacturer of air pressure reservoirs for OEM truck and trailer manufactures domestically and internationally. They perform metal forming, welding and painting operations required for the manufacture of air pressure reservoirs. The Petitioner is proposing to: (a) construct a 70 X 290 foot addition (total additional area is 20,300 sq, ft.) to their existing building; and (b) install equipment for a new production line. The addition will provide new shipping docks with a turnaround access for six semitrailers, new warehouse space and a shipping area to accommodate their customers' shipping needs. The addition will free up manufacturing floor space and allow the company to add machinery for a complete third production line which will increase their production capacity by 25 percent. The equipment for the production line includes a dust collector, air make up vent, new diameter tooling, leveler for shear, laser cutter, roller, leak detection system, progressive strap bracket die, forklift, washer, assembler, and an automated powder spray paint system. The estimated cost of the equipment is $1,175,000. C'.OMMUNiTY DEVELOPMENT ECONOM]c DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEML.NT 5741235 -9660 5741235 -9371 EuzABETH LEONARD FAX: 5741235 -9697 5741235-9371 South Bend Common Council RE: Tax Abatement for Hoosier Tank and Manufacturing, Inc. April 18, 2011 Page 2 As part of the total project, the Petitioner is submitting a request for a seven -year real property tax abatement for the addition to be constructed for their building. The project's total cost is estimated at $1,935,000. The project will move the company's truck dock to a better location that will eliminate a major traffic obstruction due to trucks using the street for turning and backing up to the current dock for deliveries. This is something the City has been working with Hoosier Tank to alleviate for approximately two years. Total taxes to be abated during the (5) five -year abatement period are estimated at $15,607. Total additional taxes to be paid as a result of the project during the five-year abatement period are estimated at $82,001. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create fifteen (15) new, permanent full -time positions with an annual payroll $600,000. The project will also maintain seventy -two (72) existing permanent full -time positions, including 22 existing permanent full -time minority employees, with a total annual payroll of $3,000,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been associated with or granted the following previous abatements: Term /Type Resolution No. Date 5 year personal property 2013 -93 2/22/1993 5 year personal property 3213 -03 7/28/2003 10 year real property 3234 -03 8/25/2003 5 year personal property 3843 -05 (Reconfirm & Inc.) 6/27/2005 5 year personal property 4008 -10 1 /11 /2010 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Area, which is a Tax Incremental AIlocation Area; therefore, the petition for real property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. 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. T T e T Q uj LO \° "I L Cf) C) O U') o N r O t 7 ° O O O M m N t v N m M N QA? im), M M cif cod � (N Ca dc CO O CL N :m .- h ' C] u�i d n * Cf) C) O U') o N r O O t O M m N d0' N � !� M N QA? 0 M M � r � N h Lf) t h CV CO i+ O vN. CO N CO •.J :m .- t6 U Y ' C] u�i C' CO C] V) N to N LO �r to (<} C Lo • ® * 00 LC) O i Co O o o I C7 C7 N to 0 0 CD O O o o CQ N Co O CC 1-- A Lo O @ O CD Lr) 3f) CD N A .pqI � !� LO CD N O N !� LO M M N r N h Lf) C') It CV CO i+ O vN. 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Q} C .r a C p O � 4D E = m m o -o CD Q (D co 4} T 0 y Fe- ' (�L � f\�(���l{�(���/ /// � !�/'��°, = Mr, Robert Mathia Assistant Director Economic Development City of South Bend Z27 West Jefferson, l2 1h floor South Bend, |N 45602 Please find the enclosed petitions for both real and personal property abatement for our proposed addition and new machinery. We are very excited about this new project and1Vo forward to working with you, Let me know if you have any questions. � Sue AKinnucan Controller STATEMENT OF BENEFITS PERSONAL PROPERTY FORM sg -1 1 PP State Form 51764 (R 11 -06) Prescribed by the Department of Local Government Finance ffbalance RIVACY NOTICE and any speck individual's ormation is confidential; the of thfiling public record INSTRUCTIONS: 1.1- 12.1 -5.1 c and {d , 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment for which the person wishes to claim a deduction. "Projects" planned or committed to after Juiy 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing exfension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of Benefits. (IC &-1. f- 12.1 -5.6) 5. The schedules established under IC 6 -1.1- 12,1- 4.5(d) and (e) apply t •Zh f10 For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue t 1 1.1- .1 -4.5 fj,and,(g)) Name of taxpayer Hoosier Tank and Manufacturing incorporated Address of taxpayer (number and street, city, state, and ZIP code) W W 1710 North Sheridan Street South Bend, IN 46628 Name of contact person J684 Telephone number Sue A. Kinnucan CITY CLERK, C UTH END, IN (574) 232 -8368 Name of designating body Resolution number (s) Common Council of South Bend Location of property County DLGF taxing district number 1710 North Sheridan Street St Joseph Description of manufacturing equipment and /or research and development equipment ESTIMATED logistical distribution equipment and /or information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE Dust Collector, Air Make up unit, new diameter tooling, Manufacturing Equipment 06/01/2011 06/01/2013 progressive strap bracket die, leveler for shear, DC R & D Equipment transformer, retrofit resistance welders, laser cutter, roller, Logist Dist Equipment tester, automatic leak detection system for testers, forklift, cunt..... iT Equipment 06/01/2011 06/01/2013 Current number Salaries Number retained Salaries Number additional Salaries 72 3,000,000.00 72 1 3,000,000.00 115 600,000.00 • • e s e •e•e --• NOTE. Pursuant to IG 6- 1.1- 12.1 -5.1 (d) (2) the MANUFACTURING R & Q EQUIPMENT LOGIST DIST EQUIPMENT EQUIPMENT IT EQUIPMENT COST of the property is oonfidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values 3,010,218.00 903,065.00 Plus estimated values of proposed project 1,130,DOD.00 339,000.00 45,000.00 Less values of any property being replaced Net estimated values upon completion of project 4,940,218.00 1,242,065.00 45,000.00 • a 1 e. 1• -• o Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits: e • f hereby certify that the representations in this statement are true, Sig natur ,f authorized r r sgntativa Title Date signed (month, day, year) C Controller 04/15/2011 We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6.1.1- 12.1 -2. A . The designated area has been limited to a period of time not to exceed is _ B . The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; 2. Installation of new research and development equipment; 3. Installation of new logistics! distribution equipment. 4. Installation of new information technology equipment; calendar years * (see below). The date this designation expires ❑Yes ❑N o ❑Yes ❑N o ❑Yes ❑N o ❑Yes ®N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D, The amount of deduction applicable to new research and development equipment is limited to $ with an assessed value of $ E . The amount of deduction applicable to new Logistical distribution equipment is limited to $ E The amount of deduction applicable to new information technology equipment is limited to $ G. Other limitations or conditions cost cost with an assessed value of cost with an assessed value of H. The deduction for new manufacturing equipment and/or new research and development equipment and /or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, fs allowed for: ❑ 1 year El years *' For ERA's established prior to July 1, 2000, onl a 02 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ 8 years ❑ 4 years ❑ 9 years ❑ 5 years " ❑ 10 years Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (signature and title of authorized Attested by: Telephone number Designated body Date signed (month, day, year) * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.1- 42.1 -4.5 Description of Manufacturing Equipment cant... new assambier, new washer, an Amada King, and an automated powder spray paint system CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6 -1.1 -12.19 et —sec., and South Bend Municipal Code Section 2 -84.2, et seq., for this petition states the following: 1, Describe the proposed project, including information about the new manufacturing equipment personal property (Aequiprnent @) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. -- ( new i g turn around acces.s for six semitrailers. Addition will 2p ly be warehouse and shipping to accommodate our customers' packaging needs. Addition will free up manufacturing floor space allowing us to add machinery for a complete third line This will increase our production capacity by 25— 2. The project will create 15 new, permanent jobs within the first year, representing a new annual payroll of $ 600,000 and will maintain 72 existing permanent full -time and W, 0 existing part -time jobs representing an annual payroll of $ 3,000,000 . The projected annual salaries for each new position created are estimated to be as follows: 12 production workers = $35,000 2 maintenance technicians = 45,000 1 maintenance supervisor= $55,000,,,__.,,... 3. Estimate the total cost of the Equipment: $1,175,000 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly= held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST Hoosier Tank 1710 N. Sheridan South Bend 1N 46628 _ 100% (Revised 812102) (b)The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS tNt'EREST' 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Manufacturer of air pressure reservoirs for OEM truck and trailer manufacturers domestically and internationally. We perform metal forming weldin and aintin operations, 6. The commonly known address of the property where the Equipment is to be located is: 1710 N. Sheridan South Bend IN 46628 7. The Key Number of said property is: 018- 07522 -00 S. Attach the legal description of the property where the equipment is to be located, marked AExhibit A,@ and is hereby incorporated herein. 9. Attach a map and /or plat describing the property where the equipment is to be located, marked AExhibit B,@ and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked AExhibit C,@ and hereby incorporated herein, 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ 0 (This information may be obtained from the St. Joseph County Assessors office 235 -9523) 12. The current use of the real property where the Equipment is to be installed is manufacturing i _ and the current zoning is e) and A (height and area). (This information may be obtained from the Building Department 235 -9553) (Revised 8/2/02) 2 13. List the real and personal property taxes paid at the location during the Previous five years, whether paid by the current owner or a previous owner; YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2005 pd 2006 $45,544.98 _ _ $16.643.04 2006 pd_ 2007 $44.173, 67 ° °— 2007 d 2008 $51,7)9.17 T— — $15.6$9.92 lea ,373.50 2008 od 2009 $4.q $78.98 $18,491.67 2009 Pd 20101 $44A54.30 OOA 338.82 (This information may be obtained from the St. Joseph County Treasurers office 235 -9531) 14. Describe the commitment made within the past rive years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part -time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part -time) and the current number of minority individuals (full and part - time). 2010 72 Total 22 Min 30% 2009 52 12 23% 2008 46 TO 26% 2007 69 18 26% 2006 84 28 33% 15. Describe on -site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None 16. What is your best estimate of the market value of the new Equipment after installation? $1 175 000 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ 11,300 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? Our histoKy of minority-hiLring minority—hiring has been good and W' e fully intend to continue this commitment to our community. (Revised $12/02) 3 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: SIC 43443 manufacturer of air ressure tanks 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: #3440 fabricated structural metal products 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South bend Redevelopment Commission: Hoosier Tank is located in the Ai Mort Economic Development Area 23. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Dousing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. Old National Bank and the SBA 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: Hoosier Tank is not PIP-posing tore lace any e ui ment. The additional equipment will be used to increase our roduction and qualily for continued rowth. 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. (Revised 8/2/02) 4 26. The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: Sue Kinnucan Address: 1710 N. Sheridan City, State, Zip Code: South Bend IN 46628 Telephone: 574- 232 -8368 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for "purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. (Revised 8 /2/02) Name of Property Owner(s): .Hoosier Tank and Manufacturing Incorporated 4/' By:v' (Signed Name Thomas R. Kinnucan Jr., President (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) I j " 5 LLCAe0R111C'h'V01`4_v;+'lK�kx`.`y t Exhibit A Legal Description Par of land beg appx 889.84' So. & 40' East of NW % SE % and known as Gibbs Wire & Steel Company; Inc. minor sub sec 33 -38 -2E cont appx AC Filed In . le&' . 1710 North Sheridan Street, South Bend, Indiana - Google Maps page I of I K f Address 1710 N Sheridan St South Bend, IN 46628 Get GoO maps he Text the word "GRdAPS "to4S6453 APyourp 453 LBsI;'np &' 1 athrop S9 LPtb70P S! I s'hTOP St O LWtttap St to n 5auth tae Aifa ;rt Snuth Snsre ::I a prngresa z Fp. -.d �, a _i o lerm'nal Or c= Voorde Or Voorce Dr C.rh: cwh R�� r4,:Ele t Uoe "de 's k ialiE' 91 Kr:lle: kd m U m ? r Lyra z Qi; fi-" -�'I' Edison Rd Ffomt Me R € lwoac AVE Ri,KDd f a � Of o !'• n N' � � 'y n � � v Si ,ohns vQy S• .? a ve St � m Gtwe St I ASS Q! 5 27 b ?' 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Res1916_FV 14_11161102 CC Res1816_Exp 15.1}101707 r N w T p Res1977 Exp 16_07710103 - =� Res20C6 _Ew 1, 07107fp;i Res2019_E>y 19_12119103 '- I Re5209D_E xG 19_03104105 Res2144_Exp 20w07/21 ICE Res2256_Exp 27 OSr25105 �� - i --- I Res2279 E,w 22 121151€)5— ""-- j -'-��) 'I Res2351 _Exp 23 07120107 1 Res2351_Exp 24 07O 0 7 611 I Re52351 Exp 25 07120107 °-'--- --- -'— - - -' -- -- - - - -- Res2456_Exo25_De?"W9 Y Pr epaletl by Soulh Bend Depanmenl of Soolh Bend City Llmils Commvaily 8 E conomic Development 525!00 April 28, 2011 Derek Dieter President, South Bend Common Council 455 County -City Building South Bend., IN 46601 Re: Morris Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Dieter, I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $3,100 within the Morris Performing Arts Center and Palais Royale Marketing Fund (Fund 273). Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has solicited and secured the necessary funding to cover the cost of manufacturing and printing 50,000 Morris Box Office Ticket Envelopes. We hereby request the required funds be released from Fund 273 for the purchase of said ticket envelopes. The amount of the requested appropriation is $3,100. The Morris Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, Dennis J. Andres Executive Director DJA/kmk Attachment Morris Performing Arts Center ® 211 N, Mich - -�. it 111 6 CITY C LE , of `€4 SEMID IN a' Street - South Bend, IN 46601 Office: (574) 235 -9198 a Fax: (574) 235 -5604 • http: / /www.MorrisCenterorg ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,100 FROM THE MORRIS PERFORMING ARTS CENTER AND PALMS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET[' ENVELOPES STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has solicited and secured the necessary funding to cover the cost of manufacturing and printing 50,000 Morris Box Office Ticket Envelopes. This ordinance appropriates $3,100.00 from Palais Royale Marketing Fund ( 4273) for the purchase of these Ticket Envelopes. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center and Palais Royale Marketing Fund for the purchase of Morris Performing Arts Center Ticket Envelopes. Account Number Description Amount 273 Morris Performing Arts Center $3,100 and Palais Royale Marketing Fund 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. D)�-L, to - O'LL�1� - Member, South Bend Common Council Attest: r.w, k. 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 _ day of .M. Ist READING 5-"( PUBLIC HEARING 3 rd READING NOT APPRoYfiD REFERRED PASSED 2011, at —o'clock Mayor, City of South Bend, Indiana Filed fn CE wh -CTT�YC. 6r=MD, CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRAATION & FINANCE GREGG D. ZIENTARA CONTROLLER May 4, 2011 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 re: Ordinance to Create Agency Fund 725 Morris Performing Arts center / Palais Royale Ballromm Box Office Agency Fund Dear President Dieter: The Morris Performing Arts Center ( "Morris ") and Palais Royale Ballroom ( "Palais ") collect certain revenue payments and deposits in advance of events at the facility. From these receipts, certain event expenses are paid to promoters and other vendors. Upon completion of the event, an event accounting settlement is prepared and the net revenue or profit is realized by the City and transferred to the General Fund or other appropriate City fund. During the recent audit of City by the State Board of Accounts, it was discussed with City Administration that it may be beneficial to set up a separate "agency" fund to account for these transactions. An agency fund is a common governmental fund type that is used to account for monies that are collected for and remitted to other entities (i.e. payroll tax withholding). An agency fund does not record revenue and expenditures and, thus, is not subject to annual appropriation. An agency fund records only cash and liability transactions. Thus, it is in the best interest of the City of South Bend to establish a Morris Performing Arts Center /Palais Royale Ballroom Box Office Agency Fund 725. The new fund 725 will be a non - reverting fund and may earn interest on outstanding cash balances which will be used to offset bank charges, with any remaining amounts distributed to the General Fund or other appropriate City fund. Fund 725 will not be subject to appropriation by the City of South Bend Common Council but will be reported in the City Controller's Cash Report, the City and Town Annual Report and other similar accounting reports. Controller Zientara will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing and at the Council meeting. City Administration is available to discuss any matters concerning this Bill at the convenience of the Council. Regards Gregg t ra cc: St h n J Luecke, Mayor of the City of South Bend Filed in Uerk'�i i JOHN IVQOhb�.' CITY CLERK, SOUTH SEND, lit, County -City Building 227 West Jefferson Boulevard South Bend, Indiana 4660I -I830 U Pbone:574 /235 -9216 Fax: 574/235-9928 TDD:574/235 -5567 V1 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A MORRIS PERFORMING ARTS CENTER/PALAIS ROYALE BALLROOM BOX OFFICE AGENCY FUND ( #725) STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center ( "Morris ") and Palais Royale Ballroom ( "Palais ") collect certain revenue payments and deposits in advance of events at the facility. From these receipts, certain event expenses are paid to promoters and other vendors. Upon completion of the event, an event accounting settlement is prepared and the net revenue or profit is realized by the City and transferred to the General Fund or other appropriate City fund. During the recent audit of City by the State Board of Accounts, it was discussed with City Administration that it may be beneficial to set up a separate "agency" fund to account for these transactions. An agency fund is a common governmental fund type that is used to account for monies that are collected for and remitted to other entities (i.e. payroll tax withholding). An agency fund does not record revenue and expenditures and, thus, is not subject to annual appropriation. An agency fund records only cash and liability transactions. Thus, it is in the best interest of the City of South Bend to establish a Morris Performing Arts Center/Palais Royale Ballroom Box Office Agency Fund 725. The new fund 725 will be a non - reverting fund and may earn interest on outstanding cash balances which will be used to offset bank charges, with any remaining amounts distributed to the General Fund or other appropriate City fund. Fund 725 will not be subject to appropriation by the City of South Bend Common Council but will be reported in the City Controller's Cash Report, the City and Town Annual Report and other similar accounting reports. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I . A Morris Performing Arts Center /Palais Royale Ballroom Box Office Agency Fund 725 will be established effective June 1, 2011. This fund shall be non - reverting and may earn interest on outstanding cash balances. The fund will not be subject to appropriation by the City of South Bend Common Council. SECTION II. The City Controller shall be authorized to take all administrative steps necessary to establish this fund, including the cash transfer of monies held in the Palais Royale liability account in the General Fund to this new agency fund. 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. w 01N . Member, South Bend Common ouncil Attest: aid r 4,crm City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock m. City Clerk Approved and signed by me on the day of 2 , at o'clock, m. Mayor, City of South Bend, Indiana. F:IDATAISHARE1 Legal lWpdatalAMDlOrdinanceslFund 211 CED Administration Fund 111610.doe 1 st READING pUBLIC HFARNG 3 rd READING NOT APPRQV REFERREQ PASS 'Filed in jqr . { FOHM � 5 Clry CL K, S CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D. ZIENi'ARA May 4, 2011 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 CONTROLLER re: Graffiti Removal Project — 2011 Appropriation Ordinance Fund 201 Dear President Dieter: At the April 27, 2011 meeting of the Health & Public Safety Committee of the Common Council, the matter of the city approach to graffiti removal was discussed. At that meeting, City Administration, presented to Council Committee members, the city plan for establishment of a graffiti removal team, under the supervision of the Parks & Recreation Division, as well as the procedural concept to be used within the city units for identification, communication and removal actions of graffiti on public and private property within the city. As discussed at the Committee meeting, City Administration has defined the financial start-up cost and proposed 2011 operational costs for the creation of a graffiti removal team. As the 2011 city budget adopted by Council in October, 2010, does not contemplate the costs associated with the creation and operation of a graffiti removal team, it is therefore necessary to request Council consideration for the approval of additional monies in the Parks & Recreation Fund 201, to provide the defined resources to affect Council required graffiti removal activities within City operations. The bill presented herewith, will appropriate $177,000, within the Parks & Recreation Fund 201, for the purpose of funding necessary start -up costs and operational costs in fiscal 2011. Please find attached, a schedule identifying the defined one time start -up costs as well as the defined operational costs projected for fiscal 2011. This bill is presented to Council for first read at the May 9, 2011 Council meeting; committee meeting, 2nd read, 3rd read and Council vote on May 23, 2011, County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830} t Phone: 574 /235 -9216 Pax: 574/235 -9928 TDD:574/235 -5567 Mayor Luecke and Director St. Clair will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing and at the Council meeting. City Administration is available to discuss any matters concerning this Bill at the convenience of the Council. , Gregg V. City Co t cc: Stephen J. Luecke, Mayor of the City of South Bend Phil St. Clair, Director Parks & Recreation Filed [g... EMAY Z ou'l i JOHN voi'$ CITY CLERK, SOU' "H SEND,1�� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $177,000 WITHIN PARKS & RECREATION FUND 9201 FOR GRAFFITI REMOVAL ACTIVITIES STATEMENT OF PURPOSE AND INTENT On April 27, 2011 the City Administration presented to the Common Council at its Health and Public Safety Committee meeting, a plan for establishment of a graffiti removal team under the supervision of the Parks & Recreation Division, as well as the procedural concept to be used within City units for identification, communication, and removal of graffiti on public and private property within the City. The graffiti removal team program start up and operational costs in 2011 will be $177,000 which was not contemplated when the Common Council adopted the City's 2011 budget in October 2010. Therefore, it is necessary to appropriate $177,000 within Parks & Recreation Fund #201 for purposes of the City's graffiti removal program costs. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Sum of $177,000 hereby is appropriated and set aside within Parks & Recreation Fund #201 to pay start up and 2011 operational costs of the City's graffiti removal team program. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council cr ` fise 5_q —c pUaUC o R G 3rd REP�DING �40T ApFROYtD ar6RRED PASSED 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 . In. City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Filed in Clerk"s r° MAY ...:1'��l� p JOHN tfWr�'.'i:; CIT`YCL ERK, SO � 3s La�!�, :1 -,E Graffiti Removal Project 2091 Appropriation Ordinance Fund 201 Parks & Recreation General Fund Under the direction of the Parks & Recreation Division of the City of South Bend Start Up Investment Asset 4x4 Truck - new Pick up Truck - used Soda /Sand Blaster /Aftercooler Air Compressor Camera Computer (Lap top w/ wireless) Contingency Total Start Up Cost Operating Budget (ongoing) Graffiti removal materials Preventative Landscaping Fuel Operations maintenance Small tools Wireless connection contract Full time Compensation Part time Compensation Contingency Total Operations Cost Total 2011 Appropriation Estimated Cost Note(s) $ 35, 083.00 1 $ 15, 000.00 $ 10, 057.00 $ 17, 508.00 $ 250.00 $ 3,000.00 $ 2,102.00 $ 83, 000.00 $ 8,000.00 $ 5,000.00 $ 6,000.00 $ 2,000.00 $ 500.00 $ 750.00 2 $ 46, 700.00 3 1 full time staff $ 23, 015.00 4 3 part time staff $ 2,035.00 $ 94, 000.00 $ 977,000.00 Note(s) 1 Includes lift gate, radio, hose rack, boxes, light bar, and installations 2 Wireless connection to access police system 3 Foreman 11 Ordinance position $ 33,358. 00 base wage per ordinance $ 13, 342.00 benefits $ 46, 700.00 Total 4 Part time staff $ 23, 015.00 Flied in Y... [MAY - 4 ze i cry LEEK, SoJrH April 2 S, 2011 Derek Dieter President, South. Bend Common Council 455 County -City Building South Bend, IN 46601 Re: Morris Performing Arts Center Capital Improvement Appropriations Ordinance Dear Mr. Dieter, I attach for filing with the South Bend Common Council an Ordinance requesting an Appropriation of $215,000 within the Morris Performing Arts Center hnprovement Fund (Fund 416). Revenues from this fund are generated by a ticket surcharge and the fund is used exclusively for capital improvements such as renovation, remodeling, and specifically here, to support a portion of the total expense for the renovation and restoration of the Morris Performing Arts Center windows, doors, restrooms, exterior north wall, and architect & engineering fees. The balance of funding required will be forthcoming from an Appropriation request for TIF funds. The purpose for which the Morris Performing Arts Center desires Appropriations is $215,000 for: Windows, Doors and Restrooms Renovation/Restoration Exterior North Wall Repair Architect and Engineering Fees The Morris Performing Arts Center requests the CounciI's approval of this Ordinance that will benefit the City and its citizens. Sincerely, Dennis J. Andres Executive Director DJA/kmk Attachment (1- Ordinance) Morris Performing Arts Center ® 211 N. Mich 1'A �t.