The URL can be used to link to this page

Home My WebLink About06-25-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JUNE 25, 2012 7 : 00 P.M. 1 . INVOCATION - FATHER DAVE PORTERFIELD 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES - REPORT FROM CATHY TOPPEL- CODE ENFORCEMENT ON FUNDS FOR ILLEGAL DUMPING 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 12-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 17-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EAST/WEST ALLEY FOR A CENTERLINE DISTANCE OF 125 . 71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EAST/WEST ALLEY 23-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET OT BE VACATED (AS A CLARIFICATION FOR VACATION ORDINANCE 9994-10) IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 50 FEET 20-12 PUBLIC HEARING ON A BILL OF THE ' COMMON COUNCIL OF ' THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125 . 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION 21-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS 24-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,, AMENDING CHAPTER 13, ARTICLE 6 ADDRESING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 1376 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES 18-12 PUBLIC HEARING ON . A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A DOWNTOWN MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT 25-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY' S POLICY CONCERNING NEPOTISM IN CITY EMPLOYMENT, AND CONTRACTS WITH RELATIVES OF ELECTED CITY OFFICIALS, IN CONFORMITY WITH INDIANA LAW 8 . BILLS, THIRD READING TIME; BILL NO. 08-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, DOUGLAS ROAD LAND PARTNERS SOUTH, LP, 17201 DOUGLAS ROAD 12-12 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 17-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EAST/WEST ALLEY FOR A CENTERLINE DISTANCE OF 125 . 71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EAST/WEST ALLEY 23-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY. THE STREET OT BE VACATED (AS A CLARIFICATION FOR VACATION ORDINANCE 9994-10) IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 50 FEET 20-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125 . 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION 21-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS 24-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 6 ADDRESING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES 18-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A DOWNTOWN MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT 25-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY' S POLICY CONCERNING NEPOTISM IN CITY EMPLOYMENT, AND CONTRACTS WITH RELATIVES OF ELECTED CITY OFFICIALS, IN CONFORMITY WITH INDIANA LAW 9 . RESOLUTIONS BILL NO. 12--53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT WESTERN AVENUE BE DESIGNATED AS A TOP PRIORITY FOR REVITALIZATION- AND THAT A NEW ACTION PLAN BE DEVELOPED 10 . BILLS, FIRST READING BILL NO. 26-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-11 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS 27-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $20, 625. 00 WITHIN GENERAL FUND NO. 101 FROM A DEPARTMENT OF ADMINISTRATION AND FINANCE ACCOUNT TO AN OFFICE RENTAL ACCOUNT IN THE SOUTH BEND HUMAN RIGHTS DIVISION 28-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13- 75 . 5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB-PARAGRAPHS 1, m, and n TO PARAGRAPH (a) (5) OF THE SOUTH BEND MUNICIPAL CODE 11 . UNFINISHED BUSINESS A. REPORT FROM AREA BOARD OF ZONING APPEALS 1 . BILL NO. 12-54 - SPECIAL EXCEPTION - 508 &. 512 WEST COLFAX AVE. B. REPORT FROM AREA PLAN COMMISSION 1 . BILL NO. 19-12 - AMEND CHAPTER 21 SECTION 21-09. 05 DEVELOPMENT REVIEW PROCEDURES 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please gave Reasonable Advance Request when Possible. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 2001 Lot 14 was located in a Business District. It was then zoned Commercial. The tot still lays in a Business District that was changed to Residential in 2002. There are Office Buildings on all sides of Lot 14 2nd Add. There is a lawn yard cutting garage across the street. The back of it lies against the Rug Company Building. There is an empty dance Studio in front of the Lot that I want to zone commercial. There is a service Station next to the Dance Studio with an empty electrical building beside the Service Garage. Our community has been around business all our lives. We were told the City was going to buy the house in our community for a development. Now the Lot has an old one stall garage on it that looks too small for the lot. I would like to rezone it commercial, build a beautiful two stall garage on Lot 14, 2nd addition. The garage would fill in the space the one stall garage does not fill in. My son can use the garage to start up a business when he graduates for Ivy Tech State College. If it doesn't work out for him and he decides to expand his business into a large garage on a larger business district, I will use the garage to make L shaped aquariums to sell on the internet. The garage will take the place of the old garage and help improve the neighborhood that I live in and help make a better looking community. 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 14 Parry's 2nd Addition be and the same is hereby established as CB Community Business District. 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. Ow_0- i) Member of the Com nCo`uncil� zi Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the —day of 2 at o'clock M. City Clerk Approved and signed by me on the day of 2 at o'clock M. Mayor, City of South Bend, Indiana Red. gvTli ce ie op 0,- 4,ulz I REAMK, M",jjc HEEAPZI�NG 3 rJ READiNG CITY CLERK,sik�i..!"p., NOT APPROVED LTY RE-FERRED, PETITION TO REZONE City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 501 SOUTH PARRY STREET 2) The property Tax Key Number(s)is/are: 3) Name and address of property owner(s)of the petition site: (Name) (Address) (City),(State) (Zip Code) 00,&IN%DJANMA46617 ((Area Code))(Phone number) (574){233-5842) For additional owners,reprint additional pages with signatures 4) Name and address of contingent purchasers), if applicable: (Name) (Address) (City), (State) (Zip Code) ,6(Statc) (Zip Code) ((Area Code))(Phone number) ((Area Code))(Phone Number) MIMMM For additional owners,reprint additional pages with signatures 5) it is desired and requested that this property be rezoned: From: (Insert current zoning)District To: (Insert new zoning)District 6) This rezoning is requested to allow the following use(s): (Insert intended use(s)) 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a Iist of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) addressed,stamped envelopes for all property owners within 300 feet of the petition properly. PETITION PREPARED BY: Signature(s)of All Property owner(s), or signature of Attorney for all property owner(s): EUGENE PHILLIPS 509 SOUTH PARRY STREET SOUTH BEND, INDIANA 46617 ((Area Code))(Phone number) (E-Mail Address) CONTACT PERSON: (If different) (Name) (Address) (City), (State) (Zip Code) ((Area Code))(Phone number) �._..- (E-Mail Address) a G°� y�R 9IN Y� 1 , rr�c. nn x n (� `�� G LASS YET cels County Parcels 1VlAILINGAD MAILIN MAILING PROP PROP ADD PRO PROP_ Rec PARCELID NAME–11 D MAILINGCiT GSTA ZIP R _C1TY P S7 ZIP 018-6013- PHILLIPS 1 0301 EUGENE 501 Parry South Bend IN 46617 501 PARRY South Bend IN 46617 436 S 018-6009- MILLER 20193 GREG M 415 Parry St South Bend IN 46617 STREET South Bend IN 46617 HAZEL 018-6009- WILLIAM C 3 0199 JR rDr South.Bend IN 46601 FRANCES South Bend IN H46617 WORD- ROSARY 018-6009- INTERCESS 514S rte/ 4101196 ORS INC South Bend IN 46615 FRANCES South Bend IN THE ROBERT HENRY 018-6013- CORPORATI 0295 ON Po Box 1407 South Bend IN 46624 425 PARRY South Bend IN 46617 HERRMAN THOMAS J AND 54490 018-6013- KATHLEEN Whispering 6030001 A Oak Dr Mishawaka— 46544 501 EDDY South Bend IN 46617 018-6013- JOHNSON 7 0298 PATTIE 43 arty ST South Bend IN 46617 433 PARRY South Bend IN 1 46617 ROBERT 018-6008- RY P 0 Box 432 $ 0191 CORP South Bend IN 46624 FRANCIS South Bend IN 4 THE ROBERT HE Y CO PO 018-6008- ON P.O. S 428S 9 0190 BOX 1407 Frances South Bend IN 46624 FRANCES jSouth Bend IN 46617 018-6013- TffLL 100296 JEFFREY M 933 South Bend IN 46637 429 PARRY South Bend IN 46617 HAZELTON 018-6009- JEREMY& 520 S 520S 11 0197 KATi Frances South Ben N 46617 FRANCES South Bend IN 46617 018-6013- CLAR 12 0308 VENISE ST South Bend IN 46617 PARRY South Bend IN 46617 ROBERT 018-6006- HENRY P O Box 426 1311111 ICORP 11407 ISouth Bend IN I 46624 FRANCES South Bend JIN 1 46617 WARREN 018-6009- JOHN A& 512S 27 0194 SANDRA K Frances St South Bend IN 46617 jV/L FRANCIS South Bend IN 46617 018-6013- PHILLIPS 2810302 EUGENE 509 Parry South Bend IN 46617 509 PARRY South Bend IN 46617 HERRMAN - THOMAS J AND 54490 018-6013- KATHLEEN Whispering 29 0300 A Oak Dr Mishawaka IN 46544 505 EDDY South Bend IN 46617 HERRMAN THOMAS J 225 S 018-6013- KATHLEEN Lafayette 30!0286 A Blvd. South Bend IN 46601 409 EDDY South Bend IN 46617 CUELLAR JOSE& MARTI FROS& 31 0283 NOT AS TIC 411 Parry Booth Bend IN 46617 411 PA ou Bend IN 46617 HERRMAN THOMAS J AND 54490 018-6013- KATHLEEN Whispering 32 0292 A Oak Dr Mishawaka IN 465441 425 EDDY South Bend IN 46617 THE ROBERT HENRY 018-6013- CORPORATI 33 0290 ON Po Box 1407 South.Bend IN 46624 421 PARRY South Bend IN 46617 THE ROBERT ` HENRY 018-6008- CORPORAT! 420S 1420S 34 0188 ON Francis St South Bend IN 46617 FRANCES South Bend IN 46617 HERMANN THOMAS J 54490 018-6013- AND Whispering 35 0294 KATHLEEN Oak Dr Mishawaka IN 46544 429 EDDY South Bend IN 46617 ROBERT 018-6013- HENRY P O Box 36 0289 CORD 1407 South Bend IN 46624 419 PARRY South Bend IN 46617 HERRMAN THOMAS J AND 225S 018-6013- KATHLEEN Lafayette 37 028701 A Blvd. South Bend IN 46601 421 EDDY South Bend IN 1 46617 SOUTH BEND 215 SOUTH 018-6114- COMMUNIT ST JOSEPH 384097 Y CORP ST South Bend IN 46601 528 EDDY South Bend IN 46624 CJS 018-6013- NTALS 46641 14 031201 LLC Lakeview Dr Decatur MI 49045 531 PARRY South Send IN 46617 016-6013- 15,0311 EDDY LLC St South Bend IN 46617 527 EDDY South Bend IN 46617 018-6013- EUANS 527 PARRY- 16 0312 ANDREW T ST South Bend IN 46617 527 PARRY South Bend 1 018-6013- 525 SOUTH P 0 Box 17 0310 EDDY LLC 4582 South Bend IN 46634 525 EDDY South Bend IN 46617 17336 018 522 18 0198 PAULO R ST South Bend IN 46635 FRANCES South Bend IN 46617 17336 018.6009- RADOMILLE MCERLAIN 522 19 019801 PAULO R ST South Bend IN 46635 FRANCIS South Bend IN 46617 HERRMAN THOMAS J AND 54490 018-6013- KATHLEEN Whispering 20 0299 A Oak Dr Mishawaka IN 46544 435 EDDY South Bend IN 46617 WARREN JOHN A 512 S 018-6009- AND F 21 0195 DRA K Frances St South Bend IN 46617 STREET South Send IN 46617 PHILLIPS CORA MAE &PHILLIPS- M1N uena 018-6013- ELIANE JT Vista Street 22 0307 W/FRGS #4 Ventura CA 93001 517 PARRY South Bend IN 46617 HERMAN INVESTMEN TS LLC C/O JO 018-601 HERMAN, 1378 Pearl 23 0304 MEMBER Rd Brunswick OH 44212 519 EDDY South Bend IN 46617 018-6013- HILL 52295 SR 24 0297 IJEFFREYM 933 South Bend IN 46637 431 PARRY South Bend IN 46617 PLUMMER RONA AND ARLEY......... . ... 018-6013- NICHOLAS 25 0288 8 415 Parry South Bend IN 46617 415 PARRY South Bend IN 46617 HERMAN INVESTMEN LLC CIO JOSEPH 018-6013- HERMAN, 1378 Pearl 26 030401 MEMBER Rd Brunswick OH 44212 509 EDDY South Bend IN 46617 I SO.BEND PUBLIC NOTRtE 018-600& TATION 402 S DAME 39 0183 CORP Frances St South Bend IN 46617 AVENUE South Bend IN 46617 HENRY- 404S 018-6008- WILLIAMS Francis P 0 404 0 0184 fNC Box 1407 South Bend IN 46624 FRANCES South Bend IN 46617 PRELIMINARY SITE PLAN REQUIREMENTS-for all districts except MF 7 PUD City of South Bend,Indiana Tabulated(listed)Date(note data noted are for illustrative purpose only) 1. Land Coverage LAND COVERAGE AREA %OF TOTAL AREA Total: 1.75 acres 7,590 sf 100% a. building(ground Moor only) 1,360 sf 18% b. parking&loading and drives 1,260 sf 17% c. open space (yards, landscaping,etc. 4,910 sf 65% 2.Purposed land uses&floor area(e.g_ bank,retail shopping center,office,pizza parlor,apartments) USE FLOOR AREA %OF TOTAL FLOOR AREA BUILDING HEIGHT a.office/retail 280 sf 21% 14 ft b.garage 1,080 sf 79% 14 ft Total 1,360 sf 100% For apartments&group units:list number of units,number of bedrooms/unit: estimated population: density 3.Parking ratios per use as required by ordinance,and number of spaces to be provided. 7 4. Sewer and water facilities Current: removed public water and removed public sewer Proposed: public water and public sewer � JOHN W_ BYURN! EXECUTIVE DIRECTOR LARRY MAGLfOZZI DEPUTY DIRECTOR FACREAPLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD, ROOM 1 140 COUNTY-CITY BLDG_ SOUTH BEND,INDIANA 46601 (574) 235..9571 May 16, 2012 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Eugene Phillips to zone from SF2 Single Family&Two Family District to CB Community Business District, property located at 501 South Parry Street, City of South Bend- APC# 2632-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Eugene Phillips was legally advertised on Thursday, May 3, 2012 and that the Area Plan Commission at its public hearing on Tuesday, May 15, 2012 took the following action: Upon a motion by Karl King, being seconded by Gary Gilot and unanimously carried, the proposed ordinance of Eugene Phillips to zone from SF2 Single Family& Two Family District to CB Community Business District,property located at 501 South Parry Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. Parry Street is an area that has several development options,depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases, potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition,the Number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, f ,IM4 n W. ornl y JWB:jsc Attachment Cc: Eugene Phillips SERVING:ST.JOSEPH COUNTY,SOUTH BEND.LAKEVlLLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND www.stiasepbcourityindiana-coni/Areaplan Staff Report "C# 2632-12 Owner: Eugene Phillips Location: 501 South Parry Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District to CB Community Business District to allow two stall garage(Auto Repair-major). Land Uses and Zoning: On site: On site is a one stall residential garage, on a separate lot from the primary residence. North: To the north are three single family homes zoned SF2 Single Family and Two Family District, and beyond them, a storage lot for the Robert Henry Corporation zoned LI Light Industrial District. East: To the east, across Parry Street, is Information Records Associates, a dance school and a car repair business zoned MU Mixed Use District. South: To the south are five single family homes, and, beyond them, the Marine Corps League zoned SF2 Single Family and Two Family District, West: To the west is a single family home zoned SF2 Single Family and Two Family District. To the northwest is the Robert Henry Corporation zoned LI Light Industrial. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is 7,590 square feet. The proposed two stall garage is 1,360 square feet or 189/0 of the lot. The seven parking spaces and drive aisle cover 2,580 square feet or 34%. Residential bufferyard landscaping is shown on three sides behind the building, and foundation landscaping is shown in front of the buildings. Landscaping covers 1,150 square feet or 2%. The use of the remaining 2,500 square feet is unknown at this time. Based on the site plan provided, the following variances will need to be obtained from the Area Board of Zoning Appeals: 1. Side Residential Bufferyard from 20'to 0'far parking; 2. Front Setback from 15'to 0'for parking; 3. Aisle width from 24'to 20; 4. Parking screening landscaping from what is required by ordinance,to none. Zoning and land use history&trends: This property was zoned B Residential (Multifamily)under the prior zoning ordinance. When the zoning ordinance was revised in 2004, the zoning changed to SF2 Single Family and Two Family District. Traffic and transportation considerations: Parry Street is a two lane street that runs from a former railroad right-of-way on the north to the Cooper Bridge ramps on the south. The alleys adjacent to this site are not paved. Eugene Phillips #2632-12 Page 1 of 3 Utilities: City of South Bend utilities(water and sewer)are available in Parry Street. Additional information: (Agency comments) The City Engineer states the alley will have to be paved if it will be used for access. The Department of Community and Economic Development refers to the Howard Park Neighborhood Master Plan. The proposed rezoning of 501 S. Parry St. from SF2 to CB Community Business District may not be considered compatible with the vision of the Master Plan. Staff Comments: If Henry Street, as proposed by the Howard Park Neighborhood Master Plan becomes a reality, then the public purchase of this site is probable. Parry Street is a residential street, and should not be used as direct access for business uses. If the rezoning is approved,several variances from the development standards will be required. Commitments: None proposed. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Com rehensive Plan(November 2006 Objective LU 2.3 Ensure coordination of land uses among adjacent area-specific plans. Objective LU 2.4 Provide buffer spaces between non-compatible land uses. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation/Other Plans: The East Bank Plan Phase 2 (commonly known as the Howard Park Neighborhood Master Plan) dated February 24, 2009 identifies the area on either side of Parry Street between the old railroad right-of-way and the Cooper Bridge ramp as a Future Development Opportunity. The vision of the plan is to support residential development on and around the former TRANSPO site. This plan has not been adopted by the Area Plan Commission or Common Council but it was approved by the neighborhood. 2. Current conditions and character: The properties along Eddy are either vacant parcels or business uses with ample parking. Along Parry and Frances Streets are single family homes, with the exception of the Robert Henry Corporation, a special exception. More to the west of Frances Street, the former TRANSPO site has been demolished for future residential development per the Howard Park Neighborhood Plan. 3. Most desirable use. The most desirable use is a use compatible with the Howard Park Neighborhood Plan. Eugene Phillips #2632-12 Page 2 of 3 4. Conservation of property values: A commercial use, especially one that would need multiple variances, in the middle of a residential block would have an adverse effect on the residential property values. 5. ]Responsible development and growth: Responsible development and growth of Parry street is highly dependent on the success of the Howard Park Neighborhood Plan, which labels Parry Street as an area of"Future Development Opportunity". The Plan made no particular land use commitment for Parry Street, with the exception of a proposed street using the existing alley alignment adjacent to the site. Recommendation: Based on information available prior to the public hearing,the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Analysis: Parry Street is an area that has several development options,depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases,potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition, the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. Eugene Phillips #2632-12 Page 3 of 3 a\nn , IL 7-,24.n.. e- l pe R d • P fL MAY 0 9 2012 AREA PLAN COMMISSION RECEIVED yer oaem2 �325' /L2 , oAPw.wMm �kAd, im �ck%Evl�CddC� �r ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EAST/WEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EASTMEST ALLEY 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: THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRS EASTNVEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EAST/WEST ALLEY. BEING PART OF JANKOWSKI'S SUBDIVISION OF SOUTH PART OF LOT 11, KUNSTMAN AND MEYER'S ADDITION AND ALSO BEING A PART OF THE WHITCOMB AND KELLER'S SUBDIVISION OF THE SOUTH PART OF LOT 11, KUNSTMAN AND MEYER'S ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: 01 8-2037-1267 018-2037-1269 018-2037-1270 SECTION IV. The purpose of the vacation of the real property is to vacate short alley that is not needed, because people throw a lot of trash in the area. It is being used as a dumping ground. We would like to beautify this area with flowers and plants to help deter people from just dumping their trash. We think is would help improve our neighborhood. 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 Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Renyyd.,...lr na. _,.__..._,. [ .i l n'.t D; NQ , OT AP,,1ROVED PA�SED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEYS TO THE COMMON COUNCIL DATE: ^ 0 OF THE CITY OF SOUTH BEND, INDIANA `� I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: NAME (signed & Printed) ADDRESS LOT# CONTACT PERSON (S) NAME: C(k c1i j RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: _��L- JOHN VOORDE, CITY CLERK ROOM 456-COUNTY-CITY BUILDING 'j L L SOUTH BEND, IN 46601 574-235-9221 PHONE: Nit ,f 4 J 01 f a 018-2037-1255 019-2037-1256 018-2037-1258 018.2037-1259 018-2037A260 13 018-2037-1257 LDN9FLjEY AVE 14' 018-2037-1267 Ln N 018-2037-1270 014-2037-1271 018-2037-1272 OU-2037-1273 011,1137-1255 0"_" 018 2037 1269 018-2029-0936 018-2029-0940 018.2029.0941 018.2020-0942 0104029-0943 018.2029-0944 018.202"938 j'71 010-2029-0939 R470EM ST L". 019-2029-0955 1B.2029-096 0184029.0960 018-20294901 1 015,202970962]O!B.2M-1901 LEGAL DESCRIPTION: The alley to be vacated is the first North/ South alley East of Olive Street, from Longley Avenue to the first East/West alley for a centerline distance of 125.71 feet and a width of 14 feet including one angled comer at the East/West alley. Being part of Janowski's Subdivision of South Part of Lot 11, Kunstman and Meyer's Addition and also being a part of the Whitcomb and Keller's Subdivision of the South part of Lot 11, Kunstman and Meyer's Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. UTH INTER-OFFICE MEMORANDUM o� ,R, .% q DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING N k 1865 TO: Janice Talboom Deputy City Clerk FRONT: Michael Mecham, P.E City Engineer SUBJECT: Al Carothers' Petition to Vacate an Ailey DATE: April 25, 2012 In October 2010, the Board of Public Works considered Mr. Carothers' proposal to vacate a north/south alley adjacent to property he owns along Longley near Olive. The proposal was reviewed by the Area Plan Commission, the Fire Department, Solid Waste, Community & Economic Development, and Engineering. After reviewing the comments from those departments, the Board offered a favorable recommendation to Mr. Carothers. I have consulted with others in the Engineering Division who were involved with this request. We are not aware of any changed conditions in the year and a half that has intervened that would change comments to the Board. If Mr. Carothers were to file a vacation petition for the same alley, I expect the Board of Public Works' conclusion will be the same. The next step for Mr. Carothers' is to petition the City Council for resolution of the vacation. c: Linda Martin Tony Molnar _e,a R 2..6.. CITY cjeNV,IN What we do today makes a difference! �pi3 T8 bL�' ,Ot lffri/,��d 1316 COUNTY-CIrY BUILDING F, 11,%% �/i 1'i�aN�574/235-9251 227W,J1 oN Bout ynx- �� %� FAx 5741235-9171 So€STm BaND, INDIANA 46601-183Q +�`£ � TDD574I235-5567 x r 1865 CITY OF SOUTH BEND STEPHEN], LuFcKE, MAYOR BOARD OF PUBLIC STORKS October 11,2010 Mr. Al Carothers 2314 Longley Avenue South Bend, Indiana 46619 RE. Alley Vacation — The First North/South Alley East of Olive from Longley South to the First East/West Alley (Preliminary Review) Dear Mr, Carothers, The Board of Public Works, at its October 11, 2010, meeting, reviewed favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community & Economic Development and Engineering, Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. This alley is currently utilized for picking up both garbage and- recycling from the petitioner's property. If vacated, the petitioner will place all waste receptacles in the east-west alley to the south, This alley will continue to have through access to both Olive Street and Huey Street. Northern Indiana Public Services Company (NIPSCO) stated there is a two-inch plastic gas main in this alley that they will need to have access to for maintenance and operation purposes, A structure cannot be placed on the alley with the active gas main present, GARY A.GILOT,I'.E. DoNALD E. INKS CARL P LITTRELL PRESIDENT MEMBER MEMBER October 11, 210 Al Carothers Alley Vacation — The First North/South Alley East of Olive from Longley South to the First East/West Alley Page 2 of 2 Please cantact Tony Molnar at (574) 235-9254 prior to pieking up your radius man. 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. Sinqerel y, q ntc x a .da M. Martin, Clerk c, Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering ---zi gobo-Eri elbo-OJF aboo-g. y *Oka- kfb,7,/F 49 &FOV W '0 ca 0*,Lv P1.1 or I IV Lo I vj'vr' dD Owl I Z - 'Oka- ao NY1Y, 0 0* Alif——1 % V,;!F z Zz r, vt 0 lei C!9 %4� A 'v -zz h I BLVD- I m It P qD V Z as Pogo.// 's 1160•LF 0160-9f hobo-ox V i6 j.L ;"A 16 Erp p ol" ov �,n I . t., cy w m PC' n fN _G51 !--_ pow- .!Far.*o o r s- IQ clonwrl I tow I RIT A rlbe i 4JI WE ipbO-41 +jr Z,. In IN M 13 oo %J nw FA, z kA ,0® P h m dP w to zi c" M_ !ww r3 k,-j .. .. ...... Page 1 of I Nancy Schrader - Alley Vacation Recornmendation - Olive/Longtey �t From: Nancy Schrader To: Memo-Vacations Date: 9/14/2010 12:27 PM Subject: Alley Vacation Recommendation -Oiive/Longley Attachments: Please provide your recommendation. 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 h•NnrNrtr n•/VN NNN NN Nn/Nrt•Nf\1N nr n/N IV r\•NNN naN N N N N N NNNNNNrVR/rvNR•N NRrN 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. Rr RrrV eV lV NN N/V N N NN N/V/VNNNN NNrt/h/n/nrn/lV/V rV N Nnr Rrn N(/N NNlVlV R/NN N/�rNn/N file://C:1Documents and SettingsMSCHRAMLocal Settings lTemplXPgapwise14C8F6A2.,. 9/14/2010 RUTH yg INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 911412014 TO: Andre Price, Solid Waste Bob Mathla, Community & Economic Development Carl Littreil, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission Ul orni__ cotes#- jooeph..1n.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO{ m iffin nisource.com (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: Al Carothers LOCATION: First North/South Alley East of Olive from Longley South to First EastlWest Alley DATE DUE: 9/24/2010 FAX OR E-MAIL TO: 235.9171 1 Imartin soutihbendin. ov RECOMMENDATIONS AND COMMENTS: I have no objection to this vacation request. By Date —__1/>1 Z $p TO � � a �8 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 9/1412010 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl Littreli, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John 6yomi, Area Plan Commission (ibyorni@co,st- ioseph-in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m iffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk . SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: Al Carothers LOCATION: First North/South Alley East of Olive from Longley South to First East/West Alley DATE DUE: 9/24/2010 n FAX OR E-MAIL TO: 235-9171 /Imartin southbeindiin. av RECOMMENDATIONS AND COMMENTS: P By Date glcll� Page 1 of 1 Nancy Schrader - Rea Alley Vacation Recommendation - Olive/Langley From: Federico Rodriguez To: Nancy Schrader Date: 9/15/2010 11:29 AM Subject: Re: Alley Vacation Recommendation - 04ve/Longley Approved S.B.F.D, Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept, 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) frodriau4soulfte idin.gov_ >>> Nancy Schrader 9/14/2010 12:27 PM >>> Please provide your recommendation, Thank you. Fancy 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 N—NNNI\/-- , ---I\-1-1—NNNN/VNNNNNNNNNNN/lr n/N n1 N/V A. This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was origtnalty addressed. Any use by others is strictly prohibited. N!