HomeMy WebLinkAbout12-08-14 Amended Council Agenda, Packet & Committee MeetingsOffice of the City Clerk
JOHN VOORDE, CITY CLERK
2ND AMENDED
December 4, 2014
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for
Monday. December 8, 2014, in the Council Informal Meeting Room, 41h Floor County -Cit
Building, 227 W. Jefferson Blvd., South Bend. Indiana:
2:30 P.M. PARCS DR. FRED FERLIC, CHAIRPERSON
1. Continued discussion on Ash Trees
2. Bill 14 -111 — Propose that a Master Plan for Kennedy Park be developed
prior to the issuance of a Park Bond
3:30 P.M. PERSONNEL & FINANCE VALERIE SCHEY, CHAIRPERSON
1. Bill 63 -14 —Additional Appropriations for 2014
2. Bill 65 -14 —Budget Transfers for Various Departments for 2014
3:45 P.M. ZONING & ANNEXATION TIM SCOTT, CHAIRPERSON
1. Bill No. 58 -14 —Rezoning — 1430 Mishawaka Ave.
3:55 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON
1. Bill 64 -14 — Additional Appropriations for 2014 in the Sewage Department
funds
4:05 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Bill 14 -110 —Approve and Adopt the West Side Main Streets Plan
4:30 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER. CHAIRPERSON
1. Bill 59 -14 — amend Section 6 -37.1 addressing Vacant Building Maintenance
and Registration
2. Bill 14 -112 — Encourage a policy to establish a Minority Hiring Program for
the Fire and Police Departments, Implement Proactive Policies Identifying
Officer behavior inconsistences and the need for Police Body Camera and a
Citizens Review Board
455 County -City Building • 227 W. Jefferson Blvd • South Bend Indiana 46601 - 574/235 -9221 • Fax 574235 -9173
KAREP.MAH FOWLER JANICE TAI.RLOOM EMILY SEXTON
CHIRP DEPUTY DP.PUTY ORDINANCE VIOLATION CLERK
4:50 P.M. INFORMATION & TECHNOLOGY TIM SCOTT, CHAIRPERSON
1. Bill 62 -14 — Amend Chapter 2 by addressing Policies and Procedures
Governing City -Owned Technologies, Facebook Standards, Social Media and
Social Networking Policies and Procedures
Immediately following the close of the Information & Technology Committee meeting,
Council President Oliver J. Davis has called an Informal Meeting of the Council:
INFORMAL MEETING OLIVER J. DAVIS, CHAIRPERSON
1. Discussion of Council Agenda
2. Miscellaneous matters
cc: Mayor Pete Buttigieg
Committee Meeting List
Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS:
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
Office of the City Clerk
JOHN VOORDE, CITY CLERK
AMENDED
December 4, 2014
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for
Monday, December 8. 2014, in the Council Informal Meeting Room, 41h Floor County -Cit
Building, 227 W. Jefferson Blvd., South Bend, Indiana:
2:30 P.M. PARCS DR. FRED FERLIC, CHAIRPERSON
1. Continued discussion on Ash Trees
2. Bill 14 -111 — Propose that a Master Plan for Kennedy Park be developed
prior to the issuance of a Park Bond
3:30 P.M. PERSONNEL & FINANCE VALERIE SCHEY, CHAIRPERSON
1. Bill 63 -14 — Additional Appropriations for 2014
2. Bill 65 -14 —Budget Transfers for Various Departments for 2014
3:45 P.M. ZONING & ANNEXATION TIM SCOTT, CHAIRPERSON
1. Bill No. 58 -14 — Rezoning — 1430 Mishawaka Ave.
3:55 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON
1. Bill 64 -14 — Additional Appropriations for 2014 in the Sewage Department
funds
4:05 P.M. PUBLIC WORKS & PROPERTY
VACATION HENRY DAVIS. JR. CHAIRPERSON
1. Bill 14 -110 —Approve and Adopt the West Side Main Streets Plan
4:30 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER. CHAIRPERSON
1. Bill 59 -14 — amend Section 6 -37.1 addressing Vacant Building Maintenance
and Registration
2. Bill 14 -112 — Encourage a policy to establish a Minority Hiring Program for
the Fire and Police Departments, Implement Proactive Policies Identifying
Officer behavior inconsistences and the need for Police Body Camera and a
Citizens Review Board
455 County -City Building . 227W Jefferson Blvd • South Bend. Indiana 46601 • 574/235 -9221 • Fax 574235 -9173
KAREEMAH FOWLER JANICE TALBLOOM EMILY SEXTON
CHIP.P DEPUTY DP.PUTY ORDINANCE VIOLATION CLERK
4:50 P.M. INFORMATION & TECHNOLOGY TIM SCOTT, CHAIRPERSON
1. Bill 62 -14 — Amend Chapter 2 by addressing Policies and Procedures
Governing City -Owned Technologies, Facebook Standards, Social Media and
Social Networking Policies and Procedures
Immediately following the close of the Information & Technology Committee meeting,
Council President Oliver J. Davis has called an Informal Meeting of the Council:
INFORMAL MEETING OLIVER J. DAVIS, CHAIRPERSON
1. Discussion of Council Agenda
2. Miscellaneous matters
cc: Mayor Pete Buttigieg
Committee Meeting List
Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS:
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
AGENDA
BEND COMMON COUNCIL MEETING
MONDAY, DECEMBER 8, 2014
1. INVOCATION - CHAPLAIN TONY SLAGLE
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB- COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
7:00 P.M.
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION
WILL BE KATHRYN ROOS - CHIEF OF STAFF
6. REPORTS OF CITY OFFICES - UPDATE FROM THE LEGAL DEPARTMENT
REGARDING THE BUSKING ORDINANCE - 2 MINUTES- NO QUESTIONS FROM
ANY PARTIES.
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
58 -14 PUBLIC HEARING ON A BILL TO AMEND THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA
AVE. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF
SOUTH BEND, INDIANA
63 -14 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR
CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS
IN 2014 OF $600,000 FROM GENERAL FUND ( #101),
$45,000 FROM ECONOMIC DEVELOPMENT STATE GRANT
FUND ( #210), $280,000 DEPARTMENT OF COMMUNITY
INVESTMENT FUND ( #212), $50,000 FROM HUMAN RIGHTS
GRANT FUND ( #258), $20,000 FROM HAZMAT FUND
( #289), $3,184 FROM HALL OF FAME DEBT SERVICE
FUND ( #313), $5,038 FROM CUMULATIVE CAPITAL
IMPROVEMENT FUND ( #407) AND $1,448,174 FROM
EMPLOYEE BENEFITS FUND ( #711)
64 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2014 OF $244,500 FROM
SOLID WASTE FUND ( #610), $168,094 FROM SEWAGE
CAPITAL FUND (#642), $6 FROM 2007 SEWER BONDS
FUND ( #647), $200 FROM SEWAGE WORKS SINKING FUND
( #649), $2,221 FROM 2010 SEWER BOND FUND ( #658),
AND ($19,100,000) FROM 2013 SEWER BOND FUND
( #663)
65 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2014
59 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION
6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING
VACANT BUILDING MAINTENANCE AND REGISTRATION
62 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER
2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW SECTION 2 -9.1 ADDRESSING
POLICIES AND PROCEDURES GOVERNING CITY -OWNED
TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA
AND SOCIAL NETWORKING POLICIES AND PROCEDURES
8. BILLS, THIRD READING TIME:
BILL NO.
58 -14 THIRD READING ON A BILL TO AMEND THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA
AVE. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF
SOUTH BEND, INDIANA
63 -14 THIRD READING ON A BILL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR
CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS
IN 2014 OF $600,000 FROM GENERAL FUND ( #101),
$45,000 FROM ECONOMIC DEVELOPMENT STATE GRANT
FUND ( #210), $280,000 DEPARTMENT OF COMMUNITY
INVESTMENT FUND ( #212), $50,000 FROM HUMAN RIGHTS
GRANT FUND ( #258), $20,000 FROM HAZMAT FUND
( #289), $3,184 FROM HALL OF FAME DEBT SERVICE
FUND ( #313), $5,038 FROM CUMULATIVE CAPITAL
IMPROVEMENT FUND 0407) AND $1,448,174 FROM
EMPLOYEE BENEFITS FUND 0711)
64 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2014 OF $244,500 FROM
SOLID WASTE FUND ( 4610), $168,094 FROM SEWAGE
CAPITAL FUND ( #642), $6 FROM 2007 SEWER BONDS
FUND ( #647), $200 FROM SEWAGE WORKS SINKING FUND
( #649), $2,221 FROM 2010 SEWER BOND FUND ( #658),
AND ($19,100,000) FROM 2013 SEWER BOND FUND
( #663)
65 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2014
59 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION
6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING
VACANT BUILDING MAINTENANCE AND REGISTRATION
62 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER
2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW SECTION 2 -9.1 ADDRESSING
POLICIES AND PROCEDURES GOVERNING CITY -OWNED
TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA
AND SOCIAL NETWORKING POLICIES AND PROCEDURES
9. RESOLUTIONS
BILL NO.