°tiNlj Street - South Bend, IN 46601 Office: (574) 235 -9198 a Fax: (574) 235 -5604 . http: / /vwvwvw.Morr!sCen eer.org Approved and signed by me on the day of , 2011, at o'clock m. i ;r READ:NG S - � k PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed fn- ;:,: 3 s MAY - Z o t cIrr CLERK, S, do t¢ t�RiMp-� 1316 COUNTY -CITY BUILDING 227 W. JEi:FEPSON BOULEVAkD SOUTH BFND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHFN J. LuEcKE, MAYOR BOARD OF PUBLIC WORKS April 20, 2011 PHONE 5741235 -9251 FAx 5741235 -9171 TDD 5741235 -5567 Mr. Derek Dieter President, South Bend Common Council - 3k 4th Floor, County -City Building South Bend, IN 46601 Re: Resolution Approving Block Party Procedures and Application Fee Dear President Dieter: Attached for Common Council consideration and approval is a Resolution approving Board of Public Works (BPW) Resolution No. 21 -2011. The most significant effect of BPW Resolution No. 21 -2011 is to establish a standard application form and a non - refundable application fee of $25.00 for each special event, such as a block party, where the public right-of- way is closed to vehicular traffic. The BPW has estimated the City's cost of this process to be around $162.00 per event (see attachment), and with the increase in these applications, the cost has become significant. An application fee of $25.00 is just a fraction of the City's costs, and the BPW believes it to be a fair and reasonable assessment for users of this service. I will present this Resolution to the Common Council at its meeting on April 25, 2011 and will answer any Council questions or concerns at the Committee meeting earlier that afternoon. We appreciate the Council's consideration of this Resolution. Sincerely, ,e,k7 S�A Gary Gilot Director, Department of Public Works GARYA. GILOT, P.E. .DONALD E. INKS CARL P. LiTTRELL PWIDFNT MEMBER MEMBER !( v RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21-2011 REGARDING BLOCK PARTY APPLICATIONS WHEREAS, on February 28, 2011 the South Bend Board of Public Works (BPW) approved Resolution No. 21 -2011 attached hereto which amends certain policies and procedures pertaining to temporary use of the public right of way for block parties and similar events, which policies and procedures were originally adopted by the Board of Public Works in Resolution No. 10 -1989 on March 6, 1989 and later amended and restated in Resolution No. 57 -2008 on August 25, 2008. WHEREAS, the BPW receives numerous requests to use and block vehicular access to the public right -of -way for special events such as block parties, neighborhood gatherings, hog roasts, and similar events; and WHEREAS, the administrative costs to the City are considerable for all the work required (1) to process the application, (2) close down the requested right -of -way, and (3) reopen it; and WHEREAS, it is fair and reasonable that persons applying for a public right -of -way temporary closure contribute to a portion of the cost of that process; and WHEREAS, an application fee of Twenty -five Dollars ($25.00) approved by the BPW in Resolution No. 21 -2011 is reasonable in light of the estimated total cost to the City of One Hundred Sixty -Five Dollars ($165.00) for every right -of -way closure. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section 1. BPW Resolution No. 21 -2011 be and hereby is in all ways approved, including the revised Application Form and the charge of a non - refundable Twenty -five Dollar ($25,00) application fee accompanying the application of any request to use and/or block access to the public right -of -way. Section 11. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. �b88g kx k�er x � t °=sJ �Ygi� Member, South Bend Cornmo Council Filed In Clerk's Office A F R 0 � G JOHN V00WA V) ui U O ly I. z _O F _U Q a } al 0. Y U O Im 0 0 0 i p O O U1 p p N EA GN9 N F-- Ws O F- o � O A N as m 4 0) N LU N G p C) N x x C! O o -P LL W U V p U C 9 64 O` Lu L In 2 E F O O O O f? LO Y a. a p N C C U 4 a� N U- w 0 0 0 C c y� to m 0 69 fH b9 G1 m W C (n O O o O O O to 0 IC = p a ��64 «� 0 o rn j O 0 LO 0 C) ui w O 1 J 09 0 0 0 t6 lw N �1D 0 0 ti 6R L 0 0 ui x O N F m E F N X fD ti N � Q O Sx1[ O V p0 �rnX o 0 IZ 0 t+vop oax E o o F v N lMg L N E 9 Exx JX rn° E ,(D m _E tll N m c� O F c b .Cd "rncc d o E W c o v�UJQ FUwin QmC)bUjti0S O A N as � 0) N E N G p N x x O -P _ U c O` In 2 E O O V Y a. p C C 4 LL N U- CO O C c if r C in W C (n ty < = a) J m G o cr Oi a) N 0 .5; a) r R C N Ii m :, 0 o U p � U U 4 1�lJ N -2 Oo CL a a w a. coo a. can ol a° ui w O 1 J 09 0 0 0 t6 lw N �1D 0 0 ti 6R L 0 0 ui x O N F m E F N X fD ti N � Q O Sx1[ O V p0 �rnX o 0 IZ 0 t+vop oax E o o F v N lMg L N E 9 Exx JX rn° E ,(D m _E tll N m c� O F c b .Cd "rncc d o E W c o v�UJQ FUwin QmC)bUjti0S RESOLUTION NO. 21-2011 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AMENDING AND RESTATING ITS POLICIES AND PROCEDURES FOR BLOCK PARTIES AND SIMILAR EVENTS WHEREAS, pursuant to I.C. §36 -9 -6 -2 and I.C. §36- 9 -6 -3, the City of South Bend, Indiana Board of Public Works ( "Board ") has authority over the use of public rights of way and is responsible for the supervision of streets, alleys and other property of the City; and WHEREAS, persons wishing to use and block vehicular access to the public right -of -way must obtain approval to do so from the Board; and WHEREAS the Board receives numerous requests for permission to use and block vehicular access to the public night -of way for special activities such as block parties, hog roasts, ;neighborhood gatherings and similar events; and WHEREAS, the Board supports restricting access to portions of the City, if such event(s) are based upon the support of citizens residing in the neighborhood, or such event is for the benefit and participation of such residents; and WHEREAS, the Board, through its Resolution No, 10 -1989 adopted o17 March, 6, 1989, as amended and restated through its Resolution No, 57 -2008 adopted on '' ,;}� �; , has heretofore established certain policies and procedures related to such events; and WHEREAS, the Board desires to further amend and to restate its policies and procedures. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that policies and procedures previously established through its Resolution No. 10 -1989 shall be and hereby are amended and restated in its entirety as follows: I. The policies and procedures established by the Board in this Resolution shall be applicable to all such requests where there is a request for use of and /or the blockage of access to the public right-of-way for a block party. Any and all approvals granted by the Board for such events shall be subject to these policies. 2. All requests for approval to use and /or block access to the public right- of-way shall be filed with the Clerk of the Board of Public Works, 1316 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 not less than four. (4) weeks prior to the proposed date of the event, and shall be accompanied by a non- refundable application fee of $25.00 to cover the administrative cost of processing the permit. All requests shall be made in writing on a prescribed Application Form which may be amended from time -to- ti3ne, the current form of which is attached hereto and incorporated herein as Attachment "A" 3. The Board shall refef all such Applications for review and recommendation to the South Bend Police Department Traffic Bureau, the City's Bureau of Traffic and Lighting, the City Attomey's Office, Division of Engineering, and may refer the Application to various other entities as the Board, in its sole discretion, believes necessary. Such review and recommendation shall take into consideration the traffic controls, traffic safety equipment and materials to ensure safe conduct of the event. Each entity reviewing the Application shall submit its recommendation to the Board within five (5) business days of receiving the Application for review. 4. The Board may deny any Application if the Board, in its sole discretion, determines that the proposed event: (i) will constitute a public safety hazard; (ii) will conflict with any other event within the City; (iii) is not an event which is consistent with. the type of event described in this resolution; (iv) the event would interfere with normal City operations or services; or (v) upon receiving an unfavorable recommendation from any of the entities described in Paragraph 3, above. 5. The closing time for block parties approved by the Board shall be no Iater than 8:00 p.m. unless the Applicant presents evidence to the Board which the Board, in its sole discretion, believes is sufficient evidence to warrant the granting of a special exception to the 8.00 p.m. closing time. 6. If alcohol is to be served or sold at the event, the Applicant shall submit a Certified Check or Money Ordef in an amount stated on the Application and shall be required to provide the names and contact information for three (3) security guards employed by Applicant in order to monitor underage drinking. 7. All Applicants shall be required to comply with all rules and regulations stated on the Application, the related Pennit /Agreement and Instructions, as each may be amended from tinge -to -time, including, but not limited to, compliance with the City's noise ordinance. The Board may require the sponsor of any event for which approval is ranted to provide a certificate of insurance evidencing personal property damage insurance and liability insurance in an amount determined by the Board. In all such requirements, the City shall be named on the certificate as a co- insured. In addition, or alternatively, the Board may require that the sponsor indemnify and hold the City harmless from any and all damages, injuries, losses, claims or demands or costs which the City may suffer or incur as a result of any claims or actions arising out of the event. Applicant shall file the required certificate of insurance and /or indemnification agreement with its Application. 9. Nothing in this Resolution shall be construed to require approval by the Board, nor prevent the Board from imposing additional conditions or restrictions that the Board, in its sole discretion, deems necessary or desirable in carrying out the general intents and purposes of this Resolution. ADOPTED this � j day of ZOl I. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President f riJ �XE � � C . Carl' : Littrell, Mcmb7r f Donald E. I ks, Member EST: �___. nda M. Martin, CI k APPLICATION FOR USE OF AND BLOCKING OF ACCESS TO PUBLIC RIGHT-OF-WAY FOR A BLOCK PARTY ALL APPLICATIONS MUST BE RECEIVED BY THE BOARD OF PUBLIC VAT 'rV0 THAN FOUR 4 I WEEKS PRIOR TO THE DATE OF THE EVENT. THERE IS A NON- REFUNDABLE APPLICATION FEE OF $25.00 PAYABLE TO THE "CITY OF SOUTH BEND, INDIANA" TO COVER ADMINISTRATION COSTS FOR PROCESSING THE PERMIT. THE APPLICATION FEE MUST BE PAID AT THE TIME OF APPLICATION, Applicant Naive: Address: City: State: Zip Phone: Email: Date of Event _ 20 from Nance or Type of Event a.m. /p.m. to a.m. /p.m. Approximate Number of Attendees Location from to Street Name Goss Street Cross Street Please answer the following: • This event will be open to residents outside the immediate ❑ Yes ❑ No neighborhood. • All residents on the affected block have been notified. ❑ Yes ❑ No • This event will have music (live or other). [] Yes ❑ No + Payment of $25.00 fee payable to City of South Bend, Indiana included ❑ Yes ❑ No IF ALCOHOL IS TO BE SERVED OR SOLD Alcoholic beverages will be served ❑ Alcoholic beverages will be sold ❑ Certified Check or Money Order for $400.00 roust be submitted with application ❑ • Application cannot he processed without di,,posi't. + Deposit will he ren(med upon inspection ofevent area by the Board of Public Works•. Names and phone numbers of THREE security guards. ❑ • To monitor underage drinking. • Qualifications inust be listed (e.g. Of) =dut} police orfice), professio►trrl ,securih rcGrr,d, or ewnt APPLICANT). A drawing must be submitted showing: ❑ • Fencing around sen ?rng area. • Trash receptacle. o Ample trash receptacles oust be provided to ensure proper disposal vfrefuse. Temporary liquor license ❑ • Call the Alcohol & Tobacco Commission at (317) 232- 2430.1br more iifarmalion, • Applieittion cannot he processed without a copy of this license. Board of Public Works 1316 County -City Building RETURN FORM TO.- 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235.9251 a Fax: (574) 235 -9171 ST. JOSEPH COUNTY AIRPORT AUTHORITY SOUTH REND REGIONAL AIRPORT 4477 PROGRESS DRIVE, SOUTH BEND, INDIANA 46628 -5594 rFM_ PHONE: 574/233 -2185 FAX 574/239 -2585 www.sbncir.ccm April 19, 2011 Mr, John Voorde, City Clerk City of South Bend County -City Building / Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Lincoln Way West Vacation City of South Bend, Indiana Dear Mr. Voorde: I am requesting the vacation of a portion of Lincolnway West lying within the City of South Bend, Indiana, as representative of the South Bend Regional Airport. The purpose of the vacation of the real property is the relocation of Lincolnway West due to airport expansion. Original Lincolnway West is adjacent and within the airport property. It is in the interest of the City of South Bend and the airport to vacate this property. Based on these reasons, I hope that you will grant my request. Thank you for your consideration, and if you have any questions please feel free to give me a call. Sincerely yours, ST. JOSEPH COT,rNTY AIRPORT AUTHORITY 4 oh Schalliol E cutive Direct South Bend Regional Airport 4477 Progress Drive South Bend, IN 46628 Phone: (574) 233 -2185 x224 N ISIVa, APR 2I 2 i j FF i� 8 y�g F� ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Lincolnway West from Mayflower Road East approximately 1,400 feet STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common. Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A tract of land in the Southeast Quarter (1/4) of Section 32, Township 38 North, Range 2 East, more particularly described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence North 1 degree 17 minutes 33 seconds East, 1,321.54 feet* along said West fine of said Southeast Quarter; thence North 89 degrees 42 minutes 24 seconds East, 40.00 feet* to a point on the East right of way line of Mayflower Road; thence North 1 degree 17 minutes 33 seconds West, 835.94* feet along said East right of way line to the Southeastern right of way fine of Mayflower Road; thence North 59 degrees 52 minutes 21 seconds East 91.32 feet* along said Southeastern right of way line to the Southwestern right of way line of Lincoln Way West and the place of beginning; thence South 68 degrees 07 minutes 00 seconds East, 1,251.65 feet* to the existing City limits; thence North 100 feet, more or less along said existing City Limits to the Northeast right of way line of said Lincoln Way West; thence Northwesterly along the Northeast right of way line of Lincoln Way West to a point directly Northeast, measured at right angle, to the place of beginning; thence Southwest to the place of beginning. *Bearing and Distance quoted from Deed Record 795, page 548 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 Ill. The following property may be injuriously orbenefictaUvaffectgdbvouohvacating: St Joseph County Airport Authority District SECTION IV. The purpose of the vacation of the real property is the relocation of Lincolnway West due to airport expansion. Original Uncn|nmmy West b adjacent and within airport property. Itixinthe interest nf the City of South Bend and the airport to vacate this property. City Clerk ufAuo`= PUBLICME-AKING 3,6 READING NOT 4PPROWD REFERRED 9A5s[m Member of the uncil ' '_-J Presented by me to the Mayor of the City of South Bend, Indiana on the day of at o'clock m. City Clerk Approved and signed bvmeonthe day uf 20-------., at /ock.nm. Mayor, City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHT -OF -WAY (STREETS/ALLEYS) DATE: -4 ' 26 rya; 1 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. N/A B. THE STREET DESCRIBED AS: LincolnwaV West from Mayflower Road East approximately 1,400 feet NAME (signed & printed) ADDRESS LOT # 4477 a i4 o•i •- � a 4-► 13 c-,%j D ; --t� e . i 4 dab G'C.Lj, �89v -e-TdP- D tjC) p e LLC- '7—?—it S T ri 74-° 2,45- -1&&;,c� RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 71- C��- 3Z- �j.Cjl,.�ol, ® ®o -t)� 7I - ®3- CONTACT PERSON(S) NAME: J6HU �5c-tt A!-LiCL- Ex.c-c.Lj'-r,%16 Vii. G'rs�ay� ADDRESS: A l A �QRlr A 0,04 6 T-Y s� ` 4 7-7 Pgo ,4e6_ !G5 Dp-d v6- Q� �( BseryD � 10 4L6218 PHONE--6")4--- 2-33- 2-i & 5- HONE 6")4-. - 2-33- -2-i&5- M A ! L Tot St. Joseph County Airport Authority earrirrORT WAY rnt, AT, io$Kp.4 22965 U. S. 20 , South Band, Indiana 46:628 Trap ., . R" �- R IN DEED I Taxi, This indenture witnesseth that Paul S. Tuesley and Mae I. Tuesley, husband and wife of St. Joseph Caunty in the Stal. Indiana Convey and warrant to St. Joseph County Airport Authority District Unit. -,1,7.7 7�5 ^ 54 , 180653 of St. Joseph Counts- in the Slate of Indiana for and in eonsideruthm rrf Ten Dotlars and other good and valuable consideration the reecipt Own-of is hermit 411•k, welydged. thr f dloudng Real t,state in St. .Joseph ill the Stale of lndianrr, tr+ wit: County Subject to all taxes, assessments, covenants, restrictions and coseme,its of record, as well as an existing lease between. Crantors and Burkhart Advertising, Inc. for advertising structyres presently upon said remises. n Sitrnrd unit dated lhis_.. S rtrll nj. )(_ , .`" �7/ _., . 19-. . State of Indiana, St. Joseph County, ss: -V-� tlrfr+rn• un rrr „1 .tihrk•, prrxrurrftty Paul S. Tuesley. husband and wife _ _ '{ � •f.0 !;eat u,+n v pain S. Tuesleyr --� Seal 4rnl Mae I. Tuesley A parcel of land in the Southeast Quarter of Section 32, Town- ship 38 North, Range 2 Fast, St. Joseph County, Indiana, and more particularly described as follows: Commencing at the Southwest corner of said Quarter Section; thence North 1 degree 17 minutes 33 seconds Fast 1,321.54 feet along the West line Of said Quarter Section; thence North 89 degrees 42 minutes {`g .t4 seconds East 40.00 feet to the point of beginning of this V description, which point is on the East boundary of Mayflower r Road (S. R. 123); thence North 1 degree 17 minutes 33 seconds West 835.94 feet along said East boundary to the Southeastern boundary of Mayflower Road (,S. R. 123); thence North 59 degrees 52 minutes 21 seconds East 91,32 feet Along said Southeastern boundary to the Socrthwestern boundary of Lincoln Way West (U. S. 20); thence South 68 degrees 07 minutes 00 seconds East ( 1,251.65 feet along said Southeastern boundary; thence South l degree 06 minutes 44 seconds Fast 408.83 feet; thence South 69 degrees 42 minutes 24 seconds west 1,229.54 feet to the point of beginning. County Subject to all taxes, assessments, covenants, restrictions and coseme,its of record, as well as an existing lease between. Crantors and Burkhart Advertising, Inc. for advertising structyres presently upon said remises. n Sitrnrd unit dated lhis_.. S rtrll nj. )(_ , .`" �7/ _., . 19-. . State of Indiana, St. Joseph County, ss: -V-� tlrfr+rn• un rrr „1 .tihrk•, prrxrurrftty Paul S. Tuesley. husband and wife _ _ '{ � •f.0 !;eat u,+n v pain S. Tuesleyr --� Seal 4rnl Mae I. Tuesley Paul $, Tuesley and Mae I. Tueeley, husband And wife 180853 Of St. Joseph County in the Slat. Indiana Convey and warrant to St. Joseph county Airport Authority District a/ St. Joseph Could ill the State of Indiana for and in Ctrlrvirli'rtrtir,u X41 Ten DoIlars and other good and valuable consideration the rrrripi whereof iy herrirl• errknurt•fedAted. the fn!lnrring Rrnj h,,.vinte in St. Joseph County in the Strrlr of lfr,frrr,ra. Ir, rr•ft, A parcel of land in the Southeast Quarter of Section 32, Town- ship 38 North, Rnnge 2 Past, St. Joseph County, Indiana, and more pertieularly described as follows: Commencing at the Southwest corner of said Quarter Section; thence North 1 degree 17 minutes 33 :seconds East 1,321.54 feet along the west lint~ of said Qorhrter Section; thence North 89 degrees 42 minutes 24 seconds fiast 40.00 feat to the point of beginning of this desertlition, which point is on the East boundary of Mayflower Road (S. R, 133); thence North 1 degree 17 minutes 33 seconds Weat 835.94 feet along said East boundary to the Southeastern boundary of Navf lower Road (S. R. 123) ; thence North 59 degrees 52 minutes 21 seconds East 91.32 feet along said Southeastern boundary ti) rbe Southwestern boundary of Lincoln Way West (U. S. 20); thence South 68 degrees 07 minutes 00 seconds Fast 1,251.65 feat along said Southeastern boundary; thence South I degree 06 minutan 44 seconds Cast 408,83 feet; thence South 89 degrees tit minutes 24 seconds West 1,229.54 feet to the point of buginning. Subject: to all taxes, assessments, covenants, restrictions and eascrne.it,,; of record, as well as an existing lease between Grantors and Burkhart Advertising, Inc. for advertising StrugtyrrS presently upon said remises. Sip,ir'r1 and rioted this.... �J fi +lrr�• of . t {......t ,19 , State of Indiana, St. Joseph County, ss: r / seat iielrtn• nrP, the' rMrlr,: +npIt 1, R . \e+lrfr'1 t'aftir. NI r +'r t N +r Frrlrt t'u4f)f,Y P s. Tueele our/ tift,1 +•, t+rr..- ++,r+rllf• rrptr,v :rt•d y Paul S. Tuesley•and Mae t. Tttenley, husband and wife, Seat Mae I. Tues,ley F 1 �i 1 t 1e 1 6T: r"-ff � 'l� unrl the t•.rrr'rrriun n/ fill, /r W 1.4mi r rtrklt. � In witness wherrrrf. I herm,herr•ptio.ir.:arrihetl ,ns•nnrnr- nnd rrffyi 4v m1' nfficirrl rr,At, ire . l rtr,t.r':� / %/r 7 ni t Is f2 7 /!/ ^ . e 3 Asvo ;v PrN+� �� m .. i irfy rntamt ►dip irs�ti l%.C/ •' This inatrureent u4s.pr`eparra by Joseph V. Simeri, 1221 St. Joseph bank Building, South Bend, Mre,Brrsf.JwrptrCaudrylndk n17OPA"NA104 Indiana 46 601 F 1 �i 1 t 1e 1 6T: r"-ff � 'l� v r 7 1 Led c c c S 5 Q!-, c .,r wa Y -4, 11 0 im I t } � I , , oF "ke S ill US DY-Pass to a o r t o th e 1, i t of S ta t r) n bs 00 On I i S 0 - w, 1111 I C F Y I Ili _300 e0vt I I Ong al I lr.(-, I rLlaSurcd ric;!q iw `r?s to said 11op ,SAj,,ZR�D.-;1,, 10 a !mint 1`,o fi2et ,0 thia lf!7t of ic,", P;WO 'which roint. is -in Vor herly fif:IitQ,(i -Iccfrss 1-ilil't of '.,Z:v line Of LIA20 fi C F aul.hr•astl:Yly j i , 1 1 4 lilAted ircoss right Of ,,,,iy n e 0 V p ;,P1.; C E Scluthc.istcrly arros� 1% 1� I. ,, m a. Erie Parallel to and 140 fc,,,?t 41f sa.ld T i;.,(? to a point on the N s t , I"l-ly rir):It of 1-WQ of, Put'e-l-nut Qcad, this pofilt being a I % 0 o1'1 1172 riijht of way jil-ic ()f sjid US'J20 Ili a' Snut,*,,easterly along the Northorly right Of wray line of said (1920 to a Point :',0 fot!L to the li2ft of Stot lon 103460 On s I-P i ci I i rte " S . - [ j 5 TR ? 0 -. ll " Lo S:,j(j Jill, U Ae S R G' 155 fout wcrc or lfss to a poifit on 5cwLh,erly righ of i•,,ay 111w of MU0, •vhich point is also in 4hi, [,rrly right of way I inc SR 123 ,%.nd S,)utli:!rly Momj tho Fi�terly right of .-;F.qy 14no 1�3 0 SR 1) feat ' 0 . , i d o !<:2 1 1 c - r S L r e o t I L-4c, d;,i- FiIst alnng ,mld ci%raterline of Kellor Strcot proposed a -19.54 to the Airport property Eis' lire ir -(� 0 � 7 2, 1 L d 'tm- ;,Iof"(j Jri_lfs `r1mr, pr;)prt;rty Fast I and said Filst line -svction vii 0 i.,,;e %rtfierly rizjhl, of ;i�ay C- >, L j or,,�j 1:() in tui 'P, I I �&ICE Sottrloasturly allonc. ,;ai(4 i1iortheirly ritiblL =•,,ay ilne of U5R20 • to a point 269 fret more or less I-l'--st of %he a lido 0, thi; of I- hr, 1 33, To 1p 33 L �,wjt�r.,,Ist 1/1 of Soctlon , � 11 , Ncr:h, Rarige 2 East uMch point is -ir; Lho. present City I imits. lire T W, L a I c. I I q t. 11 c, p r r: i -� t C 1 1 Y I imits line as dosrribed in Pirts of annc)".- t;ol Or na c 0S 60,118 °1 "18 43141960 5113-1969 to the point- of Loginning. Cn!it,)ininq 2528 ;!Crps Or 3.95 square mfl,�s, all in Sec! ' -ion IS, 19, 20, 21, 22, 27, 28, 29, 30, 5 Uo 31 , 112 eo! 33 -11,. Toi-insli i p 33 (!,�.r nth, R� nvc 2 Fa t , St - ep County, Jndlalla of 4 A- C4: Filed in Clork,*4 Uff APR JOH orffrY CLER 0 100 200 400 600 800 Feet LEGAL DESCRIPTION- LINCOLN WAY WEST VACATION: A tract of land in the Southeast Quarter (1/4) of Section 32, Township 38 North, Range 2 East, more particularly described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence North 1 degree 17 minutes 33 seconds East, 1,321.54 feet* along said West line of said Southeast Quarter; thence North 89 degrees 42 minutes 24 seconds East, 40.00 feet* to a point on the East right of way line of Mayflower Road; thence North 1 degree 17 minutes 33 seconds West, 835.94* feet along said East right of way line to the Southeastern right of way line of Mayflower Road; thence North 59 degrees 52 minutes 21 seconds East 91.32 feet* along said Southeastern right of way line to the Southwestern right of way line of Lincoln Way West and the place of beginning; thence South 68 degrees 07 minutes 00 seconds East, 1,251.65 feet* to the existing City limits; thence North 100 feet, more or less along said existing City Limits to the Northeast right of way line of said Lincoln Way West; thence Northwesterly along the Northeast right of way line of Lincoln Way West to a point directly Northeast, measured at right angle, to the place of beginning; thence Southwest to the place of beginning. *Bearing and Distance quoted from Deed Record 795, page 548 p t s 4 0 2$ �' x N ,022 061-16rr b _ t Blvd Oz� 01:2 0662 025 -i 022 -0684 fL )004-1022-038907 1+ 004- 1022 - 037801 0 100 200 400 600 800 Feet LEGAL DESCRIPTION- LINCOLN WAY WEST VACATION: A tract of land in the Southeast Quarter (1/4) of Section 32, Township 38 North, Range 2 East, more particularly described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence North 1 degree 17 minutes 33 seconds East, 1,321.54 feet* along said West line of said Southeast Quarter; thence North 89 degrees 42 minutes 24 seconds East, 40.00 feet* to a point on the East right of way line of Mayflower Road; thence North 1 degree 17 minutes 33 seconds West, 835.94* feet along said East right of way line to the Southeastern right of way line of Mayflower Road; thence North 59 degrees 52 minutes 21 seconds East 91.32 feet* along said Southeastern right of way line to the Southwestern right of way line of Lincoln Way West and the place of beginning; thence South 68 degrees 07 minutes 00 seconds East, 1,251.65 feet* to the existing City limits; thence North 100 feet, more or less along said existing City Limits to the Northeast right of way line of said Lincoln Way West; thence Northwesterly along the Northeast right of way line of Lincoln Way West to a point directly Northeast, measured at right angle, to the place of beginning; thence Southwest to the place of beginning. *Bearing and Distance quoted from Deed Record 795, page 548 1316 CouNrY -0ir Bv- ii.nNG 227 W. JEFFERSON Bo€JLLvAm SOUTH BLJ\10, INDIANA 466€3.1 -1830 C.I'IY OF Sc)u -p-H BEND oAR.D or, Mr. Jim Lietzan DLZ Indiana, LLC 2211 East Jefferson Boulevard South Bend, Indiana 4661.5 STEPHEN J. LUC'.KE, MAYOR PUBLIC WORKS April 25, 2011 PHONE 5741235 -9251 R, x 574/ 235 -91.7I RE: Alley Vacation — Lincoln Way West between City Limit Lines West of Terminal Drive and East of Mayflower Road (Preliminary Review) Dear Mr. Lietzan: The Board of Public Works, at its April 25, 2011, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, fire Department, Police Department, Solid Waste Division and the City Attorney's Office. 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 riot .hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of public right of way by the neighborhood in which it is located or to which it is contiguous. Community & Economic Development stated that they have no objection to this vacation as long as the needs of adjoining property owners are met, especially those currently living in the area or were forced out of their trailer homes. Please contact Torre Molnar at (574) 235 -9254 prior to picking up your radius map. 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, Lind6 M. Martin, Clerk Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARY A. GlLOT, P.E. DONALD E. INKS C uu- P. LITTRELL Pxrsmr.N�r MrmBf -:a MEMBER INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/7/2011 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (jj2 orni@co.st- jqs�h.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (12mgriffin anisource.com) (FYI Only) FROM: Linda M. Martin, Clerk �_;AyL-f SUBJECT: REQUEST FOR RECOMMENDATION - STREET VACATION APPLICANT• DLZ Indiana, LLC for the ST. Joseph County Airport " Authority U.S. 20 between City Limit Lines West of Terminal Drive and LOCATION: East of Mayflower Road DATE DUE: 4115/11 FAX OR E -MAIL TO: 235-9171 / Imartin@southbendin.go�r RECOMMENDATIONS AND COMMENTS: By �/ Dated I' r INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 41712011 TO; Andre Price, Solid Waste Bob Mathla, Community & Economic Development Carl Littreli, Engineering Department Chris Oressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byomi, Area Plan Commission (ibvorni @_co_.st- ioseph.