\/N NN N/V Nn.r n.1 A/NN/\I NAr I/n./J\I/\a/VNN/tr IVfvN/V N N.A/N n)/V/V N NNN Nfv N NNN NN�/VN file://C Documents and SettingsMSCHRAMLocal Settings lTemplXPgrpwisei4C90AE3... 9/15/2010 From: Stephen Goen To: Nancy Schrader Date: 9/15/2014 12:41 PM Subject: Re: Ailey Vacation Recommendation -Olive/Langley No Objecdons This message may contain conFdentiat 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 742 W. Sample St South Bend,IN 46601 (574)235-7515 (574)235-7538 >>> Nancy Schrader 9/14/2010 12;27 PM>>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Pubtic Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Offlce: (574) 235.9251 Fax: (574)235.9171 This message may contain confidential andlor proprietary information and is intended for the person/entity to whom it was originsUy addressed.Any use by others is strictly prohibited. . l (9!161200) Linda Martin Re Alley Vacation Recommendation Olive/Long#ey �Mr xy „Page 1 t From: <pmgr"rffin @NiSource.com> To: "Nancy Schrader"<NJSCHRAD @southbendin.gov> Cate: 9/15/2010 4:09 PM Subject: 'Re: Alley Vacation Recommendation-OfivelLongley CC: <Imartin@southbendin.gov> NIPSCO does have a 2-inch plastic gas main in this alley and will need to have access for maintenance/operation purposes. A structure cannot be placed on this alley with active gas main present. Philip M. Griffin NIPSCO Project Engineer-South Bend LOA Office Phone: 574-284-2214 Mobile Phone: 574-220-3804 FAX: 574-284-2220 "Nancy Schrader" <NJSCHRAD@southbe ndin.gov> To <jbyorn#@cost joseph.in_us>, 09/14/2010 12,27 <pmgriffin @nisource.com>, "Andre PM Price"<APRICE @south bend in.gov>, "Chris Dresses" <CDRESSEL @southbendinrgov>, "Cheryl Greene"<CGREENE @southbendin.gov>, "Carl Littrell" <CLITTREL @southbendin.gov>, "Federico Rodriguez" <frodr.igu@southbendin.gov>, "Jeff Gibney"<jgibney@southbendin.gov>, "Robert Mathia" <RMATHfA@southbendin.gov>, "Stephen Goen"<SGOEN @southbendin.gov> cc "Nancy Schrader" <NJSCHRAD@southbendin.gov> Subject Alley Vacation Recommendation- Olive/Longley Please provide your recommendation. Area Flan COrTImissiOn Of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Mag[iozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana,corn/areaplan p Fax 57-4235-9813 September 22,2010 City of South Bend Board of Public Works 13'' Floor, County-City Building South Bend, Indiana 46501 RE. Alley Vacation Applicant:A] Carothers Vacation of the First North/South Alley East of Olive Street from Longley Avenue to the First North/South Alley 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. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of public way by the neighborhood in which it is located or to which it is contiguous. This alley is currently utilized for picking up both garbage and recycling from the petitioner's property. If vacated,the petitioner will place all waste receptacles in the east-west alley to the south. This alley will continue to have through access to both Olive Street and Huey Street. 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 information. Sincerely, Derek Spier, AICP Planner Serving South Send,Lakeviffe,New Carllsfe,North Liberty,Osceola,Roseland and St.Joseph county,Indiana From: Chris Dresses To: Nancy Schrader Date: 9/25/2010 2:39 PM Subject: Re: Ailey Vacation Recommendation -Olive/Longley Attachments: Chris DresseLvcf Recommended for approval, Christopher D.Dressel Planner City of South Bend I)Msion of Community Development 1200 County-City Building 227 W.Jefferson South Bend,IN 46601 Phone: 574-235-5847 Fax: 574-235-9697 cdressel(aa,southbendin.goy >>> Nancy Schrader 9/14/2010 12:27 PM >>> Please provide your recommendation. Thank you, Nancy Schrader City of South Bend Department of Engineering and Board of Pubtic 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. 6' r^ UTAr K 1966 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 9/14/201D TO: Andre Price, Solid Waste t.Aob Mathia, Community & Economic Development Cart Littrell, Engineering Department Xhris Dressel, Community & Economic Development t./ ederico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development 1,d6hn Byorni, Area Plan Commissionornco_s#- 'ose h.m.us or 235-9813 fax) tephen Goen, Police Department Cheryl Greene, City Attorney's Office ...�hil Griffin, NIPSCO ( m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: Al Carothers LOCATION: First North/South Alley East of Olive from Langley South to First East/West Alley DATE DUE: 9/24/2010 FAX OR E-MAIL TO: 235-9171 / Imartin cr,southbend1n.aov RECOMMENDATIONS AND COMMENTS: By Date Page 1 of 1 3anice Tafboonm W Kroc Center From: Carl Littrell To: Christopher Waidner Date: 10/14/2010 2:19 PM Subject: Kroc Center CC: Janice Talboom; Linda Martin Chris, I don't have Burne Miller's email. Would you please forward this message to him. Thanks, Burne, I have attached, fyi, an excerpt from Monday's Board of Public Works meeting minutes where the Pine Street/Western Avenue parking lot was discussed. Please keep me and/or Linda Martin informed of the Kroc Center's intentions concerning development of the parking lot and possible vacation request for Pine Street. Thanks, Carl TABLE RECOMMENDATION_-_PETITION_„TO_VACATI✓,THE,SOUTH HALF_QF,PINE ST1tEET FROM-WESTERN TO THE FIRST'EAST/WESTALLEYETWEEIV LAUREL,STREET&_CHA�FINSTREET Mr. Gilot indicated that Mir. Burne Miller of The Troyer Group, on behalf of the Salvation Army Kroc Center, has submitted a request to vacate the above referenced street for the purposes of the construction of an additional parking lot for the Kroc Center. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Solid Waste, and Community & Economic Development. Negative recommendations were received from the Fire Department and Engineering. The Fire Department stated that Pine Street is a very unkempt,narrow street with a family living at the end of the area being requested for vacation.The nearest fire hydrant to this residence is across the street from Western Avenue and half a block south. The next closest hydrant after that is the west corner of Martin Luther King drive and Western Avenue.Ladder trucks can go down the 300 block of Pine Street from Western Avenue but not from Napier Street from the north. Due to the presence of the residence at 315 Pine ,Street, along with two other structures on the street,the Fire Department denies the request. Engineering's recommendation requires that Pine Street remains open and become incorporated into the proposed parking lot, or that the east/west alley be improved to serve as an outlet for Pine Street and the parking lot. Mr. Littrell stated the Kroc Center is evaluating the alternatives and may choose not to proceed with the vacation request. Therefore, Mr. Littrell made a motion to table the request. Mr. Gilot seconded the motion,which carried. f1eWCADocumentsand Settines\JTAT.RnnwT.nral ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED (AS A CLARIFICATION FOR VACATION ORDINANCE 9994-10) IS A PORTION OF KALORAIIMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 50 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 STREET TO BE VACATED (AS A CLARIFICATION FOR VACATION ORDINANCE 9994-10) IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 50 FEET. SAID STREET IS PART OF CEDAR HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION 11. 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 111. The following property may be injuriously or beneficially affected by such vacating: Parcel 018-5038-1361 Parcel 018-5038-1362 Corby -1356 18-5038 g -1357 -1343.01 --1269 --f 358 -1270 -1359 -1360 -127' R150' --1361 -1352 1 $—�� 6 165 -fz7z ' 18-5038 - allora a f 65' -1345 -°1363.01 -1363 -1274 --1364 -1274,01 -1275 -1365 18`5038 --1276 -1348 -1356 -1277 Legal Description: The street to be vacated (as a clarification for Vacation Ordinance 9994- 90) is a portion of Kalorama Street from Hill Street to the first North/South alley for a distance of 165 feet and a width of 50 feet. Said street is part of Cedar Heights Addition to the City of South Bend, Portage Township, St. Joseph County, Indiana. Property Owners within 1501 of Proposed Vacation Parcel ID Current Owner Owner Address Owner City Owner Owner State zip 018-5038-1359 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 803 Lirrcolnway W South Bend IN 46616 0183036-1384 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincoinway West South Bend IN 46618 ORGANIZATION INC 018-5036,127401 HAMPSHIRE GROUP INC PO Box 502 South Bend IN 4W24 018-5036-1274 ALUMNI GROUP INC 12840 JoNerson Mishawaka IN 46545 018-5038-1366 NORTHEAST NEIGHBORHOOD REVITALIZATION 8W LIncolmay Wed South Bend !N 48818 ORGANIZATION INC 0183036-1276 KING GARY E S LINDA M 730 N Hill St South Bend IN 46817 018-5038-1365 WIGFALL CHESTER A AND IDAL 729 N Hill at South Band IN 46617 018-6038-136301 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 843 Lincolnway W South Band IN 46618 0183038-1353 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincol W South Bend IN 46616 ORGANIZATION INC nway 018-5038-1275 KING GARY E&LINDA M 730 N Hill St South Bend IN 46617 018-5038-1346 MC ASSETS LLC 2 South Broadway Ste 60 Saint Louis MO 63102 018-5036-1270 NORTHEAST NEIGHBORHOOD REVITALIZATION $03 LWW South Bend IN 48617 ORG INC 018-5038-1358 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lincolnway West South Bend IN 46616 ORGANIZATION INC 018-5038-1361 NORTHEAST NEIGHBORHOOD REVITALIZATION SW Lincolnway W South Bend IN 46616 ORGANIZATION INC 018.6038-1362 NORTHEAST NEIGHBORHOOD REVITALIZATION �LYM South Bend IN 46616 ORGANIZATION INC 018.6036.1272 NORTHEAST NEIGHBORHOOD REVITALIZATION 802 LWW South Bend IN 46816 OGANIZATION INC 0185038-1360 NORTHEAST NEIGHBORHOOD REVITALIZATION 803 Lww South+8endjN 46616 ORGANIZATION INC 018.5036-1271 NORTHEAST NEIGHBORHOOD REVITALIZATION g�LWW South 48617 ORG INC 018-5038-134301 RWII-R SOUTH BEND LLC 3 BETH€SDA METRO Bethesda MD 20814 ENTER PETITION TO VACATE PUBLIC RIGHTS-OF-WAY LSTREU ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA I (WE),THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A.) THE STREET DESCRIBED AS: The street to be vacated(as a clarification for Vacation Ordinance 9994-10)is a portion of Kalorama Street from Hill Street to the first North/South alley for a distance of 165 feet and a width of So feet. Said street is part of Cedar Heights Addition to the City of South Bend Portage Township, St.Joseph County, Indiana. NAME(signed and printed) ADDRESS LOT# 4;7 735 Hill NE Cor.iot 7&S%, rim Sexton,President Northeast Neighborhood Redevelopment org. L 801 IEII Lot 6 Ex 45' W End&N''/z Tim Sexton,Presidfint Northeast Neighborhood Redevelopment org. 505 Kaloram W End Lot 6&N 1/2 Tim Sexton,Presid nt Northeast Neighborhood Redevelopment org. 514 Kalorama N 1/2 Lot 7&S 1/2 Tim Sexton,President Northeast Neighborhood Redevelopment Org. CONTACT PERSON(S) Phil Byrd NNRO Manager 803 Lincoln Way West South Bend,IN 46616 (574)289-I066 NNRONortheast Neighborhood Revitalization Organization 803 Lincoln Way West * South Bend,Indiana 46616 Phone: 574-289-1066 (Ext. 212) Fax: 574-289-4550 Board of Directors Tim Seaton President City of South Bend Paul Meyer Office of the City Clerk Vice President Room 455, County-City Building South Bend, IN 46601 Marguerite A.Taylor Secretary June 5, 2012 Charles F.Nelson The Northeast Neighborhood Revitalization Organization(NNRO) is seeking a vacation Treasurer for a portion of Kalorama Street in order to continue its development of the Hill Street a Neighborhood. Solomon L.Anderson Currently, the street in question is 50' wide and 165' long and dead-ends on the top of a bluff. It stands between 4 vacant lots, all of which are owned by the NNRO. The street Irene Cour serves little purpose and detracts aesthetically from the neighborhood. Granting a vacation of the street will allow this land to be combined with adjacent lots and then replatted into a Albert L.Gutierrez more usable configuration of lots to be used for the construction of single-family homes. ♦ The vacation of the street is a necessary step toward arranging the planned homes in a Gregory P.Hakanen fashion that promotes both aesthetics and � p growth in the neighborhood. Karl G.King Phillip E. Byrd Michael 0Weil NNRO Coordinator ♦ AnnPuzzella Northeast ei borhood Revitalization Organization ♦ 803 Lincoln Way West KathrynRoas South Bend, IN 46616 (574) 289-1066 Barbara J.Sniegowski Bill Stenz Richard A.Nussbaum,11 Legal Counsel to Board ♦ Matthew J.Gray SBHFRepresentative Bill No. Ordinance No. JA—k L AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTH BEND MUNICIp,4L CODE ADDRES SING WHISTLEBLOWER PROTECTION STATEMENT OF PURPOSE AND INTENT Indiana Code § 4-15-10-4 sets for the whistleblower protection provisions which provide in part that a state employer cannot dismiss, withhold salary increases or employment-related benefits, transfer or reassignment if an employee reports a violation of a federal or state law. Many municipalities throughout the country have ordinances which prohibit reprisals. For example, Denver passed their ordinance in 2007; On May 21, 2412, six (6) members of the South Bend Common Council voiced concern over the apparent lack of policies, procedures and protocols with regard to telephonic equipment and technology used by the City of South Bend. The City of South Bend currently posts on its city website various forms and policies and the effective date of each. These posted policies govern five (5) specific areas, namely: operating, finance, purchasing, human resources, and information technology. The topic of"human resources" lists its status as "In Draft". In light of that status, the following ordinance is introduced to provide whistleblower protection to city employees. Section 1. Chapter 2, Article 8, Section 2-125.1 of the South Bend Municipal Code is created to read in its entirety as follows: See. 2-125.1 Whistleblower Protection. (a) No city elected official, city employee or city appointee shall retaliate or threaten to retaliate against any person because the person did any of the following: (1) Brought to the attention of his or her immediate supervisor a matter which appears inconsistent with governing policies or procedures over such task or operation which have been approved by the proper city board, agency, or other entity of the city; (2) Filed a verbal or written complaint with his or her superior regarding an alleged breach of governing policy or protocols which have been approved by the appropriate agency of the city and to which such person has been advised of and if required given the appropriate training; Ordinance on Whistleblower Protection Page 2 (3) Provided verbal or written information to the person or persons charged with overseeing and enforcing the governing policy or protocols as part of the investigation of such complaint; (4) Testified at any ethics commission proceeding or similar venue established by the city (b)An elected city official, city employee or city appointee who has proper jurisdictional authority over an individual who has taken any of the actions listed in paragraph (a) of this section, may take appropriate disciplinary action, if said person did not act in good faith or knowingly or recklessly provided false information or testimony. (c) A person who is found to have violated this section shall be subject to progressive disciplinary procedures as set forth in the City of South Bend's properly enacted Personnel Polices and Procedures, or other governing documents adopted under governing law. (d) All elected city officials, city employees or city appointees shall be properly trained in any and all ethics regulations, including but not limited to the City of South Bend Ethics Code signed by the Mayor on January 1, 2012, all ordinances addressing ethics, governing standards, policies and protocols governing the tasks to which such officials, employees and appointees are charged to carry out as part of their employment with the City of South Bend. Section 11. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Henry avis,Jr. 2"d District Council Member Council Member Karen L. White Council Member at Large Ordinance on Whistleblower Protection Page 3 Council Member Tim Scott 1 st District Council Member Council President Derek D. Dieter Council Member at Large Attest: John Voorde, City Clerk a resented' by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the clay of 2012, at o'clock . m. Janice Talboom, Deputy Clerk � rayed rrnrCsiyned- by me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana �Filed in Cj,r��.��} � �. ._.. ;C HEARING REANNG N+ T APPROVO c C . SED $p[1TFf 4 0 ,ltil!;�{l;/(1, d oil City o South end , Common Council Y ■ 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 D. Dieter Derek http://www.southbendin.gov President Oliver J. Davis Vice-President Karen L. White June 6, 2012 Chairperson, Committee Members of the Common Council of the Whole 4u'Floor County-City Building Titre Scott South Bend, Indiana 46601 First District Re: Whistleblower Protection Ordinance Henry Davis, Jr. Second District Dear Council Members: Valerie Schey We are introducing the attached ordinance in the interest of giving city employees the Third District ability to report incidents of alleged inconsistencies or irregularities without retaliation. Fred Ferlic It is aimed at protecting elected officials,'city employees or city appointees who, in Fourth District good faith, bring to the attention of their immediate supervisor an alleged improper activity. David Varner Fifth District We recognize that the Board of Public Safety has the legal authority over sworn members of the fire and police departments. Therefore, those sworn members would Oliver J. Davis Sixth District not be covered by this ordinance. Derek D. Dieter The "State Employee's Bill of Rights" legislation contains whistleblower protection At Large provisions which are codified at Indiana Code § 4-15-10-4,which were initially enacted in 1981. Indianapolis has regulations in this area, and several other cities such as Gavin Ferlic Denver, Seattle, San Diego, San Francisco —just to name a few. We have attached a At Large brief summary for your review. Karen L. White We have also attached a current listing of polices and procedures which are posted on At Large the City of South Bend's governmental website. As you can see under the heading "Human Resources"it states "In Draft". By the filing of this proposed ordinance, it provides an opportunity for discussion so that fair and reasonable regulations will be made available to our employees. We ask that this Bill be sent to the Personnel and Finance Committee for review, public hearing and a favorably advisory recommendation. Cover Letter to Whistleblower Ordinance June 6,2012 Page 2 We look forward to working with you on this important topic. Thank you. Most sin Council em vis, Jr. ZQ 2"d District.Council Member, , Council Member Karen L. White Council Member at Large Council Member Tim Scott 1 st District Council Member Council President Derek D. Dieter Council Member at Large Attachments uiry or bouur uena Page 1 of 2 City Healthy' Policies HL,Inan Central T)irectory City & FOMIs Resources Stores Site Search renter Keywords 1 South6endIN.gov f Site Map # Quick Links !Frequently Visited Pages Policies & .liorinls : Policies Welcome to South Bend! Policy/Procedure Effective Date 11 Operating --- . 1.1 Po.licy_Statement January 1, 2010 'r 1.1,1 Po,lic.Y Review Committee January 1, 2010 Highlights 1.2 Operating &_Bud.c�eti.n.9 Paliey January 1, 2010 K South Bend Parks&Recreation .. _......_................ ...... Flex Account: Use pre-tax dollars for _,,,,_,__reimbursement..View details 2 Finance Spottii;fat; City Directory 2.1 Revenue.Pal icy January 1, 2010 a Need a phone number? Search the 2.2 ExPen.d.iture,Approval Policy January 1, 2010 En.WL0:ag Direclprx using the _.._._. Icy search box at the top 2.3 Cash Reserve Pol_..y January 1, 2010 ........ afanypa9eL.............. .... ..... . . __. . . _.. ... 2.3.1 Cas,h,_Reserve.,Procedu.re January 1, 2010 2.4 Chart of Accounts Policy January i, 2010 2.4.1 project N4rnbe_r._Proeedure January 1, 2010 2.5 Fixed Assets,.,Pol.ic.Y.. January 1, 2010 2.5.1 Fixed_,_A.s,sets,.-Procedure. January 1, 2010 2.5.2 Fixed Assets Set up Procedure In draft 216 I,nv_ent-- Polio! January 1, 2010 2.6.1 Sery cery_Proceci.u're."Ce,ntra,l January 1, 2010 2.6.2eenry�P,rocedu.re,.Parks...& January 1, 201.0 2.6.3 T.nve__.__..__._. --ec ., r?to.rY...Praced,ure Water Uti.l.it.y January 1, 2010 2.6.4 .Inventory Proced.ure._Blackt_horn August 1, 2011 2.7 Trave.l_.Po,Eic.y April 1, 2010 2.8 Tr ,vestment.POlic.v January 1, 2010 2.9 Debt.Policy January 1, 2010 2.10 Disbursernen,t Policy January 1, 2010 2.10,1 Procedure sfer.._&„Hand_Check January 1, 2010 http://www.southbendin.gov/revize/sbintranet/policies2.asp 615 12012 2.11 Stafe_Da.ted.Check..Policy_ 2.12 Open January 1, 2010 2.13 January 1, 2010 2.14 Tax Rgpq.rti-n-g..Policy January 1, 2010 2.14.1 January 1, 2010 Procedure 2.14.2 Pgyrqj. K&..MisC,Payrqjj..Eilyj_q PT-qqedur-e January 1, 2010 3 Purchasing 3.1 March 1, 2010 3.1.1 m'Puq"rt c'r--h i_x a rS_ing-..Pgl,icy..Q;btation Bid March 1, 2010 3.2 Vendor Policy March 1, 2010 3.3 Cellular Telephone Policy In draft 3.4 MBE/WBE Vendor Diversity In Draft Development Policy 4 Human Resources In draft 5 Information Technology 5.1 Computer Hardware,Policy May 1, 2010 5.2 Software Policy May 1, 2010 5.3 IT.-Ru. r0ha-s-bac Pp icy May 1, 2010 5.4 Qse-of-e-m.a.i.J...PplicY May 1, 2010 5.5 Use of Internet.Policv May 1, 2010 5.6 Remote, ..Acc.e..ss P'o-1j.c-y May 1, 2010 5.7 Wireless U..se Policy May 1, 2011 Forms Policies .................... Home I City Directory I Healthy City I Policies & Forms I Human Resources I Central Stores SouthBendIN.gov I Site Map I Login @ 2007 City of South Bend, Indiana, USA External $4 s 4� ' Privacy.Policy Terms,.nf.,Use.http://www.southbendin.gov/revize/sbintranet/policies2.asp 6/5/2012 Whistleblower Program Frecluengy Asked Questions Why did the City and County of San Francisco establish the Whistleblower Program? The Whistleblower Program was created on behalf of San Francisco citizens and government employees to help make City government more accountable through the prevention and investigation of suspected waste, fraud, and abuse. What is the impact of the Whistleblower Program on City government? When fraud is allowed to continue, it jeopardizes the level of service local government can provide its residents. e Someone's Watchina: The Whistleblower Program has a deterrent effect,for both internal and external sources of fraud,waste,and abuse. ® Someone Cares:A public message of'zero tolerance'for fraud, waste,and abuse is sent to citizens and City employees by allocating resources to the Whistleblower Program. Beneficial Contacts: interaction with the District Attorney's Office, City Attorney's Office, Police Department, and state and federal data sources help forge alliances beneficial to the pursuit of reducing fraud,waste, and abuse from government. What can I report to the Whistleblower Program? Any kind of fraud or misconduct can be reported, with certain exceptions,which are noted below. You may report any City and County of San Francisco manager, employee, contractor,or vendor who may be committing fraud,or any practice or act you observe that results in the waste or abuse of City and County resources. Some misconduct complaints if reported to the Whistlebiower Program, including criminal acts, recipient welfare fraud, claims for child support, or allegations of child abuse are referred by the Whistleblower Program to other agencies for investigation. What information should a complaint include? When reporting suspected fraud, please provide as much information and detail as possible, including who, what, when, where, why, and how. A complainant should provide complete and specific information regarding the allegation, including the person involved, the time and date(s)of occurrence, and a detailed description of the violation to the investigators. Complaints with limited details cannot always be investigated. When should I submit a complaint? A complaint should be submitted immediately after you believe a reportable offense has occurred. How can I submit a complaint? Complaints can be submitted through one of the following ways: Phone: 3-1-1 or 415-701-2311, TTY: 415-701-2323 (3-1-1 will also take Ron-whistleblower complaints and answer questions regarding other City services and issues) • Online: www.sfgov.orglwhistleblower • E-mail: whistieblower @sfgov.org • Mail: Whistleblower Program, Rm.316, 1 Dr. Carlton B. Goodlett Pl, San Francisco, CA 94102 6 What happens when I submit a complaint? Each submitted whlstleblower complaint is assigned a unique tracking number.An initial assessment is done to determine whether the case has merit and how it should be handfed. Complaints are referred to appropriate parties for follow-up action. Submission of a complaint to the Whistleblower Program only ensures that the complaint will be reviewed for possible investigation. May I remain anonymous when filing a complaint? Yes, you may remain anonymous. Will anyone,including the suspect(s)find out that I reported the fraud? If you request your identity remain confidential, the Whistleblower Program will not identify you to anyone. However, if the investigation results in criminal prosecution, it is possible our records may be subpoenaed by the court. Now does the Whistleblower Program protect my confidentiality? City and County of San Francisco Charter, Section F1.107(c)requires the Board of Supervisors to enact and maintain an ordinance protecting the confidentiality of whistleblowers and protecting City officers and employees from retaliation for filing a complaint with, or providing information to the Controller's Office, Ethics Commission, District Attorney's Office, City Attorney's Office, or a City department or commission about improper governmental activity. The City Attorney's Office has advised that the Controller's Office has a duty to maintain the confidentiality of the identity of whistlebiowers even in the absence of such an ordinance. If I give my telephone number or email address,will an investigator contact me? Possibly. if you provide contact information, an investigator may call you if they need additional information regarding your allegation. Can i check on the status of the investigation? Yes, you may check the status of your case by going to the Whistleblower Program website and selecting "Check Status of Complaint."You will then need to enter your assigned tracking number. You may check to see if a case is open or closed. However, no specific details of any ongoing investigation will be provided. in addition, you cannot receive a copy of the investigative report—this information is considered confidential. How long does it take for a case to be investigated? Investigations vary from a couple of weeks to several months depending on the complexity of the case. What will happen to the person I am reporting? if an allegation is confirmed, the suspect(s)could be disciplined. Disciplinary action is determined by the department for which the suspect works and is confidential. Discipline can include dismissal, suspension, reprimand, etc. However, if the suspect(s)is criminally prosecuted, the case becomes a public record. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. iTHE MILE HIGH CITY NOTICE OF WHISTLEBLOWER PROTECTION®� y City and County of Denver employees are encouraged to report acts of official misconduct to appropriate reporting authorities.Effective August 17,1007,Denver adopted a"Whistleblower Protection"ordinance prohibiting certain forms of retaliation against employees who report official misconduct in compliance with the : ordinance.(For the entire text of the ordinance,see.Chapter 1,Article Vll,Denver Revised Municipal Code.) • . . . ..•. .•. . . •. . . . . . .. . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . What kind of reporting is r tecte ? The ordinance encourages and protects goad-faith reporting of official misconduct by city employees.The ordinance does not protect reports and disclosures that are made anonymously,are made in violation of any law,or are made without regard to the truthfulness of the reported information.in order to come within the protection of the ordinance,an employee must make a good-faith attempt to report the information to an appropriate reporting authority. The ordinance defines"official misconduct"to include the violation of any taw,rule or regulation;the misuse or mismanagement of city assets;or an abuse of official authority. The ordinance defines"appropriate reporting authorities"to include elected officials,law enforcement agencies,the Denver Board of Ethics,or the appointing authority for the officer or employee who is being • accused of the official misconduct. . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . = What kind of retaliation is arohibited? The ordinance prohibits supervisors and appointing authorities from taking any adverse employment action against an employee in retaliation for the employee reporting official misconduct.The ordinance defines adverse employment action"to include actual or threatened disciplinary actions,adverse performance evaluations,or denial of compensation or benefits. . . . . . . . . • .. . . . . . . . . . • . . . . . . . . . • . . • ... . . . . . .. . . . . . . . . . . . • • .. . . . . . . . . . .. . . . . . • . . . .. . .. How may employees use this law to protect against retaliation for whistleblowing? The ordinance establishes procedures for overruling adverse employment actions taken against City employees in violation of the ordinance.Generally complaints under the ordinance must be brought within thirty(30)days of the alleged retaliation.The ordinance provides the following remedies for employees who believe they have suffered retaliation for engaging in protected whistle blowing: o Career Service employees may use the ordinance as a basis for a complaint directly to the Career Service Hear ings Office.A Career Service employee may also use the ordinance as a defense when contesting a • disciplinary action in accordance with the Career Service rules. ® Classified service employees(uniformed police and fire)may use the ordinance as a basis for a complaint directly to the employee's appointing authority.A classified service employee may also use the ordinance as a defense when contesting a disciplinary action in accordance with Civil service • Commission rules. o Other City and County of Denver employees may use the ordinance as a basis for a complaint to their appointing authorities,or a defense against any disciplinary action taken against them by their appointing authorities. This notice provides only a summary of the contents of the City and County of Denver Whistleblower Protection Ordinance.For further information and details,employees are encouraged to review the ordinance in its entirety. : Rev.071008 6'a� Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS STATEMENT OF PURPOSE AND INTENT On July 1, 2012, Indiana's new state law takes affect which prohibits smoking in most public places and places of employment. These regulations exempt private clubs, retail tobacco shops, bars and casinos; but permits cities, towns and counties to pass ordinances which may be more restrictive than the new state law. On September 12, 2006, St. Joseph County Council passed Ordinance No. 92-06 which updated prior ordinances addressing smoking regulations. This ordinance prohibits smoking in all public places in St. Joseph County, unless specifically exempted. The St. Joseph County Health Department is charged with enforcement. Fines which are collected are deposited into a non-reverting fund in the budget of the St. Joseph County Health Department dedicated to enforcement and educational programs about the purposes and requirements of these regulations. This ordinance would require any entity exempted by the new Indiana state law to properly post by the entrance to such facility whether they permit or prohibit smoking. In this way, notice is given to the public prior to entering and each person has the opportunity to decide whether to enter or not. This ordinance is believed to be in the best interest of South Bend. Section L Chapter 14, Article 10 of the South Bend Municipal Code is created to read in its entirety as follows: Article 10. Smoking Re ulations. See. 14-60 Definitions. All definitions set forth in Indiana Code § 7.1-5-12 related to "Prohibition on Smoking" shall govern. See. 14-61 Signage Required. (a) All locations which are exempted from the State of Indiana's "Prohibition on Smoking" which are located in the City of South Bend shall be required to post at all public entrances to such locations a sign which reads "WARNING: Smoking is Permitted in this Establishment"printed in blue and contain the Indiana Alcohol & Tobacco Commission no smoking logo symbol printed in red on a white background with such signs printed on a minimum size of 8" x 10". Smoking Regulation ordinance Page 2 (b) All public locations and places of employment which prohibit smoking must post signs given notice of such prohibition which are compliant with the governing Indiana state law. Sec. 14-62 Penalties. (a) Anyone violating any of the provisions of this Article shall be subject to the following penalties: (1) Citations: For the first violation in a calendar year, a citation shall be issued imposing a fine of two hundred fifty dollars ($250.00). For all subsequent violations, a citation shall be issued imposing a fine of five hundred dollars ($500.00). (2) Civil Action: In addition to the issuance of citation(s), the City Attorney's Office is authorized to bring civil action against any alleged violator of this Article for all unpaid fines, and any and all expenses incurred by the City to enforce the provisions of this Article to seek compliance from the alleged violator. (b) Each violation of this Article shall constitute a separate offense. Section Il. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member David ner Sty' District Council Mein er ctest: John Voorde, City Clerk Smoking Regulation Ordinance Page 3 675' !'resented' by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock—. rn. Janice Talboom, Deputy Clerk rowd-and-,si5ned- by me on the day of 2012, at o'clock Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in sl READ11,JIG `UDUC HEARING r� READiNG ,.,)T APPROVED C.. ZEFIRRED )ASSED City of South Bend Common Council x e 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.soutbbendin.gov President Oliver J. Davis June 6, 2012 Vice-President Karen L. White The South Bend Common Council Chairperson, Committee 4h Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott Re: Proposed Smoking Regulations First District Henry Davis, Jr. Dear Council Members: Second District Indiana's new state law on smoking takes effect on July 1, 2012. 1 have Valerie Schey attached a 2-page summary in a Q & A format which is posted on the State of Third District Indiana's Alcohol and Tobacco Commission website, which provides a good summary of these new provisions. Fred Ferlic Fourth District The attached ordinance would require signage to be posted at the entrance of all David Varner facilities open to the public. In this way, any person has notice, before entering,Fifth District whether smoking is permitted or whether it is prohibited. Oliver J. Davis By passing this ordinance, it would give greater opportunity to collaborate with Sixtb District the County Health Department, and also see how the new state law is working. Derek D. Dieter We all have concerns about protecting individuals from secondhand smoke. At Large With these additional notice provisions, persons have the right to select the Gavin Ferlic venues they wish to patronize. At Large I believe that the Council should have options and alternatives, and the Karen L White attachment presents one for your consideration.. Thank you. At Large sincerely, Dr. David Varner 5'h District Council Member Attachment 302 W.Washington Street STATE OF INDIANA IGCS,Room E-1 14 Indianapolis,Indiana 46204 ALCOHOL AND TOBACCO COMMISSION Corporal Travis Ttiickstun * Public Information Officer www.in.govlatc INDIANA'S NEW SMOKING LAW FREQUENTLY.ASKED QUESTIONS—GENERAL INFORMATION 1. When does Indiana's new statewide smoking ban go into effect? The new law goes into effect July 1,2012. 2. Where can I find a copy of House Enrolled Act No. 1149? You can access it at:htt ://www.in, ov/le islative/bills/2012/HE/HE 1149.1.htn31. 3. Where is smoking prohibited? Smoking is prohibited in most public places and places of employment. Stroking is also prohibited in state-owned vehicles and school buses under certain circumstances. 4. Where is smoking permitted? Smoking is permitted in the following establishments: a horse-racing facility, a riverboat, a facility with a gambling game license, a satellite-gaming facility, cigar bars,hookah bars,certain fraternal clubs, a retail-tobacco store, a bar or tavern meeting certain requirements,a cigar-manufacturing facility, a cigar-specialty store,a business in a private residence,provided that each establishment meets the requirements of LC. 7,1-5-12, S. How far must someone be from the entrance of a public place or place of employment in order to smoke? Smoking is prohibited within eight feet of a public entrance to a public place and place of employment. 6. Who enforces the law? The Alcohol &Tobacco Commission is the primary enforcement agency.Additionally,the Indiana State Department of Health, a local health department,a health and hospital corporation(Marion County), the Division of Fire and Building Safety,and any law enforcement officer may enforce the law. 7. Where may I file a complaint for a violation of the smoking ban? The complaint form is found at: http,//www.in.Zov/atc/2640.htm. Only complaints concerning the state smoking law will be investigated.For a violation of a local city,town,or county smoking ordinance, please contact the appropriate city,town,or county government agency directly. We cannot enforce local ordinances. S. Is smoking prohibited in vehicles? Smoking is only prohibited in state-government vehicles owned,leased and operated for governmental functions. Smoking is permitted in private vehicles. Approved:May 31,2012 Edition 6 FAQ PAGE 2 OF 2 9. Where should signage be located? Signs are required to be posted at all public entrances of enclosed public places and places of employment. Signs must read"State Law Prohibits Smoking Within S Feet of this Entrance"or other similar language. Signs are available online at www.in.gov/atc. 10. Where can I get information on quitting tobacco use? You can get more information from: http://www.in.goy/quitlane/. 11. How does the state law affect local ordinances on smoking? The new state statute does not supersede a local county,city,or town ordinance previously adopted, if that local ordinance is more restrictive than state law.Additionally, the new state statute does not prohibit a local county, city, or town from adopting an ordinance more restrictive than state law. 12. May a business exempt from the state smoking law choose to prohibit smoking? Yes.A business owner or manager may voluntarily choose to prohibit smoking, even if the type of business is one of the exemptions to the state's smoking law.For example, a tavern owner may chose to prohibit smoking. 13. The smoking-ban law requires businesses that are exempt from the ban to provide the Alcohol & Tobacco Commission with a statement verifying their exemption.How do we file this statement with the ATC? Fraternal clubs and other organizations that meet all of the requirements for an exemption from the state smoking ban may file the Exemption Form found on the ATC's website, www.in.gov/ate.The form will be available before July 1,2012, when the law takes effect. 14. Does the new smoking law include chewing tobacco and snuff? No. Approved:May 31,2012 Edition 6 i N N o U a U _U Q r® U t4 cd N U of U F ORDINANCE NUMBER: Substitute Bill No. 24-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 6 ADDRESSING AIR POLLUTION CONTROL OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT The 2006 U.S. Surgeon General's Report, The Health Consequences aflnvoluntary Exposure to Tobacco Smoke, concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke, (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4)there is no risk-free level of exposure to secondhand smoke; (S) establishing smoke free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6)evidehee from peer-reviewed studies shows that smoke free policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,2006) According to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke. (U.S. Department of Health and Human Services, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a Clean Air Standards for Workplaces and Public Places Ordinance Page 2-Substitute Bill No. 24-12 cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10,"Bethesda, MD:National Institutes of Health, National Cancer Institute (NCI), August 1999) The Public Health Service's National Toxicology Program (NTP) has Iisted secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000;reaffirmed by the NTP in subsequent reports on carcinogens,2003,2005) There is indisputable evidence that implementing 100% smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke. (World Health Organization (WHO), "Protection from exposure to secondhand smoke: policy recommendations," World Health Organization (WHO), 2007) In reviewing l 1 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smoke free laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smoke free laws reduce heart attacks. (Institute of Medicine (IOM) of the National Academies, Board on Population Health and Public Health Practice, Committee on Secondhand Smoke Exposure and Acute Coronary Events, "Secondhand smoke exposure and cardiovascular effects: making sense of the evidence," Washington, DC.- National 4cademies Press, October 2009) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARD102000 case-control study," Tobacco Control 11(3):220- 225, September 2002) Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a tobacco-specific carcinogen linked to lung cancer) in hospitality workers find dramatic reductions in the levels of these biomarkers after a smoke free law takes effect. Average cotinine levels of New York City restaurant and bar workers decreased by 85% after the city's smoke free law went into effect. (jn.a.j, "The State of Smoke-Free New York City: A One Year Review,"New York City Department of Finance, New York City Department of Health &Mental Hygiene, New York City Department of Small Business Services, New York City Economic Development Corporation, March 2004). After the implementation of Ontario, Canada's Smoke free Indoor Air Law, levels of NNAL were reduced by 52% in nonsmoking casino employees and cotinine levels fell by 98%. (Geoffrey T. Fong, et. al., "The Impact of the Smoke-Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos: A Quasi-Experimental Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2,2006) Clean Air Standards for Workplaces and Public Places Ordinance Page 3-Substitute Bill No.24-12 Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke exposure in the workplace, which included indoor air quality tests and biomarker assessments, the National Institute of Occupational Safety & Health (NIOSH) concluded that the casino employees are exposed to dangerous levels of secondhand smoke at work and that their bodies absorb high levels of tobacco-specific chemicals NNK and cotinine during work shifts. NIOSH also concluded that the "best means of eliminating workplace exposure to (secondhand smoke] is to ban all smoking in the casinos." (Health hazard evaluation report: environmental and biological assessment of environmental tobacco smoke exposure among casino dealers, Las Vegas, NV. By Achutan C, West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health,NIOSH HETA No.2005-0076 and 2005-0201-3080, May 2009) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to environmental tobacco smoke", Tobacco Control 6(4): 346-353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act,"Nonsmokers' Voice 15(1): 8-9) The U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non- linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen, "Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke?"British Medical Journal 328.• 980-983, April 24, 2004) Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke free environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smoke free in their entirety. (Samet, J.; Bohanon, Jr.,H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005) During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels measured in outdoor cafes and restaurant and bar patios near smokers rival indoor tobacco smoke concentrations. (Klepeis, N.; Ott, W.R.; Switzer, P., "Real-time measurement of outdoor tobacco smoke particles,"Journal of'the Air& Waste Management Association 57: 522-534, 2007) Nonsmokers who spend six-hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smoke free outdoor area. (Hall, J.C.; Bernert, J.T.; Hall,D.B.; St Helen, G.; Kudon,L.H.;Naeher, L.P., "Assessment Clean Air Standards for Workplaces and Public Places Ordinance Page 4-Substitute Bill No. 24-12 of exposure to secondhand smoke at outdoor bars and family restaurants in Athens, Georgia, using salivary cotinine,"Journal of Occupational and Environmental Hygiene 6(I1): 698-704, November 2009) Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other tobacco products is left behind after smoking occurs and builds up on surfaces and furnishings. This residue can linger in spaces long after smoking has ceased and continue to expose people to tobacco toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and ceilings. Gases can be absorbed into carpets, draperies, and other upholsteries, and then be reemitted (off-gassed) back into the air and recombine to form harmful compounds. (Singer, B.C.; Hodgson, A.T.; Nazaroff, W.W., "Effect of sorption on exposures to organic gases from environmental tobacco smoke (ETS)," Proceedings: Indoor Air 2002, 2002) Tobacco residue is noticeably present in dust throughout places where smoking has occurred. (Matt, G.E.; Quintana, P.J.E.; Hovel], M.F.; Bernert, J.T.; Song, S.; Novianti, N.; Juarez, T.; Floro, J.; Gehrman, C.; Garcia, M.; Larson, S., "Households contaminated by environmental tobacco smoke: sources of infant exposures," Tobacco Control 13(1):29-37, March 2004) Given the rapid absorption and persistence of high levels of residual nicotine from tobacco smoke on indoor surfaces, including clothing and human skin, this recently identified process represents an unappreciated health hazard through dermal exposure, dust inhalation, and ingestion. (Sleiman, M.; Gundel, L.A.; Pankow, J.F.; Jacob III, P.; Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by surface-mediated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke hazards," Proceedings of the National Academy of'Sciennces of'the United Sates of America (PNAS) 107(15): 6576-6581, February 8,2010) Unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or "e- cigarettes, "closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested "quality control processes used to manufacture these products are inconsistent or non-existent." &.a.), "Summary of results: laboratory analysis of electronic, cigarettes conducted by FDA," Food and Drug Administration (FDA), July 22, 2009; http://www.fdg.gov/NewsEvents/PublicHealthFocus/ucml 73146.htm Accessed on: October 22, 2009) E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke,".Society ofActuaries, March 31,2005.) Clean Air Standards for Workplaces and Public Places Ordinance Page 5-Substitute Bill No. 24-12 Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L., "The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States."American Journal of Public Health, 87:I687-1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke-free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. ("The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6-9, August 1997) The smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. Section I. Chapter 13, Article 6 Air Pollution Control Regulations of the South Bend Municipal Code is amended to include the following sections, which shall read as follows: Sec. 13-76 Purposes of Clean Air Standards for Workplaces and Public Places. The Common Council finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. See. 13-76.1 Definitions. The following words and phrases, whenever used in this ordinance, shall be construed as defined in this Section: (a) "Ashtray" means any receptacle that is used for disposing of smoking materials, including, but not limited to, ash and filters. (b) "Bar" means any establishment used primarily for the sale of alcoholic beverages for consumption by patrons on the premises and which holds a retailer's permit under the laws of the State of Indiana. The term includes, but is not limited to, taverns, nightclubs, and cocktail lounges. (c) "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including, but not limited to, retails establishments where goods or services are provided to the public, and other entities where Clean Air Standards for Workplaces and Public Places Ordinance Page 6-Substitute Bill No. 24-12 accounting, counseling, legal, medical, dental, engineering, architectural, or other professional services are delivered. (d) "Cigar" means any roll of tobacco that has a wrapper or cover consisting only of tobacco, weighing more than four and one-half pounds per 1,000 and is sold without a filter. (e) "Cigarette"means: (1) Any roll for smoking containing tobacco wrapped in paper or in any substance other than tobacco leaf or (2) Any roll for smoking containing tobacco wrapped in any substance, however labeled or named, which because of its appearance, size, the type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, purchased by, or consumed by consumers as a cigarette as defined above. (f) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services. (g) "Employer" means a person, business, association, municipal corporation, trust, or nonprofit entity that employs the services of one or more individual employees. (h) "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind. (i) "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, or physiological conditions, including but not limited to, hospitals, rehabilitation hospitals, addiction treatment hospitals and facilities, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. The term "Health Care Facility" shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities. 0) "Place of Employment"means an area under the control of a public or private employer that employees normal frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. (k) "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for Clean Air StandaMs.for Workplaces and Public Places Ordinance Page 7-Substitute Bill No.24-12 play or sports activities, or any similar facility located on public or private school grounds or on South Bend grounds. (1) "Public Place" means an area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, Laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a childcare, adult day care, or health care facility. (m)"Restaurant" means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. (n) "Retail Tobacco Store"means a retail store: I. Utilized primarily for the sale of tobacco and tobacco-related products including, but not limited to cigarettes, cigars, tobacco, pipes, cigarette paper and lighters; 2. That is not licensed for the consumption of meals or alcoholic beverages on the premises operated in conjunction with another business that is licensed for the on-premises consumption of meals or alcoholic beverages; and 3. In which the sale of tobacco and tobacco-related products accounts for not less than 85% of the store's gross sales. "Retail Tobacco Store" does not include a tobacco department of a larger commercial establishment such as a grocery store, department store, discount store or hotel. (o) "Service Line" means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service or any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. (p) "Shopping Mall" means a public walkway or hall area that serves to connect retail or professional establishments. (q) "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any lighted or heated tobacco or plant product or equipment intended for inhalation, in any manner or in any form. "Smoking"also includes the use of an e- Clean Air Standards for Workplaces and Public Places Ordinance Page 8-Substitute Bill No. 24-12 cigarette, which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. (r) "Sports Arend' means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. (s) "Tobacco Specialty Bar"means a business that, as of June 6, 2012: 1. Is licensed to sell alcoholic beverages pursuant to a permit issued by the Indiana Alcohol and Tobacco Commission for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages and the sale of cigars or Hookah tobacco; 2. Is engaged in the business of selling cigars or hookah tobaccos and where at least twenty percent (20%) or more of its total annual gross income over the preceding calendar year derived from the on-site sale of cigars or Hookah tobaccos; 3. That is not physically located within a business otherwise required to be smoke free and 4. Does not sell cigarettes or allow smoking of cigarettes on the premises. See. 13-76.2 Prohibition of Smoking. Except as provided in Sec. 13-76.6 Exemptions, smoking shall be prohibited in all enclosed public places within the City of South Bend, Indiana, including but not limited to, the following places: a. Aquariums, galleries, libraries and museums.. b. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, Laundromats, professional offices, and retail service establishments. c. Bars. d. Bingo facilities. e. Childcare and adult day care facilities. f: Convention facilities. Clean Air Standards for Workplaces and Public Places Ordinance Page 9-Substitute Bill No. 24-12 g, Educational facilities, both public and private. h. Elevators. i. Gaming facilities. j. Health care facilities. k. Hotels and motels. 1. Lobbies, hallways, and other common areas in apartment building, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. m. Polling places. n, Public transportation vehicles, including buses and taxicabs, under the authority of the City of South Bend, Indiana, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. o. Restaurants. p. Restrooms, lobbies, reception areas, hallways, and other common-use areas. q, Retail stores. r. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of South Bend, Indiana or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of South Bend, Indiana. s. Service lines. t. Shopping malls. u. Sports arenas, including enclosed places and outdoor areas. v. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. w. Tobacco Specialty Bars. Clean Air Standards for Workplaces and Public Places Ordinance Page 10-Substitute Bill No. 24-12 Sec. 13-76.3 Prohibition of Smoking in Enclosed Places of]Employment. (a) Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. (b) The prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 13-76.4 Applicability to City Facilities. All facilities and vehicles owned, leased or operated by the City of South Bend, Indiana, as well as outdoor property adjacent to such buildings and under the control of the City of South Bend, Indiana, shall be subject to the provisions of this Article. Sec. 13-76.5 Reasonable Distance. Smoking shall be prohibited outdoors within a reasonable distance from an enclosed area where smoking is prohibited by this Article, but in no event closer than eight (8) feet, so as to insure that tobacco smoke does not enter into establishments designated as smoke free under this Article through entrances, windows, ventilation intakes or other means. Sec. 13-76.6 Exemptions. Notwithstanding the smoking prohibitions in Sec. 13-76.2 of this Article, smoking will be permitted in the following locations: 1. Retail Tobacco Stores. 2. Private residences, except when used as a licensed childcare, adult day care, or health care facility. 3. Outdoor areas of a golf course not to include miniature golf courses. 4. Any business that as of.Tune 6, 2012: a. Is exempt from federal income taxation under 26 United States Code § 501 (c); b. Is a "club" as that term is defined by Indiana Code § 7.1-3-20-1, or a "fraternal club" as that term is defined by Indiana Code § 7.1-3-20-7; c. Holds a beer, liquor, or wine retailer's permit under the laws of this state; and Clean Air Standards for Workplaces and Public Places Ordinance Page 1 1 -Substitute Bill No.2412 d. Provides food or alcoholic beverages only to its bona fide members and guests and, in addition, e. The business: (1) Provides a separate, enclosed, designated smoking room or area that is adequately ventilated to prevent migration of smoke to nonsmoking areas of the premises; and (2) Allows smoking only in the room or area described (i) above. 5. None of the areas in Sec. 13-76.6 Exemptions shall be exempt from the provisions of this Article if smoke from any area enters, either directly or indirectly, through entrances, windows, ventilations systems, or other means, where smoking is otherwise prohibited by this Article. 6. Any business claiming an exemption pursuant to this Sec. 13-76.6 Exemptions shall provide to the South Bend Department of Code Enforcement within three (3) business days of demand, adequate written proof that it qualifies for the exemption claimed. An authorized representative of the business shall certify such written proof under the penalties for perjury. 7. No person, or entity shall discharge, refuse to hire or retaliate in any manner against an employee, applicant for employment,or customer because of any attempt to enforce the provisions of this Article by such employee, applicant or customer. Sec. 13-76.7 Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places: (a) Within a reasonable distance of eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas. (b) All outdoor property that is adjacent to buildings owned, leased, or operated by the City of South Bend, Indiana and that is under the control of the City of South Bend, Indiana. (c) In, and within eight (8) feet of, outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited for outdoor seating or serving areas of restaurants and bars. (d) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and within eight (8) feet of, bleachers and grandstands for use by spectators at sporting and other public events. Clean Air Standards for Workplaces and Public Places Ordinance Page 12-Substitute Bill No.24-12 (e) In, and within eight (8) feet of, all outdoor playgrounds. (f) In, and within eight (8) feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the City of South Bend, Indiana. (g) In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants; and toll takers. In lines in which persons in vehicles obtain service, both pedestrians and persons in vehicles, but only within eight (8) feet of the point of service prohibit smoking. (h) In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multi-unit residential facilities, except in designated smoking areas, not to exceed twenty-five percent (25%) of the total outdoor common area, which must be located at least eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. Sec. 13-75.8 Additional Requirements. (a) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. (b) An owner, operator, manager, or official in charge of a public place or place of employment shall post conspicuous signs at each entrance that read "The City of South Bend Prohibits Smoking Within 8 Feet of This Entrance". (c) Any establishment exempted from Section VI shall clearly and conspicuously post the following sign at every entrance: "Warning: This Is A Smoking Establishment". See. 13-76.9 Declaration of Establishment as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor areas are a nonsmoking place. See. 13-76.10 Enforcement. (a) The South Bend Department of Code Enforcement shall enforce this Article. (b) An owner, manager, operator, or employee of an establishment regulated by this Article, shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to refrain from smoking. Clean Air,Standards for Workplaces and Public Places Ordinance Page 13-Substitute Bill No.24-12 (c) For a business that elects to be exempted under the provisions of Sec. 13-76.6 Exemptions, it shall be the duty of the owner, manager, or operator to ensure that no persons under the age of eighteen (18) are allowed to enter. See. 13-77 Penalties. (a) Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area found to be in violation of any of the provisions of Sec. 13- 76 through Sec. 13-76.10 shall be issued an ordinance violation citation subject to the following fines: (1) The issuance of a verbal and written warning for the first violation, (2) A fine of Two Hundred and 00/100 Dollars ($200.00) for the second violation within the same calendar year payable through the Ordinance Violations Bureau; (3) A fine of Four Hundred and 00/100 Dollars ($400.00) for a third violation within the same calendar year; (4) A fine of Eight Hundred and 00/100 Dollars ($800.00) for a fourth violation within the same calendar year; and (5) A fine of Fifteen Hundred and 00/100 Dollars ($1,500.00) for each additional violation occurring within the same calendar year. (b) Each day of violation shall constitute a separate and distinct offense. Section Il. Repealer: Any Ordinance in effect, which is inconsistent, or conflicts with any part of this Ordinance is expressly repealed to the extent of such inconsistency or conflict, and the remainder of the Ordinance shall be unaffected and remain in effect. Section III. Severability: if any section, sentence, or provisions of this Ordinance, or the application thereof to any person or circumstance shall be declared invalid, such invalidity shall not affect any of the other sections, sentences, provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section IV. Legal Construction: This Ordinance shall be construed broadly to effectuate the purposes of this Ordinance. Section V. Effective Date: This Ordinance shall be in full force and effect beginning July 1, 2012, after its passage by the Common Council, its approval by the Mayor, and legal publication. Valerie Schey, 3 District Council Member �p(3TH8�, City o t en Common Council x 1865 x 441 County-City Building . 227W.Jefferson Blvd. (574) 235-9321 South Bend,Indiana 46601-1830 Fay: (574) 235-9173 http://www.southbendin.gov Derek D. Dieter The South Bend Common Council June 7, 2012 President 4tn Floor County-City Building Oliver J. Davis South Bend, Indiana 46601 Vice-President Re: Substitute Bill No. 24-12 Karen L. White Proposed Clean Air Standards for Workplaces and Public Places Chairperson, Committee of the Whole Dear Council Members: Tim Scott first District Substitute Bill No. 24-12 incorporates the provisions originally contained in Bill No. 24-12. This proposed ordinance would create new regulations addressing clean air Henry Davis, Jr. standards for workplaces and public places. Second District It is our understanding that because this proposed ordinance contains regulations which Valerie Schey would be of a "general and permanent nature", and because it proposes specific Third District penalties, that if passed, the ordinance would need to be codified into the South Bend Fred Ferlic Municipal Code. Fourth District The format of Substitute Bill No. 24-12 is consistent with the applicable requirements David Varner set forth in Sec. 2-9 of the South Bend Municipal Code. Fifth District We ask that Substitute Bill No. 24-12 be sent to the Health and Public Safety Oliver J. Davis Committee for public hearing and an advisory favorable recommendation, and that it be Sixtb District set for 2,d & 3rd readings and public hearing before the Common Council on June 25, 2012. We look forward to working with you on this important health and safety At Large Derek e Dieter ordinance, which we believe is in the best interest of the City of South Bend. Gavin Ferlic Si erely, At Large Sj—%JA Karen L. White Valerie Schey, 3rd District Counci Oliver J. Davis, 6th District Council At Large Dr. Fred Ferlic, 41h District Council Gavin Ferlic, At Large Attachment 7 U'? i f ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A DOWNTOWN MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT STATEMENT OF PURPOSE AND INTENT To complement economic development efforts of cities and towns, the Indiana General Assembly enacted Ind. Code §7.I-3-20-16 (The "Act"). The Act allows the Indiana Alcohol and Tobacco Commission (ATC) to issue one-way, two-way and three-way nontransferable permits without regard to the ATC quota restrictions to restaurants located within an authorized Municipal Riverfront Development Project, funded in part with State and City money. The St. Joseph River is among the City of South Bend's most beautiful and treasured assets, and the optimum utilization of this valuable resource was emphasized in the Central Development Area Development Plan (The "Plan") adopted by the South Bend Redevelopment Commission on May 10, 1985, and last amended December 28, 2010. Riverfront Development was also emphasized in the City Plan, and the East Bank Village Master Plan both of which called for optimum utilization of South Bend's Riverfront property. Through its Resolution No. 4163-12, adopted on March 26, 2012, the South Bend Common Council expressed its interest in establishing a Municipal Riverfront Project. The Council further finds that adoption of a Municipal Riverfront Development Project is consistent with the Plan, and that over 22 Indiana cities and towns have designated a municipal riverfront project, resulting in the issuance of 130 riverfront licenses (ATC designated License No. 221-3) which have fostered economic development in these cities. To encourage new restaurant proprietors to invest in the SBCDA, the South Bend Common Council determines that it is in South Bend's best interest to authorize and establish boundaries for a Municipal Riverfront Development Project in the downtown area, and to work with the City Administration to establish processes and procedures to permit such proprietors to apply to the ATC for a 221-3 Riverfront License. This Ordinance identifies the boundaries of a Municipal Riverfront Development Project, as shown in a map attached as Exhibit "A", and the Council finds that these boundaries comply in all respects with the Act in that the designated area borders on at least one side of the St. Joseph River and the entire authorized real estate as legally described in Exhibit `B" is located within a redevelopment area established under Indiana law. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. The area shown on the map attached as Exhibit "A" and described legally in Exhibit "B" is hereby designated as a Municipal Riverfront Development Project for the City of South Bend pursuant to the Act, and it meets all qualifications for such a Project under the Act. Section 11. The South Bend Redevelopment Commission is directed to develop policies and procedures for individuals, corporations, and business entities to apply for a Riverfront License pursuant to the Act and consistent with the regulations promulgated as a result of the Act. Section Ill. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest, Member of the Common Council City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. City Clerk Approved and signed by me on the day of , 2012, at o'clock m. Mayor, City of South Bend, Indiana r Df,..r a AY 2 PASSED ��$o f If�1�&��O '% ity- _ Common Council 1965 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Send,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President June 4, 2012 Oliver J. Davis Members of the Common Council Vice-President 4"'Floor County-City Building Karen L. White South Bend, Indiana 46601 Chairperson., Committee of the Whole Re: Bill No. 18-12--Proposed Ordinance to Establish a Municipal Riverfront Development Project Tim Scott First District Dear Members of the Common Council: Henry Davis, Jr. On May 23, 2012, the documents to establish a "Municipal Riverfront Development Second District p Project" were filed with the Office of the City Clerk. On May 31, 2012, Interim Valerie Schey City Attorney Aladean M. DeRose filed additional information related to Bill No. Third District 15-12 with the Office of the City Clerk. Fred Ferlic The purpose of this letter is to officially add to the sponsorship of Bill No. 18-12, Fourth District Council Members Tim Scott and Fred Ferlic. David Varner The original fling included the proposed ordinance whose intent is to "kick-start Fifth District farther economic development in the downtown by providing a recruitment tool to Oliver J. Davis encourage quality eating establishments, entertainment, and cultural venues to locate Sixth District within 1,500 feet of the river by making available lower cost non-transferable 3-way licenses that are not subject to the quota." Indiana Code § 7.1-3-20-16 allows for Derek D. Dieter the creation of a Municipal Riverfront development area to be declared in blighted At Large locations within 1,500 feet from a river's edge. The proposed ordinance is in line Gavin Ferlic with our city's repeated desire to cultivate our river as an asset. A Large Resolution No. 4163-12, adopted on March 26, 2012 by the South Bend Common Karen L. White Council expressed its interest in establishing a Municipal Riverfront Project.Bill No. At Large 18-12 would be the realization of this Resolution. With its passage, South Bend would join 22 Indiana cities and towns who have already designated a municipal riverfront project. They have resulted in the issuance of 130 riverfront licenses (ATC designated License No.221-3)which have fostered economic development in these cities. Your favorable consideration is requested. Please do not hesitate to contact us if you need additional information. Sponsorship Letter For Bill No. 18-12 June 4,2012 Page 2 Most sincerely, CounnciI Member Gavin Ferlic Common Council Member, At-Large Council Member Tim Scott I"District Council Member r Council Member Fred Ferlic 4 I District Council Member South Bend Municipal Riverfront Development Project District ver ' irb Bl erg ride �i Ha , � ''C{; ui .•. r AiaS sfrr.S 'c— G ,t ey Pl ins t rf-S Mama _ a�S Ma�iisorrS � Mc inla Colts a f Cs e h S 1 no a NA rwon Ilk, ".> t Feat-& : mp ® b ohFoLS 11TIF Areas m Riverfront District_Proposed re-.lolErasa Rica ' fd 1,500 ft Buffer from River Wenge St R C Feet 0 415830 1 ,660 2,490 3,320 EXHIBIT B Legal Description for the Downtown Municipal Riverfront District Beginning at the intersection of the Centerline of Corby Boulevard with the Centerline of St. Louis Boulevard; thence South along the Centerline of said St. Louis Boulevard a distance of 2,870 feet more or less to the Centerline of LaSalle Avenue; thence West along said Centerline to the North projected Centerline of the first Alley East of Hill Street; thence South, along said projected Centerline to a point that is 66 feet North of the North right-of-way line of Washington Street; thence East to the East right-of-way line of St. Louis Boulevard; thence South along said East right-of-way line to the North right-of- way line of Washington Street; thence East on said North right-of-way line to the East right-of-way line of the first North-South Alley East of St. Louis Boulevard; thence South along said East right-of-way line of Alley to the South right-of-way line of the first East- West Alley South of Washington Street; thence West along said South right-of-way line of said Alley to the centerline of the first 14-foot North-South Alley lying East of Hill Street; thence South along said Centerline of Alley to the South right-of-way line of Jefferson Boulevard; thence East along said South right-of-way line to the East right-of- way line of St. Louis Boulevard; thence South along said East right-of-way line to the North right-of-way line of Wayne Street; thence East along said North right-of-way line of Wayne Street to the East right-of-way Iine of Notre Dame Avenue; thence South along said East right-of-way line to a point on the East right-of-way line of Notre Dame Avenue which is South 205 feet from the South right-of-way line of Wayne Street; thence East 173 feet; thence North 102.5 feet; thence East 171.07 feet to the West right-of-way line of Frances Street; thence South along said West line 102.5 feet to a point of intersection with the North right-of-way line of Quimby Street extended West; thence East along the North right-of-way line of Quimby Street and its Westerly extension to the West right-of-way line of Eddy Street; thence South along said West line to the South line of the Plat of Parry's Addition; thence West along the said South Pane and the South line of the Plat of Beck's I" Addition to the West right-of-way line of Frances Street; thence South along said West line to the Northeasterly right-of-way line of Northside Boulevard; thence Southeasterly along said Northeasterly right-of-way line to the South right-of-way line of Sample Street; thence Southwesterly along said South right-of-way line to the Centerline of the St. Joseph River; thence meandering Northwesterly along said Centerline to the Easterly projection of the Southerly right-of-way line of Monroe Street; thence Southwesterly along said projection and the Southerly right-of-way line of Monroe Street to the Easterly right-of-way line of Lincolnway East (U.S. Highway #933); thence Southeasterly along said Easterly right-of-way line to the South right-of- way line of Sample Street; thence West along said South right-of-way line to a point which is East 137.5 feet from the Centerline line of Rush Street projected South; thence North 300 feet; thence West 137.5 feet to said Centerline Iine of Rush Street; thence along said Centerline for the next two (2) courses, North 530 feet and West 248 feet; thence North 100 feet; thence West 100 feet to the Centerline of Fellows Street; thence North along said Centerline 210 feet to the Centerline of Bronson Street; thence West along said Centerline of Bronson Street to the Centerline of Columbia Street; thence North along said Centerline of Columbia Street to the Centerline of South Street; thence West along the Centerline of South Street to the Centerline of Carroll Street; thence West along the Centerline of South Street to the Centerline of Carroll Street; thence North along the Centerline of Carroll Street to the Centerline of Monroe Street; thence West on the Centerline of Monroe Street to a point that is 250 feet East of the Centerline of Michigan Street; thence North to the Centerline of Western Avenue; thence West on the Centerline of Western Avenue to the Centerline of Michigan Street; thence North on the Centerline of Michigan Street to the Centerline of Wayne Street; thence West on the Centerline of Wayne Street to the Centerline of Main Street; thence North on the Centerline of Main Street to the Centerline of Washington Street; thence West on the Centerline of Washington Street to the Centerline of Lafayette Boulevard; thence North on the Centerline of Lafayette Boulevard to the Centerline of Colfax Avenue; thence West on the Centerline of Colfax Avenue to a point of intersection with the Centerline of the first North-South Ailey West of Lafayette Boulevard projected South; thence North along said centerline, in certain places being sometimes known as St. James Court, to the North right-of-way line of La Salle Avenue; thence East along said North right-of-way line to the West right-of-way line of Lafayette Boulevard; thence North along the said West right-of-way line to the Centerline of Navarre Street; thence East along the Centerline of Navarre Street to a point of intersection with the East right-of-way line of St. Joseph Street projected North; thence South along said projection and the East right- of-way line of said St. Joseph Street to the North right-of-way line of Marion Street; thence East along said North right-of-way and its projection to the East to the Centerline of the St. Joseph River; thence Northeasterly along the Centerline of the St. Joseph River to a point of intersection with the Centerline of Corby Boulevard projected West; thence East along said projected Centerline and the Centerline of Corby Boulevard to the Point of Beginning. Containing 465.69 acres more or less. MAY 4 33 MZ L j) .5 IRS South Bend Common Council LU 227 West Jefferson Blvd Suite 400 S South Bend, Indiana 46601 May 23, 2012 Committed Members of the South Bend Common Council, It is with great enthusiasm that I write to support the creation of the Downtown South Bend Municipal Riverfront Development District. The creation of this district is the first step in being able to offer a valuable recruitment tool for new dining, cultural and entertainment venues along or near the Saint Joseph River in downtown. The information you have received pursuant to this topic is the culmination of several months of work which represents input and collaboration from your fellow council members, downtown businesses and stakeholders,the City of South Bend's Mayor's Office,Attorney's Office, and Community& Economic Development, Indiana Alcohol &Tobacco Commission, and other municipalities across the State of Indiana. I believe that you will find the maps, processes, and FAQs to be well researched, clear, and in the best interest of our community. To be clear,the first step in being able to offer Municipal Riverfront Development District liquor license is the definition and creation of the district itself. The ordinance upon which you will vote simply does that— defines and creates the district. From there, we seek to work with the Redevelopment Commission to approve and establish the process by which these licenses will be granted. As you will note, the Common Council is indeed included in this approval process. Thank you for your consideration and your service to our community. I look forward to working with you on this and other topics as we continue to advance the great City of South Bend. Respectfully, Aaron J. Perri Executive Director, iAy 2012 Downtown South Bend, Inc. _ Downtown South Bend,Inc. 217 South Michigan Street South Bend,Indiana 46601 Phone: (574)282-1110 ]Fax: (574)233-7382 www,downtownsouthbend.com 1400 Cowry-Cary PunDiNC � \ �j PHoNE 574/235-9241 227 W JEFFERSON BOULYVARD FAx 5741235-7670 fA `\\` 9rA � SouTHBENn>INDIANA46601-1830 x a 18G5 CITY OF SOUTH BEND PETE BU TIGIEG, MAYOR .DEPARTMENT OF L.AW Al ADEAN M. DERosF CmArroRNEY,AD INTEpaT May 31, 2012 Mr. Derek Dieter President, South Bend Common Council 4"' Floor, County-City Building South Bend, IN 46601 Re: Additional Information on Bill No. 18-12 Dear President Dieter: I understand that the Council has moved public hearing on Bill No. 18-12 to June 25, 2012. That Bill seeks to establish a Municipal Riverfront Development Project. In connection with Bill No. 18-12, 1 attach a "FAQ" sheet prepared by Downtown South Bend (DTSB) which, along with Council and other City officials, spent considerable time and effort to bring the concept of a Riverfront Development Project to fruition in downtown South Bend. I believe Council members will find the enclosure to be useful and informative as they consider this ordinance. Thank you for making appropriate distribution of this material. Sincerely, Aladean M. DeRose City Attorney, A.I. AMD/cw cc: Tamara Nicholl-Smith Filed 0 ly"s Y uOT is CHERYL A. GREENE ANN-CAROL,NAS11 ANDREA L.BEAcHTCorwy LAWRENCE J.METF.CVFR JEFFREY L. SANFORD Downtown Municipal Riverfront Development District FAQ What is a Municipal Riverfront Development District(MRDD)? A district that is exempt from the State alcohol and beverage permits quota (see State Code: IC 7.1-3-20- 16.1 in Appendix). According to the State of Indiana Legal Code,what does an establishment applying for a 221-3 license need to file with the ATC? The establishment must fill out the regular ATC application, check the RMDD box, and include the following: 1. A copy of the local ordinance of the local governing body that declares the RMDD 2. A detailed aerial map showing the entire boundaries of the Municipal Riverfront Development District 3. The location of the establishment(must be within the boundaries) 4. A letter from the mayor in support of their application* *This letter is obtained through the local process. What are the restrictions? • District must be within 1,500 feet of a river • Permitted in Redevelopment Districts • Boundaries must be adopted by the City Council What does a MRDD allow? New businesses locating within these boundaries will be able to apply for a 221-3 Riverfront license. How is a 221-3 Riverfront license different from a standard 3-way license? Regular License Riverfront District License State quota limits number of available licenses No quota mandated by the state [Usually purchased on open market for$20,000-$40,000 Available from the state for$1,000 Transferable.Can be sold Non-transferable/Cannot be sold Available throughout the city Only available within Municipal Riverfront Development District Why do we want this? • Encourage quality new dining, cultural, and entertainment venues to locate within 1,500 feet of the river in Downtown South Bend by providing lower cost non-transferable 3-way licenses that are not subject to the quota. Municipal Riverfront Development(District FAQ Nichols-Smith Page 1 • To free up capital that would have been spent on a regular 3-way license to be used for improvements to the physical location and marketing. • To aid downtown revitalization by providing a competitive advantage over strip mail and big box corridor locations. • Implement best practices followed by other municipalities. How many other municipalities have established a Riverfront Development District in Indiana? Over 22 municipalities in the state of Indiana. Who are they? Anderson,Aurora, Chesterton, Columbus, Elkhart, Evansville, French Lick, fishers,Goshen, Indianapolis, Jeffersonville,Kokomo, Lafayette, Lawrenceburg, Michigan City, Mishawaka, Newburg, Portage, Richmond,Terre Haute, West Lafayette, Valparaiso, How many active 222-3 Riverfront licenses are active in the state of Indiana? 