14 -109 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 4946 STERN LINE COURT, 5004 STERN LINE
COURT, AND 4919 BOW LINE COURT AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR
COOREMAN REAL ESTATE GROUP, INC.
14 -110 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE
WEST SIDE MAIN STREETS PLAN
14 -111 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PROPOSING THAT MASTER PLAN FOR
KENNEDY PARK BE DEVELOPED PRIOR TO THE ISSUANCE OF
A PARK BOND
14 -112 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ENCOURAGING THE CITY
ADMINISTRATION TO ESTABLISH A MINORITY HIRING
PROGRAM FOR THE FIRE AND POLICE DEPARTMENTS, TO
DEVELOP AND IMPLEMENT PROACTIVE POLICIES
IDENTIFYING OFFICER BEHAVIOR INCONSISTENCIES AND TO
LOOK INTO THE NEED FOR POLICE BODY CAMERAS AND A
CITIZENS REVIEW BOARD
10. BILLS, FIRST READING
BILL NO.
66 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS OF CHAPTER 20, ARTICLE 7, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS SNOW REMOVAL
PRACTICES AND PROCEDURES
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT
10*51 i7
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
(
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430
MISHAWAKA AVE, COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
REZONE TO ALLOW FOR AUTO REPAIR
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:
THE NORTH 62.5' OF LOT 77 & WEST 8.7' OF LOT 76 OF EUCLID PARK ADDITION
be and the same is hereby established as CB Community Business District
SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor, and legal publication.
Member of the Common Co ncil
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
20_, at o'clock m.
Approved and signed by me on the day of
m.
a READ:AG
P!!"LiC I;E`RNG
rJ RLL'.iGiiNG
110T A'F•RGVz
PASSED,
City Clerk
day of ,
20 , at o'clock
Mayor of the City of South Bend, Indiana
Flied on G1;
IN
PETITION TO REZONE
City_ofSouth 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: 1430 Mishawaka
2) The property Tax Key Number(s) is /are: 18- 6024 -3703
3) Name and address of property owner(s) of the petition site:
G Family Properties
51820 Deer Trail
Granger, IN 46350
574- 208 -7369
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name
Address
City, State Zip Code
Phone number with Area Code
E -Mail Address
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: LB Local Business District N/A
To: CB Community Business District
6) This rezoning is requested to allow the following use(s): Auto Repair
7) Attached, and made .a part of this PETITION, is:
(a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of
the petition property;
(b) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
CONTACT PERSON:
Santos Rios
421 S 300 E
LaPorte, IN 46350
or signature of Attorney for all property owner(s):
Fred tl.6r?r.'44.'� �fflai
ECCT-8 Z014
JOHN VOONDE
CITY CLXRK. SOUTH SEND, IN
C LAWRENCE MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 IS 74) 235 -9571
Wednesday, November 19, 2014
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of G Family Properties to zone from LB Local Business District to CB Community
Business District, and seeking the following three variances: 1) from the required 20' front setback for parking
to 0; 2) from the required 7 parking spaces to 2; and 3) from the required Type B: partial screening on the
south property line to a 6' privacy fence, property located at 1430 Mishawaka Avenue, City of
South Bend - APC# 2726 -14,
Dear Council Members:
1 hereby Certify that the above referenced ordinance of G Family Properties was legally advertised on Thursday,
November 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, November 18, 2014 took
the following action:
Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the
proposed ordinance of G Family Properties to zone from LB Local Business District to CB Community
Business District, property located at 1430 Mishawaka Avenue, City of South Bend, is sent to the
Common Council with a FAVORABLE recommendation. The site has been commercial for many years
and is part of the larger Mishawaka Avenue commercial strip. The rezoning will allow an adaptive reuse of
the site consistent with the other commercial uses in the area.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in
the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this. report.
Sincere,
Lawrence P. Magliozzi
Attachment
CC: G Family Properties
Santos Rios
flea
cz
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STIOS EPHCOU NTY IND I ANA. CO M /AREAPLAN
Staff Report 11/6/2014
APC # 2726 -14
Owner: G Family Properties
Location: 1430 Mishawaka Avenue
Jurisdiction: City of South Bend
Public Hearing Date: 11/18/2014
Requested Action:
The petitioner is requesting a zone change from LB Local Business District to CB
Community Business District and three variances.
Land Uses and Zoning:
On site: On site is an existing commercial structure.
North: To the north across Mishawaka Avenue are single family homes zoned SF2
Single Family & Two Family District and a gas station zoned CB
Community Business.
East: To the east is a commercial building zoned MU Mixed Use District.
South: To the south is a single family home zoned S172 Single Family & Two
Family District.
West: To the west across Clover Street is a commercial building zoned LB Local
Business District.
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.
Developments within the CB District shall be coordinated to facilitate vehicular and
pedestrian access from nearby residential districts.
Site Plan Description:
The site is approximately a 4,000 square foot lot with an existing 1,300 square foot
building. The existing building has 2 service bays that front Mishawaka Avenue. The
remainder of the lot is paved. Due to the size of the lot and room for drive aisles, the
petitioner is seeking a variance from the required 7 parking spaces to 2 spaces. The
parking shown on the aerial photograph that extends in to the public right -of -way is not
permitted without special approval by the Board of Public Works. There is an existing 6'
privacy fence separating this property from the single family home to the south. The
petitioner would like to maintain this fence in place of the required Type B: Partial
Screening required.
Zoning and Land Use History And Trends:
Mishawaka Avenue has historically been a mix of commercial and residential uses. The
site was previously a gas station and has operated with auto oriented uses even after the
removal of the gas pumps.
APC # 2726 -14 Page 1 of 3
Staff Report
11/6/2014
2) from the required 7 parking spaces to 2; and
3) from the required Type B: partial screening on the south property line to a 6' privacy
fence.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance or Special Exception Use can be approved. These standards are
attached and made part of the staff report.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation. The
staff recommends approval of the variances.
Analysis:
The site has been commercial for many years and is part of the larger Mishawaka Avenue
commercial strip. The rezoning will allow an adaptive reuse of the site consistent with the
other commercial uses in the area.
APC # 2726 -14 Page 3 of 3
PAU LE
m
a
0
U
Mishawaka
Rezoning from:
"LB" LOCAL BUSINESS DISTRICT to
"CB" COMMUNITY BUSINESS DISTRICT
N
MASTER ZONING KEY w e
SOUTH BEND "SF2" SINGLE FAV ILY.AND TWO F.AIvIILY DISTRICT s
SOUTH BEND "lvIU" WAXED USE DISTRICT
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT
SOUTH BEND "CB" COWINI UNITY BUSINESS DISTRICT
1 inch = 50 feet
APC # 2726 -94
(S-M No, � 3 -.y
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $600,000
FROM GENERAL FUND ( #101), $45,000 FROM ECONOMIC DEVELOPMENT
STATE GRANT FUND (#210),$280,000 DEPARTMENT OF COMMUNITY
INVESTMENT FUND (#212),$50,000 FROM HUMAN RIGHTS GRANT FUND
( #258), $20,000 FROM HAZMAT FUND ( #289), $3,184 FROM HALL OF FAME
DEBT SERVICE FUND (#313),$5,038 FROM CUMULATIVE CAPITAL
IMPROVEMENT FUND ( #407) AND $1,448,174 FROM EMPLOYEE BENEFITS
FUND ( #711).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2014 operating and capital budgets in
2013 (Ordinance #10264 -13, passed October 30, 2013) which included expenditures for
various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2014 and
set apart within the following designated funds for expenditures as follows:
Fund
Amount
General Fund ( #101)
$ 600,000
Economic Development State Grant Fund ( #210)
45,000
Department of Community Investment ( 4212)
280,000
Human Rights Grant Fund ( #258)
50,000
HazMat Fund ( #289)
20,000
Hall of Fame Debt Service Fund ( 4313)
3,184
Cumulative Capital Improvement Fund ( #407)
5,038
Employee Benefits Fund ( #711)
1,448,147
TOTAL
2.451.396
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
6��7 V3 W,14, / 41--i
Member of the Common Coun ic—
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
— day of , 2014 at o'clock _. m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