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attomey's Office Phil Griffin, NIPSCO (m riffin nisource.com) (FYI Only) FROM, Linda M. Martin, Clerk �Y - SUBJECT: REQUEST FOR RECOMMENDATION - STREET VACATION DLZ Indiana, LLC for the ST. Joseph County Airport APPLICANT: Authority U.S. 20 between City Limit Lines Vilest of Terminal Drive and LOCATION: East of Mayflower Road DATE DUE; 4/16/11 FAX OR E -MAIL TO., 236-91711 Irnartin@southbendin.90 RECOMMENDATIONS AND COMMENTS: I have no objection to this vacation request so long as the needs of adjoining property owners are net. This is particularly important for and ineant for those who currently live in or were forced out of their trailer homes. By �,�r°'� 6��r,.° ` Date Z If Page I of 1 Jennifer Corle - Re: St Joseph County Airport Authority From. To . Date: Subject: Attachments: Chris Dressel Jennifer Corle 4/8120118-13 AM Re: St. Joseph County Airport Authority Recommended for approval. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574-235-5847 Fax: 574-235-9469 cdressel(d)southbendin.gov >>> Jennifer Corle 4/7/20113:21 PM >>> Please forward your recommendations as soon as possible. file://C.:\Docurnents and Settin-asUCORLDLocal Settings\TemD\XPert)wise14D9EC38CS4... 4/8/2011 Page I of 1 Jennifer Corse - Re: St= Joseph County Airport Authority From: Andre Price To: Jennifer Corle Date: 418/20117:53 AM Subject: Re: St. Joseph County Airport Authority This will not affect city of south bend trash collection. Andre Price City of South Bend Manager of Operation Solid Waste Dept. 574 - 277 -8823 ext. 61 file: / /C:1Documents and SettingsUCORLEToeal Settings \Ternp\XPgrpwise14D9EBF04SO... 4/8/2011 Page 1 of 1 Jennifer Come -ire: St. Joseph County Airport Authority (From: Federico Rodriguez To: Jennifer Corte Date: 4/8/20118:28 AM Subject: Re: St. Joseph County Airport Authority Approved S.B.F.D Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,1n. 574235 - 7564(0) 574 - 235- 9305(F) frodri u southbendin. ov >> > Jennifer Corte 4/7/20113:21 PM >>> Please forward your recommendations as soon as possible. fits IIC' 1T?ncnynPniG Finn IRettinfY- AJCORT.F\I.ocal Settings \Temn\XPgmwisel4D9EC713S0._. 4/8/2011 (4/11/2011) Jennifer Carle - Fte: St. Joseph County Airport Authority From: Stephen Goen To: Jennifer Corte Date: 4/11/20117:16 AM Subject: Re: St. Joseph County Airport Authority No Objections, you can not get to that part of the road anyway. This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 »> Jennifer Corle 4/7/20113:21 PM a» Please forward your recommendations as soon as possible. Rage 327 W. JEFFERSON BLVD ROOM 1 f40 COUNTy -CITY BLDG. SOUTH aENO, INDIANA 466()1 (574) 235 -9571 April 13, 2011 City of South Bend Board of Public Works 1316 Floor, County -City Building South Bend, Indiana 46601 I.dE: Right -of -Way Vacation Applicant: St. Joseph County Airport Authority Vacation of U.S. 20 between City Boundary 'West of Terminal Drive anti Fast of Mayflower Road Dear Board Members; The staff has reviewed this petition. It is the staffs 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. The vacation of this roadway will allow the airport the ability to extend its north - south runway, and will therefore assist in the development of the adjacent property, Also, this portion of U.S. 20 within the right-of-way to be vacated no longer exists due to the relocation of the highway to the south. (2) The vacation would not make access to the lands of the aggrieved person by rneans of public way difficult or inconvenient. The portion to be vacated does not provide any immediate access to any of the adjoining properties. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. The portion to be vacated does not provide access to any church, school or other public building or place. Access to the airport will be maintained via Lincoln Way and Lexington Avenue I Terminal Drive to the east. SERVING, ST. JOSEPH COUNTY. SOUTH BEND, LAKPVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & PoseLAND Ww . stjos epheountyindiana.conVAF•e ,aplan (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. East -west through access will be maintained via the relocated US. 20 to the south. Due to the above stated reasons, the staff recommend& that the proposed right -of -way vacation be approved. Please contact our office if you have any questions or need any additional information_ Sincere D erek Spier, ATCP P = Planner E WACATIONS1201110tylU.S. 20 Souih ofAirport.doc ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTHISOUTH ALLEY EAST OF MICHIGAN ST., FROM DAYTON ST. SOUTH TO THE FIRST EASTfWEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEY TO BE VACATED IF THE FIRST NORTH /SOUTH ALLEY EAST OF MICHIGAN ST., FROM DAYTON St. SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET 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: 018- 7043 -1683 113 Dayton 018- 7043 -1688 114 Dayton SECTION IV. The purpose of the vacation of the real property is to fence in the yard and also to get cars off the street and improve the look of the yard. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Cou it Attest: Ci6od City Cleric Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of 2 , at o'clock . M. Mayor, City of South Bend, I st READING r:. � — t � PUBLIC lit, it; rd READING NOT APPROVED REFERRED PASSED _,_,___,__,_, . ... i Clerk- Office PETITION! TO VACATE PUBLIC RIGHTS- OFAAY (STREETS /ALLEYS TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. -ruc %i a izv ncce oja t :n ec. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS oki, X1 -V LOT # CONTACT NAME: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK ROOM 455- COUNTY -CITY BUILDING SOUTH BEND, 574 -23 in fo!wk's Office V ®NI=: 1 r JOHN VOORUE. CITY CLERK, SOUTH SEND, `'ell 74-/.. i 0._f.' n h 9.I8- 7042 -1653 018 -7 42- 854 x Y -.1 1 f / 118- 7042 - 165501 I e ^tin - 7 ti R """�N r � C, r e A a p _m O � N O p f� 11 Ip R 4 •" r p p RI DAYrON Or / S, t 4 ALLEY VACATION The alley to be vacated is the first North /South alley East of Michigan Street, from (Dayton S reet South to the first East /West alley or a distance of 137 feet eet and a width of 14 feet, bung a part of Dubail'sSecond Addition to the City of South Bend, St. Joseph County, Indiana. -11. 1316 COUNTY -CITY BUILDING 227 WW, JFYPrASON SOULEVARr) SOUTH BLND, Zhu ?ANA 46601 -1830 Mr. Randy Gilleand 114 Dayton Street South Bend, 46613 CITY OF SOUTH BFND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS April 11, 2011 PHONE 574/235-9251 FAX 5741235 -91.71 TDD 5741235 -5567 RE: Alley Vacation -- North Half of the First North/South Alley South of Dayton Street and North of Milton Street between Michigan Street and St. Joseph Street (Preliminary Review) Dear Mr. Gilleand: The Board of Public Works, at its April 11, 2011 meeting, reviewed favorable comments from the Area Plan Commission, Economic Development, and the Police Department regarding the above vacation request. The following comments and unfavorable recommendations were submitted: Engineering stated that I &M Electric has a pole -line in the alley and will retain an easement in the vacated alley. The easement will pre -empt development of a garage within the easement. Engineering noted that the homeowner would be responsible for paying the fee for I &M to review the relocation, and an additional fee to relocate the pole and line. The Fire Department recommended denial and stated the closest fire hydrant is on the corner of Milton and Michigan for structures at the cross of the alleys. Please contact To Molnar at 574 235 -9254 orior to ickin n our radius nja . 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, r Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboozn, City Clerk's Office Carl Littrell, Engineering GARY A. Gil -DT, P.E. DONALL) E. INKS CARL P. LITTRFLL PRESIDENT MEMBER MF.MFFP i Q t 2 i L- ---4 3� J $ It h\i 0) n w , c*P 69 t o t m m M save � pr Q � J+7 °m Ea rs a .OVA M save � pr m tyi .OVA om CS tea• O h - INTER- -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3!812011 TO: Andre Price, Solid Waste L,- ob Mathia, Community & Economic Development L.,C.arl Littrell, Engineering Department his Dressel, Community & Economic Development �,. derico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development Lxd'ohn Byorni, Area Plan Commission (Lb orni co.st- ioseph.in.us or 235 -9813 fax) L-Siephen Goen, Police Department Cheryl Greene, City Attorney's Office A,"Phil Griffin, NIPSCO (pmgriffin(O- nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk &Li _ SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: Dandy Gilleand The North Half of First North /South Alley South of Dayton LOCATION: Street and North of Milton Street, Between Michigan Street and St. Joseph Street DATE DUE: ASAP FAX OR E-MAIL TO: 235-91711 ImardftCasouth bend in.go RECOMMENDATIONS AND COMMENTS: By -- -- _ Date From: Nancy Schrader To: Memo- Vacations Dace: 3/8/2011 13:59 AM Subject: Alley Vacation Recommendation ASAP - Dayton Attachments: S45C- 511030812560,pdf Please provide your recommendation as soon as possible. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235.9251 Fax: (574) 235 -9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS GATE SENT: 3/e12011 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission 'b orni eo,st- 'ose h.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO { m riffin nisourceom) (FYI Only) FROM: Phil M. Martin, Clerk ` SUBJECT." REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Randy Gilleand The North Half of First North /South Alley South of Dayton LOCATION: Street and North of Milton Street, Between Michigan Street and St. Joseph Street DATE DUE: ASAP FAX OR E -MAIL TO: 235 »9171 i lrnartin@a southbendjn_gov e'. ♦ `r/ r f / i Imo• i r / ' * r s r �r r / From: Federico Rodriguez To: Nancy Schrader Date: 3/8/20113:09 PM Subject: Re: Alley Vacation Recommendation ASAP - Dayton Denied S.B.F.D. The closes hydrant is on the corner of Milton and Michigan If we need water supply for structures at the cross of the alleys. Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept, 1222 S. Michigan Street South Bend,In. 574 - 235 - 7564(0) 574 - 235- 9305(F) frodria u@ south b en d 1. n , gov >>> Nancy Schrader 3/8/2011 11 :58 AM >>> Please provide your recommendation as soon as possible. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 This message may contain confidentiat and /or proprietary information and is intended for the person /entity to whore it was originally addressed. Any use by others is strictly prohibited. From: Chris Dressel To: Nancy Schrader Date: 3/9/20119:14 AM Subject: Re: Alley Vacation Recommendation ASAP - Dayton Attachments: Chris Dressel.vcf CC: Jeff Gibney I recommend for approval. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development: 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574 -235 -5847 Fax: 574 -235 -9469 cdressel(ftouthben ! .aq_v »a Nancy Schrader 3/8/2011 11:58 AM >>> Please provide your recommendation as soon as possible. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (5741235 -9251 Fax: (574) 235 -9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed, Any use by others is strictly prohibited. From: <pmgriffin@NiSource.com> To: "Nancy Schrader" <NJSCHRAD@southbendin.gov> Date: 3/8/2011 1:39 PM Subject: Re. Alley Vacation Recommendation ASAP - Dayton Nancy, NIPSCO does not have any gas facilities in this section of alley that is proposed to be vacated. Therefore, no objections. Thanks, Phil G. Philip M. Griffin NIPSCO Project Engineer 11 Office Phone: 574 -284 -2214 Mobile Phone: 574- 220 -3804 FAX: 574 -284 -2220 "Nancy Schrader" <NJSCHRAD@southbe ndin.gov> To <jbyorni @co.sf joseph.in.us >, 03/08/2011 11:58 <pmgriffin @nisource. corn >, "Andre AM Price" <APRICE @southbend4n.gov >, "Chris Dressel" <CDRESSEL @southbendin.gov >, "Cheryl Greene" <CGREENE@south bond in.gov >, "Carl Littreil" <CLITTREL @southbendin.gov >, "Federico Rodriguez" `frodrigu@southbendin . gov >, "Jeff Gibney" <jgibney@southbendin.gov >, "Robert Mathia" <RMATHIA @southbendin.gov >, "Stephen Goen" <SGOEN@southbendin.gov> cc "Nancy Schrader" <NJSCHRAD @soufhbendin.gov> Subject Alley Vacation Recommendation ASAP - Dayton From, Stephen Goen To: Nancy Schrader Date: 3/8/20111:32 PM Subject: Re: Alley Vacation Recommendation ASAP - Dayton approved This message may contain confidential and /or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co- Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Nancy Schrader 3/8/2011 11:58 AM >>> Please provide your recommendation as soon as possible, Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235,9171 This message may contain confidential andlor proprietary information and is intended for the person /entlty to whom it was originally addressed. Any use by others is strictly prohibited. INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS FAX OR E -MAIL" TO: 235-91711 Itnart,!'n@southbendin.gov RECOMMENDATIONS AND COMMENTS; T have no objection to fbis vacation request so long as the needs of adjoining property owners are met. By u- - - 4 Date DATE SENT: 1/812011 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl L.Ittreil, Engineering Department . Chris Dressel, Community & Economic Development Federico Rodriguez, s=ire Department Jeff Gibney, Community & Economic Development John 13yorni, Area Plan Commission ab orni cn.st- toseph.in.us or 235 -9813 fax) Stephen Goers, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m riffin nfsource.com) (FYI Only) FROM: Linda M. Martin, ClerkIvt -- SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT, Randy Gilleand The North Half of f=irst North /South Alley South of Dayton LOCATION: Street and North of Milton Street, Between Michigan Street and St. Joseph Street DATE DUE: ASAP FAX OR E -MAIL" TO: 235-91711 Itnart,!'n@southbendin.gov RECOMMENDATIONS AND COMMENTS; T have no objection to fbis vacation request so long as the needs of adjoining property owners are met. By u- - - 4 Date INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: X1812011 TO: Andre Price, Solid Waste Bola Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (ibyorniaco,st- ioseph.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riff n nisource.com) (FYI Onty) FROM: Linda M. Martin, Clerk r ;:'. ... SUBJECT: � � REQUEST FOR RECOMMENDATION -- ALLEY VACATION APPLICANT. Randy Gilleand ;✓ � `_,,. ; The Forth Half of First North /South Alfey South of iaytgn LOCATION: Street and North of Milton Street, Between Michigan Street and St. Joseph Street DATE DUE: FAX OR OR E-MAIL TO: . 35 -9171 1 Imartin southbendin, ov RECOMMENDATIONS AND COMMENTS: i.j By --.—Date l r . 4 JOHN W. BY©RN1 EXECUTIVE DfREC -ror, LARRY MAGLIOZZ1 DEPUTY DIRECTOR FLEA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 22:7 VV JEFPERSON BLVD], RC}t7M 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (S74) 235 -9571 March 10, 2011 City of South Bend Board of Public Works 131b Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Applicant; Randy Gilleand Vacation of the North Half of the .First North/South Alley South of Dayton Street and .North of Milton Street between Michigan Street and St. Joseph Street 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, The petitioner requesting the vacation currently owns both the adjacent parcels to the west and east of the alley to be vacated and plans to construct a detached garage adjacent to or within the vacated area, Due to this ownership and construction of the proposed garage, the proposed alley vacation would not restrict any future growth or development of the adjacent lots or neighborhood. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient, Access to the adjacent properties to the west and east will not be restricted since they are both owned by the petitioner, The vacation will essentially make the existing public alley a private drive for the petitioner, In addition, access for public services within the neighborhood (garbage and recycling collection, etc) will be maintained via the north -south and east -west alleys located to the south. (3) The vacation would not hinder the public 's access to a church, school, or other public building or place. The alley to be vacated does not provide access to any church, school, or public building or place. SERVING: ST. JOSEPH COUNTY. SOUTH BEND? LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, O5CEOLA & iiOSELAN(7 www.sejasapis co�� n±yin d i�na. comlAreapi an (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 use of all adjacent public ways will not be hindered by the vacation of this alley, The north -south and east -west alleys located to the south will continue to provide access to any adjacent rear yard garages and for public services. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional infornnation, Sincerely, Derek Spier, AICP Planner E.• iV4CA T10NSi 24 11iCiryiNha(rofNS.4lleySofDayton do N of Milton $twn Michigan & Main,doc [ A _P ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1507, '15'13, 1517, 1521 SWYGART AND VACANT LOTS 246, 247 AND 249, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The subject property is composed of nine lots, north to south, zoned SF2, with one two- bedroom house at the south end of the property, currently rented, and is adjacent to nine lots to the west, which lots are currently zoned LI Light Industrial. With the exception of the two- bedroom house, all of the above described property presented for rezoning is vacant land and is enclosed by fencing, and for approximately fifteen years has been used as a towing and storage yard. The current tenant who operated the owing service has moved, and I wish to rent the above described property for storage of steel containers. The house will be vacated and torn down after rezoning. There are no residential homes north or west of the above property, and only two residential homes east on Swygart Avenue. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots numbered Two - Hundred Forty -Six (246) through Two Hundred Fifty -Four (254), inclusive, as shown on the recorded plat of Oliver's' Second Addition to the City of South Bend. be and the same is hereby established as LI Light Industrial. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. V I., Member of the Common Co ncil Attest: op , City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed `by me on the day of 2 , at o'clock . M. 1st PEADING .-�- -n PUBLIC HEARING 3 rd R1:,AMNG NOT APPROVED UEFERRED PASSED Mayor, City of South Bend, Indiana Flied In :..< Clerk's O MAY JOHN VOORDE MY CLERK, SOUTH BEND, IN Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is Located at: 1507, 1513, 1517, 1521 SWYGART AVENUE & LOTS 246, 247, & 249 OLNERS 2ND 2) Name and address of property owner(s) of the petition site FREEDOM REALTYS, LLC 55650 PINE ROAD P. O. BOX 3325 SOUTH BEND, INDIANA 46619 3) Name and address of contingent purchaser(sl if applicable: NONE 4) It is desired and requested that this property be rezoned from SF2 SINGLE FAMILY & TWO FAMILY DISTRICT to LI LIGHT INDUSTRIAL DISTRCT 5) This rezoning is requested to allow the following use(s): TO RENT FOR STORING STEEL CONTAINERS 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of an property owners and the tax key numbers for an properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8%2" x 11" format. TYS, PETITION PREPARED BY: EDWARD G. SARA 55650 PINE ROAD P. O. BOX 3325 SOUTH BEND, INDIANA 466 574289 -7272 ed�ansar ��doLxel.net f/ k �/ -, DATE SIGNED 1 i jPr °, � officc RD CITY CLERK, SOUTH END. IN FILED MAY 0 4 2011 AREA PLAN C0114N�f�L./SS/y1/0! i Ell \IVAf{qj- ..-J.-SIL Ap I-- Ir-A Ir qO FEE T eels County Parcels Rec PARCELID NAME-1 MAILINGADD MAILINGCIT MAI LIN MAUI NGZIP 1.018- 8050 -2044 FREEDOM REALTYS LLC IPO Box 3325 South Bend IN 46619 2 018 -8p51 -2053 KEPES JOSEPH S JR 1802 Coachmans Trt South Bend IN 46637 3 018 -8021- 084101 IUS SCRAP LLC 13357 S Justine Chicago IL 60615 4 018- 8058 -2306 IMARSHALLKATHYI 126344 Wayne CI South Bend IN 46619 5 C18 -8058 -2307 GAMMAGE ANDRE & BATTEAST WILLIAM L IP O Box 1$62 South Bend fN 46634 6 018- 8058 -2308 IStEBERT KRISTIE L 11422 W Indiana Av South Bend IN 46613 7 018 - 8058 -2u09 MASCORRO GERARDO H AND GUADALUPE 11418 Indiana Av 41Bend Mishawaka 46614 81016-8058-231 - 1 HOME BUYERS LLC P O BOX 2544 11325 W Indiana Av 68Q 9'418- $058 -2312 WOOLDRIDGE RIC K ALLEN & SHELLIE D HELD AS JT W /FRGS & NOT AS TIC 11406 W Indiana Av South Bend THOMAS NORMAN E 13 10 01- 80'58 -2313 NAJA R JOSE R & PACHECO ERIKA M 11402 W Indiana Ave South Bend IN 46613 111018-8058-23 SLOMA JEROME & LINDA SLOMA 1328 W Indiana Ave South Bend IN 46613 12 018- 8058 -2317 IROBISON LU ANN 183OS38 .. th St South Bend IN 46615 13 018 -8058 -2293 JABULEHIEH MOHAMMED A 11419 W Indiana Ave South Send IN 46613 14 018 8: >1 22 �4 CULP ROBERT 125936 Pack Trail South Bend IN 46628 151018-8058- 2295 ICLEMONS LEON & MATTIE 11817 S Warren St South Bend IN 46613 16 018 - 8058 -2296 OKRAH KWADWOSEE TRANS NOTES 13009 REMINGTON CT APT C Mishawaka IN 46545 17 018- 8058 -2297 BALDERAS EFRAIN & DORALUZ SOLIS- BALDI_Rr;S 1401 W Indiana Av South Bend IN 46613 18 i18 -8058 -2298 BALDERAS EFRAIN & DORALUZ SOLIS- BALDERAS 11401 W Indiana Ave South Bend IN 1 46613 191018-8058-2299 OLINGER DAN 1517 Behney Ave Mishawaka IN 46544 20 018-8058 -2300 � THOMAS NORMAN & MARIE 11325 W Indiana Av South Bend IN 46613 21 "1118- 8058.2301 THOMAS NORMAN E 11321 W Indiana Av South Bend IN 46613 22 018- 8058 -2302 ALVAREZ LETICIASEE TRANSFER NOTES 1317 W Indiana Avenue South Bend IN 46613 231018-P-058-2-',14 a 01 B- 8058 -2316 J -8050 -2002 r.� I 26 018- 8051 -2062 27 1 01,-i -8050-2034 28 018- 8051 -2052 29 018- 8051 -2055 30 018- 8051 -2063 L31 i 01 x,.3058 -2333 32101 e� 8050-2028 331018 -8050 -2029 34 016- 8058 -2291 35'018- 8056 -2292 36 01& -8050 -2045 37018,8050 -2043 381018.5050 -2042 39 018- 8051 -2064 40 018 -8051 -2056 FRANKLIN KEVIN 21850 Belkay Or South Bend IN 4662 HUETTL ROBERT & PATRICIA 1525 Webster South Bend IN 4661' FREEDOM REALTYS LLC PO Box 3325 South Bend IN 4661E SEAN HOFFMAN REALESTATE HOLDINGS LLC 1646 Linco €nway South Bend IN 46613 FRANKLIN RICK 1215 E Jefferson Mishawaka IN 46544' HUETTL ROBERT & PATRICIA 1525 S Webster South Bend IN 46613 IJUAREZ JOSE S & LEYVA DORA 30777 Springfield Ct Granger IN 46530 ISIMERI INVESTMENTS INC 1505 W Indiana Ave South Bend IN 46613 ISIMERI INVESTMENTS INC 1505 W Indiana Ave South Bend IN 46613 BILL BATTEAST LLC PO BOX 1862 South Bend IN 46634 MAYEN LUBIA E 2607 Dunham St South Bend IN 46619 FREEDOM REALTYS LLC PO BOX 3325 South Bend IN 46619 FREEDOM REALTYS LLC PO Box 3325 South Bend IN 46619 FREEDOM REALTYS LLC PO BOX 3325 South Send IN 46619 TANKERSLEY JACK A 1533 Webster St South Bend IN 46613 FRANKLIN RICK 121E - Jefferson Mishawaka IN 46544 1411018-8051-2065 FREEDOM REALTYS LLC NAVARRETE ISIDRO & ALICIA 1706 Jackson St South Bend IN 4661.3 421018-6050-2019 SIMERI REALTY LLC 11605 W Indiana South Bend IN 46613 43 018 -8051 -2054 MONIQUE INC 3019 S Michigan South Bend IN 46614 44 018- 8051 -2061 MANNING SARAH T 622 E Sample St South Bend IN 46601 45 018 -8050 -2030 FREEDOM REALTYS LLC PO Box 3325 South Send IN 46619 46 018- 8050 -2039 FREEDOM REALTYS LLC PO Box 3325 South Bend IN 46619 SMART GUYS LLC 2512 Lincolnway West Stet Mishawaka €N 46544 51 018 -8050 -2012 47 018 - 8051 -2046 FREEDOM REALTYS LLC PO BOX 3325 South Bend IN 46619 JONES HEUPHERT T AND 481018 -8051 -2057 MAGNOLIA DEAN 1505 Webster South Send IN 46637 SEAN HOFFMAN REALESTATE HOLDINGS 49 018 - 8051 -2051 LLC 1646 Lincolnway South Bend IN 46613 50 018. 8051 -2060 SMART GUYS LLC 2512 Lincolnway West Stet Mishawaka €N 46544 51 018 -8050 -2012 COFFY JEAN WILLNER 1515 Walnut South Bend IN 46613 52 016- 8050 -2040 FREEDOM REALTYS LLC PO Box 3325 South Bend 1N 46619 MAULLER DOLORES A 112 1 N AND ESTATE OF HAROLD C PERSONETTE 53 018- 8051 -2049 1/2 3905 Irish Hills Dr Apt 10 South Bend IN 1 46614 54 018 -8051 -2058 SANDOVAL RAMON 1327 Dunham St South Bend IN 46619 55 018- 8050 -2046 56 01$ -8Q50 -204? 57 018 - 8050 -2041 FREEDOM REALTYS LLC jP0 Box 3325 South Bend IN 1 46619 58018-80 . 51-2050 SEAN HOFFMAN REALESTATE HOLDINGS LLC 11646 Lincolnway South Bend IN 46613 59 018 -8051 -2059 SMART GUYS LLC 12512 Lincolnway West Ste 1 Mishawaka IN 46544 601018-8021-084108 US SCRAP LLC 3357 S Justine Chicago IL 60605 61 018 -8021 -084501 SOUTH BEND YOUTH HOCKEY INC & A &F REALTY 1421 S Walnut St South Bend IN 46619 62 018 -6058 -2315 SLOMA JEROME & LINDA SLOMA 1328 W Indiana Ave South. Bend #N 46613 63 018-8058 -2303 COOREMAN REBECCA L 1305 W Indiana South Bend IN 1 46613 Filed in Clarks Offle'N...' MAY -4 200 JOHN VOORE CITY CLERK, SOUTH SEND, R -4 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "SF -2" Single Family and Two Family District and will be changed to "Ll" Light Industrial District in order to construct a truck parking and loading area for the business located to the West of the subject parcel. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot No. 1, Voorde Park Minor Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana be and the same is hereby established as "Ll" Light Industrial District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. _ -1- V) . r ; ,/\ Member of the Common Council Attest. Hdourd cG d6h E on City Clerk May 4, 2011 Common Council of the City of South Bend, IN County —City Building South Bend, Indiana 46601 RE: Rezoning of Lot 1, Voorde Park Minor Subdivision TO WHOM IT MAY CONCERN: Please consider this request to rezone Lot 1, Voorde Park Minor Subdivision from "SF -2" Single and Two Family District to "Ll" Light Industrial District. The City of South Bend has determined that this parcel is surplus land and anticipates selling the rezoned property to the existing business immediately West to be used for truck parking and loading at their facility. The current uses in the area are Industrial North and West of the subject property, residential to the South and Voorde Park on the East. The planned parking /loading area is on the Northerly portion of the property, away from the residential properties to the South. This request for rezoning will allow for the expansion of an existing business. Approval will not be injurious to the public health, safety, morals and general welfare of the community. The use and value of the area adjacent to the property included in the request to rezone will not be affected in a substantially adverse manner. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property and hinder expansion of the adjacent business. Sincerely, Edward M. Fisher (Filed in g .' Mp' ?. p F eels County Parcels Rec PARCELID NAME-1 MAILINGADD MAILINGCIT MAI MAILIN LIN GZIP 1 018- 2185 - 694201 WEST JAMES J 1649 N Illinois St South Bend IN 46628 2 018-2186-6992 SMITH BEVERLY A 54619npear Rd South Bend IN 46628 SECRETARY OF HOUSING AND URBAN 3 018 - 2185 -6942 DEVELOPMENTSEE TRANSFER NOTE 4400 Will Rogers Pkwy Ste 300 Oklahoma City OK 731[}8 4 018- 2186 -7004 CZERNA SHIRLEY 1634 N Illinois St South Bend IN 46628jj 5 018 - 2186 - 6993 BAUGHMAN KATHY 1647 Wellington South Bend IN 46628 6 018 - 2186 -7000 LANE JAMES D 1636 N Illinois St South Bend IN 46628 7 018 -2186 -7001 KOSINSKI EUGENE M & PATRICIA B 1639 N Wellington St South Bend IN 45628 8 018 - 2185 - 694102 FULLER WILLIAM E & MARY C 3900 W Keller South Bend IN 46628 9 018- 2185 - 694101 FULLER WILLIAM E 3900 W Keller South Bend IN 46628 10 018- 2185 - 694101 FULLER WILLIAM E 3940 W Keller South Bend IN 46528 CENTENNIAL 11 018- 2203 -7716 PROPERTIES INC 1323 N Ironwood Dr South Bend IN 46615 12 018 - 2185 -6996 GUZMAN ANTONIO A 1642 N Illinois St South Bend IN 46628 13 018- 2186 -6997 VILLANUEVA DAVID & LAURIE 1643 N Wellington South Bend IN 46628 14 018 - 2186 -7008 PARMELEE SHIRLEY E 1630 N Illinois St South Bend IN 4$828 15 018- 2186 - 7005 LACLUYZE BRIAN KEITH & STEPAHNIE ANN 1635 N WELLINGTON ST South Bend IN 46628 16 018 -2184- 693803 KINNUCAN FAMILY LLC 51930 Juniper Rd South Bend IN 46637 17 018 - 2184 - 693820 CITY OF SOUTH BEND 1200 County City Building South Bend IN 46601 18 018 - 2184 - 693801 CITY OF SOUTH BEND 1200 County City Building South Bend IN 46601 19 018 - 2184- 693816 NL VENTURES VII COMMUNITY LLC 8080 North Central Expressway Dallas TX 75206 20+018 -2184- 693815 KOONTZ WAGNER INDIANA REAL ESTATE 21 018- 2184 - 693814 HOLDINGS LLC 3801 Voorde Dr South Bend IIN 22 018 - 2185 -6945 HARRIS KELVIN R 1632 N Sheridan South Bend IN GOERKE THOMAS J & KRISTINE L WAITE JT 23 018 -2185 -6943 W /ROS 1638 Sheridan South Bend IN 46628 Filed i, MAY .,lf Cf CL 1 �: Stephen J. Luecke, Mayor 513/11 Area Plan Conunission 'k� 9 % John Byorni 11'� Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Area Plan Commissioners: Please let this letter serve as authorization to allow Ed Fisher of Fisher Land Sunrey Services to represent the South Bend Board of Park Commissioners during the rezoning process for a parcel of land in Voorde Park identified as parcel 018 -2184- 693820. The Board is preparing this land for disposition and the rezoning is related to the dispositions process. If there are any questions about this letter, }Tease contact me directly at 574 - 299 -4768 ext 252. Sincerely, A;*_e�z PH St. Clair Director of South Bend Parrs and Recreation CITY CLERK, OCJT',H DEN D, N 321 East Walter Street -South Bend, lndimia 46614 -574- 299 -4755 • TDD 235 -5567 Parks Administration Fax 299 -4783 • Recreation Fax 299 -4784 Ln m z z M ze q1I > yea 0 z Filed clerk-,� C17Y Proposed Addition to: Jo— W we"t SITE PLAN I Hoosier Tank _j Vim, I 1740 North Sheridan Drive South In Iona ■ CITY of SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS May 3, 2011 Mr. Derek Dieter, President South Bend Common Council Mr. Oliver Davis Chairman of Utilities Committee South Bend Common Council In Re: Revision to Chapter 17, Article 2, Divisions 1, 3, 4, and 6 Dear President Dieter and Chairman Davis: The attached ordinance is offered for Council consideration. Chapter 17 of the municipal code, which regulates the use of and industrial discharge to public sewers, is being revised. The revision is a requirement of the City of South Bend's National Pollutant Discharge Elimination System permit to implement an approved Industrial Pretreatment Program. Changes in federal pretreatment regulations mandate a revision to Chapter 17. In addition, discharge limitations have been revised for pH and arsenic to protect the environment and South Bend's publicly owned treatment works. The format and order of Chapter 17 have also been revised in order for it to be easier for both South Bend staff and local industry to read and implement. A draft revision was provided to local industries currently regulated through the pretreatment program. Additionally, a public notice of the revision was advertised in the South Bend Tribune in January of this year. One set of comments was received, and those and a draft response are attached. ' I will make the formal presentations and am available anytime if you have questions. Sincerely, Al Greek Division Director — Environmental Services Filed i 3pgF 5 5 j MAY `� lrU i i a E 6 3 CITY CLERK, SCIV-Tpi suw, 04 Department of Public Works Engineering Water Works Central Services Streets Wastewater Gary A. Gilot, Director Carl P. Littrell, RE. David Tungate Matt Chlebowski Sam Hensley Al Greek 5741235 -9251 5741235 -9251 5741235 -9322 574/235 -9316 5741235 -9244 5741277 -8515 Fax 574/ 235 -9171 Fax 574/ 235 -9171 Fax 5741235 -5595 Fax 574/ 235 -9007 Fax 574/ 235 -9272 Fax 5741277 -8980 1 I/N Tek and I/N Kote 30755 Edison Road New Carlisle, IN 46552 IN °sec IN Kol February 4, 2011 United States Environmental Protection Agency Region 5, Water Division, WN -16J NPDES Support and Technical Assistance Branch 77 West Jackson Boulevard Chicago, Illinois 60604 Attention. Ash Sajjad Subject: Comments on the Public Notice for Modification of Publicly Owned Treatment Works(POTW) Pretreatment Program - City of South Bend, IN Dear Mr. Sajjad, Thank you for the opportunity to comment on the proposed changes to the City's Municipal Ordinance with regard to the Pretreatment Section. Our comments are as follows: 1. Sec. 17 -8 (c)(14) - Page 21, AnY waters or wastes having a P! lower than 6.0 will be prohibited. This will require our permit to be modified, since our current Permit # 161591_88966 has a minimum pH limit of 5.0. A minimum pH limit of 6.0 is typically applied as a crater quality standard for the discharge into a water of the state in order to protect wildlife, However, it is not :necessary to specify such a limit on a pre- treatment facility since the final treatment facility (i.e., the POTW) has the capability to adjust the pH prior to discharge to surface waters. The waiver of a pH limit at internal treatment facilities is recognized by the EPA as acceptable as long as the final treatment system discharge has a water quality based pH limit (see for example, 40 CPR 420.07). 2. Sec. 17 -8 (d) (6) - Page 23, Any Industrial User operating under a 12ermi.t....incorporatincf-ecfuivalent mass or concentration limits Calculated from a Production-based Standard shall notif the Director within two (2)„ business days after the User has a reasonable basis to know that the production level will significantly chancre. within, the next calendar month. An user not notifying the Director of such. Partnerships between subsiftries of ArceforMiltal and Nippon Steel Corpor000n A-n—ticil2ated chap e will be re fired to meet the Mass or concentration limit in its exmit that were based on the original estimate of the loncr term average production rate. We currently provide our production data to the City of South, Bend on a monthly basis in the Monthly Industrial Wastewater Discharge Report. The concern is having only 2 days to report a change before it happens in the next calendar month. Something as routine as a week long maintenance outage can have a big impact on monthly production. What is considered to be a significant change? 3. Sec. 17 -10 (a)(1) - page 29, Users shall xovide wastewater treatment as necessary to co m ly with and the iorohihiti ons set out i.n Li Sectionul7_ .L LUZ5, this Div sion within the time limitations sipecified by EPA the State or the Director, whichever is mnra cf- ,- ; ---- +. Tom__ -- - - -- Q11U maintained at the User's ex ease. Detailed jolans review, and no construction of such faciliti .EC es necessary to produce a discharcre accg table to the City Aunder the rovisions of this Division. A11 facilit1 R.- 77PrACCart� � 7 : _._ �_ � _ determine that such facilities are bein o grated in conformity with a licable Federal State and local law. The owner shall maintain o gratin comparison against City monitorin-- records. 1Does this mean written approval is required to modify or improve facilities? The above language seems to require approval before treatment facilities can be modified or constructed and yet hold the discharger accountable to insure that the discharge is acceptable. The City should not be in °the position of approving treatment systems unless they are willing to accept the consequences of the failure of the approved system to meet discharge limitations. It is incumbent upon the discharger to meet the permit limits and they should be allowed to do whatever is necessary to do so. Porinerships belween subsidfories of Atcelormatot and Nippon Steel Carparation 4. Sec. 1.7- 10(a)(2) - Page 29, Whenever deemed necessar the Director ma re wire Users to restrict their discharge during peak flow Periods desi nate that certain wastewater be dischar ed only into specific relocate and /or consolidate prij ntsof dischar a separate sewa e wastestreams from industrial wastestreams and such other conditions as may be necessar to rotect the POTW and determine the User`s com dance with the requirements of this Division This new requirement is a concern because it may require a suspension of operations during peak flow periods and significant modifications to our facilities. 5. Seca 17- 10(a)(3) - Page 30, The Director may ,KegLiire any person dischar in into the PCTW to install and maintain on their ro ert and at their ex ens- a suitable stora e and flow- control --c— nv1 Ca y , iUx- rlow e uailzata.on. This new requirement is a concern because it may require significant modifications to our facilities. While we have some ability to equalize flow, wastewater storage facilities are limited. Please contact me at (574) 654 --1317 if you have any questions Sincerely, David R. Lisak Environmental Manager 1/N Tek T/N Kote 7009 3410 0001 4341 5017 PRETREATMENT CC: Kim Thompson., City of South Bend, IN Parfne,ships belvveen suWdiories of ArcelorMittal and Nippon Steel Corporation Responses to IN TEK Continents on the Public Notice for Modification of publicly Owned Treatment Works (POTW) Pretreatment Program — City of South Bend, IN 1. Sec 17 -8 (c) (14) -Page 21, Any waters of wastes having a pH lower than 6.0 will be prohibited. This will require our permit to be modified, since our current Permit # 161591 -88966 has a minimum pH limit of 5.0. A minimum pHlimit of 6.0 is typically applied as a water quality standardfor the discharge into a water of the state in order to protect wildlife. However, it is not necessary to sped such a limit on a pretreatment facility since the final treatment facility (i, e., the POTW) has the capability adjust the pHprior to discharge to surface waters. The waiver of a pH limit at internal treatment facilities is recognized by the EPA as acceptable as long as the final treatment system discharge has a water quality based pHlimit (see for example, 40 CFR 420.07). The determination to revise the minimum pH limitation was made due to problems associated with the conveyance of wastewater rather than the ability to ultimately treat and discharge water meeting pH water quality standards. The City of South Bend (City) ha<, encountered several cases in which low pH discharges have been associated with damage to the POTW, specifically to pipes and structures in the collection system. Additionally, due to the nature of the material (sewage) being conveyed in the POTW, the addition of low pH discharges contributes to hydrogen sulfide generation which leads to corrosion, POTW worker safety concerns, and nuisance odors. . The lower pH limitation is being revised to address these concerns, and will remain at 6.0. 2, Sec. 17 -8 (d) (6) — Page 23, An� Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a — production -based Standard shall notify he Director within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. &y user not notifying ing the Director of such anticipated change will be required to meet the mass or concentration limit in its permit that were based on the original estimate of the long term avera e roduction rate. We currently provide our production data to the City of South Bend on a monthly basis in the Monthly Industrial Wastewater Discharge Report. The concern is having only 2 days to report a change before it happens in the next calendar month. Something as routine as a week long maintenance outage can have a big impact on monthly production. What is considered to be a significant change? The purpose of this provision is to require Industrial Users to notify the Director (POTW Control Authority) when production levels change significantly enough to require a modification to limitations contained in the Industrial Users permit. In this case, any increase in production levels sufficient to cause the industrial user to be unable to comply with limitations in the permit would be significant. Note that this would only apply to limitations that were developed from production based categorical standards, and only in the case that those limitations were more stringent than local limitations. In the I/N Tek — I/N Kote discharge permit, the only limitations developed from production based standards are Iead and zinc. If the production rate were to increase significantly enough that the discharge limitation might change, the user would be required to notify the Director within (2) days of having a reasonable basis to know. Failure to submit this notification would result only in the user having to comply with the existing limitations in the permit. Note: the discharge limitations for lead and zinc in I/N Teks — IIN Kote's permit were adjusted using the combined wastestream formula to account for both dilution waters and wastewater regulated by two different categories, and therefore only the pollutant load allocated for the production based standard would be modified in the formula, resulting in only an indirect modification of the final limitations. 3. Sec 17 -10 (a) (1) — Page 29, Users shall provide wastewater treatment as necessarta comply with this Division and shall achieve compliance with all categorical Pretreatment Standards, ,Local Limits, and the prohibitions set out in Section 17-8(c) of this Division within the time limitations specified by EPA the State or the Director, whichever is more stringent. An facilities necessar for compliance shall be provided, operated, and maintained at the User's ex ense. Detailed plans describing such facilities and operating rocedures shall be submitted to the Board or its designee for review, and no construction shall be commenced until approval in writing is granted. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of Cit y under the provisions of this Division. All facilities necess for compliance shall be sub'ect to eriodic inspection by the City to determine that such facilities are being operated in conformity with applicable Federal, State and local law. The owner shall maintain operational ,records of the influent and effluent to show the performance of the treatment facilities and for comparison against City monitoring records. Does this mean written approval is required to mods or improve facilities? The above language seems to require approval before treatment facilities can be modified or constructed and yet hold the discharger accountable to insure that the discharge is acceptable. The City should not be in the position of approving treatment systems unless hey are willing to accept the consequences of the failure of the approved system to meet discharge limitations. The City appreciates your comments on Section 17 -10 (a)(1), and shares concern regarding the "approval" of pretreatment equipment. The purpose for the this provision is to allow the City of South Bend (City) to review proposed modifications to industrial facility to determine if those modifications comply with the conditions of the existing permit. The City's intent is not to approve the design or anticipate performance. The following change had been made: (1) Users shall rovide wastewater treatment as necessary to comply with this Division and shall achieve compliance with all cakMofical Pretreatment Prohibitions set out in Section 17-8(c) of oval Local.-Limits. and the Stand P this Division within the time limitations EPA, the _ o�rrector whichever morestrrn en Any facilities necessary for compliance shall be provided, operated and maintained at the User's expense. Detailed plans describing su -h facilities and operating procedures shall be submitted to the Board or its designee for review, and no construction of such facilities shall be commenced until the user is notified in writing that the elans are acceptable. The review of such plans and operating procedures shall in no way relieve the User- from the responsibility of �,., sa►y to produce a discharge Modifyin such facilities as neces acceptable fo the City under the provisions of this Division. All fa.. cilities necessary for compliance shall be subject to periodic insjoection bv the Citv to determine that such facilities are being _operated in conformity_ with applicable Federal, State and local law. The owner shall maintain o grating records of the influent and effluent to show the Performance of the treatment facilities and for comparison against Citv monitoring records. 4. Sec 17 -10 (a) (2) — Page 29, Whenever deemed necessary the Director may require Users to restrict their discharge durinV,peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge separate sewage _wastestreams from industrial waststreams and such other conditions as may be necessary to protect the POTW and determine the User's com fiance with the requirements of this Division. This new requirement is a concern because it may require a suspension of operations during peak flow periods and significant modifications to our facilities. The following revision has been made: Whenever, di6Ghame�uNRQ --peak flow deemed necessary, the Director may require Users to _ discharged _only inta specific designate that certain wastewater be Sec 17 -10 (a) (3) --- Page 30, The Director ma -reQuire.any person discharging into the POTW to install and maintain on their property and at their expense, a suitable storage and flow- control facility to ensure equalization of flow. An individual wastewater discharge permit may issued solely for flow e nalization. This new requirement is a concern because it may require significant modifications to our facilities. While we have some ability to equalize flow, wastewater storage facilities are limited. This provision was included in the revised code to be used only when conditions required. The City does not anticipate that any existing Significant Industrial User would be required to restrict their flow in any way. This type of requirement would be implemented if the volume or pattern of discharge created a potential public health or environmental concern.. It is further anticipated that this type of requirement would be implemented as a condition of obtaining a new connection to the sewer, if deemed necessary. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISIONS 1, 3,4 AND b OF THE SOUTH BEND MUNICIPAL CODE TO INCORPORATE THE ENVIRONMENTAL PROTECTION AGENCY (EPA)IS MODEL PRETREATMENT ORDINANCE STATEMENT OF PURPOSE AND INTENT The U.S. Environmental Protection Agency (EPA) Office of Wastewater Management published its most recent Model Pretreatment Ordinance in January 2007. The City of South Bend's adoption of this Model Ordinance by amending the South Bend Municipal Code at Chapter 17, Article 2, Divisions 1 and 3 will enable South Bend to comply fully with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et sect.) and the General Pretreatment Regulations (Title 40, Code of Federal Regulations [CFR] Part 403. It will further protect South Bend's water treatment processes, and it will enable South Bend to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, as well as any other State and Federal laws to which a publicly owned wastewater treatment works is subject. This ordinance also amends Chapter 17, Article 2, Divisions 4 and 6 to conform to the amendments of Divisions 1 and 3, and all amendments to the South Bend Municipal Code within this ordinance are in the best interest of South Bend, its citizens, and its water resources. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that Chapter 17, Article 2, Divisions 1, and 3 shall be amended in their entirety to read as follows: SECTION 1. Chapter 17, Article 2, Division 1, Section 17 -5 of the South Bend Municipal Code shall be amended to read in its entirety as follows; See. 17 -5 Definitions Abbreviations. The following abbreviations when used in this Article shall have the following designated„ meaning_ BOD — Biochemical, Oxygen Demand BMP — Best Management Practice BMR — Baseline Monitoriny Report CFR — Code of Federal Regulations CIU— Categorical Industrial User COD --- Chemical Oxygen Demand EPA — U.S. Environmental Protection Agency or a duly authorized official of that agency GPD — GaIlons Per Da IDEM— Indiana Department of Environmental Management IU--- Industrial User mg1I — milligrams per liter NPDES —National Pollutant Discharge Elimination System NSCIU— Non- Si vnificant Cate gori cal Industrial User POTW — Publicly Owned Treatment Works RCRA — Resource Conservation and Recovery Act SrU— Significant Industrial User TSS -- Total Suspended Solids U.S.C. —United States Code SECTION II. Chapter 17, Article 2, Division 1 of the South Bend Municipal Code shall be amended to add a new Section 17 -5.1 to read in its entirety as follows: See. 17 -5.1 Definitions. As used in this aArticle: O Act (or "the Act') shall mean the federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1257 et sect. Ammonia (or NH3 -N) shall mean the same as ammonia nitrogen measured as nitrogen. The labora4er-y determinations shall be made in aeeerdanee V�4t pfoeedtff es set fey-th in "Standard Methods" as defiiied .-n this at4iele. Le) Approval Authority shall mean the Administrator of the United States Environmental Protectio n Agency, Region V. ,. , „ (d) Authorized or Duly Authorized Representative of the User means If the User is a corporation: Q The president, secretary, treasurer, or a. vice- president of the corporation in charge of a principal business function, or any other person who performs similar„ policy -or decision- making functions for the corporation, or ii) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the he explicit or implicit duty of making major capital investment recommendations, and initiate and direct, Fa other comprehensive measures to assure lone -term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete accurate information for individual wastewater discharge permit requirements; and where authority to sign has been assigned „or „delegated to the .manager in accordance with corporate procedures. M If the User is a partnership„ or sole proprietorship_ a_ general partner or proprietor, respectively. If the User is a Federal State or local overnrnent facility: a director or highest official appointed or designated to oversee the operation and performance_ of the activities of the o�verm-nen.t,facility, or their designee. The individuals described in paragraphs (1) through (3) above may designate a Duly Authorized Representative if the authorization is in writina, the authorization specifies the individual or position responsible for the overall_ operation of the facility from which the discharge originates or having _ overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. e Best Management Practices or BMPs means schedules of activities prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Division 2, in Section 17.8 of this Article r40 CFR 403.5(x)(1) and (b)l. BMPs „include treatment requirements, operating_ procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials story e. (f Biochemical oxygen demand (or BQD) of sewage, sewage effluent, polluted waters or industrial wastes means use the Methods” as defined in this aeoor-danee with pr-eeedufes set fbi4h in "Standard Miele. the _Quantity_ of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration„(e.gW, mg/l) (g� Board shall mean the City of South Bend acting through its Board of Public Works or duly authorized officials or boards acting in its behalf. Building (or house) drain means the lowest horizontal piping of building drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to a point approximately five (5) feet outside the foundation wall of the building or house. 3 (1) Building drain (sanitary). A building drain which conveys sanitary or industrial sewage only. (2) Building drain (storm). A building drain which conveys storm water or other clean water drainage, but not wastewater. Q Building (or house) lateral sewer means the extension from the building drain to the sewage system or other place of disposal. (Also called house connections.) (1) Building sewer (sanitary). A building sewer which conveys sanitary or industrial sewage only. (2) Building sewer (storm). A building sewer which conveys storm water or other clean water drainage, but not wastewater. Carbonaceous biochemical oxygen demand (or CBOD) of sewage, sewage effluent, polluted waters or industrial wastes means the rate at which microorganisms use the oxygen in water or wastewater while stabilizing decomposable carbonaceous organic matter under aerobic conditions. The laboratory determinations shall be made in accordance with procedures set forth in "Standard Methods" as defined in this article. W Categorical Industrial User (CIUJ means an Industrial User subject to a categorical Pretreatment Standard or categorical Standard. Chemical oxygen demand (or COD) of sewage, sewage- e44uefft, pellut� waters ^r- ;,,dustfial wastes is means a measure of the oxygen apfleity "Standard r "°hods:" required... to. oxidize all compounds, both organic and inorganic. in water. Lm ,) City means the City of South Bend, Indiana. Ln) City Engineer means the City Engineer of the City, or his authorized deputy, agent or representative. Lo) Collector sewer means a sewer whose primary purpose is to collect wastewaters from individual point source discharges. (p) Combined sewer means a sewer intended to receive both wastewater and storm or surface water. 2 q) Commercial user means any establishment involved in a commercial enterprise, business or service which based on a determination by the City discharges primarily segregated domestic wastes or wastes from sanitary conveniences. Lr) Compatible pollutant means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of eighty (80) percent or greater. Minor incidental removals in the order of ten (10) to thirty (30) percent are not considered substantial. Examples of the additional pollutants which may be considered compatible include: (1) Chemical oxygen demand, (2) Total organic carbon, (3) Phosphorus and phosphorus compounds, (4) Nitrogen and nitrogen compounds, (5) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works). (s) � Control Authority means the City of South Bend's Division of Environmental (t)aily Maximum means the arithmetic average of all effluent samples for a pollutant collected during „a „calendar day. Daily Maximum Limit means the maximum allowable discharge limit o_f'a pollutant_ during a calendar day, „ Where Daily Maximum Limits are expressed in units of mass, the daily dischargc is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that da . Lv) Debt service cost means the average annual principal and interest payments on all proposed revenue bonds or other long -term capital debt. Lw� Director means the Director of the Public Works of the City of South Bend, Indiana, or his the Director's authorized deputy, agent or 5 representative. Lx) Effluent data means information necessary to determine the identity, amount, frequency, concentration, temperature or other characteristics of any pollutant discharged. Lys Equivalent connection means the ratio of the cross - sectional area of a water meter connection to the cross - sectional area of a 518" water meter connection, The following table displays the "Equivalent Connection" of various size water meters: Equivalent Water Meter Size Connection 5 /8" 1.0 3/4 n 1.4 1 " 2.5 1 1/4" 4.0 1 %2'F 5.8 2" 10.0 3" 23.0 4'! 41.0 6" 92.0 8" 164.0 10" 256.0 12" 369.0 Lzj Excessive strength surcharge means an additional charge which is billed to users for treating compatible sewage wastes with an average strength in excess of "normal domestic sewage." (aa) Exi.stang Source means any source of discharge that is not a "New Source " Fecal coliform means any of a number of organisms common to the intestinal tract of man humans and animals, whose presence in sanitary sewage is an indicator of pollution. cc Floatable oil means oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the City. Force main means a pipe in which wastewater is carried under pressure. D Le e) Garbage means any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce. Governmental user means any Federal, State or local governmental user of the wastewater treatment works. (gg) Grab Sample means a sample that is taken from „a wastestream._without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. hbh Heavy demand substances afe means concentrations of phosphorus, ammonia, suspended solids of or biochemical oxygen demand in sewage which exceed the levels established in this Code. ii Incompatible pollutant means any pollutant that is not defined as a compatible pollutant, including nonbiodegradable dissolved solids, and further defined in Regulation 40 CFR Part 403. (ii) Indirect Discharge, Industrial Discharge or Discharge means the introduction of pollutants into the POTW from ari nondomestic source. Industrial user means any manufaeturing See User. 1111) Industrial wastes means any solid, liquid or gaseous substances or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a person and shall further mean any waste from an industrial sewer. mm .Infiltration means the water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (Infiltration does not include and is distinguished from inflow.) (ag) Infiltration/inflow means the total quantity of water from both infiltration and inflow without distinguishing the source. 