130 How do you plan to market the district once it is created? Downtown South Bend, Inc. (DTSB)will create a user-friendly map to present to potential downtown South Bend businesses.DTSB will distribute this map along with a clear overview of the application process via the real estate community,the Northern Indiana Small Business Development Center(and other such agencies),the DTSB website,and the other Economic development entities. Municipal Riverfront Development District FAQ Nichol]-Smith Page.2 what is the proposed downtown district? ewer � O IF Mev 2—HAV S S sfn5 AU Arsr ir6 flAftan: r� � r toy 4 e• a� CoH�A Aa z � J60 410 atom lame► «ate G`t ap Sou S � 4 3 lCSf FU" full �nu41�t Sen+pte a .. na ��R�rfnorst��cr pad �•, tJsse�.ketxneoerlMrary � x C Feet 0 415830 1,660 2,490 3,320 The yellow highlighted area is the proposed district. The dashed lines show the T11=area, and the light blue depicts 1,500 feet from the river. Municipal Riverfront Development District FAQ Nicholl-Smith Page 3 APPENDIX AQ State Code !C 7.1-3-20-16.1 Municipal Riverfront Development Project; Alcoholic Beverage Permit Requirements IC 7.1-3-20-16.1 Municipal riverfront development project;alcoholic beverage permit requirements Sec.16.1.(a)This section applies to a municipal riverfront development project authorized under section 16(d)of this chapter. (b)In order to qualify for a permit,an applicant must demonstrate that the municipal riverfront development project area where the permit is to be located meets the following criteria: (1)The project boundaries must border on at least one(1)side of a river. (2)The proposed permit premises may not be located more than: (A)one thousand five hundred(1,500)feet;or (B)three(3)city blocks; from the river,whichever is greater.However,if the area adjacent to the river is incapable of being developed because the area is in a floodplain,or for any other reason that prevents the area from being developed,the distances described in clauses (A)and(B)are measured from the city blocks located nearest to the river that are capable of being developed. (3)The permit premises are located within: (A)an economic development area,a redevelopment project area,an urban renewal area,or a redevelopment area established under IC 36-7-14,IC 36-7-14.5,or IC 36-7-15.1; (B)an economic development project district under IC 36-7-15.2 or IC 36-7-26;or (C)a community revitalization enhancement district designated under IC 36-7-13-12.1. (4)The project must be funded in part with state and city money. (5)The boundaries of the municipal riverfront development project must be designated by ordinance or resolution by the legislative body(as defined in IC 36-1-2-9(3)or IC 36-1-2-9(4))of the city in which the project is located. (c)Proof of compliance with subsection(b)must consist of the following documentation,which is required at the time the permit application is filed with the commission: (1)A detailed map showing: (A)definite boundaries of the entire municipal riverfront development project;and (B)the location of the proposed permit within the project. (2)A copy of the local ordinance or resolution of the local governing body authorizing the municipal riverfront development project. (3)Detailed information concerning the expenditures of state and city funds on the municipal riverfront development project. (d)Notwithstanding subsection(b),the commission may issue a permit for premises,the location of which does not meet the criteria of subsection(b)(2),if all the following requirements are met: (1)All other requirements of this section and section 16(d)of this chapter are satisfied. (2)The proposed premises is located not more than: (A)three thousand(3,000)feet;or (B)six(6)blocks; from the river,whichever is greater.However,if the area adjacent to the river is incapable of being developed because the area is in a floodplain,or for any other reason that prevents the area from being developed,the distances described in clauses (A)and(S)are measured from the city blocks located nearest to the river that are capable of being developed. (3)The permit applicant satisfies the criteria established by the commission by rule adopted under IC 4-22-2.The criteria established by the commission may require that the proposed premises be located in an area or district set forth in subsection (b)(3). (4)The permit premises may not be located less than two hundred(200)feet from facilities owned by a state educational institution. (e)A permit may not be issued if the proposed permit premises is the location of an existing three-way permit subject to iC 7.1-3-22-3. As added by P.L.72-2004,SEC.11.Amended by P.L.155-2005,SEC.2 and P.L.214-2005,SEC.49;P.L.185-2005,SEC.2;P.L.1-2006, SEC.149;P.L.2-2007,SEC.131. 9 Municipal Riverfront Development District FAQ Nicholl-Smith Page 4 Proposed Local Approval Process for Downtown South Bend 223-3 Riverfront license Who i S® wi 1 l be I. he Applicant owntown South Bend, Inc. is proposed as 11'YV®IVed? e process coordinator proposed 5-person Riverfront License pplication Review Committee consisting f: a. The Economic Development Director or designee b. City Council designee c. A member of the Redevelopment Commission d. A DTSB representative e/la. A mayoral designee 4. The yor Proposed Local Approval Process O 2 i 4 5 mam ® ® . _ s ' so e s Contract execution contingent on Mayoral Approval, 1. Applicant completes the Riverfront License Application and submits to DTSB along with a copy of their completed ATC Application for New or Transfer permit. 2. The Riverfront License Review Committee will review the application electronically and then schedule a public meeting with the applicant. 3. The Riverfront License Review Committee'will make a recommendation to either approve or deny. Approved applications will be forwarded to the Mayor's office-denied applications will not. 4. Approved applicant will enter into a written commitment/contract with the City to comply with any Local Rules and conditions that the City places on the operation(see eligibility requirements below). Full contract execution is ultimately contingent on Mayoral approval. 5. Mayor will review the recommendation of the Riverfront License Review Committee.If the mayor also approves,then the applicant will be provided with the approval letter from the Mayor needed for the ATC application. 'The ad-hoc committee members serve three-year terms. Draft 4/3/12 Proposed Yearly Renewal Evaluation Criteria All 221-3 Riverfront licenses are up for review by the local Alcohol board on an annual basis. The Riverfront License Review Committee will make a recommendation each year for renewal or withdrawal of your 221-3 license to the local ATC board based on the following: • Facility upkeep a #of complaints(if applicable)from area residents, business owners, and police officers ® #of public safety(if applicable)or nuisance concerns • Compliance with all local requirements ® If there has been a change in business plan Proposed Local Eligibility Requirements: In addition to complying with all building, health, zoning laws,ordinances and all rules and regulations of the ATC, local,state,and federal governments applicants must also meet the following local requirements annually in order to be eligible to apply or renew: 1. Applicant's establishment must be located within the City of South Bend Municipal Riverfront Development District boundaries. 2. Focus of operation must be on a dining, entertainment or cultural experience rather than an alcohol consumption experience. 3. Beverages must be served in glass containers. 4. Patrons consume food at either a counter or table. 5. Must be a non-smoking establishment(exception made for upscale cigar lounge). 6. Cannot be a private club, nightclub,or adult entertainment venue. 7. No temporary exterior signage will be permitted. Permanent,attached signage is required. 8. Establishments located within the district with an existing 3-way license may not sell their existing license in order to apply for a 221-3 Riverfront license.There will be a minimum 1-year wait between the time any business with an existing license sells their license and will be able to apply for a new license. 9. Applicant must agree to become a full-paying member of the Downtown Dining Association and/or community partners with Downtown South Bend, Inc.The dues for the Dinning Association or required commitment to Downtown South Bend Inc.shall not exceed$200 per month per establishment(as of Spring 2012 current Dining Alliance dues are$1,325 annually). Proposed Evaluation Criteria: The recommendation to the mayor will be based how strongly the committee determines: 1. Granting of the license will benefit the purposes of the district. 2. Granting of the license and the business activity will not be detrimental to the property values and business interest of others in the district. The above will be evaluated based on the strength of the following: 1. The Physical Location 2. The Operation Itself 3. The Economic Impact 4. Reputation/Experience of Ownership Draft 4/3/12 Application for City of South Bend Municipal Riverfront District Permit Business Entity Making this Application: Applicant Name: Applicant's Address: City: State: Zip: Applicant's Phone (daytime): Email: 1. In addition to the floor plan required in Step 7 of the Indiana form, please include: a. Any plans you have to improve the facility in which you will operate b. The expected timetable for work and business commencement 2. Explain the overall concept and unique features of the proposed establishment. 3. Describe the level of control and participation the owners will have in the day today operation of the business. 4. Describe how your operation will focus on a dining, entertainment or cultural experience rather than an alcohol consumption experience. 5. Explain any past restaurant experience you have had or other means by which the Riverfront License Review Committee will be able to obtain information on your preparedness for this venture. 6. Please outline any other factors that will aid the Riverfront License Review Committee in the consideration of your application. 7. Please provide information on the number of jobs this operation will add to or be retained within the City of South Bend, 8. Explain how you will jointly market your restaurant with other restaurants in the District, and how you will work with the community. 9. Describe how your restaurant will draw people to downtown South.Bend,specifically the riverfront area. Draft 4/3/12 Please submit this form and all attachments to: Riverfront license Review Committee C/O Downtown South Bend, Inc. 217 S. Michigan Street,South Bend, IN 46601. Please attach: 1. Your completed Indiana State form entitled "Application for New or Transfer Permit" along with any attachments. 2. A signed copy of the eligibility requirements 3. A signed copy of the criteria sheet. 4. A copy of your business plan (should include financial and ownership strengths) 5. A copy of your proposed permanent signage 6. A tentative menu Permits are not transferable, not portable within or without the district and any renewal are subject to compliance with the terms of these local rules and any agreement negotiated with the Riverfront License Review Committee. The permits shall not be pledged as collateral or subject to any lien, judgment,property settlement agreement,or third party claim. APPLICANT'S CERTIFICATION The Applicant certifies that all information in this application and all information furnished in support of this application are true and complete to the best of the Applicant's knowledge and belief. I have read and understand the procedures and agree to follow the Riverfront License Review Committee Process. I am submitting documentation as requested. Applicant's Signature: Date: Draft 4/3/12 F S ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADOPTING THE CITY'S POLICY CONCERNING NEPOTISM IN CITY EMPLOYMENT, AND CONTRACTS WITH RELATIVES OF ELECTED CITY OFFICIALS, IN CONFORMITY WITH INDIANA LAW STATEMENT OF PURPOSE AND INTENT On July 1, 2012, two new Chapters of the Indiana Code take effect, i.e., Ind. Code Section 36-1-20.2, "Nepotism", based on P.L. 135-2012, Section 7, and IC 36-1-21, "Contracting With a Unit", based on P.L. 135-2012, Section 8 (House Enrolled Act 1005). I'llese statutes require that the City of South Bend (City) establish a policy concerning nepotism in City employment, and a policy as to contracting with relatives of elected officials, both of which policies must incorporate at minimum the requirements set forth in the two new Indiana Code Chapters. Executive Order ##1-2012 was enacted by Mayor Peter Buttigieg on January 1, 2012, and it covers nepotism in City employment consistent with IC 36-1-20.2. It further includes and regulates City contracts with relatives of "an official, appointee, or employee" although it does not use the term "elected official" which IC 36-1-21 specifically covers. The definition of "relative" in Executive Order 1-2012 is identical to the definition in the new Indiana law except that Executive Order 1-2012 includes grandparents, step grandparents, grandchildren and step grandchildren. The new State laws expressly permit local governments to adopt more stringent or detailed policies than required by State law, and Executive Order #1-2012 contains an expanded scope of relatives covered under the nepotism policy as well as those persons included in the policy regulating contracts with relatives. A copy of Executive Order 41-2012 is attached hereto as Exhibit C. It is in the best interests of the City that this Council formally adopt policies as to nepotism in City employment and as to contracting with the City to be fully compliant on July 1, 2012 with the requirements of Indiana law as enacted in P.L. 135 -2012, Sections 7 and 8, as codified at IC 36-1-20.2 and IC 36-1-21. It is further in the best interests of the City that these policies be made more stringent by including those persons defined as relatives in Executive Order #1-2012, and by expanding the class of persons whose relatives are restricted from contracting with the City under Executive Order 1-2012, presently in effect. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1 . It is necessary and appropriate that the City of South Bend (City) adopt a uniform policy of conduct as to nepotism in employment with the City, and in contracting with the City in order to continue to provide government services in an ethical manner and to comply with the new laws effective July 1, 2012 codified at IC 36-1-20.2 and IC 36-1- 21. SECTION II. Both IC 36-1-20.2 and IC 36-1-21 specifically allow a governmental unit to adopt requirements that are "more stringent or detailed" than those set forth in those Chapters of the Indiana Code. SECTION III. Both IC 36-1-20.2 and IC 36-1-21 define a relative for purposes of nepotism and contracting with the City as "any of the following: (1) A daughter. (2) A parent or stepparent. (3) A child or stepchild. (4) A brother, sister, stepbrother, or stepsister. (5) A niece or nephew. (6) An aunt or uncle. (7) A daughter-in-law or son-in-law." In addition to the above persons, a "relative" for purposes of nepotism in employment and in contracting with the City shall include a grandparent, step grandparent, a grandchild, and step grandchild. Furthermore, for purposes of the City's policies as to nepotism in employment and contracting with the City by a relative, the other clarifications of "relative" as set forth in state law are adopted as follows: (a) An adopted child of an individual is treated as a natural child of the individual. (b) The terms "brother" and "sister" include a brother or sister by the half blood. SECTION IV. The City Nepotism Policy is hereby established effective July I, 2012 by adopting the minimum requirements provisions of IC 36-1-20.2, together with the additions set forth in Section III of this Ordinance, and including all future supplements and amendments to IC 36-1-20.2 which become law from time to time, and making them a part hereof as if fully set forth herein. A copy of IC 36-1-20.2, regulating Nepotism, and in effect on July 1 is attached hereto and incorporated herein as Exhibit A. SECTION V. IC 36-1-21, Contracting With a Unit, applies to an "elected official" defined therein as: (1) the executive or a member of the executive body of the unit; (2) a member of the legislative body of the unit; or (3) a member of the fiscal body of the unit. In addition to an "elected official" as defined above, those persons whose contracts or renewal of contracts with the City shall be subject to the restrictions of the Contracting With the City by a Relative Policy in the same manner as an "elected official" shall include a City employee and a City appointee whose "immediate family" includes all persons listed in Section III of this Ordinance. SECTION VT. The City's Policy as to Contracting with the City by a Relative is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-21, together with the additions set forth in Section V, VII, and V11I of this Ordinance, and including all future supplements and amendments to IC 36-1-21 which become law from time to time, and malting them a part hereof as if fully set out herein. A copy of IC 36-1-21, Contracting With a Unit, in effect on July 1, 2012 is attached hereto and incorporated herein as Exhibit B. SEC'T'ION VII. For purposes of this Policy as to Contracting with the City by a Relative, because a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority by the majority, such member will not be in the line of direct supervision. See, [IC 36-4- 6-11 j. SECTION V111. For purposes of this Policy as to Contracting with the City by a Relative, because a single member of a governing body with authority over employees in the City cannot act for that governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body, when a statute provides that a majority is needed to act, then a single member will not be in the direct line of supervision without such authority by the majority. SECTION IX. The policies created by this Ordinance are hereby directed to be implemented by any of the following actions. (a) posting a copy of this Ordinance in its entirety in at least one of the locations in the City where it posts employer posters or other notices to its employees; (b) providing a copy of this Ordinance to its employees and elected and appointed officials; (c) providing or posting a notice of the adoption of this Ordinance; or (d) any such other action or actions that would communicate the policies established by this Ordinance to its employees and elected and appointed officials. Upon any of taking these actions these policies are deemed implemented by the City. SECTION X. Two (2) copies of IC 36-1-20.0 and IC 36-1-21, and as supplemented or amended, are and shall remain on file in the office of the City Clerk for public inspection as may be required by IC 36-1-5-4. SECTION XI. All elected and appointed officials and employees of the City are directed to, and shall cooperate fully in the implementation of the policies approved and adopted by this Ordinance. SECTION XII• Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Nepotism Policy and with the Contracting With the City by a Relative Policy is a violation and may result in the discipline, including termination, of an employee or a curative action, including in the case of the Nepotism Policy, a transf=er from the direct line of supervision. An elected or appointed official of the City who fails to abide by or cooperate with the implementation, with the compliance, and with mandated certifications of either the Nepotism Policy or the Contracting With Unit by a Relative Policy may be subject to action allowed by law. SECTION XIII. Those portions of Executive Order #1-2012 which are outside the subject matter of IC 36-1-20.5 and IC 36-1-21 shall remain -in full force and effect without modification by this Ordinance. SECTION XIV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and no later than duly 1, 2012, Member, South Bend Comm Council Attest. p} py yr • a "F'� �r�• � e•t � ri UWLIiYjJ gv:Cn an w 2zuo�, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the---day of , 2 , at o'clock m. City Clerk Approved and signed by me on the day of , at o'clock, .m. Mayor, City of South Fend, Indiana ed fn HCARING 2 r l,Cr`-DN'G .[ LYI$ tt��F� a..,...,..t f.. . . .,: PASSED 1400 CaUNTY Crrr BOrLnn,ic PHONE 5741235-9241 227 W.JEFFERsoN Bau[EvAxa w-� WACE �� FAX 5741235-7670 SOuTH BEND,INDIANA 46601-1830 � �� E e 1865 CITY OF SOUTH BEND PETE BuTTIGIEG, MAYOR DEPARTMENT OF ILAw AxADFAN M. DF-RosE CITYATTORNEY,AD INTER14 June 6, 2012 Mr. Derek Dieter President, South Bend Common Council 4`h Floor, County-City Building South Bend, IN 46601 Re: Ethics Ordinance As to Nepotism in Employment and Contracting Per HEA 1 005 . Dear President Dieter: In its 2012 session, the Indiana General Assembly passed HEA 1005 which addresses conflicts of interest and nepotism. All cities and towns in the State of Indiana are required to adopt and implement anti nepotism policies in employment and in contracting by July 1, 2012, Failure to do so can result in severe penalties including non-approval of the City's budget and non-approval of appropriations requested after July 1, 2012. On January 1, 2012 Mayor Pete Buttigieg enacted Executive Order 1-2012 which addresses the two ethical issues covered by HEA 1005, The Executive Order includes grandparent/child level relatives under its restrictions which HEA 1005 does not. The Executive Order also includes City appointees and employees within the scope of its contracting restrictions which HEA 1005 does not. Because the statutes created by HEA 1005 permit the City to enact policies more stringent than those set forth in those.statutes and because Executive Order 1-2012 reflects a policy of open, honest government, the Ordinance being filed with this letter in compliance with HEA 1005 contains the expanded scope of covered persons as described above. The ordinance was drafted using guidelines and recommendations suggested by the Indiana Association of Cities and Towns (TACT). I will present this ordinance to the Common Council at its Committee meeting and for public hearing. Please keep in mind that the State has given us no later than July T to adopt the policies set forth in this ordinance. Thank you for your consideration. tied, hi, Sincerely, n Aladean M. DeRose t''F ° k..t'tf ' City Attorney, A.I. AMD/cw CHERYL A. GREENE ANN-CAROL NASH ANDREA L. BEAC14KOFSKY LAWRENCE J.METEtvFE j FFREy L. SANFORD Chapter-2(3.2. ;nepotism Sec. 1. This chapter applies to all units. .sec. 2. An individual who is employed by a unit on July I,2012, is not subject to this chapter unless the inch}iclual has a break in employment %ith the unit. 1"he following are riot considered a break in cnzployment with the unit: (I) The individual is absent from the workplace while ort pair] at• unpaid 1ea1,e, incluclirra atiun, sick, or family medieaI lease, orvvorker's compensation. (2) The individual's etnployinent with the unit is terminated foIlo�vved by immeohite reeniployrriexit by the unit,ivithout loss of payroll time. See. 3. For purposes of this Onipter, the performance of the cluties of: (I) a precinct election officer (as defined in IC 3-5-2-40.1) that are irtlpersed by IC"3: or (2) a wolcrn tee r•firefighter: is not considered entployment by a unit, Sec. 4. As tlsed in this chapter, "direct line of supervision" mourns yin elected officer or employee who is in a position to affect the terms and currclitions of'allother individuil'.s empinyrrlent, including waking decisions about'Work assignments, compensation,grievances, iidvaliceweilt, or' performance evaluation. The term does not include the resporisibilities of the executive, lei*islative body, or fiscal body of a unit, as provided by lar4, to make decisions rcgardirz,;salary ordinances, bud,ets, or per shinnies policies of'tile unit. Sec. S. As used in this chapter, "employed" means an individual who is einlaloyed. by a unit nri a full-tithe, part-time, temporary, intermittent, or hourly basis. The term does trot include all individual who holds orl; in elected office. The term incicrdes an irldiVidrral Who is a part} to an employment contract with the unit. Sec. 6. As used in this chapter, "member of the fire deportment" means the fire chief or, a firefighter appointed to the department. Sec. i, As used in this chapter, "member of the police department" Irieans the police chief or•a police officer appointed to the department. Sec. 3. (a) As used in this chapter, "relative" rnealls auy of'ti?e followilig: Mad In Cli�rk s l EXHIBIT �v (1) A spouse. (2)A parent ot•stepparent. (3) A child or stepchild. (;) A brother, sister, stepbrother, or stepsister, (5) A niece or ncp.',cjv. (6) An aunt or uncle, (7) A daughter-in-lave or son-in-law. (b) For purposes of this section, an adopted child of an indi•vidtral is treated as a natural child of the individual. (c)For purposes of this section, the terms "brother" and "sister".include a brother or sister- laz, tine half blood. See, 9, (a) This chapter establishes .minimum requirements renai•clitig eml3loyIDent of relatives, The legislative body of the unit shall adopt a policy that includes, at a rninizrruzn, the regrtirenrents set forth in this ch:aptcr, Kos ever, the policy njay: (1) include requirements that are rttore stringent or(letailed tltau anv provisiou iu this c)? rl3ter; anti (2) apply to iirdivlduals who are exempted or excluded from the ,Ipp'licatiotr rtf'tlris chapter. The unit may prohibit the employment of n relative that is not otherwise prohibited by this chapter. (b) The annum report filed by a unit with the state board of accounts under IC 5-11-13_1 nrusf include a stntenricat bi the executive of the unit stating whether the unit has irnplenrertted a policy under this chapter. Sec, 10. Individuals vvho are refati)Ies may trot be efriplo:ved by a unit in a position (flat results in one (1) relative being in the direct line of supervision of the railer relative, SM 11. (a) This section applies to an individual who; (1) is employed by a unit oil the (late tine lndividuiVs relative begins serving a term of air elected office of tine unit; and (2) is not exempt from the application of"tills ch�rpter under section ? of this chapter, ,D (b) Unless n policy adopted uncles'section 9 of this chapter provides other-%ise, stn iracli,icltral remaill employed by a shit and maintain flit, individual's Position or r:tlal; every it tlrc indiviclu.;l'c erraplOYMellt ITould Violate section IU of this chapter. (c) UnIess ra policy icl opted u rl d e r se ctio n 9 oftit is chapter provides otherwise, an indisidurll described in subseetion (b) nmy trot., (1) be promoted to a position; or (2) be promoted to a2 position that is not within the merit ranks, in the case of all individual tit ho is a rrrember of ar merit police department or merit .fare departuleot; if the new position would violate .section 10 of this chapter. Sec. 12. This chapter hoes not abrogate or affect an employment contract vvitll .a unit thxt: (1) an indiv duaI is a part}•to; and (2) is in effect ou the date flic individual's relative begins serving a term of an elected office of tite unit. See. 13. Unless the police adopted under section 9 of this chapter provides otherwise, a sheriff's spouse May be employed as prison matron for the cc)unty under IC 36-8-10-5 .an(It hc sianuse Imly be in the sheriff's direct line ofs ape rvisioil, Sec, 14. Unless the policy adopted-mlder'section 9 of this chapter provides otliertvise, an irrclividua3l: (1)who served as coroner; (2) who is currently ineligible to serve as coroner under-A,rticle G, Section 2(b) of the Cons-titrrrion of tine State of Indiana; (3) Mio, as coroner, received cer-tification under IC 36-2-14-22.3; and (4) whose successor in the office of coroner is as relative ofthe indi-Vidu:ll; may be hired in the position of deputy coroner and be in the coroner's direct line of'supervisi()ra, See. 15. If the tortinship trustee'5 Office is located in the township trustee's personal resiclencc, unless the policy adopted under section 9 of this chapter provides other~+ise the to"nship trustee may faire only One (1) einplotiee who is a relaftive. The employee: (1) may be hired to work only in the township trustee's office; (2) may be in the township tr'ustee's direct line rrf'sLlpervi•4iml; and 12 (3) 'may not rceeive total s.3larr),, bellefits, and Conlperlsat;on that C,NCCcd fl,c thUrtsanrl dr tJ, rs (55,000) per year. Sec, Tu. Each elected officer of the unit sh�111 anntra!!y certif'-Y in Writing, subject to the penwit.;c.s Cor- perjury, that the officer has not viohited this chapter. An offjeer shall sabmit the certifictttiurt to the executive of the unit not l.lter than December 3.1 of•each year. Sec. 17. If the state board of accounts finds that a unit IN's trot 1111plemented a policy itttder this Chapter, the state board ofaccounts shall forivird the inforn7ation to tllc ct+ p,srtrnent o#'local government #inrutCC. Sec-. t$. If milt has not implemented a policy under this chanter, the departrnent of local government finance rml).. not approve: (1) the Ullit's budget; or (2) any atc3ditforlal appr4liriatioils for the unit; for the ensuing calendar year until the state board of accounts certifies to the department of luc it o-overnment finance that the unit is it, vompli.lnce with this cllkrl�ter. Chipter 21. Contracting-With a '(knit Sec. 1. This chapter applies only to a unit. Sec. 2. As used in this chapter, "elrrctecl official" means: (1) the executive or a member of the executive body of the rirtit; (2) a member ofthe legislative body of the unit; or (3) a member ofthe fiscal Doty of the unit. Sec. I (a)As used in this chapter, "relative" means an} of the following; (1)A spouse. (2) A parent or stepparent. (3) A child or gepchild- (4) A brother, sister, stepbrother, or stepsister. (S) A niece or tiepbew. (Ci) An aunt or uncle. Filed in r 32 EXHIBIT 7y CLE.N7 "B" (7) A dauIghter-;n-ta.v or son-in-rase. (b) For purposes Oft I)is section, an adopted child of an individual is treated as a natural child of rha indiviria:rl. (c) For purposes Of this, section, the terms "brother" and "sister" inclucle ;r brother or sister 1— the half blood. Sec. d. (a) This chapter establishes rninimum requirelnetrts r-egrrrclirrr ccsrrtr;actir7-L�F vsltlr ,t unit. The lebislative bode oftire unit shall adopt a policy that inc•ludeS, "it tt rarir,irnLIM, the requirement., set forth is this chapter. However, the policy naay: (I) include requirements that are more stringent or cletailed tharn any provision in this chalrter; an d (Z)apply to indivicluals ya•ho are exempted or excludecl from the application ot•this chapter. q'he unit may prohibit or restrict an indivulI,,,l from entering into a contract vs ith the unit that is not oth.envise prohibited or restricted by this chapter. (b) The annual report filed by a unit with the state board Ofaceounts tender I'C' 5-11-13-1 must include a statcrncnt b•l.