, 2014 at
Mayor, City of South Bend, Indiana
61 CleiWr.
i.,i REAMN'G
M4
PUBUC HEARING
3 rd REAMING
NOT APPROVED
REFERRED r ju
PASSED
Filed in Uan,,.'s U�rjjce
A " 7— 19 2014
I
.-A
CITY
IN
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 18, 2014
Mr. Oliver Davis, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4' Floor
South Bend, Indiana 46601
RE: December 2014 Appropriation Ordinance – Civil City Funds
Dear President Davis,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end. For 2014, we plan to propose adjustments
during three time periods— March, July and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for I" reading on November 24, 2014 with
2 "d reading, public hearing and 3`d reading scheduled for December 8, 2014.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me'at 574- 235 -7678.
S s,
. iThy . Murphy°' /'`_
City Controller
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
dice
. .........
"
19 2014
._..
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $244,500 FROM
SOLID WASTE FUND (4610),$168,094 FROM SEWAGE CAPITAL FUND ( #642),
$6 FROM 2007 SEWER BONDS FUND (#647),$200 FROM SEWAGE WORKS
SINKING FUND (#649),$2,221 FROM 2010 SEWER BOND FUND ( 4658), AND
($19,100,000) FROM 2013 SEWER BOND FUND ( #663).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2014 operating and capital budgets in
2013 (Ordinance #10265 -13, passed October 30, 2013), which included expenditures for
various City enterprise operations. It is now necessary to appropriate additional funds for
operational expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2014 and
set apart within the following designated funds for operational expenses as follows:
Fund
Amount
Solid Waste Operations Fund ( #610)
$244,500
Sewage Capital Fund ( #642)
168,094
2007 Sewer Bond Fund ( #647)
6
Sewage Works Sinking Fund ( #649)
200
2010 Sewer Bond Fund ( #658)
2,221
2013 Sewer Bond Fund ( #663)
(19.100.000)
TOTAL
($18:684.9791
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Attest:
City Clerk
Member of the Common Coun
�F'v3 7 and
Ci0Gilitii
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2014, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
, 2014, at
Mayor, City of South Bend, Indiana
Fired .4.
..ZQ14�I
1st READING
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 18, 2014
Mr. Oliver Davis, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: December 2014 Appropriation Ordinance – Enterprise Funds
Dear President, Davis,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end. For 2014, we plan to propose adjustments
during three time periods— March, July and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1' reading on November 24, 2014 with
2 "d reading, public hearing and 3`d reading scheduled for December 8, 2014.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Regards,
J H. Murrphm ?.__
City Controller
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
File
^...._
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ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
(Ordinances #10264 -13 and #10265 -13 passed on October 30, 2013) which necessitate
the increase and reduction of appropriations within the various departments of the
General Fund and other funds of the City of South Bend during 2014.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Attest:
City Clerk
Member of the Common Council
aGre 1F^. L4 �z aRg SfYd
Council a�luD0 c1' UJJ laDue.
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of 2014, at o'clock . m.
Approved and signed by me on the
o'clock . m.
READING
PUBLIC HEARING
3 rd READING
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PASSED
Deputy City Clerk
day of
, 2014, at
Mayor, City of South Berad;'. � CIa-s W -s 0 ff1ce
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CRY CLEF
120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 18, 2014
Mr. Oliver Davis, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 41 Floor
South Bend, Indiana 46601
RE: December 2014 Budget Transfer: Ordinance
Dear President Davis,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end. For 2014, we plan to propose adjustments
during three time periods— March, July and December.
Based on our budget review, we are submitting the enclosed ordinance for transfers
between various departments and cost categories within the same funds for your
consideration. No additional appropriation is requested in this ordinance.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for I" reading on November 24, 2014 with
2nd reading, public hearing and 3d reading scheduled for December 8, 2014.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Rega ds,
J H. Murp
rty Controller
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
119 4014
CITY CLEW""'. s.a. ...._`` %IN
01� V
Substitute Bill No.59 -14
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTHBEND MUNICIPAL CODE
ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION
STATEMENT OF PURPOSE AND INTENT
On November 26, 2007, the South Bend Common Council passed Ordinance No. 9810 -07.
That ordinance created city -wide regulations addressing the registration and maintenance of vacant
and abandoned buildings. In 2007, the City of South Bend initiated a three -year program costing
$6.825 million to reduce the City's vacant houses by more than 115 and to reduce abandoned
housed by 72 %.
On February 27, 2013, the "Vacant & Abandoned Properties Task Force Report" was
released with Mayor Buttigieg called for 1,000 houses to be addressed in 1,000 days. A
combination of rehabilitation and demolition activities has been ongoing. As of the introduction
of this ordinance which would raise the annual registration fee, 606 properties have been
addressed.
The ongoing costs to the city for these programs are continuing to increase. Therefore the
following fee adjustments are proposed, which are believed to be in the best interests of the City
of South Bend, Indiana.
A /cr,ire, � l�r /riiirFd /� / /f- Vrnrnroir U nir i /c� //i i/� � n// rrd,
Section I. Section 6 -37.1 (h) of the South Bend Municipal Code is hereby amended to read
as follows:
(h) Registration Fees.
(1) The owner of any building required to be registered under this section shall pay an annual
registration fee to the Department of Code Enforcement upon registration. However, the
owner of a building that is vacant but not abandoned within the meaning of this section,
who voluntarily registers the building pursuant to Subsection (d)(3), is not required to pay
a registration fee.
(2) If the building is used for or zoned for residential purposes and contains not more than
three (3) residential units the registration fee shall be fifty dellaf 0) two hundred
fifty dollars ($250.00) per year.
Ordinance Amending Vacant Building Maintenance and Registration Regulations
Page 2
(3) If the building is used or zoned for residential purposes and contains more than three (3)
residential units, or if it is used or zoned for any non - residential purposes, the fee shall be
e ,u,aurtia and aa.. dolaars ($250.00) five hundred dollars ($500.00) for the first year or
any part thereof, three hundred and seventy five dollars ($375.00) seven hundred fifty
dollars ($750.00) for the second year or any part thereof, and
($300:008) one thousand dollars ($1,000.00) for the third and each subsequent year or any
part thereof that the property is required to be registered pursuant to this section.
(4) The purpose of the registration fee is to reimburse the Department of Code Enforcement
for the costs of continual monitoring the property by trained staff, and the additional costs
of responding to emergencies and property maintenance requirements for a vacant and
abandoned building, which includes but is not limited to personnel costs associated
therewith to see that there is compliance with regard to repairs demolition blight
elimination, deconstruction, and legal expenses incurred by the city.
(5) The Director of Code Enforcement shall have the limited authority to waive accrued fees
and/or fines on a case by case basis when those costs are determined to impede positive
action on an individual property to rehabilitate it for public benefit.
Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word 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.
Tim Scott, I` District Council Member
South Bend Common Council
Ilii—a
John Voorde, City Clerk
Ordinance Amending Vacant Building Maintenance and Registration Regulations
Page 3
�s�re %i/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2014, at
41-1roielaiul iiiee/by me on the
m.
i si READING t0
PUBLIC MAF,�NG
3 rd READING
NOT APPROVED
REieRR €D
PASSED
o'clock _. m.
Janice Talboom, Deputy Clerk
day of , 2014, at
Pete Buttigieg
Mayor of the City of South Bend, Indiana
o'clock
Filed fn r.'li�rk's Office
5 2014
JOHN NOORDE
CITY CLERK, SOUTH r'JEHD, IN �
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd (574) 235 -9321
South Bend, Indiana 46601 -1830 Fax (574) 235 -9173
http://www.southbendin.gov
of the Whole
December 5, 2014
Tim Scott
Members of the South Bend Common Council
First District
4" Floor County -City Building
Henry Davis, Jr.