0o Inflow means the water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, 7 drains from springs and swampy areas, manhole cover, cross connections from storm sewers, and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. (Inflow does not include and is distinguishable from infiltration.) �PO Inspector means the person or persons duly authorized by the City through its Board of Public Works to inspect and approve the installation of building sewers and their connection to the public sewer system. (qq ) Instantaneous Limit means the maximum concentration of apollutant allowed to be dischar ed at-any time determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (gj Interceptor sewer means a sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility. ss ) Institutional -uUser means any establishment involved in a social, charitable, religious, and /or educational function which, based on a determination by the City discharges primarily segregated domestic wastes or wastes from sanitary conveniences. tt Interference means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, causes a violation of the City's NPDES permit or prevents sewage sludge use or disposal in compliance with any of the following statutory /regulatory provisions or permits issued thereunder, or any more stringent State or local regulations; Section 405 of the Act; the Solid Waste Disposal Act, including Title 11 commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. Luu) Local Limit means specific discharge limits developed and enforced by the City pon industrial or commercial facilities to implement the general and specific discharge prohibitions Iisted in 40 CFR 403.5 a)ffl and vv May means the indication of a discretionary condition. (ww) Medical Waste means isolation wastes infectious agents, human blood and blood products,_ pathological wastes ? sharps, body arts contaminated bedding, surgical wastes potentially contaminated laboratory wastes and dialysis wastes. Monthly xx. _ e sum of the concentrations of all "daily ..___ Y _ Avera g e means the .. discharges' measured during a calendar month divided by the number of "daily discharges" measured during „that „month. Monthl y Average Limit means the highest allowable average of "daily discharges" over a calendar month calculated as the sum of the concentrations of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. zz National Categorical Pretreatment Standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405- 471. aaa Natural Outlet means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water. LUb New source means: (a)LD Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication: of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (4-)Ca) The building, structure, facility or installation is constructed at a site at which no other source is located; or (2-)Lb) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at any existing source; or (3)Lc) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (b) Q Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of section (a)(2) for (3) l� above but otherwise alters, replaces, or adds to existing process of production equipment. (-e)(D Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (4)La) Begun, or caused to begin, as part of a continuous on -site construction program a-.W Any placement, assembly, or installation of facilities or equipment or b. Ci i Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (24 fib) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (ecc) Noncontact CooliLig Water means water used for cooling that does not come into direct contact with any raw material, intermediate. _product, waste product, or finished product. (d5d Nonresidential discharger means any user of the sewer system who discharges a nondomestic effluent into the system by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. (Specified in 40 CFR Part 403 at "industrial user. ") (gee Normal domestic sewage (for the purpose of determining surcharges) shall mean wastewater or sewage having an average daily concentration as follows: S.S ............................ Not more than 250 mg/l BOD ......................... Not more than 250 mg /l Ammonia - Nitrogen ....... Not more than 25 mg /l 10 Phosphorus ................. Not more than 10 mg /1 As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from industrial processes. off NPDES permit means National pollutant discharge elimination system permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of Public Law 95 -217. kggo Operation and maintenance cost means and includes all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters that conform with all related Federal, State and local requirements. (These costs include replacement.) hh I Other service charges means tap charges, connection charges, area charges, and other identifiable charges other than excessive strength surcharges. Ciiij Pass through shall means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, aleng alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation. dW pH means . The eeneentration is the weight of hydrogen ions, in grams per- liter- of selati a measure of the aciditv or alkaliniU of a solution expressed in standard units. k� ) Person means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana, the United States of America or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by context. 1� Phosphorus (or P) means the chemical element phosphorus. The laboratory detarmina4ieiis shall be made in aeeer-danee with -procedures set fi3f4h in "Standard Methods" —asd °wed in this- affiele: mmm Plumbing Inspector means the authorized agent of the Building Commissioner having responsibility for administration of the provisions of this aArticle as such may pertain to plumbing work. 11 ` (nnn Pollutant means dredged spoil, solid waste incinerator residue filter backwash,- sewage, garbage, sewage sludge, munitions Medical Wastes chemical wastes, _biological materials,, radioactive materials, heat, „wrecked or discarded equipment, rock, sand, cellar dirt, municipal agricultural and industrial wastes, and certain characteristics of wastewater �(e.g_pH, temperature, . TSS, turbidity color, BOD, COD toxicity, or odor). 000 ) Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Section 403.6(d); and shall include all applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register, under Section 307 of PL 95 -217, under regulation 40 CFR Part 403 pursuant to the Act, and amendments. (ppp) Pretreatment requirement shall means any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard. fqqqj Pretreatment standard (or standards) sha4 means eve prohibited discharge standards, categorical pretreatment standards or local limits, frrr) Private sewer means a sewer which is not owned by public authority sss Prohibited Discharge Standards or Prohibited Discharges means absolute prohibitions against the discharge of certain substances, these prohibitions appear in Division 3, Section 17 -8(c) of this Article. (qt) Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one -half (112) inch in any dimension. uuu Publicly owned treatment works (or POTW) means a "treatment works,” as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the City. This definition includes any devices or systems used in collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. vvv Puhlic sewer means a sewer which is owned and controlled by the public authority and will consist of the following increments: collector sewer, interceptor sewer, force main, pumping station. 12 (www) Pumping station means a station positioned in the public sewer system at which wastewater is pumped to a higher level. xxx Replacement costs means the expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. (yy)� Residential -mUser means a user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, etc. zzz Sanitary sewer means a sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted. aaaa Septic Tank Waste shall mean any sewage from holding tanks such as vessels chemical toilets campers, trainers and septic tanks. b( bbb) Sewage means the combination of the liquid and water - carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water). The three (3) most common types of sewage are: (1) Sanitary sewage means the combination of liquid and water - carried wastes discharged from toilet and other sanitary pumping facilities, (2) Industrial sewage means a combination of liquid and water - carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water), (3) Combined sewage means wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer. cccc Sewage treatment plant means any arrangement of devices and structures used for treating sewage. d( ddd) Sewage works means the structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids. eeee Sewer means a pipe or conduit for carrying sewage. 13 ffff ) Shall means mandatory. ( ) Significant inndustrial -uUser SIU shall mean: Except as provided in paragraphs (3) and (4) of this Subsection, a Significant Industrial User is means: (a) f A uUser subject to categorical pretreatment standards; or (b) (2) A uUser that: (4-) (D Discharges an average of twenty -five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non - contact cooling and boiler blowdown wastewater); (2) ii Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (4) iii) Is designated as such by the City on the basis that is has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (c-)QJ The City may determine that an Industrial User subject to categorical Pretreatment Standards is a Non - significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons ep r day (gpd) of total categorical wastewater (excluding sanitary, non - contact cooling and boiler blowdown wastewater, unless specifically included„ in the Pretreatment Standard) and the following conditions are met: The Industrial Use prior to the Cit 's finding, has consistent) complied with all applicable categorical Pretreatment Standards and Requirements; ii The Industrial User annually submits the certification statement required in Division 3, Section 17.10 (p)(5)(b) of this Article. [see 40 CR 403.12(g)], together with any additional information necessary to support the certification statement, and iii) The Industrial User never discharges any untreated concentrated wastewater. (e) (4) Upon a finding that a uUser meeting the criteria in subsection (2) of this part has no reasonable potential for adversely affecting the POTW's 14 operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a uUser, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such u User should not be considered a -,Significant }industrial uUser. (hhhh) Significant noncompliance or (SNC) shaft means: (a) M Chronic violations of wastewater dDischarge limits, defined here as those in which sixty -six (66) percent or more of wastewate measur-emen4s taken all of the measurements taken for the same,_ pollutant parameter during a six -month period exceed Eby_ any magnitude) the daily maximum limit or- aver-age limit fer- the same ameurt a numeric Pretreatment Standard or Requirement, including instantaneous limits as defined by 40 CFR 403.3(1); (b) (2) Technical rReview -,Criteria (TRC) violations, defined here as those in which thirty -three (33) percent or more of .,,.,� all of the measurements taken for eaeh the same pollutant parameter during a six - month period equals or exceeds the product of the daily ffiaximum lifnit-eT the —tee- limit the numeric Pretreatment Standard or Requirement includin g instantaneous limits multiplied by the applicable er- iter-i-a TRC T( RC ° 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); (e) tD Any other a;� violation of a Pretreatment Standard or Requirement that the Director belie=ves determines has caused, alonge or in combination with other dDischarges, llnterference or pPass tThrough (including endangering the health of Bureau POTW personnel or the general public); (d) f4,) Any discharge of a pollutants that has caused imminent endangerment to the-- puhlieor to human health welfare or to the environment, or has resulted in the Bureau's POTW's exercise of its emergency authority to halt or prevent such a discharge; (e) LQ Failure to meet, within ninety (90) days 4after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (0 L6) Failure to provide, within thirty (30) days after the due date, any required reports, ineluding such as baseline monitoring reports, ninety (90) day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules; 15 Lg-' L7) Failure to accurately report noncompliance; N M Any other violation(s) or group of violations which may include a violation of Best Management Practices which the Bureau Director determines will adversely affect the operation or implementation of the local pPretreatment program. iiii Slug (or slug load) sha44 means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards set forth in section 17 -8 herein, or any discharge of a non - routine, episodic nature, including, but not limited to, an accidental spill or non- customary batch discharge'which has a reasonable potential to cause Pass Through or Interference, or in any other way violate Pretreatment Standards or Requirements. Standard methods means the laboratory procedures approved by the EPA and set forth in 40 CFR, Part 136. k( kkk) Storm sewer means a sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and /or industrial wastes are not intentionally admitted. (11 1) Storm Water means any flow occurring during or following any form of „y natural precipitation, and resulting from such precipitation, including snowmelt. mmmm Total solids means the sum of suspended and dissolved solids. nnnn Total Suspended Solids or TSS or Suspended Solids or SS means the total suspended matter that floats on the surface of, or is suspended in water, wastewater, or other liquid, and that is removable by laboratory filtering. The concentration shall be expressed in milligrams per liter. 0000 Toxic amount means concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to the Clean Water Act (PL 95 -217). Unpolluted }eater is .means water of quality equal to or better than the 1[: 1 A r mmmm Total solids means the sum of suspended and dissolved solids. nnnn Total Suspended Solids or TSS or Suspended Solids or SS means the total suspended matter that floats on the surface of, or is suspended in water, wastewater, or other liquid, and that is removable by laboratory filtering. The concentration shall be expressed in milligrams per liter. 0000 Toxic amount means concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to the Clean Water Act (PL 95 -217). Unpolluted }eater is .means water of quality equal to or better than the 1[: effluent criteria in effect, or wafter that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. User or Industrial User 1U means a source of indirect discharge. rrrr User charges means a charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of Public Law 92 -500. ssss User class means the division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities, (i.e. residential, commercial, industrial, institutional, and governmental in the User Charge System). tttt Volatile organic matter means the material in the sewage solids transformed to gases or vapors when heated to five hundred fifty (550) degrees Celsius for fifteen (15) to twenty (20) minutes. uuuu Wastewater means ; a4e in which sewage e'r'r been disc a liquid and water - carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturin g facilities and institutions whether treated or untreated which are contributed to the POTW vvvv Wastewater Treatment Plant or Treatment Plant means cans that portion of the ..,,,._,.. POTW which is designed to provide treatment of municipal sewage and industrial waste. lwwww) Watercourse means a natural or artificial channel for the passage of water either continuously or intermittently. xxxx Wholesale user means any municipal governmental entity which has entered into an intermunicipal contract with the City of South Bend for wastewater treatment service. SECTION III The title of Chapter 17, Article 2, Division 3 of the South Bend Municipal Code shall be amended to read as follows: DIVISION 3. GENERAL USE OF PUBLIC SEWERS PRETREATMENT OF WASTEWATER AND DISCHARGE PERMITS SECTION IV. Chapter 17, Division 3, Section 17 -8 of the South Bend Municipal Code shall be amended to read in its entirety as follows: See. 17 -5, Prohibited diseharge standards. General purpose; prohibited 17 isc ar-aess_dseharge standards .,....,,, _ (a) General purpose. This Division 3 of Chapter 17, Article 2 of the South Send Munaci al p Code (Division, ) _ shall apply to all Users of Publicly Owned Treatment Works This Division authorizes the issuance of wastewater discharge perrn,its,_and provides for monitoring, com p liance and enforcement activities. The specific objectives of this Division are: To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operations, 2 To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass, through the Publicly, Owned Treatment Works, inadequately treated,_ into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works; fD To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in, the „course of their employment and the e� neral public; To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works, To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject. (a) & General prohibitions. No per-so User shall diseharge, introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pPass tThrough or ilnterference. These general prohibitions apply to all u Users of the POTW whether or not they are subject to categorical pPretreatment s ,Standards or any other National, State or local pPretreatment &Standards or rRequirements. {-b) fcJ Specific prohibitions. No perms User shall diseharge, introduce or cause to be discharged &r introduced any of the felle., iiig deser-ibed certain pollutants, substances, or wastewater into any public sewers or directly or indirectly into the POTW =. Those pollutants, substances or wastewater prohibited by this subsection shall not be processed or stored „in_ such �a manner that they could be dischar ed to the POTW. The following described pollutants are ex ressl 18 prohibited; (1) Any gasoline, benzene, naphtha, fuel oil or other pollutants which create a fire or explosive hazard to the POTW, including, but not limited to, wastestreams with a closed -cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty -fie (65) � degrees Celsius) using the test methods specified in 40 CFR 261.21. (2) Any ;xatar-s or- wastes eentainilig te?cje Or- pE)isenejjs solids, liquids-of gases ifl suffieiefit Ejuan"' ' either- singly or by inter-aetion with other ha-zafd in the reoeiviiig waters of the sewage treatmentphui+-. (J) Q Any wa4efs or- wastes having a p14 lower- than 5.0 6.0 or- ha equipment Gellection systems Or--Personnel of the. sew-age works er- that iP*er- s ferewn any treatment prooe wastewater containing toxic pollutants in sufficient quantity, either snugly„ or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals create a toxic effect in the receiving waters of the wastewater works or to exceed the limitations set forth in the a licable Federal Categorical Pretreatment Standards or other pretreatment standards or regulation issued by the EPA or the IDEM. Toxic pollutants are identified pursuant to Section 307(a) of the Federal Water Pollution Control Act as amended. (4) 0) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper, dishes, cups, milk containers, etc., either whole or ground by garbage grinders. s s regula4iens isstied by EPA or- the 1DEM. pur-suant +-- Seetion 307(a) of the Federal Wa4ef Pollution Gefl_tfel Act, as 19 (6)(4) Any pollutant, including oxygen - demanding pollutants (BOD, etc.), released in a discharge at a flow rate and /or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. (7)f5,) Wastewater or any liquid having a temperature greater than one hundred fifty (150) degrees Fahrenheit (sixty -five (65) degrees Celsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater or liquid which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius). ML61 Trucked or hauled pollutants, except at discharge points designated by the Director. y(9)( Any , 1 q the f llvv'4iig �.]ul stanees 4s e `l. the t a d 3 . pollutant that results in the presence of toxic vases, vapors, or fumes within the POTW in a qjLantity that mqy cause acute worker health and safety problems. I- a' �n�n Pa Ear 'lzs 4"1urrr Total n ,.sent , �$ Total Cadmium 0—.5 Total Chromium _74 Total GoppeF Taial Cyanide 4-.5 Tot. 4-.9 Total Mefeur-y 04 Total Nickel Total Silver 4-,$ Totem 34 (4 -0)k�j Any radioactive wastes or isotopes of such half -life or concentration as may exceed limits established by the Board in compliance with applicable State or Federal regulations. "t99,) Any water or waste containing total oil and grease (biodegradable animal and vegetable fats, oil, waxes and greases and non - biodegradable hydrocarbon oils and greases), whether emulsified or not, in excess of three hundred {300) mg /l daily ,..,-,,,.:m ,.w Total Oil and Grease containing 20 substances which may solidify or become viscous at temperatures between thirty -two (32) and one hundred fifty (150) degrees Fahrenheit or zero (0) and sixty -five (65) degrees Celsius, however, the hydrocarbon portion of the total oil and grease concentration may not exceed one hundred (100) mg /1. Proper testing procedures shall be outlined iii for each industry's d,�= �^h°pert user.. No user shall introduce or cause to be introduced petroleum oil, non - biodegradable cutting oil,, or products, of mineral oil origin, in amounts that will cause Pass Through or Interference. 0-2)CUO Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three -fourth horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Board. ( 11 ) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not. 44) 12 Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Director for such materials. (1-5)L13_) Any waters or wastes containing phenols or other taste- or odor - producing substances, in such concentrations exceeding limits which may be established by the Board as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters. (I 6} L41 Any waters or wastes having a yH lower than 6.0 Aany waters or wastes having a pH in excess of 11.0: or having any corrosive property ca able of causing damage or hazard to structures equipment, or personnel of the publicly owned treatment - works. or that interferes with an treatment process. Notwithstanding this provision, New Energy Corp., shall be authorized to discharge at a pH not to exceed 12 in keeping with its odor abatement efforts. (1-7) 15 Noxious or malodorous liquids,... gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. (�8)LLQ Sludges,_ screenings, or other residues from the pretreatment of industrial wastes. 21 494f 17) Medical. Wastes, except as specifically authorized, by the Director. 1$ Wastewater causing, alone or in conjunction with other sources the POTW's effluent to fail a toxicit y test. (1-7) 19 Materials which exert or cause: a. Unusual concentrations of inert S.S. (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). C. Unusual S.S., CBOD, BOD, ammonia- nitrogen, phosphorus, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. d. Unusual volume of flow or concentration of wastes constituting "slugs," as defined herein. (P4 fLO) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent will be compromised. (1-9) fLIJ It shall be unlawful for any person to place, deposit, permit to be deposited, or discharged in any manner whatsoever, any substance into a sewer at a point different than the proposed sewer connection to the sanitary sewer system. (d) Categorical Pretreatment Standards. Users must coin I with the categorical Pretreatment Standards found at 40CFR Chapter I Subchapter N parts 405 -471 and with the State of Indiana Pretreatment Standards as defined at 327 IAC 5 -16 through 327 IAC 5 to 21, as well as any Local Limits which the Director is authorized to establish pursuant to 40CFR 403 403.5(c) and any subsequent State, Federal or Local guidelines and Rules and Regulations The Director may develop Best Management Practices BMP's by.. ordinance or in individual wastewater discharge ermits to implement local limits and the requirements of this Division. The National Cate orical Pretreatment Standards State Pretreatment Standards, and Local Limits are subject to the following restrictions and prescriptions: 22 _ n a categorical Pretreatment Standard expressed _ _ When the limns i,._ are only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration forpuurposes of calculating effluent limitations applicable to individual Industrial Users. LZL. State and local requirements and limitations on discharges shall be met by all dischargers when such requirements and limitations are more stringent than Federal requirements and limitations (3) When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard the Director shall impose. an alternate limit in accordance with 40 CFR 403.6(e). Once included in its permit, the Industrial User shall.comply with the equivalent limitations developed in lieu of the p.Lomulgated categorical Standards from which the equivalent limits were derived. When a categorical Pretreatment Standard specifies one limit for calculating daily maximum discharge limitations. and a second limit for calculating monthly average discharge limitations the same_ production or flow figure shall be used in calculating both the average and the daily maximum equivalent limitations. ............._ Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production -based Standard shall notify the Director within two 2 business days after the User has a reasonable basis to know that the Production level will significantly change within the next calendar month.. Any user not notifying the Director of such anticipated change will be required to meet the mass or concentration limit in its permit that were based on the original estimate of the long term average production rate. (e) State Standards. Users must comply with the State of Indiana Pretreatment Standards as defined at 327 IAC 5-16 through 327 IAC 5 -21,� (f) Local Standards. The Director is authorized to establish_ local Limits pursuant to 40 CFR 403.5(c). 0 The following pollutant limits are established to protect against _Pass Through and Interference, These limitations may be applied as either instantaneous limitations or daily maximum limitations No person shall 01 discharge wastewater containing in excess of the following 0.3 mall arsenic 0.5 mg /1 cadmium 7.5 mg/1 chromium 1.6 m /g 1 copper 1.5 mg/1 cyanide [ 1.51 mg /l„ lead [ 0.11 m /l mercury 1.9 mg /l nickel 1.8 m /lg silver L 3.44 rn /g 1 zinc (g) Dilution Prohibition. No User shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or ,Requirement The Director may impose mass limitations, on Users who are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition of mass limitations is appropriate. (h) Right of Revision. The City reserves the right to establish by ordinance, or in individual wastewater discharge _permits, more W stringent Standards or Requirements on discharges to the POTW ,consistent with the, ,purpose of this Division. (-e)Ci) Equipment Maintenance. When a discharger is required to provide preliminary treatment, including interceptors or flow equalization facilities, such equipment shall be maintained by the discharger in satisfactory operating condition as determined by the Board of Public Works or its designee. (f)W Control Manhole. When required by the Director, the owner of any property serviced by a building sewer carrying industrial non - residential wastes shall install a suitable control .manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and 24 s w MUM MM Men Y (-e)Ci) Equipment Maintenance. When a discharger is required to provide preliminary treatment, including interceptors or flow equalization facilities, such equipment shall be maintained by the discharger in satisfactory operating condition as determined by the Board of Public Works or its designee. (f)W Control Manhole. When required by the Director, the owner of any property serviced by a building sewer carrying industrial non - residential wastes shall install a suitable control .manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and 24 shall be maintained by him so as to be safe and accessible at all times. Agents of the City, the State Water Pollution Control Agencies and the USEPA shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing. Wfk) Testin,?, Methods. All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this ordinance shall be conducted using the methods and procedures in 40 CFR Part 136, and shall be determined at the control manhole or monitorin location provided, or upon suitable samples taken at said control manhole or monitoring location, except for the application for NPDES permits and report thereof such shall be conducted in accordance with rules and regulations adopted by the USEPA, 40 CFR Part 136 and any subsequent revisions subject to approval by the City. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The sheuld from periodic grab Wastewater sampling shall be „conducted in a manner that is representative of normal production and discharge practices. (h) (11 _Individualized Agreements. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste for unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern, at such rates as are compatible with the rate ordinance; provided, however, that no special agreement or arrangement may be made with the City which results in the violation of National Pretreatment standards or local limits. SECTION V. Chapter 17, Division 3, Section 17 -9 of the South Bend Municipal is amended by transferring previous Section 17 -19 and 17 -19.1 of Chapter 17, Division 3, renumbering it as Section 17 -9 which follows, and by further amendment of its content. (The existing Section 17 -9 of Chapter 17, Division 3, shall be renumbered as Section 17 -19 which shall replace that former Section.) Chapter 17, Division 3, Section 17 -9 as thus amended shall read in its entirety as follows: 25 v off v. lrlr Y \ V Y r V VMS \ • r z �ffffl - .. 21 - w .y Y w � Y \ V Y r V VMS \ • r Sec. 17-19 17 -9. inspeetion and sampling Compliance Monitoring. (a) Right o f Entry: Inspection and sampling. M Oa�i� z �ffffl - .. 21 - Sec. 17-19 17 -9. inspeetion and sampling Compliance Monitoring. (a) Right o f Entry: Inspection and sampling. M w .y � r V Sec. 17-19 17 -9. inspeetion and sampling Compliance Monitoring. (a) Right o f Entry: Inspection and sampling. M The Director, or the D'irector's his representatives (the Director) shall have the right to enter the faeilities rn emises of any industrial uUser to aseel4ain determine whether the pwTase of this ordinanee, and any peniii; er-der- issued here demos being met she the industfial uUser is complying with all requirements thereel of this Division and any individual wastewater discharge permit or order issued hereunder. dal uUsers shall allow the Director er his ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (1) Where any industfial a uUser has security measures in force which require proper identification and clearance before entry into its premises, the i„�l uUser shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, City personnel =em the ^City will shall be permitted to enter without delay, for the purposes of performing their specific responsibilities. (2) The City shall have the right to set up on the iii uUser's property, or require installation of, such devices as are necessary to conduct sampling and /or metering of the uUser's operations. (3) The Director may require the dial uUser to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial uUser at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periedieally at least once per yr to ensure their accuracy. (4) Any temporary or permanent obstruction to safe and easy access to the dal facility to be inspected and /or sampled shall be promptly removed by the industrial uUser at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the ;dial uUser. (5) Unreasonable delays in allowing City personnel access to the industrial uUser's premises shall be a violation of this sSection. fib) Search Warrants If the Director and/or his the Director's representatives halve been refused access to a building, structure or property or any part thereof, and ;f e- r,: f . an&Or his has is able to demonstrated probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect and /or sample as part of a routine inspection and 27 sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then, Director may seek a issuance of a search an &of seizu warrant from the Superior Court or Circuit Court. health and safety, inspeetions shall be made witheut the issuance of a . SECTION VI. Chapter 17, Division 3, Section 17 -10 of the South Bend Municipal Code shall be amended to eliminate former subpart (a) which was moved and relocated in Section 9(d) of Chapter 17, Division 3, and to add other parts and subparts, As amended, Section 17 -10 of Chapter 17, Division 3 shall read in its entirety as follows: See. 17 -10. Pretreatment of industrial wastes wastewater and permits for wastewater discharge, Board of Works powers. ( 4) shall 28 a I i r ■ ' _•. Ia _. .M � W a _ MEN M ■ A , ■ ria%n�: ��Wl.r�:nir.,r.:ri�v= • i ry ■ ( 4) shall 28 a I i r � W a r MEN M ■ A , i ry ■ ■ MM i r ( 4) shall 28 measures I-Day pa a wm'" eter Maximum Total Arseni-e Tee l Gi-...,, Total Copper Total Cy ani t, T�,t� vcai Lead 4-7 Total Mer-eur-y 04 natal Nickel Ts} Total er 4$ Total ZiRe 3-4 (b) La� Pretreatment of wastewater - facilities and additional pretreatment M Users shall provide wastewater treatment as necessary to comply with this _ Division and shall achieve compliance „ with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in Section 17 -8(c) of this Division within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any aci xties necessary for compliance shall be provided, operated, and maintained at the User's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Board or its designee for review, and no construction of such facilities shall be commenced until the User is notified in writing that the plans are acceptable. The review of such plans and operating procedures shall in no way relieve the User from odifying such facilities as necessary to produce a the responsibility of m _ discharge acceptable to the City under the provisions of this Division. All facilities necessary for compliance shall be subject to periodic inspection by the City to determine that such facilities„ are being operated in conformity with applicable Federal, State and local law. The owner shall maintain operating records of the influent and effluent to show the performance of the treatment facilities and for comparison against Cit monitorin g records. 0 Whenever deemed necessary, the Director „may require Users to designate that certain wastewater be discharged only into specific sewers relocate and /or consolidate points of discharge, separate sewage P-A wastestreams from industrial wastestreams, and such other conditions as mLay be necessary to rotect the POTW and determine the User's compliance with the requirements of this Division. Q The Director may require any _ erp son discharging into the.POTW to install and maintain, on their property_ and at their expense a suitable storage and flow - control facility to ensure equalization . of flow. An individual wastewater dischar e permit may be issued solely for flow equalization. The Board or its designee may require Users other than residential users to SuPlAyTertinent information on wastewater flow characteristics. Such measurements tests and analyses shall be at the User's expense. If made by_ the _City, _ an appropriate charge may be assessed to the ,User at the City's option. LQ Grease oil and sand interceptors shall be provided by the User as necessya for the proper handling of wastewater containina excessive amounts of _grease and oil, or sand. All interception units shall_ be of a type and capacity acceptable to the Board of Public Works or its ,designee, and shall be so located to be easily accessible for cleaning and inspection, Interceptors or traps shall be constructed _of impervious materials capable of withstanding abrupt and extreme changes in temperature and shall be of substantial construction, be „gas Wtight and equipped with _easily removable, covers. Specifications for grease, oil and sand interceptors shall be in accordance with provisions of the Indiana Plumbing Code, as „amended. 1 a Such interceptors shall be inspected „cened, and repaired by the User at „ „ their expense. L6,) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible _ as detection meter. (b) Accidental discharges /slugs Dischar e Control Plans: (1) Bash All sSignificant inndustrial aUsers SIU's shall preVide submit an accidental discharge /slug discharge control plan, - v hic'' la * � to approval by the Director every two 2 ears or when substantial changes occur to the components of the plan. Each plan „ -is subject to approval by the Director, and shall; thereafter; be implemented by the s:,.� industrial t+User. The Director may require any User to develo submit for, 4pproval, and implement such ..a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Directoz mgy develop such a plan for any User. Such pis An accidental discharge /slug discharge control plan shall address, at 9 a minimum, the following: a. Description of discharge practices, including non - routine batch discharges; b. Description of stored chemicals; C. Procedures for immediately notifying the Director of any accidental or sSlug dDischarge, as required hereafter; d. Procedures to prevent adverse impact from any accidental or sSlug dDischarge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and /or measures and equipment for emergency response. (2) Dischargers shall notify the Director immediately upon the occurrence of a "slug" or accidental discharge of substances prohibited by this dDivision. The notification shall include location of discharge, date and time of occurrence, type of waste, concentration and volume, and corrective actions. Immediate notification may be verbal, followed by a written verification within five (5) days of the incident. (3A Dischargers shall notify'_the Director immediately if any changes occur at the facility that affect the potential for a slug or accidental discharge, Additionally, dischargers with an approved slug or accidental discharge plan shall submit a revised plan if aLiy changes occur at the facilithat affect the potential for a slug or accidental discharge. (d)Lc) Hauled Wastewater M Sep. ic_tank waste may be introduced into the POTW only at locations designated by the Director, and at such times as are established by the Director. Such waste shall not violate Section 17 -8 of this Division or any other requirements established by the City. The Director may require septic tank waste haulers to obtain individual wastewater discharge permits, M The Director may require haulers of industrial waste to obtain individual wastewater discharge permits._ T_ he Director also may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The Director also„ may prohibit the disposal of hauled 31 industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Division. Industrial waste haulers may discharge loads only _ at locations designated by the Director. No load may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable Standards. The Director may require the industrial waste hauler to provide a waste analysis of any load -prior to discharge. Industrial waste haulers must provide a waste-tracking form for ever load. This form shall include, at a minimum, the name and address of the industrial waste hauler, hermit number, truck identification, names and addresses of sources of waste and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes. (-&) M Individual Wastewater dDischarge ermits r-Re uirc _ _- ement: (1) It shall be unlawful to discharge sewage, nondomestic wastes, or other wastes to any sewer outlet within the jurisdiction of the Board of Public Works without having been issued a wastewater discharge permit if the discharger: a. Is subject to National Categorical Pretreatment Standards as promulgated by the EPA;, unless the discharger is found to be a non - significant Categorical Industrial User (CIU); b. Discharges nondomestic wastewater in the amount equal to or exceeding twenty -five thousand (25,000) gallons per day; Contributes a nondomestic waste stream exceeding five (5) percent of the dry weather hydraulic or organic capacity of the wastewater treatment plant; or d. Has a reasonable potential to adversely affect the treatment plant processes by inhibition, pass - through of pollutants, sludge contamination, or endangerment of treatment plant personnel. 32 afftieipa4ed eenneetiens. The Director may require other Users to obtain individual wastewater discharge _ permits as necessary to carry out the purposes of this Division. 3 Apy violation of the terms and conditions of an individual wastewater discharge pgmit shall be deemed a violation of this Division and subjects the wastewater discharge permittee to the sanctions set out in Sections 17- 11 through 17 -13 of this Division. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal State and Local Pretreatment Standards and Requirements. (e) Individual Wastewater Discharge Permit: New Connections. Any User required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with Subsection (g) below of this Division must be filed at least ninety 90 days prior to the date upon which any discharge will begin or recommence. (d) fn Individual Wastewater Discharge Permit a4pplication; = Contents. (1) All Users required to obtain an individual wastewater discharge permit shall submit a ermit application. Applications for wastewater discharge permits may be procured from the Director. The Director may require Users to submit all or some of the following information as part of a permit application: a. Identifying Information Q The name and address of the facility, including the name of the operator and owner. ii Contact information, description of activities, facilities, and plant production processes on the premises, b. Environmental Permits. A list of any environmental control permits held by or for the facility. C. Description of Operations. A brief description of the nature, average rate of production {including each product produced by type, 33 amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated _ processes. ii Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility are, or could accidentally or intentionally_ be, discharged to the POTW; iii) Number and type of employees, hours of operation, and proposed or actual hours of operation; iv Tyne and amount of raw materials processed (average and maximum per day); Lv) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all Dints of discharize. d. Time and duration of discharges; e. The location for monitoring all ll wastes covered by the permit; f. Flow Measurement. Information showing the measured average daily and maximum daily flow, in agallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 17.100 (40CFR 40_.3). g: Measurement of Pollutants. D The categorical Pretreatment Standards applicable to each regulated process and new categorically regulated processes for Existing_ Sources. ii The results of sampling aDd analysis identifying the nature and concentration, and/or mass, where required by the Standard orb the Director, of regulated pollutants in the discharge from each regulated process. iii Instantaneous, Daily Maximum, and long-term 34 average concentrations, or mass, where required, shall be reported. iv The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection(p)(1) "Analytical Requirements" of this Section 17 -10. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Director or the applicable Standards to determine compliance with the Standard. Lv) Sampling must be performed in accordance with procedures set out in Subsection (p )(2) "Sample Collection" of this Section 17 -10. vi Any other information as may be deemed necessary by the Director to evaluate the permit application Q Incomplete or inaccurate applications will not be processed and will be returned to the User for revision. VON 6 inebading bu4 ne limited to these mentioned in !his divisien, as determined by bena fide cheinieal and biolegical analysis. ■ ■ S. 6 inebading bu4 ne limited to these mentioned in !his divisien, as determined by bena fide cheinieal and biolegical analysis. ■ S. !. 35 ■ a ■ v v• ■ C !S'l�Ji:iZ .""W"WOMP-MMIPMR99 W. (h) (g) Individual Wastewater Permit Fees (3) The following wastewater discharge permit fees are required fer -the disehar-ge perms to be submitted: a, Each Significant Industrial User SIU wastewater discharge permit will be issued for a base fee of fire hundred--- dell-ars ($500.00". one thousand dollars ($1,000.00). 36 an ,, difi nal e r.,,nar -ed dollars ($100.00) All other User wastewater discharge permits shall be issued for a fee of five hundred dollars $500.00). implication Signatories and Certifications_ All wastewater discharge permit applications, User reports and certification statements shall be sijzned by an Authorized Representative of the User and contain the certification statement in Subsection (p)(5 )(a)of this section 17 -10. Q If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Director prior to or together with any reports to be signed by an Authorized Representative. Q Individual Wastewater Discharge Permit Decisions (4) Within sixty (60) days after- r-eeeipt of the application for disehaFge permit, the Director- shall review said application for eempliance with th-e terms wid eenditiens of +,,-,s and shall make feeomfnefidations to the BaaFd E)f Niblie 3A4)r °._fl) The Director will evaluate the data furnished by the User and may require additional information. Within sixty (60) days of receipt of a complete permit application, the Director will make a recommendation to the Board. The Board shall review the recommendation and may approve or deny application for an individual wastewater discharge permit. Q If the Board of Public Works rejects the application for noncompliance, the Board shall establish a compliance schedule and require compliance schedule reports and compliance date reports on forms supplied by the Director. 0 Individual Wastewater Discharge Permit .Issuance: Duration and Contents of Permit. fD An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge_ permit may be issued for a period of less than five (5) years, at the discretion of the Director. 37 Each individual wastewater discharge permit will indicate a specific date upon which it will expire. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to revent Pass Through or Interference, protect quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. a. Individual wastewater discharge permits must contain: Q A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date; ii) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Subsection Ln)(2 ) "Individual Wastewater Discharge Permit Cessation Revocation Transfer Reissuance" of this Section 17 -10 and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; iii) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards; iv Self monitoring, sanplingz reporting notification, and record - keeping requirements. These requirements shall include an identification of pollutants (or Best Management Practices) to be monitored, sampling_ location, sampling frequency, and sample type based on Federal, State, and Local law. Lv) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or Local law. vi Requirements to control Slug Discharges. b. Individual wastewater discharge permits may contain, but need not be limited to, the followj�n conditions: Q Limits on the average and /or maximum rate of discharge, time of discharge, and/or requirements for flow 38 regulation and eaualization: ii Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; iii Requirements for the development and implementation of spill control plans or other special conditions including management_ practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges; CIE) Development and _implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW• ova The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW; vi Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices; vii A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all..qpplicable Federal and State Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit, and viii Other conditions as deemed appropriate by the Director to ensure compliance with this ordinance, and State and Federal laws, rules and regulations. (1) fli) Permit Appeals. An administrative appeal from any terms of an individual wastewater discharge permit issued under this Section shall be made pursuant to Section 17 -11(c) of this Division, but the effectiveness of the individual wastewater discharge permit shall not be stayed pending the administrative appeal. Q Decisions by the Board not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, 39 or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. M Aglzrieyed parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the St. Joseph County, Indiana Superior or Circuit Court. Permit Modification. The Board. of Public Works ma modify a wastewater discharge permit for good cause, including but not limited to the following reasons: W To incorporate any new or' revised Federal State or local Pretreatment Standards or Requirements; Q To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance; A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized dischar e• (4) Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters. f5} Violation of any terms or conditions of the individual wastewater discharge permit; Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; To correct typographical or other errors in the individual wastewater discharge permit; or M To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Subsection (n)(2) of this Section 17 -10. •- C. r w a-. The unit ehar-ge er- sehedule of user eharges mad fees f-ar- the Ito] b, Nwner-ieal limits en the maximum wastewa4er- eenst;t„v„ts and e a „..toms+.,, r•ri irw -f-, Compliance schedules. • Mj- Y Y � -f-, Compliance schedules. • � Slbe \Y'4 YY�na a1� /W'Y l�lq!!sR!YOS�I�� 1��Yl l�SaYlw YrY! li 1�Y l�\ILTS'A � W s ar V Y � • 41 S Y Y � il19i�11 � Slbe \Y'4 YY�na a1� /W'Y l�lq!!sR!YOS�I�� 1��Yl l�SaYlw YrY! li 1�Y l�\ILTS'A � W s ar V Y � • 41 ' a � - V Y � Slbe \Y'4 YY�na a1� /W'Y l�lq!!sR!YOS�I�� 1��Yl l�SaYlw YrY! li 1�Y l�\ILTS'A � W s ar V Y � • 41 {} Wastewater Anal When requested by the Director, a User must submit information on the nature and characteristics of its wastewater within „sigy_(60) days of the request.,,. The Director is authorized to prepare a form for this purpose and ma periodically re wire Users to update this information. OWN-- wim a, U. ■ arm A - 17- m ...... a, U. NU bi-mMatien --en Individual Wastewater Dischar e Permit Cessation, Revo_ _fat Transfer, Reissuance. 42 Ul Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User. Q sx� + + a k it ire a to a speeifie disehar-ger- f r speeifie eper-ation and are not assignable to another- diseharger- of rra�sce�'v'ncez- caioiiiiu'� ti+ �iuuc' -u�. theprier �rTitten— approval -ef the ef Pubk^ We . Individual wastewater discharge permits may be transferred to a new owner or operator only i� f the permittee gives at least thirty (30 )days advance notice to the Director and the Director approves the individual wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: a. States that the new owner and /or operator has no immediate intent to change the facility's operations and processes; b. Identifies the specific date on which the transfer is to occur; and �_..._ , ._.. C. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit. Failure to provide advance notice of a transfer fenders the individual wastewater discharge permit void as of the date of facility transfer. M A User with an expiring individual wastewater discharge permit shall apply for an individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Subsection (f1 "individual Wastewater Discharge Permit — Contents" of this Section 17 -10 a minimum of nine t y (901 days rior to the expiration of the User's existing individual wastewater discharge permit, X4,1 The Director may revoke an individual wastewater discharge ep rmit for good cause, which shall be subject to appeal under Section 17 -11(c) of this Division but the effectiveness of revocation shall not be stayed pending administrative_ appeal. __ Reasons for permit revocation by the Director include but are not limited to the following: a. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge; 43 bb. Failure to provide prior notification to the Director of changed conditions pursuant to Subsection Lo 5) of this Section 17 -10; c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; d. Falsifying_ self- monitoring reports and certification statements; e. Tampering with monitoring equipment; f Refusing to allow the Director timely access to the facility premises and records; g_ Failure to meet effluent limitations; h. Failure to pay fines; J. Failure to pay sewer charges; l Failure to meet compliance schedules; k. Failure to complete a wastewater survey„ or the wastewater dischar e permit a lication• 1. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or m. Violation of any Pretreatment Standard or Requirement, or an terms of the wastewater discharge permit or this ordinance. (i) Lol Reporting requirements= List of Required Reports (1) Baseline MonitorjEg. Reports. (1) Within either one hundred eighty (180) days after the effective date of a categorical pPretreatment -,Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Categorical sigffWtea-Pt iIndustrial uUsers subjeet to suel- eategerieal - pretreatmtent standards, currently discharging to or scheduled to discharge to the POTW; shall be required submit to the Director a report which contains the information listed in paragraph (2-) La) below. At least ninety (90) days prior to commencement of their 44 discharge, nNew sSources, and sources that become Categorical � ilndustrial ,aUsers subsequent to the promulgation of an applicable categorical -,Standard, shall be required to submit to the Director a report which contains the information listed in subparagraph (2) Lal below. A nNew sSource shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. (2) a. The indus al uUsers described above shall submit the information set forth below: a.Q Identifying information. The name and address of the facility including the name of the operator and owners together with contact information, description of activities, facilities, and plant production processes on the premises. b. ii Environmental control. A list of any environmental del permits held by or for the facility. e. iii Description of operations. A brief description of the nature, average rate of production (including each product produced by type, amount, processes and rate of roduction and standard industrial classifications - __._.. p �.� , ations of the operation(s) carried out by such industrial aUser, This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated process. d iv ) Flow measurement. Information showing the measured average er estima4ed, if , daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 17 -$(d) (40 CFR 403.6(c)). e Lv) Measurement of pollutants. 1. Identifyication of the categorical pPretreatment sStandards applicable to each regulated process and „ d, processes for any new categorically regulate, , . , Existing_ Sources. 45 2. Submitssion of the results of sampling and analysis identifying the nature and concentration (and /or mass, where required by the standard or by the Director) of regulated pollutants in the discharge from each regulated process. 3. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out herein. Where the Standard requires compliance with a BMP or pollution prevention alternative the User shall submit documentation as required by the Director or the applicable Standards to determine compliance with the Standard. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists,. If other wastewaters are mixed with the re ulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with the supporting_ data shall be submitted to the Control Authority. 4. Sampling and analysis shall be performed in accordance with Subsection I "Analytica l Requirements" for reports, Section 17 -10 of this Division. 5. The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides. information sufficient to determine the need for industrial pretreatment measures 6. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is 46 representative of normal work cycles and expected pollutant Discharges to the POTW. 37. Sampling must be performed in accordance with procedures set out herein. , vii Compliance Certification. A statement, reviewed by the uUser's aAuthorized rRepresentative as defined in Section 17 -5.1,_ Division_ 1 of this Article and certified by a qualified professional, indicating whether pPretreatment sStandards are being met on a consistent basis, - and, if not, whether additional operation and maintenance (O &M) and /or additional pretreatment is required to meet the pPretreatment sStandards and rRequirements. g(viii) Compliance -,Schedule. If additional pretreatment and/or 0 &M will be required to meet the pPretreatment sStandarkgjhe shortest schedule by which the dal ,aUser will provide such additional pretreatment and/or O &M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pPretreatment -,Standard. A compliance schedule pursuant to this subsection must meet the requirements set out herein in the subsequent subpart (o)(2) of this Section 17 -10. h. ix Signature and Report Certification. All baseline monitoring reports must be signed a d certified in accordance with subseetion 4-7- 0(i)( „ below subpart 5)(a) of this Section 17 -10 and signed by an Authorized Representative as _defined_ in Section 17 -5.1, Division 1 of this Article. (2) Compliance Schedule Reports. (-3) The following conditions shall apply to the Compliance Schedule required by the foregoing Section (o)(1)(a)(viii) of this Section 17 -10. a. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the Mplicable Pretreatment Standards 47 (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginninjz and conducting_ routine operation); b. No increment referred to above shall exceed nine (9) months. C. The User shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance ineludiM, at a minimum whether or not the user complied with the increment of progress, the reason for any delay, and, if appropriate, the steams being taken by the User to return to the established schedule; and d. In no event shall more than nine (9) months elapse between such progress reports to the Director_ (3) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) days_ following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the POTW any User subject to such Pretreatment Standards and Requirements shall submit to the Director a retort containing the information described in Subsection a 1 a v "Measurement of Pollutants" of this Section 17 -10, For Users subject toequivalent mass or concentration limits established in _accordance with the procedures in Section 17 -8(d) of this Division, this report shall contain a reasonable measure of the User's long -term production_ rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge. per..unit of production or other measure of operation), this report shall include the User's actual production during tine appropriate sampling_ period. All compliance _ reports must be signed and certified in accordance with Subsection (p)(5)(0 of this Section. All sampling will be done in conformance with Subsection 2 "Sample collection" of this Section 17 -10. (4) Periodic Cornipliance Reports a. ALiy permittee subject to a pretreatment standard set forth in this Division shall submit to the Director, twice per year, unless 48' required more frequently by the discharge permit, a periodic compliance report on forms provided or prescribed by the Director indicating the nature and concentration of prohibited or regulated lated substances in the effluent. Included in the report shall be a record of all measured or estimated average and maximum daily_ flows during the reporting_ period, computed by verifiable techniques as required by the applicable discharge permit. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative the User must submit documentation required by the Director or the Pretreatment Standard necessary to determine_ the compliance status of the User. b. Users shall be required to have a Certified Industrial Wastewater Operator of the State of Indiana sign all periodic compliance reports indicating whether pretreatment Standards and Requirements are being met on a consistent basis, and if not whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements, unless otherwise indicated in the User's permit. The Director shall specify the certification class required in the User's ep rmit. C. All periodic compliance reports must be signed and certified in accordance with Subsection (p)(5)(a) of this Section 17_ 10 and signed by an Authorized Representative as defined in Section 17 -5.1 Division 1 of this Article. d. All wastewater samples must be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. e. If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than _required by the Director, using the procedures prescribed in Subsection (u )(l), "Analytical Requirements" and in Subsection (p)(2) "Sample Collection" of this Section 17 -10 the results of this monitoring shall be included in the report. .. f. A permittee may request a sampling waiver for pollutants not present. Such requests shall be subject to the review and approval of the Director. At a minimum such ,requests shall include: Q Sampling-data and other technical factors demonstrating that the pollutant is not present in the discharge; ii Data from greater than one sampling of the facility's process wastewater prior to an, treatment; and iii) A certification statement in accordance with subsection (p)(5)(a) of this Section , and signed by an ,Authorized Representative as defined in Section 17 -5,1 Division 1 of this Article. The Director may also require additional information or data. Approved requests for a sampling waiver for pollutants not present shall result in a modification of the permittee's industrial wastewater discharge permit. (5) Reports of Changed Conditions Each User must notify_ the Director of any_ significant changes to the User's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. a. The Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Subsection () "Individual Wastewater Discharge Permit — Contents" of this Section 17 -10. b. The Board of Public Works may issue an individual wastewater discharge permit under. Subsection (j) of this Section 17 -10 or modify an existing wastewater discharge permit under Subsection (1) "Permit Modification" of this Section 17-IQ,--in response to changed conditions or anticipated changed conditions. f Reports o S ills and Potential Problems a. In the case of any discharge, including, but not limited to accidental discharges, discharges_ of a. nonroutine, episodic nature, 50 a noncustomary batch discharge, a Slug Discharge or a Slug Load, or any unusual flows or wastes that might cause potential problems for the POTW the User shall immediately telephone and notif the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User. b. Within five (5) days following such discharge, the User shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken .by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property, nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this Division. C. A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph (a) , _above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure. d. Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge. (7) Reports from Unpermitted Users All Users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. (8) Notice of Violation/Repeat SantpinQ.and Resorting If sampling performed by a User indicates a violation, the User must notify the Director within twenty -four 24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty 34 days after becoming aware of the violation. 51 (9) Notification of the Discharge of Hazardous Waste a. Any User who commences the discharge of hazardous waste shall notify the POTW, the EPA Re ional Management Division Director, and State _hazardous waste authorities, in writing, of any discharge into the POTW of a ubstance which, if otherwise disposed of, would be hazardous .......,,... , waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261 the EPA hazardous waste number, _ and the type of discharge (continuous, batch, or other). If the User discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes an estimation of the mass and concentration of such constituents_ in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve 12 months. All notifications must take place no later than one hundred eighty —(180) days after the discharge commences. Any notification under this paragraph need be submitted only once _ for each _ hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection (o)(5) "Reports of Changed Conditions" of this Section 17 -10. The notification requirement in this Subsection does not apply to-pollutants already reported b Users subject to categorical Pretreatment Standards under the self - monitoring requirements of Subsection (o)(1) "Baseline Monitoring_ Report, (o)(3) Reports on Compliance with Pretreatment Standard Deadlines; and (o)(4) "Periodic Compliance Reports" of this Section 17 -10. b. Dischargers are exempt. from the requirements of paragra p h (a) above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as s ecified in 40 CFR 261.30(d) and 261.33(e),.. requires a one -time notification. Subsequent months during which the User discharges more than such quantities of any hazardous waste do not rewire additional 52 notification. C. In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the Use must notif theDirector, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. d. In the case of any notification made under this Section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. e. . This rovision does not create a right to discharge an substance not otherwise permitted to be discharged y this Division, a permit issued thereunder, or any applicable Federal or State law. LUO Notification of batch or infrequent discharge The Director may- require an industrial user that discharges industrial wastewater on a batch or infrequent basis to submit notification to the Director up to 24 hours prior to discharge of such wastewater, in order to allow inspection and sampling. b) General Standards for Reports Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge.. permit implication or re >l nrt shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and anal ical techniques are ingpl2ropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including_ procedures 53 suggested by the Director or other parties approved by EPA. f2) Sample Collection a. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, and be based on data that is representative of conditions occurring during the reporting period. 1 b. Except as indicated in Sections 3 and 4 below, the Use , e c� must collect samples using 24 -hour flow proportional composite sampling techniques unless time - proportional composite sampling or grab sampling is authorized by the Director, Where time - proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge. Using protocols including appropriate reservation specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 -hour period. may be composited prior to laboratory analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organic compounds and oil and grease, the samples may be composited in the laboratory. Grab samples may be required to show compliance with Instantaneous Limits. C. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. d, For sampling in support of baseline monitoring and 90 -day compliance reports, a minimum of four (4 grab samples must be used for pH, cyanide, total phenols, oil, and grease, sulfide and volatile organic compounds for facilities for which no historical sampling data are available. For Periodic Compliance Reports, required by 17-10(o)(4), the User is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements. fD Date o Recei t of Reports Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of M receipt of the report shall govern. If a report is due on a date that does not fall on a normal business day, the report shall be considered timely if it is received on the next normal business day. ( Recordkeeping Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and _copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under Section 17-8. shall include the date, exact place, method, and time of sampling, and-the name of the person(s) taking the samples; the dates analyses were performed, who performed the analyses; the analytical techniques or methods used; any information used to demonstrate that the analysis was performed in accordance with _methods approved in 40 CFR Part 136; and the results of such analyses. These records shall, remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of an litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Director, Certification Statements a. Certification of Permit Applications and User Reports. The following certification statement is required to be signed and submitted by.- Users submitting permit applications in accordance with Subsection (f) of this Section 17 -10; Users submitting baseline monitoring reports under Subsection (o)(1) this Section 17 -10; Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Subsection (o)(3) of this Section 17 -10• Users submitting periodic compliance reports required by Subsection _(o)(4)_ or other required User reports. The following certification statement must be signed by an Authorized Representative as defined in Division 1 of this Article: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those-.j2ersons directly responsible for gathering the 55 information, the information submitted„ is, to the best of my knowledge and belief, true accurate and complete. I am aware that there are _significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." b. Non- Significant Catezorical Industrial User Certification The following certification is required to be signed and submitted by Users meeting the conditions described in Section 17- 5.1 Division 1 of this Article. This certification statement shall be submitted with Non - Significant Categorical Industrial User Reports and must be signed by an Authorized Representative as defined in Division 1 of this article: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR , I certify that, to the best„ of my knowledge and belief that during the period from to (month, day, yearl, (a) The facility described as met the definition of a non - significant categorical Industrial User as described in 403.3(y)Q; (b) The facility complied with all applicable Pretreatment Standards and requirements during, this reporting period, c The facility never discharged more than 100 gallons of total categorical wastewater on any _given day during this reporting period, This compliance certification is based upon the following information: (-e) ql Confidentialky Information: 56 .� ........... � V • r w a Orr + v �Y 56 Information and data on a User obtained from reports, surveys, wastewater discharge permit applications ,- individual wastewater discharge permits and monitoring programs, and from the Director's inspection and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under the Indiana Access to Public Records Act (I.C. 5-14-3-4(a)L4)). Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES..program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. _Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. {-�fr� Board of Works powers. If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in this aArticle, and which in the judgment of the Board may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or otherwise create a hazard to life or constitute a public nuisance, the Board may do any of the following. (1) Require new iHdHStFieS users or industries users with significant increase in discharges to submit information on waste water characteristics and obtain prior approval for discharges. For purposes of this requirement, 57 flow increases of twenty (20) percent or greater, or the discharge of any previously unreported pollutants shall be deemed significant. (2) Reject the wastes in whole or in part for any reason deemed appropriate by the City. (3) Require pretreatment of such wastes to within the limits of normal domestic sewage as defined. (4) Require control of flow equalization of such wastes so as to avoid any "slug" loads or excessive loads that may be harmful to the treatment works. (5) Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes. If the Board permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Board and subject to the requirements of all applicable codes, ordinances and laws. Board action under Subsections 2, 3, 4 & 5 above shall be subject to judicial review as ner Section 17 -11(d) of this Division. ()O Annua pfublication of Users in sSignificant vielaie Noncompliance, . The Director shall publish annually, in the largest dA., a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by published in the "' nieip lily where the POTW is leeated, a list of the industr-ial uUsers which, at any time during the previous twelve (12) months, were in sSignificant nNoncompliance with applicable pPretreatment -,Standards and rRequirements. The term sSignificant nNoncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs (3), (4), or (8) of this Subsection) and shall mean: (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty -six (66) percent 66% or more of wastewater all the measurements limit or m,erage limi for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude).- a numeric Pretreatment Standard or Requirement, including Instantaneous Limits. by any arnei . � xa (2) Technical Review Criteria (TRC) violations, defined here as those in 58 which thirty -three (3-3) percent 3( 3%) or more of wastewater measurements taken for each pollutant parameter during a six -& month period equals or exceeds the product of the a numeric Pretreatment Standard or Re uirement including Instantaneous Limits as defined in Division 1, Section 17 -5.1 of this Article average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). (3) Any other age violation of a Pretreatment Standard or Requirement as defined in Division 1, Section 17 -5.1 of this Article (Daily Maximum long-term average, Instantaneous Limit or narrative standard that the Director believes determines has caused, alone or in combination with other discharges, i Interference or pPass tThrough (including endangering the health of &;.de-RU POTW personnel or the general public). (4) Any discharge of a pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the C ty's Director's exercise of its his or her emergency authority to halt or prevent such a discharge. (5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance. (6) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety mn) day, eempliaiiee reports on compliance with categorical Pretreatment Standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules. (7) Failure to accurately report noncompliance:;_or (S) Any other violations(s), which may include a violation of Best Management Practices, which the Director determines will adversely affect the operation or implementation of the local pretreatment program. =01 59 yf MZ_ ON , '11 - - 59 WE _ - w w � - W v r • Y • V v TH _ 11 GO I WE �r W v r • Y • V TH _ r WE _ r • Y • V _ r WE ME \—! Fame -t6 etir-aGely r- pai4 + to rn4a fit + .1 Dl- i�G1Tiv " �7us 1�RJ'[ G�CCGGf 'r+eIITLTCLC4�1'r.Til'1'll "f ehffa�.4n. -in+i� is diseharnn V31 LARUMAJ v w w w � \—! Fame -t6 etir-aGely r- pai4 + to rn4a fit + .1 Dl- i�G1Tiv " �7us 1�RJ'[ G�CCGGf 'r+eIITLTCLC4�1'r.Til'1'll "f ehffa�.4n. -in+i� is diseharnn V31 ►cry ier��re��aa�rs�:�:r�. • 'r (n) 419peak w-astewa er-- ,ais velume, eonstiteent —and of to ►cry ier��re��aa�rs�:�:r�. • 'r (n) 419peak M F 0. V W izi •- 7010 M-1 . r - - ■ I � w .0. ft.7 w � 0. V W izi •- 7010 M-1 . r - - ■ I I + ~ N W W N ■w Irmo TAW, _ in wl a• Y r C MISS Z� a • r V FjEWr.1R-wnM11 W. s Ow" 11 s_ + ~ N W W Irmo TAW, Y� in wl Y r C • r V FjEWr.1R-wnM11 W. A - Irmo TAW, ON. r C A - Irmo TAW, 62 63 .� . . A � A 1 10. HOW 4 V - M r V Y Y r Y ' 63 . . A � A 63 (9) (t) False information Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this division, may be assessed a civil penalty of not more than two thousand five hundred dollars ($2,500.00). 40) Luu) e� Users required to file reports All fees Users subject to Federal Categorical Pretreatment Standards will be required to file all reports as described in 40 CFR 403, which is incorporated herein by reference, including amendments that may hereafter be made as the same are published in the Code of Federal Regulations. These reports shall include, but not be limited to, baseline monitoring reports, compliance schedule reports, compliance date reports and periodic compliance reports. Y V M, - :e Y Y Y Y Y (9) (t) False information Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this division, may be assessed a civil penalty of not more than two thousand five hundred dollars ($2,500.00). 40) Luu) e� Users required to file reports All fees Users subject to Federal Categorical Pretreatment Standards will be required to file all reports as described in 40 CFR 403, which is incorporated herein by reference, including amendments that may hereafter be made as the same are published in the Code of Federal Regulations. These reports shall include, but not be limited to, baseline monitoring reports, compliance schedule reports, compliance date reports and periodic compliance reports. Y V M, v va ualAVUfivaa vauJJ Aequ permit. (42)fv) Compliance Schedule Reports Compliance schedule reports must be submitted by any nonresidential discharger not subject to categorical standards who is not in compliance with the terms and conditions of this division. A Y ■ • w ONY - r C - L .y ' r . w (42)fv) Compliance Schedule Reports Compliance schedule reports must be submitted by any nonresidential discharger not subject to categorical standards who is not in compliance with the terms and conditions of this division. A Y ■ • w ONY - 7 • w - ' ' r . w .�iwrwrrr:a..a- a�rw�. �iia9 +�iI�Y.1 J.A9i�ia�.Y.oa�aZ7 ?l JR 7 65 • w - 65 Bypass (D For the purposes of this Section (a). Bypass means the intentional diversion of wastestreams from any portion of a User's treatment facility. 2L Severe propeqy damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by in production. Q A User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraphs (3) and (4) of this Section. Q Bypass Notifications La) If a User knows in advance of the need for a b ass it shall submit prior notice to the Director, at Ieast ten—Cl 01 clays before the date of the bypass, if possible. A User shall submit oral notice to the Director of an unanticipated... bypass that exceeds applicable Pretreatment Standards within twenty -four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (S) days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including_ exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; „and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by- case basis if the oral report has been received within twenty. L24). hours. Bypass Prohihition O Bypass is prohibited, and the Director may _ take an .. enforcement action against a User for a bypass, unless i. Bypass was unavoidable to pLevent loss of life personal injury, or severe property damage; ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during _normal periods of equipment downtime. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering ud ment to prevent a. bypass which occurred during normal periods of equipment downtime or preventive maintenance; and; iii. The User submitted notices as required under foregoing Subsection (3 of this section. The Director may approve an anticipated bypass, , after considering its adverse effects, if the Director determines_ that it will meet the three conditions listed in paragraph (d)(1) of this Section 17 -14. O Upset For the _purposes of this Section, upset means an. exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors„ beyond the reasonable control of the User. An upset does not include noncompliance to the extent caused by perational error, improperly designed treatment facilities inadequate treatment facilities lace of preventive maintenance or careless or improper operation. Q An upset shall constitute an affirmative „defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of paragraph c below, are met. A User who wishes to establish the affirmative defense of Use shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: Ca,) An upset occurred and the User can identify the cause (s) of the upset; rem The facility was at the time being operated in a prudent and workman -like manner and in compliance with applicable operation and maintenance procedures; and Lc I The User has submitted the following information to the Director within twenty -four 24, hours of becoming aware of the u set if this information is pMvided orally, a written submission must be provided within five (5)_day_s }- (i) A description of the indirect discharge and cause of noncompliance', (ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (iii) Steps being taken and /or planned to reduce eliminate and prevent recurrence of the noncompliance. In any enforcement proceeding, the User seeking to establish the occurrence of an upset shall have the burden of proof. Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards. Users shall control ploduction of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. SECTION VII. Chapter 17, Article 2, Division 3, Section 17 -11 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -11. . Administrative Enforcement Remedies, Costs, Fees, Director Reconsideration, User Appeals, Judicial Review. — M IZ r v Sim Ump Z v 1) Administrative Enforcement Remedies. M Letter of Violation When the Director finds that a User has violated, or continues _to violate, any provision of this ordinance, an individual wastewater discharge permit, or order. issued hereunder, or any other Pretreatment Standard or Requirement, the Director may serve upon that User, a written Letter of Violation. Within fourteen (14) days of the receipt of such letter, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Director. Submission of such a plan in no way relieves the User of liability for or any violations occurring before or after recgjpt of the Letter of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergesey_ actions or any other enforcement action without first issuing a Letter of Violation. Q Consent Orders The Director may enter into consent Orders, assurances of ,compliance, or other similar documents establishinagreement with any Use responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative compliance orders and cease and desist orders issued pursuant to Subsections (d ) and„ (e)_of this Section and shall be judicially enforceable_. Show Cause Hearin, The Director may order a User which has violated, or continues to violate, any _provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, proposed enforcement action, the reasons for such action, and a request that the User Gill show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or byre istered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice mgy be served on any Authorized Representative of the User as defined in Division 1 Section 17 -5.1 of this Article and required by Subsection (p)(5) "Signatories and Certifications" of Section 17 -10 of this Division 3. A show cause hearing_ shall not be a bar against, or prerequisite for, taking any other action against the User. Compliance Orders When the Director finds that a User has violated, or continues to violate, any provision of this ordinance an individual wastewater discharge permit, or order issued hereunder, or any _other. Pretreatment Standard or Requirement, the Director may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities devices or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability. for any violation including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User. Cease and Desist Orders When the Director finds that a User has violated. continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User's past violations are likely to recur, the Director may issue an order to the User directing-it to cease and desist all such violations and directing the User to: Qi) Immediatelcomply with all requirements; and ii Take such appropriate remedial or preventive action as may be needed_ to properly address a continuing or threatened violation, including halting operations and /or terminating the discharge. 70 Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User. Emergency Suspensions The Director may immediately suspend a User's discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend_ a User's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which present, or may present,_ an endangerment to the environment. Cil Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User's failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to py individuals. The Director mgy allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings of subsequent ara ra h h of this Section 17 -11 are initiated against the User. Ci il A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing; the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under ara rah c or h of this Section 17- 11. Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section. Q Termination of Discharge In addition to the provisions in Subsection_ (n)(4) "Revocation of Permits" of this Section 17 -10, any User who violates the following conditions is subject to discharge termination: 71 Violation of individual wastewater discharge permit conditions, ii Failure to accurately report the wastewater constituents and characteristics of its dischar e• iii Failure to report significant changes _ in operations or wastewater volume, constituents and characteristics prior to discharge; iv Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring or sampling; ox (y) Violation of the Pretreatment Standards in Section 17 -8 of this Article. Such User will be notified of the proposed termination of its discharge be offered an opportunity to show cause under this Section 17 -11 (c) why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User. Costs Any User who violates any of the provisions of this Division or who discharges or causes a discharge producing-..a. deposit or obstruction or causes damage to or impairs the wastewater treatment and collection system (including all receiving systerns)_under the jurisdiction of the City shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The DirectorT shall bill the User for the costs incurred for any cleaning, repair or replacement work caused by the violation or discharge. Lcl Administrative Fees fn When the Director finds that a User has violated, or continues to violate any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or-apy.. other Pretreatment Standard or Requirements, the Director may fine such User in an amount not to exceed two thousand five hundred dollars ($2,500.00) Such fines shall be assessed on a per - violation, per -dates. In the case of monthly or other long -term average discharge limits, fines shall be assessed for each da y during the eriod of violation. 72 (Q Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within ten (10)_ days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the User's appeal is successful, the payment shall be returned to the User. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. Q) Issuance of an administrative fine shall not be a „bar against, or a prerequisite for, taking any other action against the User. Director Reconsideration and User Administrative Appeals Actions Subject to Director Reconsideration and /or Board of Works Appeal.Any User aggrieved by a final action delegated to the Director under: Lal Section 17-10(a)(2) requiring a User to restrict the volume or point of discharge; Section 17-10(a)(3) requiring a User to install a storage or flow - control facility; (c) Section 17 -10 a 2 den in a permit transfer; or Section 17- 1004) revoking a permit. (e) This Section 17 -11, subsection (a), issuing any authorized Administrative Enforcement Remedy may request reconsideration by the Director within fifteen (15) days of such Director action and the Director shall have thirty 30 days from receipt of request to make a decision related to reconsideration. If the Director fails to act within thirty (30) days from receipt of the request, or if the Director's reconsideration decision is unsatisfactory to the User requesting reconsideration, the User mqy appeal such decision to the Board of Public Works upon submission of a written petition for review filed with the Board of Public Works within seven (71-days after notification of the Director's decision, or if the Director fails to act, then the written petition for review shall be filed with the Board of Public Works thirty-five eve (35) days the date of request for Director reconsideration. 73 _U2 Filing Requirements and Procedure fa� A request for Director reconsideration and a petition for appeal filed under the foregoing provision must identify the specific action or condition to which objection is made the legal and factual basis for the objection, attaching any documents supporting the obiector's position, and the alternative condition or result, if any, that the objector desires. 2) A request for Director reconsideration and a petition far appeal shall be deemed timely filed if delivered in person to the Director's office in the case of a request for reconsideration_ or the Board's office in the case of petition for appeal, or by electronic Cc) If the Board fails to hold a hearing on a petition for appeal within thirty (3O) days, or to render a decision within sixty (60) days -after the filing of the petition, the petition shall be deemed denied. (e� Judicial Review Any person aggrieved by a final action of the Board of Public Works under: 1 Section 17-10(d)(1) approving or denying-..an.#pplication for an individual wastewater discharge permit ;_ including any condition, obligation, or limitation imposed by a permit under Section 17 -10 or this Section 17 (2) Section 17 -100) modifying a permit or condition thereof, (3) Section 17- 10(r )(), (3), (4) or (5) reject ng wastes in whole or in part, requiring pretreatment of such wastes, requiring flow equalization, requiring a surcharge, or disapproving the design of any pretreatment plant or equipment; or (4) Subsection (c)(1) of this Section 17 -11. Shall be subject to judicial review by the filing_ of a complaint for review of final agency action with the St. Joseph County, Indiana Superior or Circuit Court. 74 SECTION VIII. The present version of Chapter 17, Division 3, Section 17 -12 of the South Bend Municipal Code is renumbered as Section 17 -16 inserted hereafter. Section 17 -12 is now be amended to read in its entirety as follows: See. 17 -12. Judicial Enforcement Remedies La) Injunctive belief When the Director finds that a User has violated or continues to violate any. provision of this ordinance an individual wastewater discharge enmit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may petition the St. Joseph Superior or Circuit Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains, or compels the specific performance of the individual wastewater discharge .permit, or other requirement imposed by this ordinance on activities of the .User. The Director may also seek such other action as is appropriate for legal„ and/or equitable relief, including. a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User. Civil Penalties M A User who has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the City for a maximum civil penalty of Two Thousand- five Hundred Dollars ($2,500.00) per violation, per day. In the case of a monthly or other long—term average discharge limit, penalties shall accrue for each day during the period of the violation. Q The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Cif In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation. any economic benefit gained through the User's violation, corrective actions by the User, the compliance history of the User, and an other factor as justice requires. WI J Filing a snit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User,. tQ Remedies Nonexclusive The remedies provided for in this Division are not exclusive. The Director may take any, all or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response guide. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement_ action against any noncompliant User. SECTION IX. The present version of Chapter 17, Division 3, Section 17 -13 of the South Bend Municipal Code is renumbered as Section 17 -6 inserted hereafter. Chapter 17, Division 3, Section 17 -13 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -13. SuRplemental Enforcement Action (a) Penalties or Late Re arts A penalty of two hundred fifty dollars ($250.00) may be assessed to any User for each day that a report required by this Division, a report required by a permit or order issued hereunder is late. Actions taken by the Director to collect late Mortingpenalties shall not limit the Director's authority to initiate other enforcement actions that mqy include penalties for late reporting violations. fb Per ormance Bonds The Director may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to comply with any provision of this Division, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such User first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance. Liability Insurance The Director may decline to issue or reissue an individual wastewater discharge to any User who has failed to comply with any provision of this Division, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the User first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. ^T Denial or Non - Renewal o Permit The Director may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to a an outstandin fees fines or penalties incurred as a result of any provision of this Division, a previous individual wastewater discharge permit, or order issued hereunder. De Water Supply Severance Whenever a User has violated or continues to violate any provision of this Division, or violates an individual wastewater discharge i?ermit, or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the User may be severed. Service will recommence, at the User's expense, only after the User has satisfactorily demonstrated its ability to comply. f_0 Public Nuisances A violation of any provision of this Division or a violation of an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement is hereby declared a public nuisance, and shall be subject to the provisions of The South Bend Municipal Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. �gj Administrative Appeal. Appeal of Director action under subparts (a) through (d ) of this Section 17- 13 is subject to the terms of Section 17 -11 c of this Divisions ecif in Dire reconsideration and/ or administrative appeal. Appeal of a termination of water service under subpart (e) of this Section shall be subject to judicial review under Section 17 -11(d) of this Division. SECTION X. Chapter 17, Division 3, Section 17 -14 of the South Bend Municipal Code is deleted in its entirety, and Section 17 -15 is renumbered and repositioned as Section 17 -17 and Section 17 -14 shall now be amended to read in its entirety as follows: Sec. 17 -14. industrial flow information. Pretreatment Charzes and Fees 77 !!!'J!!: R S ON ! R! RE Y W The City may adopt reasonable_ fees for reimbursement of costs of setting up and operating the City's Pretreatment Program, which may include: U Fees for wastewater discharge permit applications including „the cost of processing such Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a User's discharge, and reviewing monitoring reports and certification statements submitted by Users. All Users shall incur a minimum fee of one hundred dollars 100.00 for sample collection activities performed by City personnel; (el Fees for reviewing and responding, to accidental discharge procedures and construction; (d) Fees for filing appeals; Le) Fees to recover administrative and legal costs (not included in the above Subsection (b) of this Section 17 -15 )associated with the enforcement activity taken by the Director to address „IU „noncompliance, and M Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and penalties chargeable by the City. If any provision of this ordinance is invalidated by any court of competent jurisdiction the remaining provisions shall not be affected and shall continue in full force and effect. SECTION XL Chapter 17, Division 3, existing Sections 17 -12 and 17 -13 of the South Bend Municipal Code are now combined and renumbered as Section 17 -16, and this combined Section 17 -16 is now amended to read in its entirety as follows: See. 17 -126. �Unpollu#ed e Cooling waters. O Unpolluted cooling waters Unpolluted water from air conditions, cooling, condensing systems or swimming pools shall be discharged to a storm sewer, where it is available, or to a combined sewer approved by the City. Where a storm sewer is not available, discharge may be to a natural outlet approved by the City Engineer and by the State of Indiana. Where a storm sewer, combined sewer or natural 78 sewer is not available, such unpolluted water may be discharged to a sanitary sewer pending written approval by the City Engineer. (b) Polluted coaling waters. Industrial cooling water, which may be polluted with insoluble oil or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with the above section. SECTION XII. Chapter 17, Division 3, Section 17 -15 of the South Bend Municipal Code is renumbered as Section 17 -17. Former Sections 17 -16 and 17 -7 are deleted and the title heading of Section 17 -18 is amended, all of which changes shall be as follows: See. 17 -157. Industrial wastewater sampling. The strength of wastewaters shall be determined, for periodic establishment of charges provided for in the sewer rate ordinance, from samplings taken at the aforementioned structure at any period of time and of such duration and in such manner as the City may elect, or at any place mutually agreed upon between the user and the City. Appropriate charges for sampling and analysis may be assessed to the user at the option of the City. The results of routine sampling and analysis by the user may also be used for determination of charges after verification by the City. F2 TV-9w E OF— ....... Z. ve w ran 79 WHE w IS - a 11 INN . r r . r • Y W y 79 Sec. 17 -18. Protection from damage; arrest for violation. No unauthorized person shall maliciously, willfully or recklessly break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest. SECTION X11I. The existing versions of Chapter 17, Division 3, Section 17 -19 and Section 19.1 of the South Bend Municipal Code have been moved and renumbered as Section 17 -9 pursuant to Section V of this Ordinance. Former Section 17 -9 is moved and now recodified as Section 17 -19 which follows. Section 17 -19.2 of the South Bend Municipal Code is deleted because it is covered elsewhere in this Ordinance. Section 17 -19.1 is recodified and combined with existing Section 17 -19, which is now amended to read in its entirety as follows: Sec. 17 -19. Discharges into sanitary sewer prohibited. (a) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of said City, any human excrement, garbage or other objectionable waste. (b) No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water or unpolluted industrial water. (c) Storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. No person shall use such sewers, however, without the specific permission of the City. (d) No new connection shall be made unless there is capacity available to all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for BOD and S.S. (e) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the City, any wastewater or other polluted water except where suitable treatment has been provided in accordance with provisions of this article and the NPDES permit. (0 No person shall discharge or cause to be discharged to any natural outlet any :! wastewater or other polluted water except where suitable treatment has been provided in accordance with provisions of this article and a NPDES permit. (g) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (h) The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right -of -way in which there is now located a public sanitary or combined sewer of the City is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the property line. SECTION XIV. Chapter 17, Article 2, Division 4, Section 17 -27.1 of the South Bend Municipal Code is hereby deleted because its substance is covered by Code Chapter 17, Article 2, Division 3, Section 17- 10(d). SECTION XV. Chapter 17, Article 2, Division 6, of the South Bend Municipal Code shall be amended to read in its entirety as follows: DIVISION 6. RECOVERY OF COSTS, PEN n Y T , SEVERABILITY, CONFLICT - e wo Mn i w �r SECTION XIV. Chapter 17, Article 2, Division 4, Section 17 -27.1 of the South Bend Municipal Code is hereby deleted because its substance is covered by Code Chapter 17, Article 2, Division 3, Section 17- 10(d). SECTION XV. Chapter 17, Article 2, Division 6, of the South Bend Municipal Code shall be amended to read in its entirety as follows: DIVISION 6. RECOVERY OF COSTS, PEN n Y T , SEVERABILITY, CONFLICT 81 - e wo - URN MU QZ; RA 9 y 81 Sec. 17 -34 32. Construction of aArticle. No statement contained in this aArticle shall be construed as being amendatory to or taking precedence over the provisions of this Code fixing the schedule of rates and charges to be collected by the City from the owners of property served by the wastewater collection and treatment system. See. 17 -35 33. Severability and conflicts. (a) If any provision, paragraph, work, section or chapter of this aArticle is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs, works, sections, and chapters shall not be affected and shall continue in full force and effect. (b) All other City Code provisions, ordinances and parts of other ordinances inconsistent or conflicting with any part of this aArticle are hereby repealed to the extent of such inconsistency or conflict. Secs. 17 -36 34- 17 -38. Reserved SECTION XVI. —This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 82 ISO' rii�iwsar ywi rr rey�+...v.1' � i =n+� .aiWia'tir.�av Y MM 'v C` i Sec. 17 -34 32. Construction of aArticle. No statement contained in this aArticle shall be construed as being amendatory to or taking precedence over the provisions of this Code fixing the schedule of rates and charges to be collected by the City from the owners of property served by the wastewater collection and treatment system. See. 17 -35 33. Severability and conflicts. (a) If any provision, paragraph, work, section or chapter of this aArticle is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs, works, sections, and chapters shall not be affected and shall continue in full force and effect. (b) All other City Code provisions, ordinances and parts of other ordinances inconsistent or conflicting with any part of this aArticle are hereby repealed to the extent of such inconsistency or conflict. Secs. 17 -36 34- 17 -38. Reserved SECTION XVI. —This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 82 ISO' rii�iwsar ywi rr rey�+...v.1' � i =n+� .aiWia'tir.�av Sec. 17 -34 32. Construction of aArticle. No statement contained in this aArticle shall be construed as being amendatory to or taking precedence over the provisions of this Code fixing the schedule of rates and charges to be collected by the City from the owners of property served by the wastewater collection and treatment system. See. 17 -35 33. Severability and conflicts. (a) If any provision, paragraph, work, section or chapter of this aArticle is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs, works, sections, and chapters shall not be affected and shall continue in full force and effect. (b) All other City Code provisions, ordinances and parts of other ordinances inconsistent or conflicting with any part of this aArticle are hereby repealed to the extent of such inconsistency or conflict. Secs. 17 -36 34- 17 -38. Reserved SECTION XVI. —This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 82 Y Y MM r Sec. 17 -34 32. Construction of aArticle. No statement contained in this aArticle shall be construed as being amendatory to or taking precedence over the provisions of this Code fixing the schedule of rates and charges to be collected by the City from the owners of property served by the wastewater collection and treatment system. See. 17 -35 33. Severability and conflicts. (a) If any provision, paragraph, work, section or chapter of this aArticle is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs, works, sections, and chapters shall not be affected and shall continue in full force and effect. (b) All other City Code provisions, ordinances and parts of other ordinances inconsistent or conflicting with any part of this aArticle are hereby repealed to the extent of such inconsistency or conflict. Secs. 17 -36 34- 17 -38. Reserved SECTION XVI. —This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 82 Member of the Common do'uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2_, at o'clock M. Approved and signed by me on the at o'clock, _.m. I St READING -S-1-1 I PUBLIC HEARING 3 rd READING NOT APPROViD REFER RE PASSW City Clerk day of 2 1 Mayor, City of South Bend, Indiana Ir f 83 MAY - AT Z Uj I L , JOHN VOORDE Ciry CLERK, 8 --TU'rH REND, IN April 22, 2011 Dear Ms. Nayder, My wife and I (Ryan Fenstermaker, 4124 Old Cleveland Rd, South Bend, IN 46628) would like o withdraw ur request for petition in order to rezone or property from Light Industrial I) to Sin Family (SF). In your records this request is referenced as file numb -11. It has been decided that our goals can be accomplished through variances along and that rezoning is not required in order for us to replace our barn that fell this past winter. If for some reason this outcome is changed during the course of the variance hearings, we will reapply for rezoning. If you have any questions, please contact meat (574) 286 -3881. Thank you! Ryan Fenstermaker ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4124 OLD CLEVELAND RD, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT ONE (1) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning on the property is LI, Light Industrial District. We are looking to be rezoned to SF1, Single Family and Two Family District. We would like to have this rezoning accomplished in order to replace our barn that collapsed during the heavy snow fall that we had this past winter. Our home was built in 1888 and has been well maintained including a complete upgrade about 5 years ago. This barn is essential to our living as it is where we store our lawn equipment, Christmas decorations, etc since we have an old Michigan style basement. Being rezoned Single Family and Two Family will give us the ability to stay Nappy in our home for years to come. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: SI'T'UATED IN THE COUNTY OF ST. JOSEPH AND STATE OF INDIANA: THE EAST HALF OF THE FOLLOWING DESCRIBED TRACT: A PARCEL OF LAND IN THE EAST HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 2 EAST, WHICH PARCEL IS BOUNDED BY A LINE RUNNING AS FOLLOWS, VIZ; BEGINNING ON THE NORTH BOUNDARY LINE OF SAID SECTION 28, AT A POINT 333 FEET EAST OF THE WEST EIGHT CORNER; THENCE EAST 239 FEET; THENCE SOUTH 546.79 FEET; THENCE WEST 239 FEET; THENCE NORTH 546.79 FEET TO THE PLACE OF BEGINNING. PERMANENT PARCEL NUMBER: 71- 03 -28- 100 - 005.000 -009 FIRST AMERICAN ORDER NO: 41812215 be and the same is hereby established as SFI: Single Family and Two Family District. 1-1 REEADING� PASSED? SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock .m. City Clerk Approved and signed by me on the day of , 20 at o'clock M. Mayor of the City of South Bend, Indiana t,PR =-5 2011 JOE-IN VOORDE CITY CLEF --.. SOUTH BEND, Its CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA CONTROLLER May 4, 2011 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 re: Omnibus Capital Investment Bill for Appropriation by the Common Council Dear President Dieter: City Administration has been actively pursuing several projects pertaining to economic development, community development, and structural improvement of interest and benefit to the City of South Bend. As such, City Administration herewith submits for Council consideration, the attached bill, which includes the request of funding for projects as follows: Potawatomi Conservatory -- request for capital investment of $1.2 million to renovate and rehabilitate the existing conservatory facility, whereby securing the facility as a cultural asset of the City of South Bend. Funds will be used to affect required repair and maintenance, and upgrade to the existing structure. Alonso Watson Bridge — request for capital investment of $0.7 million to replace the existing structure, which is deficient and presently unusable due to structural deficiencies. Street Paving — request for capital investment of $21 million to allow additional street paving projects to be affected in fiscal 2011 required to improve certain deficient city streets and for installation of a new traffic signal on Western Avenue at Laurel Street to accommodate efficient traffic flow in and out of the Kroc Center. Street Lighting — request for capital investment of $0.3 million to improve city street lighting in certain . areas of the city. Site Consolidation — request for capital investment of $1.2 million to allow for consolidation of property adjacent to the former St. .Joseph Hospital site to support economic development and community development investment. Utility Relocation — request for capital investment of $60k to affect relocation of utility locations pertaining to the State of Indiana US 31 project. County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 - 1830 } Phone: 5741235 -9216 Fax: 5741235 -9928 TDD: 5741235 -5567 U� Property Acquisition - request for capital investment of $1.0 million to allow for the property acquisition of the Transpo property located on North Side Blvd. in the City of South Bend, to enable economic development on the site for the benefit of the City. Infrastructure Investment - request for capital investment of $1.5 million to fund project to strengthen Riverside Drive & Angela sewer main and allow for economic development business expansion on existing industrial site. Miracle Park Investment - request for capital investment of $1.0 million to allow for project planning, property acquisition and other infrastructure improvements for city investment in the Miracle Park project. Riverwaik Repairs - request for capital investment of $50k for repair & maintenance of riverwalk support pylons in deterioration and in need to structural repair. Equipment Investment - request for capital investment of $40k for replacement of inefficient and obsolete water pumping equipment at the Elbel Golf Course. The proposed source of funds for this appropriation is as follows: - Project .. Fund ... $ Amount Potawatomi Conservatory Fund 404 COIT 1,200,000 Alonso Watson_ Bride g Fund 404 CDIT 700,000 I Street Paving Fund 202 Motor Vehicle Highway 700,000 1 Fund 251 Local Roads & Streets 1 440,000 Street Lighting Fund 404 COIT _ _ -- _._ _ _300,000 Site Consolidation J Fund 408 EDIT 1,200,000 ` Utility Relocation Fund 412 Major Moves 60,000 i Property Acquisition Fund 408 EDIT -- - . _. _ .._ . _ . 1,000,000 i infrastructure Investment Fund 408 EDIT _ 1,500,0. 00 j Miracle Park Investment Fund 408 EDIT ...... 1,000,000 Riverwalk Repairs Fund 201 Parks & Recreation 50,000 I Equipment Investment Fund 201 Parks & Recreation 40,000 ' - Total 9,150,000 .� This bill is presented to Council for first read at the May 9, 2011 Council meeting; committee meeting, 2nd read, 3 d read and Council vote on May 23, 2011. Mayor Luecke will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing and at the Council meeting. City Administration is available to discuss any matters concerning this Bill at the convenience of the Council. Regards, Gregg Zientara cc: Ste been J. Luecke, Mayor of the City of South Bend Gary Gilot, Director, Public Works Filed In I�. MAY Gtr 1Rf '~ = i' ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $9,150,000 FOR MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 STATEMENT OF PURPOSE AND INTENT Several projects pertaining to economic development, community development, and structural improvement have been identified of interest and benefit to the City of South Bend. Among these are: Potowatomi Conservatory renovation and rehabilitation ($1,200,000); 2. Alonzo Watson Bridge replacement due to structural deficiencies ($700,000); 3. Street Paving and Kroc center traffic signal ($2,100,000); 4. Street Lighting improvements ($300,000); 5. St. Joseph Hospital area site consolidation for economic and community development investment ($1,200,000); 6. US 31 Project utility relocation ($60,000); 7. Transpo Property site acquisition and related costs for economic development of this site ($1,000,000); 8. Sewer infrastructure investment at Riverside & Angela to facilitate economic development ($1,500,000); 9. Miracle Park planning, property acquisition and infrastructure improvements ($1,000,000); 10. East Bank riverwalk repair of structurally deficient boardwalk support pylons ($50,000) 11. Elbel Golf Course water pump equipment replacing inefficient and obsolete equipment ($40,000); It is necessary to appropriate the funds to make the above identified capital investment expenditures. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following sums are appropriated and set aside within the following City Funds for purposes of capital investments on various projects: Project Fund $ Amount Potawatomi Conservatory Fund 404 COIT 1,200,000 Alonso Watson Bridge. Fund 404 COIT 700,000 Street Paving Fund 202 Motor Vehicle Highway 700,006 . Fund 251 Local Roads .& 'Streets 1,400,000 Street Lighting Fund 404 COLT 466,000 Site Consolidation Fund 4.08 EDIT 1,200,006 Utility Relocation Fund 412 Major Moves 60,000 Property Acquisition Fun ' d 408 EDIT 1,000,000 ....Infrastructure investment Fund 408 EDIT 1,500,000 Miracle Park Investment Fund 408 EDIT 1,000,000 iverwalk repairs, Fund 201 Parks & Recreation 50,000 Equ.ipmeni !nvestment.. Fund 2.01 Parks & Recreation 40,000 Total 9,150,000 Section 11. 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 st READING S A—( 'UBLIC HEAPNG 3 rd READNG 40T APPROVED -EFERPED A55ED — Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the .day of P 2 at o'clock - M. Approved and signed by me on the day of o'clock . In. Mayor, City of South Bend, City Clerk Filed in ina r, AY 2, U., I JOHK