- the e.cectrtive of the unit stating whether the unit has irnplcrrreutccl a potics under this chapter. Sec. 5. (a) A unit may enter into a contract or renew p contract for. the procure•trtetr.t ofgoorls and Seri ices or-o'contract for public vval- s svith: (1)-in individual who is a relative of all electerl official; o:• (2) a business entity timt is wholly or partially Owned try it relative of salt elected ot'tici;rl: only if the req 01-cments of this section arc satisfied and the elected official cross not violatt� IC 35- 44-1-3. (b) A unit may enter into a contract or renew a contract "ith a'n indiV iduat or business cotitf described in subsection (a) if: (1) the elected official files with the Unit a full disclosure, tivlrielr must: (A) be in writing. A describe tine contract or purchase to be made by the unit; (C) describe the relationship that the elected official has to tile individual or business entity drat contracts or purchases; 13 (D) be affirmed under penalty of perjvx7y; (.E) be submitted to dire legislative body of the unit and be accepted by the Iegislative l)OCIV if] a public ineeting of the unit prior to final action on the contract or purchase: sirtd (F) be filed, not titer than fifteen (15) days after final action on the contract or pu rchrise, with: (i) the state board of accounts; and (if) the cleric of the circuit court in the county %licre the unit tales final I ction on the con Irrct or pu rchitse; (2) the appropriate agerrcy of the unit: (A) makes a certified statement that the contract aniount or purchase price vv is the lowest ammint or price bid or offered; or (B) inakes a certified statenieiit of(lie MISons Why the vendor or contractor was selected; and (3) the trait satisfies any othcr requirements under IC 5-22 or IC 36-1-12, (c)An elected official shal.l also comply with the disclosure provisions of IC applicable. (d)This section does not affect the initial term of a contract in existence it the titrie the term of office of the"Clected official of the ir)iit begins, See. 6. Each elected officer of the unit shall annually certify in writing, subject to the penalties f1rr perjury, that tile! officer- is in Compliance with this chapter. Air Office)-S11',1 l submit the certification to the executive of the unit not later than December 31 of each year. See. 7. If the suite I)oard or accounts finds that a unit has not iarlifernented x pofic.v uridcr this chapter, the state bo,,ird of accounts shall forward the inforrvation to the clepar•taieirt of India government flnance. Sec. S. 11'a unit has not iull7lementecf ft pulirY under.this chapter, the del7artnle11t of'lac it gover•nrnerit fimtnce hiay not approve: (1) the unit's budget; or (2) 2iny ildclitional�;rppropriations for the unit; for the ensuing calendar year until the state board of accowils certifies to the dei)artrrtent of loc<jl government ffrrance that the unit bas adopted a policy under this chapter. 14 $OUTit' le ..... it 1866 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR Filed in January 1,2012 IUN 2 City of South Bend Ethics Code CITY CLr-.'W11'. This executive order hereby establishes an Ethics Code for the City of South Bend, Indiana, which will ensure that the residents of the city have officers, appointees, and employees adhering to an ethical standard that is consistent, transparent, understood, and most importantly, followed, in the mayor's office and in the departments and agencies throughout the city.New .city employees are expected to read and acknowledge this code during the hiring process. 1. An appointee or employee shall not knowingly solicit, accept, or receive a gift, favor, service, entertainment, food, drink, travel expense, or registration fee from a person who has a business relationship or seeks a business relationship with the appointee's or employee's agency or department or is seeking to influence an action by the appointee.er employee in has or her official capacity. 2. Notwithstanding section (1), an appointee or employee may accept: a. Any gift, favor,service, entertainment, food, drink, travel expense or registration fee that has a value of less than twenty-five dollars ($25-00),provided that the appointee oT employee does not knowingly solicit, accept or receive gifts,favors, services, entertainment, food, drink, travel expenses or registration fees from the same person or his or her employer that have a cumulative value of more than one hundred dollars ($100.00) in any calendar year. 1400 COUNTY-CITY BUILDING-227 W.JEFFERSON BOULEVARD•SOUTH BEND,INDIANA 46601 PHONE 574/235-9261• FAX 574/235-9892 EXHIBIT b 11cyl b. Gifts,favors, services, entertainment,food, drink, travel expenses or registration fees from public agencies or public institutions; however, such gifts, favors, services,entertainment,food, drink,travel expense,or registration fees shall be utilized for the benefit of the city, and not solely for the benefit of one's self or relatives; C. Mementos or souvenirs with a cumulative value of$25.00 or less; d. Food or drink consumed at a public meeting to which at least ten(10) individuals are invited; a meeting will be considered public if i. .The event is a reception to which at least ten(10)individuals are invited or other gathering that is not arranged to solicit government procurement of goods or services from anyone who holds a public office at the federal, state, or local level; ii;. The appointee or employee is giving a speech or participating in a presentation ih his or-her official capacity; or iii. The meeting has a'farinal'educational program that the appointee'or employee is attending to assist him or'her in performing official duties; e. Food, drink, entertainment, travel expenses, or registration fees accepted in '.... fiirtherance of activities to benefit the city or region related to an economic `&Velopment effort, including job retention, expansion or attraction,reduction of 'blight, and securing convention and visitor business, approved iri advance by the mayor or his or her director of economic development; f. Gifts, favors, services, entertainment,food, or drinks from relatives,or a person` with whom the individual has an ongoing social relationship that existed before the appointee or employee was appointed or employed by the agency, so long as: i. The gifts or other items of value are paid for personally by the giver, rather than a business entity,and not deducted as a business expense; and ii. The giver is not seeking to influence action or inaction by the individual in that person's official capacity; g. Property accepted as a gift to the city or county and logged by the corporation counsel; and h. Any item of value for which face value or reasonable fair market value is promptly paid and for which a record of the transaction is filed with the corporation counsel. i. The corporation counsel may waive application of subsection (a)of this rule in individual cases when consistent with the public interest. The waiver shall be in writing,shall be made available to the public, and include: i. The name of the appointee or employee; ii. The nature and estimated value of that which is being provided; iii. The name of any person who paid a portion of that which is being provided; and iv..-An explanation of why acceptance is consistent Mth the public interest. 3. The chief administrative officer of an agency or department,appointees, and employees with final purchasing authority shall not solicit political contributions from persons with a business relationship with his'or her'agency on behalf of any candidate for elected office. 4. Any civilian full-time city employee who is considering entering an agreement to work or consult, in addition to his or her cityempl0' " ent, for financial compensation will seek approval from corporation counsel prior to entering into a financial agreement. if .corporation counsel determines that the additional work would not be a conflict of interest,be or she will issue a letter to this effect and maintain a record of the name of the person or business compensating the eiiapl6yee, and the annual amount paid. 5. An appointee or employee may not solicit or receive compensation: a. For the sale or lease of any property or service to a person with a'business relationship with the appointee or employee or an official's, appointee's,or employee's agency or department that substantially exceeds the amount that the official, appointee,or employee would charge in the ordinary course of business; or b. For the performance of official duties other than as provided by law. 6. An appointee, employee, former appointee,or former employee shall not disclose or materially benefit from confidential information, as defined in Section 7 below, and shall use such confidential information only in the course of his or her performance of official responsibilities. 7. For purposes of this Code of Ethics, "confidential information"includes any and all data and information,whether in written, electronic or spoken form,to which an appointee, employee or official has access by reason of his or her employment and which is not generally known to or readily ascertainable by others or otherwise subject to public access or disclosure by law. Any and all records, copies of records,and other property (including, but not limited to a-mails and electronic records)containing such confidential information are and shall remain the property of the City of South Bend and must be returned promptly to the applicable agency or department of the City upon any termination of appointment,employment'or engagement of the appointee, employee or official. S. For the purposes of this Code of Ethics, "relative"means aay person related as grandfather, grandmother, father,mother, stepfather, stepmother,:brothe.r, sister, stepbrother, stepsister, uncle,aunt,husband, wife, son, daughter, stepchild,father-in-law, mother-in-law, son-in-law, daughter--in-law, grandchild, stepgrandchild, niece, or nephew. - 9. An official;appointee, or employee;'or a member'of an official's, appointee's,or employee's immediate family, may not knowingly have a financial interest in a contract .xnade by that official's, appointee's,`or employee's agency. This prohibition does not apply to: a. An official, appointee, or employee:who does not participate in or have official responsibility for any of the activities of the contracting agency, if- i. The contract is made after public notice or, where applicable,through competitive bidding; ii, . The official, appointee,or employee files with the office of corporation counsel a statement making full disclosure of all related financial interests in the contract; iii. The contract can be performed without compromising the performance of the official duties and responsibilities of the official,appointee, or employee; and iv. In the case of contract for professional services,the chief administrative officer of the contracting agency makes and files a written certification r with the office of corporation counsel that no other official, appointee, or employee of that agency is available to perform those services as part of his or her regular duties; or b. An official, appointee, or employee who, acting in good faith, learns of an actual or prospective violation of the prohibition in subsection(a),provided that, not later than thirty(30)days after Iearning of the actual or prospective violation, the official, appointee, or employee makes a full written disclosure of any financial interests to the contracting agency and the office of corporation counsel, and terminates the financial interest 10. A relative of an official or employee shall not be employed'in the same agency as the official or employee, if the relative would be hired by, supervised by,or directly supervise the official or employee;however, this section shall not'apply to sworn members of the police or fire departments. This section will not be construed'to nullify employment decisions made before Jaatiary 1, 2012. 11. This code of ethics will apply to the'rnayor-as well as to appointees and employees. Approved and signed by me on the day of January, 2012, at 6" o'clock°D.m. .. 3"I ad li i:. jU.N1. Mayor, City of Sout end, Indiana CITY Attest' CierR;-C-ity of South Bend, Indiana JOHN W BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AEAMEPAPLAN COMMISSION OF ST. JOSEPH COUNTY, IN I 227 W JEFFERSON BLVD_ ROOM 1 140 COUNTY--CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571 April 18,2012 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Douglas Road Land Partners South, LP to zone from R Single Family District(County)to CB Community Business District(City), property located at 17210 Douglas Road, City of South Bend-APC##2626-12 Dear Council Members: 1 hereby Certify that the above referenced ordinance of Douglas Road Land Partners South, LP was legally advertised on Thursday, April 5,2012 and that the Area Plan Commission at its public hearing on Tuesday, April 17, 2012 took the following action: Upon a motion by Karl King, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Douglas Road Land Partners South, LP to zone from R Single Family District(County)to CB Community Business District(City), property located at 17210 Douglas Road, City of South Bend is sent to the Common Council with a favorable recommendation. This site is an appropriate expansion of the commercial activity along Douglas Road,and will provide appropriate buffering to the remaining residential homes. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, hn W. Byorni JWB.jsc Attachment CC: Douglas Road Land Partners South, LP Abonmarche Consultants, Inc. SERVING:ST:JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stjosephcountyindianb.corn/Areaplan Staff APC# 2626-12 Owner: Douglas Road Land Partners South, LP Location: 17210 Douglas Road Jurisdiction: City of South Bend Requested Action: The petitioner;is requesting a zone change from R Single Family District (County) to CB Community Business District(City)to allow-;uses allowed in CB Community,Business District. Land Uses and Zoning: On site: The site is vacant. North: To the north is Memorial Home Care zoned CB Community.Business District (South Bend). East: To the east is a vacant outlot, part of the Brown Mackie College campus and a dentist office zoned CB Community Business,District;(South Bend). South: To the south is a retention-area for Brown Mackie.College°zoned CB Community Business District(South Bend). West: To the west are single family homes,zoned R Single Family:District(County). District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The total area is 0.75 acres. There is a 3,830 square foot building proposed,covering 12%of the site. The proposed 33 parking spaces, along with drives cover 44% of the site. The remaining 44% is open spaces. Access will be through the Brown Mackie site via an ingress/egress easement provided on the Douglas Road Partners Minor Subdivision. Zoning and land use history& trends: The Brown Mackie site to the east was annexed in 2001 and most recently rezoned in 2008. A subsequent subdivision in 2009 created two outlots along Douglas Road. Other recent activity in the area include Memorial Home Care, to the north, annexed in 2002 and rezoned in 2002 and 2005 and Horizon Bank,at the corner of Douglas and State Road 23,rezoned in 2009. Traffic and transportation considerations: Douglas Road is a four lane road with dedicated left turn lanes at the signaled intersections with State Road 23 and the entrance to Brown Mackie/Memorial Home Care. Utilities: The site will be serviced by municipal sewer and water. Additional information: (Agency comments) The City's Annexation Planner notes the annexation is 75.8% contiguous to the existing city limits, and City services, including water and sewer, can be made available. Therefore the project meets the requirements for annexation. Commitments: No commitments are proposed. Douglas Road Land Partners South, LP #2626-12 Page l of 2 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plain: Policy Plan: CitX Plan,South Bend Cmmpiehensive Plan(November 2006) Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective ED 2:�Retain existing businesses and recruit new ones to the city. The rezoning is consistent with these policies. Land Use Plan: The Future Land Use Map identifies the area around the intersection of Douglas Road and State Road 23 as a Regional Commercial Node. The rezoning is consistent with the Future Land Use Map. Plan LnplOmentationlOther Plates: There are no other plans in effect for this area. 2. Current conditiobg and character: This surrounding area is a mixture of residential and commercial uses, in the City of South Bend, City of Mishawaka,and unincorporated St.Joseph County. 3. Most desirable--,,else: The most desirable use for this site would be commercial or office uses similar to the existing surrounding businesses. 4. Conservation of property values: Since the site is properly buffered, the residential property values to the west should not be affected 5. Responsible development and growth: It is responsible development and growth to allow the compatible expansion of an existing commercial area. Recommendation: Based!on information available prior to the public hearing,the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This site is an appropriate expansion of the commercial activity along Douglas Road, and will provide appropriate buffering to the remaining residential homes. r Douglas Road Land Partners South,LP #2626-12 Page 2 of 2 W K4 j R /4�/ f y :s B s y +i } i LB'. Was R R OR R SH R Rezoning from: "'R" SINGLE FAMILY DISTRICT (COUNTY) to "CO" COMMUNITY BUSINESS DISTRICT (CITY OF SOUTH BEND) Zoning Classification COUNTY"R' SINGLE FAMILY DISTRICT N COUNTY"OB" OFFICE/BUFFER DISTRICT COUNTY"B" BUSINESS DISTRICT W ' E COUNTY"C' COMMERICAL DISTRICT S SOUTH BEND"SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT 1 inch 200 feet SOUTH BEND"LB" LOCAL BUSINESS DISTRICT G SOUTH BEND"CB" COMMUNITY BUSINESS DISTRICT 2626®1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4 Douglas Road Land Partners South, LP 17210 Douglas Road South Bend, IN 46635 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and for the zoning of±0.8 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89016'18" EAST ALONG THE NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00 012'28" WEST, 45.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°16'18" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00°29'43" EAST ALONG SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89016'18" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00°12'28" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the some herby is amended in order that the zoning classification of the following described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the some is hereby established as Community Business District; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days 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, City of South Bend, iffled ire n k°s...onw-c i t i 1 r 3rd R EA NG ` I 3 NOT APPROVED t ' REFERRED ;r «. PASSED � �.� . y PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirms) as follows: 1) 1 am (We are) the owner(s) (hereinafter"petitioner"or"petitioners") of a parcel of land more particularly described in Exhibit"A". 2) Petitioner(s) desire(s that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by one-hundred percent (100%) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17210 Douglas Road South Bend IN 46635 5) . The Property Tax Key Number: 002-2023-054801 6) The name and address of the property owner(s) of the petition site is/are: Douglas Road Land Partners South, LP 7) The name and address of the contingent purchaser(s), if applicable: Not Applicable 8) The parcel is ±0.8 acres in size and currently has the following use(s) on it: Vacant Land 9) The number of people currently residing on the property: None 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: "R" Single-Family Residential District To City of South Bend zoning classification: "CB" Community Business District for the following use(s): Uses allowed in "CB" Community Business District 1 1) The anticipated "build-out" year for the project: 2012 12) The proposed number of lots: Not Applicable 13) The proposed miles of new roadways: None 14) The following information has been submitted with the Petition: 1. A legal description of the property; titled as Exhibit A; 2. A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. Seventeen (17) site plans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The signature(s) of all property owner(s), or Attorney for all property owners($) Printed: Jarnes W. Laskowski Secrplary D u las Road Land hers South, L.P. Signed: Addr 227 South Main Street, Suite 300 South Bend IN 46601 Phone Number: 15741 234-2073 16) Name, Address, and Phone Number of Contact Person/Preparer (please print): Bradley E. Mosness, PE Paul A. Phair, VP Development of Abonmarche Consultants, Inc. Holladay Properties 750 Lincoln Way East 227 South. Main Street, Suite 300 South Bend, IN 46601 South Bend, IN 46601 (574) 232-8700 (574) 217-4498 Filed in Clerks. & 1 F I Tr _ 7 tr�t§-; VOLUNTARY ANNEXATION - Tentative Annexation Schedule (100%voluntary annexation) PETITION 17210 Douglas Annexation Area File Date 317112 1 st Reading 3112/12 Request Sent 3/12112 Request Due 3/30112 Fiscal Plan Done 4113112 BOPW Agenda Session 4/19112 BOPW Hearing 4124112 BOPS 4/18112 APC Public Hearing 4117112 APC Report to Council 4123112 Council Advertisement 4127112 Resolution to Clerk 5123112 2nd Reading 5/28/12 — 5129112 3rd Reading 6/11112 - 6125112 Advertised 6/22/12 7/6/12 — Appeal Period Start 6122/12 716112 Appeal Period End 7/22112 815/12 Days: 137.00 151.00 Months: 4.57 5.03 Ste. t L2 - 5� RESOLUTION Substitute Bill No. 12-53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, REQUESTING THAT WESTERN AVENUE BE DESIGNATED AS A TOP PRIORITY FOR REVITALIZATION AND THAT A NEW ACTION PLAN BE DEVELOPED Q09;%w in June of 1999, the "Western Avenue Commercial Corridor Revitalization Action Plan"was unveiled which set forth the following goals: 9 "To establish Western Avenue as an attractive commercial corridor that satisfies the convenience and services needs of nearby residents and commuters"; and ® "To satisfy the stated national goal of `smart growth' by providing redevelopment sites that avoid the detrimental affects of sprawl"[Action Plan,p. 2]; GAR" the success of the Western Avenue Commercial Corridor Revitalization Action Plan" was to be based on the "ease of implementation" which addressed "a base of facts & valid assumptions; participation from all constituencies; measureable, achievable goals; feasible, specific, and complete Action Steps; and provision for regular review and adjustment of the Action Plan"; and v/%" the 50-page Western Avenue Commercial Corridor Revitalization Action Plan" is accessible from the City's Community Development website and appears not to have been updated recently, with the last date addressed in the Action Plan being 2002; and 6/i Western Avenue is a key corridor for many neighborhoods, as well as a key connecting route to South Bend. It has a variety of small businesses, many of which are family- owned which are operating to bring economic choices to this part of the City. Western Avenue is also a common boundary for two (2) Councilmanic District, namely District 2 and District 6. 9�Q-Mie io Mk&,,,Z �p afe -0/0"MU4 Jr� ae,46m4. Section I. The Common Council of the City of South Bend, Indiana, believes that despite the efforts made underthe 1999 Western Avenue Commercial Corridor Revitalization Action Plan, that the City of South Bend needs to re-dedicate its efforts to improving this vital and high-traveled western entrance to Downtown South Bend, Indiana. Resolution on Designating Western Avenue as a Priority for Revitalization Substitute Bill No. 12-53 Page 2 Section II. The Common Council further believes that there are far too many blighted areas along Western Avenue and the properties contingent thereto which provide a negative impact not only the residents and businesses along this main thoroughfare,but also to the visitors to our city. Section III. The Common Council believes that improving Western Avenue and its contingent properties with sustainable growth opportunities should be a top priority moving forward. The Council believes that dialogue with the South Bend Redevelopment Commission,the staff of the Community& Economic Development Department, the Common Council, residents, and all concerned neighborhood groups and business groups along Western Avenue would provide opportunities for the development of goals, objectives, and realistic time tables, as well as the identification of potential funding sources which would enable public-private partnerships for the revitalization of this busy commercial corridor. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Henry Davis, Jr., 2n District Council Member Oliver Davis, &t District Council Member Pete Buttigieg, Mayor South Bend, Indiana John Voorde, City Clerk Lffln 'rk � � Z��Z PRESENTED voc%kne GG 3"H wo,[N Noz APPROVED 7�QOPtEO SOUTN 8 d City ®f South Bend Common councill 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46641-1834 Fax (574) 235-9173 Derek D. Dieter http://www.southbendia.gov President June 20, 2012 Oliver J. Davis Vice-President The South Bend Common Council 4t'Floor County-City Building Karen L. White South Bend, Indiana 46601 Chairperson, Committee of the Whole Substitute Bill No. 12-53 Western Avenue Titre Scott First District Dear Council Members: Henry Davis, Jr. Next Monday you will each have the opportunity to take a positive step in voicing your Second District support to help designate Western Avenue as a top priority so that a New Action Plan can be developed. Valerie Scbey Third District This substitute bill makes changes to the last G," clause, with all other portions of Fred Ferlic the Resolution being identical to the one initially filed with the Office of the City Clerk Fourth District for your consideration. David Varner We look forward to discussing this with you at Monday's Community and Economic Fifth District Development Committee meeting. Oliver J. Davis Sixth District We urge each of you to support the process to help revitalize Western Avenue as a key corridor in the City of South Bend. Thank you. Derek D. Dieter At Large Sincerely, Gavin Ferlic At Large Henry Davis, Jr., 2' District Council Member Karen L. White At Large Oliver Davis, 6a'District Council Member Attachment E ,-g e �� 2'020 2 e. 'S F r; ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-I1 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS STATEMENT OF PURPOSE AND INTENT On September 27, 2011 this Council adopted Ordinance No. 10119-11 which set out the salaries and wages of appointed officers and non-bargaining employees'of the City of South Bend for calendar year 2012 (the "2012 Salary Ordinance"). One of the managerial level employees included in Ordinance No. 10119-11 is the "Center Supervisor" of the Martin Luther King, Jr. Center (MLK Center), the salary for which position in Ordinance No. 10119-11 is $40,352.00 annually. The education, guidance, and development of South Bend's youth is a high priority of this City, and the Supervisor of the MLK Center is uniquely positioned to know about all youth programs in the community, to interact with other community leaders serving the City's youth, and to expand the programs and activities of the MLK Center, especially for those youth with fewer family resources who may be at risk of violence, school drop-out, and other adverse conditions affecting young persons. As part of the city's overall goal of eradicating youth violence, and assuring that South Bend's youth are prepared for their future as responsible citizens, it is in the best interest of South Bend to restructure the "Center Supervisor" position of the MLK Center and create a new position and title with additional duties and responsibilities, The new position will be titled "Director of Youth Engagement— Center Supervisor;" the single position of"Center Supervisor" for the MLK Center will be eliminated and the compensation of the Director of Youth Engagement -- Center Supervisor will have annual compensation of$50,250.00 (which exceeds the Center Supervisor salary by $9,898.00 annually). This Ordinance, which is in the best interest of South Bend, amends Ordinance No. 10119-11 to make these changes. Monies in General Fund (#101) from Parks Dept 'Loo Division Account will be transferred to the Parks & Recreation Division Account to cover the cost of the salary increase in 2012. The overall appointed officers and non-bargaining employee salary appropriation is unaffected. NOW, THEREFORE BE IT ORDAINED BY- Tim COMMON COUNC:II, OF CITY OF SOUITI BEND, INDIANA as follows: SECTION 1. Ordinance No. 101I9-11 is amended to delete one position of "Center Supervisor" with its approved salary, and to replace it with the positions of "Director of Youth Engagement—Center Supervisor" at an annual salary of$ 50,250.00 SECTION II. To effectuate the amendment set forth in Section I for the remainder of calendar year 2012, the following account shall be adjusted by increase or reduction in the designated sung: General Fund No. 101 $4,949.00 Zoo Division Acent 201-1104 f$4,949,00) Parks & Recreation Division 201-1103 $4,949.00 SECTION III. All other terms and conditions of Ordinance No. 10119-11 shall be unaffected and remain in full force and effect. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Auncl l Attest. �gp'�gIEF ys ' E t dk dui VI tf 0-F City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock, m. Mayor, City of South Bend, Indiana ed I s, READING )UHIC HEARING �� -d RE!-DING i f .-r ,aPPRO E0 -ERRED CITY CLEs FF� ,ASSEl3 SOU T$ V^ 1865 CITY OF SOUTH ,BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR June 20, 2012 President Derek Dieter South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 Dear President Dieter, The City of South Bend has seen a number of violent incidents involving youth this year. These incidents have resulted in town forums, heightened news coverage, and heartbreak for victims and their families. The education, guidance, and development of South Bend's youth is a high priority of this City, and the administration is seeking an amendment to the 2012 Salary Ordinance to create the position of"Director of Youth Engagement—Center Supervisor." On September 27, 2011 this Council adopted Ordinance No. 10119-11 which set out the salaries and wages of appointed officers and non-bargaining employees of the City of South Bend for calendar year 2012 (the "2012 Salary Ordinance"). One of the managerial level employees included in Ordinance No. 10119-11 is the "Center Supervisor" of the Martin Luther King, Jr, Center (MLK Center), the salary for which position in Ordinance No. 10119-11 is $40,352.00 annually. The administration believes that the supervisor of the MLK Center is uniquely positioned to know about all youth programs in the community, to interact with other community leaders serving the City's youth, and to design communitywide opportunities for children and young adults, especially for those youth with fewer family resources who may be at risk of violence, school drop-out, and other adverse conditions affecting young persons. As part of the city's overall goal of eradicating youth violence, and assuring that South Bend's youth are prepared for their future as responsible citizens, it is in the best interest of South Bend to restructure the "Center Supervisor" position and create a new position and title with additional duties and responsibilities. The new position will be titled 1400 COUNTY-CITY BUILDING•227 W jFFFFRSON Bouj F.vARD° SouTH BEND, INDIANA 46601 PxoNE 574/235-9261• FAX 5741235-9892 0 i` , "Director of Youth Engagement — Center Supervisor," the position of "Center Supervisor" for the MLK Center will be eliminated and the compensation of the Director of Youth Engagement— Center Supervisor will have annual compensation of$50,250.00 (which exceeds the Center Supervisor salary by$9,898.00 annually). This Ordinance, which is in the best interest of South Bend, amends Ordinance No. 10119-11 to make these changes. Monies in General Fund (#10 1) from Parks Dept Zoo Division Account will be transferred to the Parks & Recreation Division Account to cover the cost of the salary increase in 2012. The overall appointed officers and non- bargaining employee salary appropriation is unaffected. I hope that the Common Council will review this amendment to the salary ordinance favorably. I look forward to presenting the ordinance and proposal to the appropriate committee and the full Council in the coming weeks. Sincerely, Pete Buttigieg; ayor City of South Bend CC: South Bend Common Council Red hi. JUN 2 CITY �M po- ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BENI), INDIANA, TRANSFERRING $20,625.00 WITHIN GENERAL FUND NO. 101 FROM A DEPARTMENT OF ADMINISTRATION AND FINANCE ACCOUNT TO AN OFFICE RENTAL ACCOUNT IN THE SOUTH BEND HUMAN RIGHTS DIVISION STATEMENT OF PURPOSE AND INTENT The City of South Bend Human Rights Division of the Department of Administration and Finance (Human Rights Division) currently maintains its offices at 301 South St. I.,ouis Boulevard, South Bend, Indiana. The City of South Bend Public Works Department has inspected the current: facility and determined that it is inadequate to meet the needs of the Fluman Rights Division and would require substantial repair costs of as much as $250,000 to fully rehabilitate this facility. Office space which meets the Human Rights Division's needs for confidentiality of claimants, ADA accessibility, and convenience of South Bend residents has been located at 319 Niles Avenue, South Bend, Indiana, and requires a lease with the property owner, 319 1,I,C. The initial lease term is for five (5) years, and the annual cost will not exceed $45,000. The lease term is expected to begin effective July 15, 2012. Filed previously with the South Bend Common Council is Substitute Bill No. 12-87, a Resolution which seeks Council's finding that the lease with 319 LLC for the Human' Rights Division is necessary. Adoption of this Resolution will require the expenditure and transfer of funds pursuant to this Ordinance. In 2012 the office rental costs for the human Rights Division should not exceed $20,625.00 which is calculated at $3,750 per month times 5.5 months (July 15, 2012 through December 31, 2012). This expenditure was not contemplated in the 2012 Human Rights Division budget, and this Ordinance transfers $20,625.00 from the Administration and I"inance Department's Professional Services Account to a new Office Rental Account in the Human Rights Division. NOW, THEREFORE, BE IT ORDAINED BY TIIE COMMON COUNCIL, CITY OF SOUTH BEND, INDIANA as follows: Section 1. The sum of$20,625.00 shall be transferred within General Fund No. 101 from the Professional Services Account in the Administration and Finance Department to a new Office Rental Account in the Human Rights Division budget for 2012 for the purpose of paying rent in 2012 for office space located at 319 Niles Avenue, South Bend, Indiana. 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. v) Member, South Bend Common Co ncil Affest. � ''q faf ve and City Clerk Councif ad 1lO 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 , 2011, at o'clock m. Mayor, City J HEADING - 5 ( �. JU 2 f-JSUC HEARING rr , 3 rd READING INOT APPROYO. REFERRED .,..,...._ ..,. _._ , ...F ,:.:.. PASSED gOU Tlt 1400 CoLNw-C3Tr Bunerac .``, �.� P!oNE 5741235-9241 227 W.JExnrasaN Botn gveun CE S FAX 574/235-7670 SouTx BENn,INDIANA 46601-1830 ■ K CITY of SOUTH BEND PFTF,Bumc;mc,MAYo12 DEPARTMENT OF IAw ALAI) AN M. DnRosF CrrYATFORNEY,AD INTERIM June 20, 2012 Mr. Derek Dieter President, South Bend Common Council 4"' Floor, county-City Building South Bend, Indiana 46601 Re: Ordinance Transferring$20,625.00 for Lease Payment on Iluman Rights Commission Office Dear President Deiter: Presently pending before the Common Council is Bill No. 12-47 by which the Common Council has been requested to make a finding that lease of office space at 319 Niles Avenue is necessary for the South Bend Human Rights Commission. The attached ordinance is a companion to Bill No. 12-47. This ordinance transfers $20,625.00 within General Fund No. 101 from a Department of Administration and Finance account to an office rental account in the South Bend Human Rights Division of the City Department of Administration and Finance. This transfer comprises the maximum annual cost for 2012 of the fluman Rights Commission lease which we hope will be approved under pending Bill No, 12-47. The Council at its last meeting continued its consideration of Bill No. 12-47 to the meeting of July 9, 2012. It is appropriate that both the ordinance being filed at this time be considered with Bill No, 1.2-47 because they are related. I will make the presentation to the Council of the attached ordinance at the Council's regular meeting and at its Committee meeting. It is the sincere Dope of the Human Rights Commission as well as the City administration that the Council favorably pass both Bill No. 12-47 and the attached ordinance. Thank you for your consideration. Sincerely, Aladcan M. DeRosee City Attorney, A.I. JU ' 41i D -2, Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB-PARAGRAPHS 1, in, and n TO PARAGRAPH a 5 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT On October 25, 1993, the South Bend Common Council passed Ordinance No. 8427-93 which created the "Disorderly House Ordinance". That ordinance was the result of South Bend residents voicing their concerns and outrage at the presence of buildings in their neighborhoods where such conduct fell "well below accepted community standards". In an effort to deter such activities upon such premises, the City would provide notice and opportunity to abate the prohibited activity. Persons holding legal or equitable title in the real estate and its occupants are held responsible for the conduct occurring upon the premises, and would be held jointly and severally liable for any fines. The original Disorderly House Ordinance was subsequently amended by Ordinance No. 9240-01 passed on August 13, 2001 and Ordinance No. 9602-05 passed by the Common Council on July 25, 2005. These ordinances strengthened the regulations and added additional activities which would generate legal action under the ordinance. The proposed ordinance is aimed at further addressing activities which have negative and deleterious effects on neighborhoods. This ordinance would add violations of the Indiana state laws addressing activities related to prostitution, racketeering activity and criminal gang activity. These regulations are believed to be in the best interest of the City of South Bend. Section 1. Chapter 13, Article 5, Section 13-75.5 (a) (5) of the South Bend Municipal Code is amended by the addition of new sub-paragraphs 1., m., and n. which shall read as follows: ARTICLE 5. OFFENSES RELATING TO PROPERTY Sec. I3-75.5 Disorderly Houses Prohibited. 1. Violations of any of the following Indiana„statutes governing: 1. Prostitution in violation of Indiana Cade § 35-45-4-2; 2. Patronizing a prostitute in violation of Indiana Code § 35-45-4-3; or 3. Promotingprostitution in violation of Indiana Code § 35-45-4-4. - ,r', g activity in violation of Indiana Code_S 35-45-6-1. m. Violations o__any of the Racketed,,in,_ Ordinance Adding Prostitution,Racketeering and Criminal Gang Activities to Disorderly House Regulations Page 2 n. Violations of any of the following Indiana statutes governing: 1. Criminal gang activity.in violation of Indiana Code 35-45-9-3 2. Criminal gang intimidation in violation of Indiana Code § 35-45-9-4, 3. Criminal gang recruitment in violation of Indiana Code § 35-45-9-5. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Tim Scott 1 st District Council Member rest: John Voorde, City Clerk J resented' by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012,at o'clock . m. Janice Talboom, Deputy Clerk Ordinance Adding Prostitution,Racketeering and Criminal Gang Activities to Disorderly House Regulations Page 3 .)�rroved and-6i%.ned- by me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in st READING �—Z•.S��... JUN 2 0 202 )U&LIC HEAWNG 3 rd READING - � f i-40T APPROVED J '?t3 ;i REFERRED. PASSED, City of South Bend �� Common Council " T865 441 County-City Building + 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 2359173 June 20,2012 http://wwwsouthbendin.gov Derek D. Dieter President Members of the Common Council 4u' Floor County-City Building Oliver J. Davis South Bend, Indiana 46601 Vice-President Karen L. White Re: Ordinance Adding Prostitution,Racketeering and Criminal Gang Chairperson, Committee Activities to Disorderly House Regulations of the Whole Dear Council Members: Tim Scott First District As a longtime resident of the northwest side of the City of South Bend, I have been a Henry Davis, Jr. strong advocate to eliminate nuisance properties from our neighborhoods, along with Second District working side-by-side the many dedicated area residents, businesses and the Near Northwest Neighborhood (NNN)—just to name a few. Valerie Schey Third District Now, as a new member of the Common Council, I believe it is time to strengthen our local Disorderly House regulations which would be enforced on a city-wide basis, by Fred Fedic adding to the list of prohibited conduct: Fourth District David Varner --i~ Prostitution Fifth District ---� Racketeering Oliver J. Davis Criminal Gang activities Sixth District Derek D. Dieter Each of these types of activities constitute public nuisances which negatively impact At Large far too many of our neighborhoods, The state law for each is attached. Gavin Ferlic In light of the Indiana General Assembly updating state laws aimed at curbing At Large racketeering activities and criminal gang activities in 2011, the time is right to add these, along with prostitution to our local disorderly house ordinance, In this way Karen L. White the City will have additional tools to combat such illegal activities in our continuing At Large quest to bring back and revitalize our neighborhoods. I ask my fellow Council Members to join me in supporting these needed regulations. Please refer this Bill to the Health & Public Safety Committee for review, public hearing and a favorable recommendation. Thank you. Most sincerely, Ti i� 1 District Council Member Indiana Code 35-45-6 Pagel of Information Maintained by the Office of Code Revision Indiana Legislative Services Agency IC 35-45-6 Chapter 6. Racketeer Influenced and Corrupt Organizations IC 35-45-6-0.1 Application of certain amendments to chapter Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section I of this chapter by P.L.112-1998 apply only to offenses committed after June 30, 1998. (2) The amendments made to section I of this chapter by P.L.17-2001 apply only to offenses committed after June 30, 2001. ,(3) The amendments made to section I of this chapter by P.L.227-2007 apply only to crimes committed after June 30, 2007. (4) The amendments made to section I of this chapter by P.L.143-2009 apply only to crimes committed after June 30, 2009. As added by P.L.220-2011, SEC.607. IC 35-45-6-1 Definitions Sec. 1. (a) The definitions in this section apply throughout this chapter. (b) "Documentary material" means any document, drawing, photograph,-recording, or other tangible item containing compiled data from which information can be either obtained or translated into a usable form. (c) "Enterprise"means: (1) a sole proprietorship, corporation, limited liability company,partnership, business trust, or governmental entity; or (2) a union, an association, or a group, whether a legal entity or merely associated in fact. (d) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one(1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five(5) years after a prior incident of racketeering activity. (e) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following: (1)A provision of IC 23-19, or of a rule or order issued under IC 23-19. (2) A violation of IC 35-45-9. (3) A violation of IC 35-47. (4) A violation of IC 35-49-3. (5) Murder (IC 35-42-1-1). (6) Battery as a Class C felony(IC 35-42-2-1). (7) Kidnapping (IC 35-42-3-2). (8) Human and sexual trafficking crimes (IC 35-42-3.5). (9) Child exploitation (IC 35-42-4-4). (10) Robbery(IC 35-42-5-1). httv://www.in.gov/legislative/ic/code/title35/ar45/ch6.htinl 6/20/2012 Indiana Code 35-45-6 Page 2 of 3 (11) Carjacking (IC 35-42-5-2). (12) Arson (IC 35-43-1-1). (13) Burglary(IC 35-43-2-1). (14) Theft (IC 35-43-4-2). (15) Receiving stolen property(IC 35-43-4-2). (16) Forgery(IC 35-43-5-2). (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(l0)). (18) Bribery (IC 35-44-1-1). (19) Official misconduct(IC 35-44-1-2). (20) Conflict of interest (IC 35-44-1-3). (21) Perjury(IC 35-44-2-1). (22) Obstruction of justice (IC 35-44-3-4). (23) Intimidation (IC 35-45-2-1). (24) Promoting prostitution (IC 35-45-4-4). (25) Professional gambling (IC 35-45-5-3). (26) Maintaining a professional gambling site (IC 35-45-5-3.5(b)). (27) Promoting professional gambling (IC 35-45-5-4). (28) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1). (29) Dealing in or manufacturing methamphetamine (IC 35-48-4-1.1). (30) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2). (3 1) Dealing in a schedule IV controlled substance (IC 35-48-4-3). (32) Dealing in a schedule V controlled substance(IC 35-48-4-4). (33) Dealing in marijuana,hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10). (34) Money laundering(IC 35-45-15-5). (35) A violation of IC 35-47.5-5. (36) A violation of any of the following: (A) IC 23-14-48-9. (B) IC 30-2-9-7(b). (C) IC 30-2-10-9(b). (D) IC 30-2-13-38(f). As added by Acts 1980, P.L.199, SEC.2. Amended by P.L.190-1984, SEC.]; P.L.180-1991, SEC.10; P.L.230-1993, SEC.4;P.L.8-1993, SEC.511;P.L.112-1998, SEC]; P.L.17-2001, SEC.16;P.L.123- 2002, SEC.41; P.L.151-2006, SEC.17;P.L173-2006, SEC 53; P.L.1-2007, SEC234;P.L.227-2007, SEC.68; P.L.27-2007, SEC.31;P.L.3-2008, SEC.253;P.L.143-2009, SEC.48; P.L.138-2011, SEC 11; P.L.182-2011, SEC 11. IC 35-45-6-2 Corrupt business influence Sec. 2. A person: (1) who has knowingly or intentionally received any proceeds directly or indirectly derived from a pattern of racketeering activity, and who uses or invests those proceeds or the proceeds derived from them to acquire an interest in property or to establish or to operate an enterprise; (2) who through a pattern of racketeering activity, knowingly or intentionally acquires or maintains, either directly or indirectly, an interest in or control of property or an enterprise; or (3) who is employed by or associated with an enterprise, and who knowingly or intentionally conducts or otherwise participates in the activities of that enterprise through a pattern of racketeering activity; commits corrupt business influence, a Class C felony. As added by Acts 1980,-P.L.199, SEC.2. Amended by P.L.211-1991, SEC.9. httT)://www.in.gov/lejzislative/ic/code/title35/ar45/ch6.htmi 6/20/2012 Indiana Code 35-45-9 Pagel of 2 IC 35-45-9 Chapter 9. Criminal Gang Control IC 35-45-9-0.1 Application of certain amendments to chapter Sec. 0.1. The amendments made to section 1 of this chapter by P.L.140-1994 apply to crimes committed after June 30, 1994. As added by P.L.220-2011, SEC.608. IC 35-45-9-1 "Criminal gang" defined Sec. 1. As used in this chapter, "criminal gang" means a group with at least three(3)members that specifically: (1) either: (A)promotes, sponsors, or assists in; or (B)participates in; or (2) requires as a condition of membership or continued membership; the commission of a felony or an act that would be a felony if committed by an adult or the offense of battery (IC 35-42-2-1). As added by P.L.180-1991, SEC 11. Amended by P.L.140-1994, SECS;P.L.192-2007, SECS. IC 3545-9-2 . "'Threatens" defined Sec. 2. As used in this chapter, "threatens" includes a communication made with the intent to harm a person or the person's property or any other person or the property of another person. As added by P.L.180-1991, SEC I L IC 35-45-9-3 Participation in criminal gang; offense Sec. 3. A person who knowingly or intentionally actively participates in a criminal gang commits criminal gang activity, a Class D felony. As added by P.L.180-1991, SEC IL IC 35-45-9-4 Threats; refusal to join or withdrawal from gang; intimidation offense Sec. 4. A person who threatens another person because the other person: (1) refuses to join a criminal gang; or (2) has withdrawn.from a criminal gang; commits criminal gang intimidation, a Class C felony. As added by P.L.180-1991, SEC IL IC 35-45-9-5 Criminal gang recruitment Sec. 5. (a) Except as provided in subsection(b), an individual who knowingly or intentionally solicits, recruits, entices, or intimidates another individual to join a criminal gang commits criminal gang recruitment, a Class D felony. (b) The offense under subsection (a) is a Class C felony if'. (1) the solicitation, recruitment, enticement, or intimidation occurs within one thousand (1,000) feet of school property; or (2) the individual who is solicited, recruited, enticed, or intimidated is less than eighteen (18) years httb://www.in.jzov/leeisl ative/ic/code/title35/ar45/ch9.html 6/20/2012 Indiana Code 35-45-9 Page 2 of 2 of age. As added by P.L.192-2007, SEC 10. IC 35-45-9-6 Restitution Sec. 6. In addition to any sentence or fine imposed on a criminal gang inember for committing a felony or misdemeanor, the court shall order a criminal gang member convicted of a felony or misdemeanor to make restitution to the victim of the crime under IC 35-50-5-3. As added by P.L.192-2007, SEC.IL http://www.in.gov/legislative/ic/code/title35/ar45/ch9.htm] 6/20/2012 Indiana Code 35-45-4 Page 1 of 1 IC 35-45-4-2 Prostitution Sec. 2. A person who knowingly or intentionally: (1) performs, or offers or agrees to perform, sexual intercourse or deviate sexual conduct; or (2) fondles, or offers or agrees to fondle, the genitals of another person; for money or other property commits prostitution, a Class A misdemeanor. However, the offense is a Class D felony if the person has two(2) prior convictions under this section.. As added by Acts 1976, P.L.148, SEC5. Amended by Acts 1977, P.L.340, SEC.77;Acts 1979, P.L.301, SEC,1;P.L.310-1983, SEC.3. IC 35-45-4-3 Patronizing a prostitute Sec. 3. A person who knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person: (1) for having engaged in, or on the understanding that the other person will engage in, sexual intercourse or deviate sexual conduct with the person or with any other person; or (2) for having fondled, or on the understanding that the other person will fondle, the genitals of the person or any other person; commits patronizing a prostitute, a Class A misdemeanor. However, the offense is a Class D felony if the person has two (2)prior convictions under this section. As added by Acts 1976, P.L.148, SEC 5. Amended by Acts 1977, P.L.340, SEC.78;Acts 1979, P.L.301, SEC.2;P.L.310-1983, SEC.4. IC 35-45-4 4 Promoting prostitution Sec. 4. A person who: (1) knowingly or intentionally entices or compels another person to become a prostitute; (2) knowingly or intentionally procures, or offers or agrees to procure, a person for another person for the purpose of prostitution; (3) having control over the use of a place, knowingly or intentionally permits another person to use the place for prostitution; (4) receives money or other property from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or (5) knowingly or intentionally conducts or directs another person to a place for the purpose of prostitution; commits promoting prostitution, a Class C felony. However, the offense is a Class B felony under subdivision (1) if the person enticed or compelled is under eighteen (18) years of age. As added by Acts 1976, P.L.148, SECS. Amended by Acts 1977, P.L.340, SEC.79;Acts 1978, P.L.148, SEC.6. httn-/hxrww in html h/7fl/�(l17 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 508 &512 'VEST COLFAX AVENUE, SOUTH BEND,INDIANA WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L 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-I4-1.5-5, requesting that a Special Exception be granted for the property located at: 508 & 512 W. COLFAX AVENUE, SOUTH BEND,INDIANA in order to permit a Special Exception Use to allow for a commercial parking lot SECTION H.Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk, SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY AREA BOARD OF ZONING APPEALS PETITION a. PETITIONER'S NAME: South Bend Heritage Foundation, Inc. PETITIONER'S ADDRESS: 803 Lincoln Way West, South Bend, IN 46516 PETITIONER'S PHONE: (574) 289-1066 b. LOCATION OF THE PROPERTY: 508 & 512 West Colfax Street, South Bend, IN 46601 c. STATEMENT OF VARIANCE REQUESTED AND REASON FOR REQUEST; The petitioner requests a special exception use to allow for a commercial parking lot containing 22 parking spaces and 2 handicapped spaces (24 in total). The petitioner wishes to develop a parking lot at this location to support its parallel re-development of the nearby Rushton Building. The Rushton project will rehabilitate 23 senior housing units with funding received through Low Income Housing Tax Credits and Historic Preservation tax credits. The subject property at 512 West Colfax is just north of the Rushton Building and an easy 75' walk away. d. STANDARDS FOR SPECIAL EXCEPTIONS . I.C. 36-7-918.4 addressed as follows: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The parking lot will be a positive support for the senior housing facility located nearby. It will be policed and maintained by South Bend Heritage Foundation. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The South Bend Heritage Foundation will maintain the landscaping in an effort to screen visual blight and Improve the area's appearance and will also be responsible for debris removal, snow plowing, and patrol the lot for unauthorized use. Further, the parking lot will be used by residents of the Rushton Building, located just south of the proposed parking lot. iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed parking lot will be tastefully done. This will be achieved by acknowledging the commercial character of the historic area and providing parking spaces that are consistent with said character. Board of Zoning Appeals: Special Exception Petition from South Bend Heritage Foundation iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The Comprehensive Plan recommends actions that develop the capacity of residents to become a part of a neighborhood. It recommends actions that help people so that they choose to stay within their neighborhood. By providing parking for this facility, seniors will have access to their vehicles. The mobility gained from such access will allow them to participate in and be a part of their neighborhood, thereby encouraging them to stay in the area. e. Zoning Classification of property: MU (Mixed Use) Township of property: Portage I attest under the penalties for perjury, that the foregoing representations are true. Marco J. Mariani Executive Director South Bend Heritage Foundation, Inc. Page 2 �-__-----_^_--��___-'--_----_-�INO.-___-- Li LLJ CD Of Lli CD Ctf cn UJ iL zi ` �- �� ' ' `=cc";•��j� Its ■INrI _ A I :�Su oil • [�w. +01 ir- alms Y i i P4Yn irr y F F t S - t i A "ti-- ��' A S��,Y• gF �� r k- € �'} <—,��'��3�.�+.��'E.�11� } ��y- 1 ~ ] ? g n� f< �{, ! _ } 5+ y. 'v 1 1 y`� ,_� - • ��_ 'b'+ ryr '�3+i I';'�..1 - 6/' �"' ; E w d'i3� E-+y�' L }. L f 'ft_' ,..,. ..... iA� b Y �•- 3' st,' E< �!� idkil :a s P ✓;'"t" tah {n rl �t t"A�! I sl9 +� '. ". 5i,:. ice' ✓ },: �' �V1 $ 1 i 1 a y✓ �1r !I - F'^'"."'1� S :� a r F ti Y �i4 txt ? �.I: F q�� t ✓ } t f ; e ( , Asa i ¢t Y - � s � H t �� r• ,ua� �+ 8Y� F � a Y : "'f x" � '� „.fi !� n w t ✓v K r€ t m�crs �-'k�t«:.Pi '. 11 L: .r { y ty'� ( ! } ' �t t441',. +••+^�•Fr! � 4 11�'.gar $-a . I r ? �3 � ,+ "�� -6 ""_"..}.-r•r• t. A' t�� k} 'il\ � Y •"f L�� 3 S P�'i.� fv}.�3 S 1 i � � 1 `R..: a � k.YY'7X"� •'f:>r �•:iJ-.�py4� '': qty s i F�. ° A".�' A,a,• 'f y ,F #^e E"`IY7.S ,�y9 4r a s + '+' yri?%x 7r:W X�tr 'W°2,r;; "' 4( S't � .-J 4Y k 11r' 1 I x a } ��PN:� � 'r' r ii ��r+�,$: ; v t � .t ;_, F � -;� x•k:tq'� > , 'V te,r `• i _ FT Fr q�X�� 7 w • +. �}bl�" � �t p a'#�'s4 Y ,r h'!� p as ��7 ev.,_.': k.• g -<sq�f JL� t [ Ir' s { i .��'"•;�y} � '. 2. L o a tr�;; �1 � i t 3 ' ��•. •y v.i13 �I � _ y"�4,,. ,"-'»...,,.a �i ._ .'{fie �f e ��" I '1P"��.v y'lf ! � _ - E +.�• Y t t r y 7, Y 7- ... _. :`` kE, l Y � - r a - ( i q F � ��"�.�� ' �-i J � t . ` '`� ' �` f r Sa¢�:eq,.t ad.�- �+,rn-�,m+:••wr �,•�^�s r^- -�,.*.r . ��L. ; r'dH�{r � �,W� � r} E.�,'�' -i#3,ri� 4 t- Iw'i> ��P v � -;�_�J-� ti` s'�i}s�::•� ..a• T. r x .-.� ;,� �-••_,� -max .� a� ® _-a¢:saga.=;1 y��'� s -+ KY -,• i F�4 rr c€;� 17 c t.> • l+ �,` 3F,�5 .r 3r..tw.,` ._Bl•: �•� #� y--:..JI.�I.,� i iSGLt �y,'+ (. iV - S$ � S Parcel ID Name Mailing Address Mailing City State Zip 018-1024-105201 South Bend Heritage Foundation 803 Lincolnway W South Bend IN 46616 018-1023-0965 Avilys LLC:Andrea Rogers 115 William St.Ste 100 South Bend IN 46601 018-1024-1055 _ Irminger,Donald K and Adria 117 N Taylor St. South Bend IN 46601 018-1024-1053 Perkins,William M 119 N Taylor St. South Bend IN 46601 018-1023-0977 Central High Associates LLC:First American Capital Markets c/o Sterling Management Mishiwaka IN 46546 018-1024-105602 City of South Bend 227 W Jefferson Blvd.Ste 1200 South Bend IN 46601 018-1023-0954 Lawson Fisher Associates PC 525 W Washington Ave. South Bend IN 46601 018-1023-0963 Tippecanoe Place LLC 5832 Firestone Ct. San lose CA 95138 018-1023-0963 Tippecanoe Place LLC 5832 Firestone Ct. San Jose CA 95138 018-1023-0963 Lex Investments Inc. 509 W Washington Ave. South Bend IN 46601 018-1023-0963 Lex Investments Inc. 509 W Washington Ave. South Bend I IN 1 46601 018-1023 0992 City of South Bend Department of Redevelopment 1200 County City Bldg South Bend IN 46601 018 1023-0993 City of South Bend Department of Redevelopment 1200 County City Bldg South Bend IN 46601 018-1023-0988 Housing Authority of South Bend 501 S Scott St. South Send IN 46601 018-1023-0994 City of South Bend Department of Redevelo meat 1200 County City Bldg South Bend IN 46601 018-3010-0313 Kessler,Susan J 506 W Washington South Bend IN 46601 018-3010-0314 Lahey,Charles and Jennifer 502 W Washington South Bend IN 46601 018-3010-0321 Kessler,Susan J 506 W Washington South Bend IN 46601 018-1023-0966 Indiana Land Trust.Emery,Dennis J 501 W Washington South Bend IN 46601 018-1024-105601 City of South Bend 227 W Jefferson Blvd Ste 1200 South Bend IN 46601 018-1024-1051 Chamblee,R.W.and Angie 19176 Summers Dr. South Bend IN 46637 018-1024-1052 Cotton,Kathleen A 602 Colfax St. South Bend IN 46619 018-1023-0958 Stoll,James R. 536 Colfax St. I South Bend IN 46601 CIy of South Bend Department of 018-1023-097701 Redevelopment c/o the Alexander Co. 660 W Washington Ave Ste 303 Madison Wf 53703 Inc. 018-1024-1056 Irminger,Donald K and Adria 117 N Taylor St. South Bend IN 46601 018-1023-0961 Stoll,James R. 536 Colfax St. South Bend IN 46601 018-1023-0960 TL Properties 2010 LLC 1420 Canal Court ste 250 Littleton CO 80120 018-1023-0961 TL Properties 2010 LLC 1420 Canal Court Ste 250 Littleton CO 80120 018-1023-0968 Baldwin,Robert J. 2540 Village Common Dr. Erie PA 16506 018-1023-0969 South Bend Heritage Foundation 803 Lincolnway W South Bend IN 46616 018-1023-0970 South Bend Heritage Foundation 803 Lincolnway W South Bend EN 46616 018-1023-0971 Portage TWP of Saint Joseph County 115 S Williams St. South Bend iN 46601 018-1024-1025 Lake Region Conference Associates of Seventh Day Adventists 601 W Colfax South Bend IN 46601 018-1023-098201 Sapiente,Ronald A 808 Lasell Dr. Champaign IL 61820 018-1023-0973 Davis,Gersham and Deirdre George- Davis 3841 Knickerbocker Apt 20 Indianapolis' IN 46240 018-1023-0974 Haplin,Andrea and Leone 521 W Colfax Ave South Bend IN 46601 018-1023-0976 Michael,Anisah 6273 Knox Ave Chicago IL 60646 018-1023-097601 Lykowski Timothy and Kathy __ 23158 W Ireland Rd South Bend IN 46601 018-1023-0978 First Presbyterian Church of South 333 W Colfax South Bend IN 46601 Bend 018-1023-0980 First Presbyterian Church of South 333 W Colfax South Bend IN 46601 Bend City of South Send for the Use and 018-1023-0990 Benefit of its Department of 1200 County-City Building South Bend IN 46601 Redevelopment 018-1023-0989 Housing Authority of South Bend 5015 Scott St. South Bend IN 46601 018-1023-0972 Lake Region Conference Associates of 601 W Colfax South Bend IN 46601 Seventh Day Adventists AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX. (574) 235-5541 June 7, 2010 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 South Bend Heritage Foundation, Inc. ABZA 6/6/12 Dear Council Members: The above referenced petition of South Bend Heritage Foundation, Inc. was legally advertised on May 25, 2012. The Area Board of Zoning Appeals gave it a public hearing on June 6, 2012, 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 a commercial parking lot in a"MU" District, is sent to the South Bend 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 SPECIAL. EXCEPTION PURSUANT 23-09.3(D) AREA BOARD OF ZONING APPEALS SOUTH BEND HERITAGE FOUNDATION, INC. FINDINGS FAFACT 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 RECOMMENIDATIONS OF THE CITY OF SOUTH B END COMPREHENSIVE PLAN B ECA U S E: 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 ItEGOMMENNIDATION ADOPTED this 6TH Day of JUNE,2012. YES NO 1K MICHAEL URBANSKI ABSENT RANDALL MATT14YS JACK YOUNG QX GERALD PHIPPS ROBERT HAWLEY QX JOE VELLEMAN QX BRENDAN CRUMLISH Area Board of Zoning Appeals—June 6, 2012 SOUTH BEND HERITAGE FOUNDATION, INC. The petition of South Bend Heritage Foundation, Inc. seeking a Special Exception to allow for a commercial parking lot, on property located at 508 & 512 W. Colfax Street, Portage Township. Zoned "MU". MR. PAT LYNCH: With South Bend Heritage Foundation, 803 Lincolnway West, South Bend. We are here today to request a Special Exception for a commercial lot at the address that was mentioned. We're doing this project in conjunction with redevelopment of the Rushton Building which sits on the corner of west Washington and William. And we're very excited about that project and we'll make this lot available to the seniors who will be living at that project. MR. URBANSKI: Is there some parking right behind the building too, Pat, behind the Rushton Building? MR. LYNCH: That property immediately north of the Rushton does not belong to the Rushton it belongs to the next building north. The Rushton does not have access directly to the alley. MR. URBANSKI: Okay will the people have to walk all the way around to William Street to enter the building? MR. LYNCH: That is correct. MS. NAYDER: Just want to point out where our comments are. They're in the Special Exception, so there's 13 and then 15 so didn't want you to miss because we did make comments on petition number I4. We recommended favorably because it's going to help with the re-use of an existing building. MR. VELLEMAN: Will there be any improvement to the alley done by either the City or South Bend Heritage. It was a pretty rough alley when I drove down it. MR. LYNCH: It is rough, I agree. I'm with Toy Villa in Engineering right now. And we also have to get into that alley a little bit to bring power to the Rushton. So we do intend to improve at least from our parking lot to the east William Street, yeah. IN FAVOR MR. WILLIAM PERKINS: I live at 119 N. Taylor Street. I live right around the comer from the property in question. And I want to know how big is the parking lot going to be and what they plan on doing as far as landscaping and also how it's going to affect the apartment building directly next to it which is now unoccupied and being renovated. Before it had a reputation for being undesirable, yeah will it be? And I really want to see the Rushton, I'd love to see the Rushton rehabilitated, I really would. I also wonder how many people are going to make the actual stroll from the parking lot in the dead of winter over to the Rushton. That's kind of a little hike there. I wonder if there is some other way they could get a parking lot there. So I just basically have questions about the whole thing. MR. PERKINS WAS SHOWN A SITE PLAN OF THE PARKING LOT AT THIS TIME 28 Area Board of Zoning Appeals—June 6, 2012 MR. CHARLES LEONE: I'm an attorney with offices at 521 W. Colfax which is across street from the proposed parking lot. The law firm is Leone Halpin, LLP. We are in a building that was formally owned by James Childs Architects and have done quite a bit of work fixing up that particular property over the last five years since we've been there. Our concerns of course are have to do with the immediate neighborhood. These lots as they exist now are vacant. They're typically kept up and mowed but they're generally unused. We do support the South Bend Heritage project to use this land as a parking lot in conjunction with the renovation of the Rushton Building. We think that the Rushton Building is a critical piece in the western edge of downtown and the redevelopment and repair of that particular building would enhance the immediate neighborhood. We've been given some comfort by the fact that South Bend Heritage will be the designer and will be having on going responsibility for this particular lot. Our concern of course has been the apartment complex that is immediately to the west of these lots which had a very large number of tenants and has been subject to a number of issues over the past several years that is vacant now. I know that there is some renovation going on with good advice in terms of how to do that but one concern we would have of course is that once that building is re-occupied at some point, because apparently it will be, that in fact the tenants from that particular building may end up finding the parking lot easy parking because I don't think that the building immediately to the west has any on site parking. So that would be our main concern but in general we do support this particular project and I think it's all in the execution in the way it's managed over time that'll make the difference. REMONSTRANCE There was no one present to speak in remonstrance of this petition. MR. URBANSKI: Pat are you going to have something where there'll be stickers for the people who live there so cars won't be towed if belonging to the Rushton? REBUTTAL: MR, LYNCH: I think that we will definitely have to have some sort of protocol for anybody who is in the lot. They will need to have permission to be there, a sticker in their car or something on their dashboard as well as signs are up to indicate to people that if they do not have permission they will be towed away. We have a management company that oversee all of our properties, it's Herman and Kittle and they would be responsible for patrolling the lot making sure that it is appropriately used and towing anybody that's not authorized to be there. There will be more information, the Rushton will be 23 units and this parking lot here is 26, I believe, spots although there is no relationship between those two numbers it's just that what works. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Velleman and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITON SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION 29 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST . JOSEPH COUNTY , IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 25, 2012 Common Council Area Board of Zoning Appeals Attn: Janice 125 S. Lafayette, Suite 100 0' Floor County City Building South Bend, Indiana 46601 South Bend, IN 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday. June 6, 2012. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner,- and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 12. The petition of Air Park South Bend, LLC. The staff recommends denial of these variances. As part of the 2004 update of the City of South Bend Zoning Ordinance, the sign ordinance was significantly revised. The intent of the sign ordinance is to eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property; and to avoid sign clutter. The desire of the petitioner to place these additional signs defies the very intent of the sign ordinance and the effort the City tools in establishing the standards. The staff would find it difficult to find a sign ordinance in a large city that would allow such excessive signage. A comparison would be to then allow every multi-tenant commercial/industrial center in the City to have a street sign for each of the tenants. The sign ordinance accommodates the needs SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVlLLE, NEW CARLISLE, NORTH L18ERTY, OSCEOLA, & ROSELAND WW W.STJOSEPHCOUNTYIN0IANA-COM of multi-tenant facilities by not only allowing a freestanding identification sign for the property, but also allowing building identification signs (wall, canopy, window, etc.) for each tenant. The petitioner has a clearly visible monumenf-style sign with room reserved for tenant names. The staff would suggest that a creative approach to building identification signs that would help guide visitors once they enter the site, would be a better approach. 13. The petition of Trinity Senior Living Communities, Sanctuary at Holy Cross. The staff recommends approval of the variances. The intent of the restrictions on residential signs is to buffer and protect surrounding residential properties from excessive and brightly lit signs. Foundation Center was designed as a mixed-use development. Neighboring properties are zoned B Business and C Commercial, with other properties in the development zoned R-2 and M. Sign requirements are generally less restrictive in these other districts. Staff would note that building/wall signs are typically allowed for institutional buildings which are usually located in non-residential areas. 15. The petition of Sam and Linda Quaye. The staff recommends denial of all variances. The staff supports accommodating in-fill redevelopment and the practical use of land. The combination of the variances, the use, and the location of the existing buildings makes this site, in the staff's opinion, unworkable for the intended uses. Comments from the County Engineer noted that the parking spaces on the north cannot be accessed directly from Dreamwold Avenue, further reducing the number of spaces that can be placed on the site. According to this site plan, the septic system is located in an unspecified area south of the parking spaces on the north. Paving is not allowed over a septic -system. The Health Department has not seen a solution where a properly sized septic system will fit on the parcels shown in the site plan. Special Exception /Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. 14. The petition of South Bend Heritage Foundation, Inc. Based on information available prior to the Board meeting, the Staff recommends that the Special Exception Use be sent to the Common Council with a favorable rbcommendafion. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; This parking lot is designed to support the adaptive reuse of the Rushton Building. Required landscaping and access drives will protect the convenience and general welfare. SERVING ST, JOSEPH COUNTY, SOUTH BEND. €AKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, d ROSELAND W W W.ST105EPHC0UNTYPND1AMA.COM (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; This parking lot's intent is to support the residents of the proposed apartments in the Rushton Building. By offering dedicated spaces for these residents, on street parking for nearby businesses and the Portage Township Assessor, could benefit from the additional off-street parking. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The block is zoned MU Mixed Use, however, there is multifamily nearby. Parking areas are common in the MU Mixed Use District as an accessory to the business/commercial or multi- family use. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. City Plan, South Bend Comprehensive Plan (November 20061 -The first Housing Objective encourages a mix of housing types and densities, specifically mentioning those for seniors. The first Economic Development Objective encourages the reuse of abandoned and underutilized land and structures. Sincerely, h4 Christa Nayder, Planner SERV#NG ST. JOSEPH COUNTY, SOUTH BEND, LAKEVlLLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSEPHCOUNTYINDIANA.COM JOHN W. BYORNI no EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227YVJEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG, SOUTH SEND,INDIANA 4660'1 (.574) 2.35-9571 June 20,2012 �DM 0( ) ' � "l �.�-- RE: An Ordinance initiated by the Area Plan Commission, Amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21-09.05 Development Review Procedures in order to add new section (h) Combined Pubic Hearing Procedure, City of South Bend. -APC# 2635-12 Dear Council Members: 1 hereby Certify that the above referenced ordinance of initiated by the Area Plan Commission was legally advertised on Thursday, June 7, 2012 and that the Area Plan Commission at its public hearing on Tuesday, June 19, 2012 took the following action: Upon a motion by Karl King, being seconded by Dan Brewer and unanimously carried, the Ordinance initiated by the Area Plan Commission,Amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21-09.05 Development Review Procedures in order to add new section(h) Combined Pubic Hearing Procedure, City of South Bend is sent to the Common Council with a favorable recommendation. The combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in City Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers and allow for one legal advertisement and notification process. The combined hearing procedure can only be initiated at the request of the petitioner. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, .T in W Byo JWB jsc Attachment SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE NEW CARLISLE,NORTH LIBERTY OSCEOLA& ROSELAND www.stjosePhcounryindiana.com/Areapl2Ln Staff Report APC# 2635-12 Owner: APC Initiated Location: Text Amendment Jurisdiction; City of South Bend Requested Action: The request is a text change amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21-09.05 Development Review Procedures, in order to add a new section (h)Combined Pubic Hearing Procedure. Staff Comments: Presently, there are four procedures between the zoning and subdivision ordinances that affect future development: rezoning, subdivision, variance and special exception. Rezonings are filed with the Common Council, referred to the Area Plan Commission for public hearing and recommendation, and then returned to the Common Council. Subdivisions are submitted directly to the Area Plan Commission and referred to the Plat Committee. Variances are fled with the Building Department and heard by the Area Board of Zoning Appeals. Special Exceptions are also fled with the Building Department and heard by the Area Board of Zoning Appeals, but returned to the Common Council with a recommendation. In July 2011, a State statute change allowed an Area Plan Commission to hold a combined public hearing on all four of the above items. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in Cary Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers, and allow for one legal advertisement and notification process. The combined hearing procedure can only be initiated at the request of the petitioner. APC Initiated #2635-12 Page 1 of 1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9,ADMINISTRATION,SECTION 21-09.05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION(h)COMBINED PUBLIC HEARING PROCEDURE. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana,adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. One of the sections of the zoning ordinance established development review procedures for rezonings, variances and special exceptions.Recent changes to State Statutes allow the Area Plan Commission to establish procedures for a combined hearing for rezoning, variances, a special exception, and a subdivision plat before the Area Plan Commission. Establishing this procedure could result in making the City more attractive to economic development because variances and subdivisions could be approved and recommendations on rezonings and special exceptions could all be made at one meeting rather than three meetings as is presently required. It is the purpose and intent of this Ordinance to establish a combined public hearing procedure. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9, Section 21-09.05, Development Review Procedure, is hereby amended by adding the following sub-section: (h) Combined Public Hearing Procedure. (1) The Area Plan Commission may designate a hearing examiner or committee of the commission to conduct a combined hearing relative to developments that require more than one hearing under this Article. (2) The decision to use this procedure shall be made by the applicant. (3) In conducting a combined hearing, the hearing examiner or committee of the Commission may exercise the following: (A) the powers of the Area Plan Commission in making recommendations to the Common Council on rezoning petitions and text amendments under the I.C. 36-7- 4-600 series. (B) the powers of the Plat Committee in approving or denying subdivision plats under the I.C. 36-7-4-700 series. (C) the powers of the Board of Zoning Appeals to grant variances and make recommendations on special exceptions under the I.C. 36-7-4-900 series. E:IORDINANCESIZoning%South BendlDrafted AmendmentslAMD COMBINED PUBLIC HEARING PROCEDURE.doc (D) the powers of the Executive Director, hearing examiner or committee of the Area Plan Commission as it concerns the approval of Development Plans under the I.C. 36-7-4-1400 series. (4) Decisions of the hearing examiner or committee of the Area Plan Commission under the combined hearing procedure may be excepted to or appealed as follows: (A) decisions made in relation to the powers granted under Chapter 21-09.05(h)(3)(A) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (B) decisions made in relation to the powers granted under Chapter 21-09.05(h)(3)(B) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (C) decisions made in relation to the powers granted under Chapter 21-09.05(h)(3)(C) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (5) The Area Plan Commission shall make rules governing the hearing of cases under the combined hearing procedure. The rules may not require a petitioner or an applicant to use the combined hearing procedure. 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. 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 2012, at o'clock m. City Clerk Approved and signed by me on the day of ,2012, at o'clock M. f Mayor of the City of Sou z 1 rk, S READNG JBLIC HEARING -d READING JUN - 5 2012 s DT AP'ROVED __._ .p, `ERRED Jtty .55ER CITY CLERK,Sc.Lfj,H BEN-[j, ; � JOHN W. 8YORN! EXECUTIVE DIRECTOR LARRY MAGLiOZZJ DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD„ ROOM 1140 COUNTY•CI7Y BUILDING, SOUTH BEND, INDIANA 46601 {574) 235 9571 June 4, 2012 Derek Dieter, President South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Provisions of South Bend Zoning Ordinance to Allow the APC to Conduct a Combined Hearing on Rezonings, Special Use Permits, Subdivisions, and Variances. Dear Mr. Dieter: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to make certain amendments to that section of the Zoning Ordinance that regulates public hearings before the Plan Commission. Recent changes to State Statutes allow Plan Commissions to conduct a combined hearing, at the request of a petitioner, where a rezoning petition also involves any or all of the following: special use permit, variances and subdivisions. This process should be beneficial to both the applicants and possible remonstrators in that it will reduce the number of meetings that people have to attend and yet allow for public input. I am requesting that the attached ordinance be placed on the June 11, 2012 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on June 19,2012. If you have any questions, please feel free to contact me. Sincerely, [Red clerk :� ice ohn W. Byorn -� 5 2012 N V00-RUE CITY CLERK,ScUl-i-t SEND,rN SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH.LIBERTY, OSCEOLA, R ROSELAND W W W.S T J O S F P H C O U N Ty I N p IAN A.C 0 M/A...pl..