South Bend, Indiana 46601
Second District
Re: Substitute Bill No. 59 -14 Regulations Vacant Building Maintenance and
Valerie Schey
Registration Fees
Third District
Dear Council Members:
Fred Ferlic
Fourth District
Since Bill No. 59 -14 was filed with the Office of the City Clerk on October 21", I
David Varner
have had the opportunity to have additional discussions with the City
Fifth District
Administration on the process of potentially implementing the requested changes
after they receive Council review and approval.
Oliver J. Davis
Sixth District
Substitute Bill No. 59 -14 would provide a process for waiver of fees and/or fines
on a limited case by case basis.
Derek D. Dieter
At Large
I seek your support of these needed changes and look forward to discussing this
Bill with you on Monday at the Health and Public Safety Committee.. Thank you.
Gavin Fexlic
At Large
^'
Most sincere y,
Karen L. White
At Large
Tim e
First District Council Member
Attachment
Hied in �k'S Office
2014
styH2 voop rz
CITY CLERK, S "0LITH OEND, IN
12 0
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION
STATEMENT OF PURPOSE AND INTENT
On November 26, 2007, the South Bend Common Council passed Ordinance No. 9810 -07.
That ordinance created city -wide regulations addressing the registration and maintenance of vacant
and abandoned buildings. In 2007, the City of South Bend initiated a three -year program costing
$6.825 million to reduce the City's vacant houses by more than 115 and to reduce abandoned
housed by 72 %.
On February 27, 2013, the "Vacant & Abandoned Properties Task Force Report" was
released with Mayor Buttigieg called for 1,000 houses to be addressed in 1,000 days. A
combination of rehabilitation and demolition activities has been ongoing. As of the introduction
of this ordinance which would raise the annual registration fee, 606 properties have been
addressed.
The ongoing costs to the city for these programs are continuing to increase. Therefore the
following fee adjustments are proposed, which are believed to be in the best interests of the City
of South Bend, Indiana.
%lira <`r //ir /•ri.i- y / %n /riiui/ // / //• 'f >ruuiuwi
/�'
� tau // ✓Jrn //,
Section I. Section 6 -37.1 (h) of the South Bend Municipal Code is hereby amended to read
as follows:
(h) Registration Fees.
(1) The owner of any building required to be registered under this section shall pay an annual
registration fee to the Department of Code Enforcement upon registration. However, the
owner of a building that is vacant but not abandoned within the meaning of this section,
who voluntarily registers the building pursuant to Subsection (d)(3), is not required to pay
a registration fee.
(2) If the building is used for or zoned for residential purposes and contains not more than
three (3) residential units the registration fee shall be ft:;y ''e'�$50.00) two hundred
fifty dollars ($250.00) per year.
Ordinance Amending Vacant Building Maintenance and Registration Regulations
Page 2
(3) If the building is used or zoned for residential purposes and contains more than three (3)
residential units, or if it is used or zoned for any non - residential purposes, the fee shall be
two huadred-afid-fi#YA0lhws-($250-." five hundred dollars ($500.00) for the first year or
any part thereof, ) seven hundred fifty
_dollars ($750.00) for the second year or any part thereof, and &xe : w a j a a
($500:000) one thousand dollars ($1,000.00) for the third and each subsequent year or » an
part thereof that the property is required to be registered pursuant to this section.
(4) The purpose of the registration fee is to reimburse the Department of Code Enforcement
for the costs of continual monitoring the property by trained staff, and the additional costs
of responding to emergencies and property maintenance requirements for a vacant and
abandoned building, which includes but is not limited to Personnel costs associated
therewith to see that there is compliance with regard to repairs, demolition blight
elimination, deconstruction, and legal expenses incurred by the city.
Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word 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 II1. this ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication.
Tim Scott, 1" District Council Member
South Bend Common Council
�%l /lei/••
John Voorde, City Clerk
Ordinance Amending Vacant Building Maintenance and Registration Regulations
Page 3
�7>v<krrlee/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2014, at o'clock . m.
m.
tst READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASX,'
l:.
Janice Talboom, Deputy Clerk
rravr(n, d yi, dby me on the _ day
2014, at o'clock
Pete Buttigieg
Mayor of the City of South Bend, Indiana
Filed in office
JOHN VC,iy 8E
CITY CLERK, SOUTH BEND, IN
�S.UT �F..
City of South Bend
Common Council
rN65_ 441 County -City Building • 227 W. Jefferson Blvd
South Bend, Indiana 4660 1 -1 83 0
Oliver J. Davis October 21, 2014
President
Members of the South Bend Common Council
Derek D. Dieter 41h Floor County -City Building
Vice - President South Bend, Indiana 46601
(574) 235 -9321
Fax (574) 235 -9173
http: / /www.southbendin.gov
Valerie Schey
Chairperson, Committee
Re: Vacant Building Maintenance and Registration Fees
of the Whole
Dear Council Members:
Tim Scott
First District
It has been over seven (7) years since the annual registration fee amounts for vacant
buildings have been reviewed and updated.
Henry Davis, Jr.
Second District
The fees charged are to the owner of property that is vacant so that they
Valerie Schey
are carrying
some of the burden to address these properties, rather than all of that expense being
Third District
on our taxpayers. The attached ordinance would increase the fees charged in
Section 6 -37.1 (h) to reflect the costs being incurred by the City.
Fred Ferlic
Fourth District
As of this month, as posted on the City's website, the City of South Bend is
continuing to make progress on our vacant and abandoned housing initiative. It
David Varner
reports the following:
Fifth District
Oliver J. Davis 188 Houses Repaired
Sixth District 297 Houses Demolished
6 CDC Partner Houses
Derek D. Dieter 62 State Blight Elimination Program
At Large 8 Houses Under Contract for Deconstruction
45 Houses Under Contract for Demolition
Gavin Ferlic 606 Total"
At Large
I seek your support of these needed changes. I look forward to discussing this with
Karen L. White you. I recommend that the Bill be referred to the Health and Public Safety
At Large Committee so that it can be heard by the Common Council on November 10.
Thank you.
Most sincerelX
Tim Scot"
First District Council Member
Attachment
Filed lr° - cc
F 1 [U14
JOHN VOOAD&
CITY CIERY, SOUTH BEND, IN
Substitute Bill No. 62 -14
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE BY THE
INCLUSION OF NEW SECTION 2 -9.1 ADDRESSING POLICIES AND PROCEDURES
GOVERNING CITY -OWNED TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA
AND SOCIAL NETWORKING POLICES AND PROCEDURES
STATEMENT OF PURPOSE AND INTENT
On January 16, 2013, Policy # 01 -2013 governing members of the South Bend Common Council
took effect which created Interim Policies and Procedures addressing City -Owned Technologies which
are currently in effect.
On February 1, 2013, Policy # 02 -2013 governing members of the South Bend Common Council
took effect which created Interim Policies and Procedures addressing Facebook Standards. These policies
were deemed necessary in light of the Common Council beginning to transition from a paper -driven
legislative body to using advanced technologies including but not limited to city -owned computers and
city -owned Ipads. Both of these referenced Interim Policies and Procedures have been updated and are
included in the proposed ordinance.
On June 24, 2014, proposed "Supplemental Social Media Practices and Guidelines" was shared
with the Common Council. That draft recommended twenty -five (25) supplemental guidelines and
incorporated many policies which are used by other communities and many Fortune 500 companies.
Additionally, all three (3) areas summarized above have had input from the City of South Bend's
Human Resources Director and the City's Information Technologies staff of the Department of
Administration and Finance. These policies and procedures would formally govern members of the South
Bend Common Council setting forth best practices to help keep pace with the ever - changing technologies.
They would be codified into Chapter 2 of the South Bend Municipal Code along with other Common
Council regulations. Best practices governing many federal departments have also been studied and
reviewed.
Today Council Members communicate, collaborate and exchange information using a variety of
the latest technologies. It is acknowledged that opportunities to engage the public are often not without
risk. This ordinance is intended to address responsible and appropriate use of these new technological
resources, and also strives to maintain compliance with the State of Indiana's Open Meeting and Public
Records laws. This ordinance is believed to be in the best interests of the City of South Bend, Indiana, in
seeking and maintaining the highest standards of respect, integrity, and professionalism of all the
individuals elected to serve in legislative branch of city government.
/er ne, on/a "w/f //e v6imoie 9cuir rl cf' / /re r�. u// iu� diaizry a:
Ir//au"6 :
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 2
Section I. Chapter 2, Article 1 of the South Bend Municipal Code is hereby amended by the
inclusion of new Section 2 -9.1 which shall read in its entirety as follows:
Sec. 2-9.1 Policies and Procedures Governing City -Owned Technologies, Facebook Standards,
Social Media and Social Networking.
(a) Purpose and Intent. The following policies and procedures shall govern the official
and the ;'.o~ effleial personal use of any and all city -owned technologies; and Privately owned
teehnelegies, usage of the usage of Council- related Facebook, social media and social networking
services and tools by any person elected to serve as a member of the South Bend Common Council.
These policies and procedures shall govern various types of communication and public engagement
including but not limited to:
I Email and text messagingt
2. Media Sharing — Examples: You Tube, iTunes
3. Blogging/Microblogging — Examples: WordPress, Blogger, Twitter
4. Social Networking — Examples: Facebook, MySpace, LinkedIn, Ning
5. Document and Data Sharing Repositories: Examples: Scribd, S1ideShare, Socrata
6. Social Bookmarking — Examples: Delicious, Digg, Reddit
7. Widgets — Examples: Google Maps, AddThis, Facebook "Like"
(b) City -Owned Technologies. All technology resources owned by the City of South
Bend, Indiana, which are permitted to be used by a member of the South Bend Common Council shall be
used in compliance with the following regulations:
1. Technology resources are to be used primarily to serve the governmental need of the City of
South Bend.
2. Technology resources maybe used for personal purposes on a limited basis, provided there is:
i. No marginal cost to the City of South Bend
ii. No interference with government responsibilities
iii. No political activities
iv. No accessing of sites which promote laws which are contrary to the city, state or federal
governments
' Indiana's Public Access Counselor Luke H. Britt ruled that private email accounts are public record if they involve official
business under Indiana's Access to Public Records Act. In the Advisory Opinion in Formal Complaint 14 -FC -199 issued on
October 8, 2014, he noted that "when a public official avails himself to any communication medium, whether it is phone, email
or text message, he is availing himself of the Indiana access laws when communicating in his official capacity... the public
official is basically on the honor system to either produce the requested emails or identify an APRA exception to
disclosure... the best transparent practice would be to implement a policy where email communication on private accounts
dealing with public business is considered potentially disclosable public record.
Ordinance Amending SSMC Creating New Section 2 -9.1
Page 3
V. No accessing of inappropriate sites including but not limited to adult content, online
gambling, dating services and online shopping
vi. No accessing sites which promote illegal activities, trademark and copyright violations
vii. No accessing sites that distribute computer security exploits (hacking sites)
3. If any of the above - listed prohibited uses are required for a legitimate government reason, an
exception process must be followed.
4. No Expectation of Privacy: Nothing in this sub - section confers an individual right or should
be construed to provide an expectation of privacy. The provisions of the Indiana Open Door
Law codified at Indiana Code § 5- 14 -1.5 and the Indiana's Access to Public Records Law
codified at Indiana Code § 5 -14 -3 govern.
5. Further Responsibilities: Each Council Member is expected to:
i. Monitor personal use of the intemet, messaging and other applications to ensure that
the City of South Bend is being appropriately served
ii. Adhere to the policies and procedures addressed herein
iii. Read and adhere to any additional policies and procedures developed by the Council's
Information and Technology Committee
6. Exception Process: Exceptions to these policies and procedures must be requested in writing
to the Chairperson of the Common Council's Information and Technology Committee. All
exceptions must be documented in writing and retained according to existing schedules.
Exceptions may be granted on a limited -time basis only.
7. South Bend Municipal Code: All governing policies codified in Chapter 2 of the South Bend
Municipal Code addressing the Common Council shall be adhered to when using such
technology resources.
(c) Facebook Standards. Facebook is a social networking site which is operated worldwide by
Facebook, Inc. The company builds tools which are designed to enable its users to connect, share and
communicate with others. Facebook is being used by businesses and governmental entities to help
promote communication on various activities, events, projects and programs. The Council's Facebook
page is designed to drive traffic to the City's website and to inform more people about the City Council.
The following policies and procedures are to be used in conjunction with all other policies and procedures
addressed in this Section.
Initial Requirements: When a Council Member determines that he or she has a government
need for a Facebook account, the Council Member shall be required to submit a request their
proposed page to the
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 4
Council's Information and Technology GhaiFpeesen or to the Common Council for approval.
ereate the bailerplate business page &r- the Fe"esfing Getineil Member-, with the City's 1T-
r,:..:.isn w,:..R ......:1..1.1., r _ 1..iek tip ..,.sist..ne The primary contact person shall be the
Council's ITC Chairperson, with the City's IT Division being the primary back -up for
technical assistance. Applications shall not be added to a City Facebook site, without prior
approval by the IT members designated herein. All City providing branding images must meet
the City of South Bend, Indiana branding standards.
2. Content:
Type of "Pages"
i. The Council's ITC Chairperson, with the City's IT Division being the primary
backup, may provide technical advise to create "Pages" in Facebook, not "Groups ".
Facebook "Pages" offer distinct advantages including greater visibility,
measurability and customization. Community pages may be accepted as is unless
there is a copyright /trademark issue or concern.
ii. For "type" description, choose "government ".
Boilerplate Requirements:
i. The IT members designated in these policies and procedures will standardize and
provide the Facebook page's image, consisting of a picture and the City's official
logo or seal.
ii. Each Council Member may include a brief welcome and biography of
himself/herself as it relates to publicly serving on the Common Council on the Wall
Page and send users first to the Wall to connect to the freshest content. Boilerplate
policy text regarding public disclosure and comments must be created using the
FBML static page application. A City boilerplate disclaimer statement must follow
the introductory statement which shall read as follows:
"(Name of Council Member) is a member of the South Bend
Common Council. This site is intended to serve as a mechanism for
communication between the public and the Council Member on listed
topics. Any comments submitted to this page and its list of fans are public
records subject to disclosure under the State of Indiana's Access to Public
Records law codified at Indiana Code § 5 -14 -3. All public disclosure
request must be directed to the of South Bend's Department of Law"
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 5
iii. If comments are turned on in very limited situations, the Wall page must include a
link to a Comment Policy tab with the following disclaimer:
"Comments posted to this page will be monitored. Under the Qty'-s
Council's blogging policy, the City of South Bend reserves the right to
remove inappropriate comments including but not limited to those which
have obscene language or sexual content, threaten or defame any person or
organization, are of a political nature, promote illegal activity or violate any
local, state or federal laws ".
Users will be encouraged to contact a Council Member directly rather than having
"give and take" comments; and shall be directed to www.southbendin. gov for more
information.
Link to the City of South Bend:
i. A link to the City's website located at www.southbendin.eov must be included on
the Info page.
ii. Common Council Member pages should be page favorites of other City Facebook
pages.
Page Naming:
i. Page name must be descriptive of the Council Member
ii. Each participating Council Member shall choose carefully with consideration for
abbreviations, slang iterations, etc.
iii. The IT members designated in these policies and procedures shall review and
approve qualifying proposed names which meet the City's policies and procedures.
Page Administrators:
i. A successful Page requires "babysitting". The Common Council President- sIu3II
may be the Public Information Officer (PIO) with the Information and Technology
Committee Chairperson and the City's IT Division being the immediate back -ups.
The PIO shall may be responsible for monitoring the Facebook page(s). Posts
should be approved by the PIO or a designated back -up. The PIO is responsible for
making sure that content is not stale and taking appropriate action thereafter.
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 6
ii. Each participating Council Member shall be an Administrator of their Facebook
page. All postings must include a by -line of the Council Member posting. The PIO
has the right to remove any inappropriate postings upon receiving a complaint
which do not comply with these standards.
iii. The City of South Bend reserves the right to have additional Administrators to
oversee compliance with these policies and procedures.
Comments and Discussion Boards:
Style:
Comments to the Wall generally will may be turned off, but may be allowed only
on a case -by -case basis upon the request of a Council Member and approved by the
IT members designated in these policies and procedures. Diseussion Boards shall
be fried off.
i. City of South Bend Facebook pages will be based on a template that includes
consistent City branding. Only the IT members designated in these policies and
procedures will be able to provide requesting Council Members with the template.
ii. Council Members may be required to attend a training session prior to any
Facebook page being developed, and additional training sessions as changes to this
technology evolve.
iii. Council Members are required to use proper grammar and standard AP Associated
Press style, avoiding jargon and abbreviations. Facebook is more casual than other
communication tools however, Council Members still represent the City of South
Bend at all times, and the highest standards of professionalism and decorum are
expected and required.
Applications:
There are literally thousands of Facebook applications. Common applications can
allow users to stream video and music, post photos, and view and subscribe to Rich
Site Summary (RSS) feeds; and while many may be useful to the Page's mission,
many can cause clutter and security risks.
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 7
An application shall not be used unless it serves a governmental purpose, adds to
the user experience, comes from a trusted source and is approved by the IT
members designated in these policies and procedures.
iii. An application may be removed at any time by the City if there is significant reason
to believe that it is causing a security breach or is spreading viruses.
Archive:
Any additional protocols developed by the City of South Bend must be complied
with in conjunction with a City -wide designated City e -mail account designated for
each Council Member.
ii. Content which cannot be retrieved from Facebook via the API and is required to be
retained as a record will be required to be printed and maintained in accordance
with the City of South Bend's records retention policies.
(d) Social Media and Social Networking Policies and Procedures. The many forms of social media
are ever - changing. The following policies and procedures shall govern all Common Council Members
when using social media and social networking sites, regardless of whether such usage is in an official
capacity as an elected official. . These policies and procedures
shall govern when such usage is on any and all city -owned technologies and any and all privately -owned
technologies. The following policies and procedures are to be used in conjunction with all other policies
and procedures addressed in this Section.
Responsibility and Consequences: If a Council Member has a question with regard to
the usage of social media and/or social networking, he /she shall contact the Public
Information Officer (PIO) for the Council. Each participating Council Member takes
responsibility for conversation(s) he or she starts, with the Council Member being ever
mindful of the fact that his or her actions online reflect on his or her integrity as a
Council Member, the entire Common Council, and the City of South Bend, Indiana.
2. Identity, Signature and Timestamp: All participating Council Members must identify
one's self and sign his or her post or at a minimum leave one's initials to the Common
Council Facebook page or any other authorized social media formally established by
the Council. Council Members must identify himself or herself and make clear from
whom any social media statement is originating. Council posts must clearly show when
the information was published; and if the form of social media does not automatically
include a time stamp, he or she must then use a template indicating the date and time.
Example "11/01/14,1:35 p.m."
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 8
3. Photo /Video Release Form and Use of Images: If a Council Member decides to post
an image(s) to social media, he or she must not violate any copyright, trademark, logo
or governing City of South Bend branding policies. Any photo /video /image considered
to be obscene or effi�nsiv is prohibited to be posted.
4. Disclaimer: If a Council Member's public content online is relevant to the City of
South Bend, he or she must clearly communicate that he or she is communicating on
behalf of himself or herself and not the City of South Bend. Participating Council
Members shall include the following statement "The views expressed on this site (or in
this post) are one's own and do not necessarily represent the positions of the city, its
officers or officials, strategies or opinions ".
5. Compliance with Applicable Laws and Policies /Procedures: Each Council Member
who decides to use social media is responsible for complying with all applicable
federal, state, county and city laws, policies and procedures.
6. Emergencies and Official City Business: For official statements published by the City
of South Bend and during all emergencies, all social media contact and postings must
be coordinated with the City of South Bend Director of Communications, as part of its
Emergency Support Function. Depending on the type of incident/declared emergency,
publishers may be directed to point to special social media sites that will serve as the
main source(s) of information, which in such circumstances may be directed by the
Emergency Management Agency. In such instances, Facebook Share or retweet
Council or City information to fans /followers may be done as needed in order to ensure
message accuracy and consistency.
7. Assume that Everything One Writes On Line Will Become Public: Each Council
Member should always operate on the assumption that everything is visible to
everyone. Participating Council Members shall log out of Facebook when shutting
down a computer to minimize hacking in your name. Council Members aF&fequ fed
to menite should consider monitoring what other people post to their page and
monitor what photos people tag where a Council Member appears in a photo. Council
Members are required to protect confidential information.
8. Post Only Legally Accurate Information: Participating Council Members must comply
with the State of Indiana's Open Meeting law and Public Records law. Therefore posts
regarding official City of South Bend business shall always be in compliance with such
laws protecting confidential material and be in compliance with copyright, trademark,
logo and branding laws, policies and procedures. Links may be made to sources or
statements as references to ensure accuracy. Posts should be informative. -and based
on sustainable faets whieh ean be verified. Consider and verify all sources BEFORE
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 9
posting. Content gathered online is subject to the same attribution rules as other content.
Council Members shall proofread all posts for grammatical and spelling errors in addition
to verification of the accuracy of the information to be posted.
9. Attribution: In the event that a Council Member decides to publish an email or other
message he or she has received from a reader, the Council Member must be clear in his
or her post that the email or message is from another person and that the words are not
the words of the Council Members. BEFORE such a post is made, the Council Member
~•••zst eheek should consider checking the accuracy of the comment before republishing.
10. Honesty and Being Straightforward: All posts must be accurate and must avoid being
misleading in any way. Posts should be presented as being brief, accurate and to the
point. If a Council Member is alerted or discovers that a post which he or she made
may be misleading, that Council Member must correct the post as soon as possible.
11. Encourage Readers to Contribute: Council Members may encourage multiple
perspectives, additional knowledge and expertise which should be properly and
respectfully acknowledged.
12. Always Be Respectful: Posts may encourage comments of opposing ideas. Responses
shall be carefully considered in light of how such responses reflect upon the individual
Council Members, the Common Council and the City of South Bend, Indiana.
Disruptive behavior shall never be rewarded by a participating Council Member.
Council Members have the duty and responsibility to report any such instances as
consistent with these policies and procedures in a respectful manner.
13. Embracing Social Media is a Risk -Based Decision. Each Council Member who
individually decides to participate in using social media acknowledges the principle
that this is a "risk -based decision' .2
14. Defamatory Personal Attacks Prohibited: Postings shall never include profane or
defamatory personal attacks of any type. No Council Member shall post in a
defamatory or unprofessional manner. espeeially "ea ^ r t
z Guidelines for Secure Use of Social Media by Federal Departments and Agencies, prepared by the Information and Security
and Identify Management Committee (ISIMC), Network and Infrastructure Security Subcommittee (NISSC) and the Web 2.0
Security Working Group (W20SEG) (p. 6, 2009) noted that "The decision to embrace social media technology is a risk -based
decision not a technology based decision... in order to defend against rapidly evolving social media threats, departments and
agencies should include a multi - layered approach in a risk management program, including risks to the individual, risks to the
department or agency, and risks to the federal infrastructure ".
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 10
15. Participation and Endorsements: A Council Member who participates in an online
group should be aware that such participation may be seen as endorsing such views.
Council Members shall be aware decide to observe in a group's activities or become a
member thereby being governed by all rules of professional conduct.
16. Transparency and Requirement to Correct Mistakes: Council Members are responsible
for being transparent. If a Council Member has a personal interest it must be declared.
Transparency includes declarations of affiliations, perspectives or previous coverage
of a particular topic or individual. All conflicts of interests are specifically governed
by the Council's regulations addressed in the South Bend Municipal Code and Indiana
Code § 35- 44.1 -1 -4 addressing conflicts of interest. Council Members shall be open
about their mistakes. Council Members have a duty to issue a correction in a timely
manner to any post which was posted incorrectly or contained mistakes regardless of
what means of communication was used.
17. Integrity is a Core Value: Ethical principles do not change in differing media. The
standards which govern behavior and activities as Council Members addressed in
Chapter 2 of the South Bend Municipal Code apply online and offline.3
18. Compliance With All Governing Laws, Policies and Procedures. Any Council Member
who decides to use social media or any form of social networking is responsible for
complying with all of the governing regulations set forth in this Section of the South
Bend Municipal Code, and all other City policies and procedures, and applicable state
and federal laws.
(e) Violations 4 The Council recognizes that public confidence in the integrity of the Common
Council and its elected Common Council Members is essential to the exercise of good government.
Therefore any Council Member allegedly violating this Section shall be timely reported to the Office of
the City Clerk on a form available from that Office. Upon receipt, the Office of the City Clerk shall send
said verified form to the Council Member alleged to have violated this section. The Office of the City
Clerk shall simultaneously send the verified form to the Information and Technology Committee and the
City's Human Resources Director for a review of whether the allegation is sustainable and send their
recommendation(s) to the Council Rules Committee, with the recommendation from the Human
Resources Director being advisory only. Upon receipt of said recommendation(s), the Council Rules
Committee shall have the limited authority to accept or deny said finding regarding the allegation(s). A
majority vote of the voting members of the Council Rules Committee shall be required to implement the
following disciplinary action: a moratorium of all social media ranging from a minimum of three (3)
z Security Working Group (W20SEG) (p. 6, 2009) noted that when a person decides to embrace social media technology, risk
mitigation should include policies which "...focus on user behavior, both personal and professional ".
Violations of Section 2 -9.1 of the South Bend Municipal Code shall be exclusively governed by this paragraph and Indiana
Code § 364-6 -6.
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 11
months to a maximum of the remainder of the term of office of the Council Member. Each sustained
violation shall be subject to a public reprimand, in light of the fact that usage privileges of any city -owned
technologies or posting privileges to the Common Council Facebook page are public postings, and that
social media is public.
(f) Ongoing Training and Education. The Council's Information and Technology Committee
shall be responsible for hosting ongoing training and education sessions for members of the Common
Council. Each January a mandatory training and education session shall be required for all Council
Members.5
Section IV. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or
word 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 V. 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 effective February 2, 2015.
Tim Scott, I" District Council Member
Information & Technology Committee Chairperson
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Derek D. Dieter, Council Member at Large
South Bend Common Council
Gavin Ferlic, Council Member at Large
Information & Technology Committee Vice - Chairperson
South Bend Common Council
' It was recommended to Members of Congress that "Education and training on social media usage may help Members and
staff to understand how best to allocate time and resources for this work
and to understand the risks responsibilities
permanency and rapid pace of social media ", Congress & Social Media Sherri R Greenberg of the Lyndon B Johnson School
of Public Affairs. University of Texas at Austin. October 22 2012 p 21 The House Ethics Committee holds a mandatory
training session within the first sixty (60) days of employment.
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 12
Office of the City Clerk
Mie,4<irlei/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2014, at o'clock . m.
Janice Talboom, Deputy Clerk
me on the _ day of
Pete Buttigieg, Mayor
City of South Bend, Indiana
r :t e>"AD1Nc
61- 2-'1 -1 I
PUBLIC HEARING
3 rd READING
NOT APPROVED
It@FEN -ZM
PASSED
2014, at _ o'clock _.m.
Filed in G��:Vrk's Office
-8 ?Q14
t
CITY CL&,, 3Jci 3t 4040, IN
City of South Bend
Common Council
441 County -City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
Oliver J. Davis
President December 5, 2014
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Cc
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
Valerie Schey
Third District
Fred Ferlic
Fourth District
David Varner
Fifth District
Oliver J. Davis
Sixth District
Derek D. Dieter
At Large
Gavin Ferlic
At Large
Members of the Common Council
4th Floor County -City Building
South Bend, Indiana 466 -1
mmittee
Re: Substitute Bill No. 62 -14
Dear Council Members:
(574) 235 -9321
Fax (574) 235 -9173
http://www.southbendin.gov
In the interest of having the best possible local legislation addressing regulations for
members of the Common Council on city -owned technologies, Facebook Standards, and
Social Media & Social Networking, we are proposing a few changes which are aimed at
improving the Bill currently pending before the Council.
In keeping with the discussions which began before the Ipad roll out for the Council last
year, the Information and Technology Committee has focused on reviewing best practices
in all of these fast - changing areas. The proposed changes are indicated by cross thrus of
currently proposed language proposed to be deleted, with new language being underlined.
All of you should have the detailed summary of some of the many sources which were
reviewed during the preparation of these proposed regulations. The substitute bill
addresses each of the concerns raised this week by the Council President's ACLU attorney,
and is now more "narrowly tailored ". It also includes a new paragraph which focuses on
ongoing training and education.
This has and will continue to be a collaborative effort which is in the best interests of the
City of South Bend.
Karen L. White
At Large
Tim ` , District
Information and T hnolo y Com. Chairperson
Derek D. Dieter
Council Member at Large
Attachment
Karen L. White
Council Member at Large
Gavin Ferlic
Council Mex
Filed
il" %014
JORi" DE
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 2, ARTICLE I OF THE SOUTH BEND MUNICIPAL CODE BY THE
INCLUSION OF NEW SECTION 2 -9.1 ADDRESSING POLICIES AND PROCEDURES
GOVERNING CITY -OWNED TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA
AND SOCIAL NETWORKING POLICES AND PROCEDURES
STATEMENT OF PURPOSE AND INTENT
On January 16, 2013, Policy # 01 -201.3 governing members of the South Bend Common Council
took effect which created Interim Policies and Procedures addressing City-Owned Technologies which
are currently in effect.
On February 1, 2013, Policy # 02 -2013 governing members of the South Bend Common Council
took effect which created Interim Policies and Procedures addressing Facebook Standards. These policies
were deemed necessary in light of the Common Council beginning to transition from a paper -driven
legislative body to using advanced technologies including but not limited to city-owned computers and
city -owned Ipads. Both of these referenced Interim Policies and Procedures have been updated and are
included in the proposed ordinance.
On June 24, 2014, proposed "Supplemental Social Media Practices and Guidelines" was shared
with the Common Council. That draft recommended twenty -five (25) supplemental guidelines and
incorporated many policies which are used by other communities and many Fortune 500 companies.
Additionally, all three (3) areas summarized above have had input from the City of South Bend's
Human Resources Director and the City's Information Technologies staff of the Department of
Administration and Finance. These policies and procedures would formally govern members of the South
Bend Common Council setting forth best practices to help keep pace with the ever - changing technologies.
They would be codified into Chapter 2 of the South Bend Municipal Code along with other Common
Council regulations. Best practices governing many federal departments have also been studied and
reviewed.
Today Council Members communicate, collaborate and exchange information using a variety of
the latest technologies. It is acknowledged that opportunities to engage the public are often not without
risk. This ordinance is intended to address responsible and appropriate use of these new technological
resources, and also strives to maintain compliance with the State of Indiana's Open Meeting and Public
Records laws. This ordinance is believed to be in the best interests of the City of South Bend, Indiana, in
seeking and maintaining the highest standards of respect, integrity, and professionalism of all the
individuals elected to serve in legislative branch of city government.
cara kern �Te ,0 (JTnin ofi amwellel//e ��t ��qJcn //. �Ni�rl., rliai�n> rrl
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 2
Section I. Chapter 2, Article I of the South Bend Municipal Code is hereby amended by the
inclusion of new Section 2 -9.1 which shall read in its entirety as follows:
Sec. 2-9.1 Policies and Procedures Governing City-Owned Technologies, Facebook Standards,
Social Media and Social Networking.
(a) Purpose and Intent. The following policies and procedures shall govern the official
and the non - official personal use of any and all city -owned technologies and privately -owned
technologies, usage of Facebook, social media and social networking services and tools by any person
elected to serve as a member of the South Bend Common Council.
These policies and procedures shall govern various types of communication and public engagement
including but not limited to:
I Email and text messaging'
2. Media Sharing — Examples: You Tube, iTunes
3. Blogging/Microblogging — Examples: WordPress, Blogger, Twitter
4. Social Networking — Examples: Facebook, MySpace, LinkedIn, Ning
5. Document and Data Sharing Repositories: Examples: Scribd, SlideShare, Socrata
6. Social Bookmarking — Examples: Delicious, Digg, Reddit
7. Widgets — Examples: Google Maps, AddThis, Facebook "Like"
(b) City -Owned Technologies. All technology resources owned by the City of South
Bend, Indiana, which are permitted to be used by a member of the South Bend Common Council shall be
used in compliance with the following regulations:
1. Technology resources are to be used primarily to serve the governmental need of the City of
South Bend.
2. Technology resources maybe used for personal purposes on a limited basis, provided there is:
i. No marginal cost to the City of South Bend
ii. No interference with government responsibilities
iii. No political activities
iv. No accessing of sites which promote laws which are contrary to the city, state or federal
governments
' Indiana's Public Access Counselor Luke H. Britt ruled that private email accounts are public record if they involve official
business under Indiana's Access to Public Records Act. In the Advisory Opinion in Formal Complaint 14 -FC -199 issued on
October 8, 2014, he noted that "when a public official avails himself to any communication medium, whether it is phone, email
or text message, he is availing himself of the Indiana access laws when communicating in his official capacity ... the public
official is basically on the honor system to either produce the requested emails or identify an APRA exception to
disclosure... the best transparent practice would be to implement a policy where email communication on private accounts
dealing with public business is considered potentially disclosable public record.
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 3
V. No accessing of inappropriate sites including but not limited to adult content, online
gambling, dating services and online shopping
vi. No accessing sites which promote illegal activities, trademark and copyright violations
vii. No accessing sites that distribute computer security exploits (hacking sites)
3. If any of the above - listed prohibited uses are required for a legitimate government reason, an
exception process must be followed.
4. No Expectation of Privacy: Nothing in this sub - section confers an individual right or should
be construed to provide an expectation of privacy. The provisions of the Indiana Open Door
Law codified at Indiana Code § 5- 14 -1.5 and the Indiana's Access to Public Records Law
codified at Indiana Code § 5 -14 -3 govern.
5. Further Responsibilities: Each Council Member is expected to:
is Monitor personal use of the internet, messaging and other applications to ensure that
the City of South Bend is being appropriately served
ii. Adhere to the policies and procedures addressed herein
Read and adhere to any additional policies and procedures developed by the Council's
Information and Technology Committee
6. Excention Process: Exceptions to these policies and procedures must be requested in writing
to the Chairperson of the Common Council's Information and Technology Committee. All
exceptions must be documented in writing and retained according to existing schedules.
Exceptions may be granted on a limited -rime basis only.
7. South Bend Municipal Code: All governing policies codified in Chapter 2 of the South Bend
Municipal Code addressing the Common Council shall be adhered to when using such
technology resources.
(c) Facebook Standards. Facebook is a social networking site which is operated worldwide by
Facebook, Inc. The company builds tools which are designed to enable its users to connect, share and
communicate with others. Facebook is being used by businesses and governmental entities to help
promote communication on various activities, events, projects and programs. The Council's Facebook
page is designed to drive traffic to the City's website and to inform more people about the City Council.
The following policies and procedures are to be used in conjunction with all other policies and procedures
addressed in this Section.
I. Initial Requirements: When a Council Member determines that he or she has a government
need for a Facebook account, the Council Member shall be required to submit a request to the
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 4
Council's Information and Technology Chairperson. Once approved, the Council's
Information and Technology Committee (ITC) Chairperson, will create the boilerplate
business page for the requesting Council Member, with the City's IT Division being available
for back -up assistance. The primary contact person shall be the Council's ITC Chairperson,
with the City's IT Division being the primary back -up for assistance. Applications shall not
be added to a City Facebook site, without prior approval by the IT members designated herein.
All City providing branding images must meet the City of South Bend, Indiana branding
standards.
2. Content:
Type of "Pages"
i. The Council's ITC Chairperson, with the City's IT Division being the primary
backup, may create "Pages" in Facebook, not "Groups ". Facebook "Pages" offer
distinct advantages including greater visibility, measurability and customization.
Community pages may be accepted as is unless there is a copyright/trademark issue
or concern.
ii. For "type" description, choose "government ".
Boilerplate Requirements:
i. The IT members designated in these policies and procedures will standardize and
provide the Facebook page's image, consisting of a picture and the City's official
logo or seal.
ii. Each Council Member may include a brief welcome and biography of
himself/herself as it relates to publicly serving on the Common Council on the Wall
Page and send users first to the Wall to connect to the freshest content. Boilerplate
policy text regarding public disclosure and comments must be created using the
FBML static page application. A City boilerplate disclaimer statement must follow
the introductory statement which shall read as follows:
"(Name of Council Member) is a member of the South Bend
Common Council. This site is intended to serve as a mechanism for
communication between the public and the Council Member on listed
topics. Any comments submitted to this page and its list of fans are public
records subject to disclosure under the State of Indiana's Access to Public
Records law codified at Indiana Code § 5 -14 -3. All public disclosure
request must be directed to the of South Bend's Department of Law"
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 5
If comments are turned on in very limited situations, the Wall page must include a
link to a Comment Policy tab with the following disclaimer:
"Comments posted to this page will be monitored. Under the City's
blogging policy, the City of South Bend reserves the right to remove
inappropriate comments including but not limited to those which have
obscene language or sexual content, threaten or defame any person or
organization, are of a political nature, promote illegal activity or violate any
local, state or federal laws ".
Users will be encouraged to contact a Council Member directly rather than having
"give and take" comments; and shall be directed to www.southbendin.gov for more
information.
Link to the City of South Bend:
i. A link to the City's website located at www.southbendin gov must be included on
the Info page.
ii. Common Council Member pages should be page favorites of other City Facebook
pages.
Page Naming:
i. Page name must be descriptive of the Council Member
ii. Each participating Council Member shall choose carefully with consideration for
abbreviations, slang iterations, etc.
iii. The IT members designated in these policies and procedures shall review and
approve qualifying proposed names which meet the City's policies and procedures.
Page Administrators:
i. A successful Page requires "babysitting ". The Common Council President shall
be the Public Information Officer (PIO) with the Information and Technology
Committee Chairperson and the City's IT Division being the immediate back -ups.
The PIO shall be responsible for monitoring the Facebook page(s). Posts should
be approved by the PIO or a designated back -up. The PIO is responsible for making
sure that content is not stale and taking appropriate action thereafter.
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 6
ii. Each participating Council Member shall be an Administrator of their Facebook
page. All postings must include a by -line of the Council Member posting. The PI0
has the right to remove any inappropriate postings.
iii. The City of South Bend reserves the right to have additional Administrators to
oversee compliance with these policies and procedures.
Comments and Discussion Boards:
Style:
i. Comments to the Wall generally will be turned off, but may be allowed only on a
case -by -case basis upon the request of a Council Member and approved by the IT
members designated in these policies and procedures. Discussion Boards shall be
turned off.
i. City of South Bend Facebook pages will be based on a template that includes
consistent City branding. Only the IT members designated in these policies and
procedures will be able to provide requesting Council Members with the template.
ii. Council Members may be required to attend a training session prior to any
Facebook page being developed, and additional training sessions as changes to this
technology evolve.
iii. Council Members are required to use proper grammar and standard AP style,
avoiding jargon and abbreviations. Facebook is more casual than other
communication tools however, Council Members still represent the City of South
Bend at all times, and the highest standards of professionalism and decorum are
expected and required.
Applications:
i. There are literally thousands of Facebook applications. Common applications can
allow users to stream video and music, post photos, and view and subscribe to RSS
feeds; and while many may be useful to the Page's mission, many can cause clutter
and security risks.
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 7
ii. An application shall not be used unless it serves a governmental purpose, adds to
the user experience, comes from a trusted source and is approved by the IT
members designated in these policies and procedures.
Archive:
An application may be removed at any time by the City if there is significant reason
to believe that it is causing a security breach or is spreading viruses.
Any additional protocols developed by the City of South Bend must be complied
with in conjunction with a City-wide designated City e -mail account designated for
each Council Member.
ii. Content which cannot be retrieved from Facebook via the API and is required to be
retained as a record will be required to be printed and maintained in accordance
with the City of South Bend's records retention policies.
(d) Social Media and Social Networking Policies and Procedures. The many forms of social media
are ever - changing. The following policies and procedures shall govern all Common Council Members
when using social media and social networking sites, regardless of whether such usage is in an official
capacity as an elected official or privately in a non - official personal use. These policies and procedures
shall govern when such usage is on any and all city -owned technologies and any and all privately -owned
technologies. The following policies and procedures are to be used in conjunction with all other policies
and procedures addressed in this Section.
Responsihility and Consequences: If a Council Member has a question with regard to
the usage of social media and /or social networking, he /she shall contact the Public
Information Officer (PIO) for the Council. Each participating Council Member takes
responsibility for conversation(s) he or she starts, with the Council Member being ever
mindful of the fact that his or her actions online reflect on his or her integrity as a
Council Member, the entire Common Council, and the City of South Bend, Indiana.
2. Identity, Signature and Timestamp: All participating Council Members must identify
one's self and sign his or her post or at a minimum leave one's initials to the Common
Council Facebook page or any other authorized social media formally established by
the Council. Council Members must identify himself or herself and make clear from
whom any social media statement is originating. Council posts must clearly show when
the information was published; and if the form of social media does not automatically
include a time stamp, he or she must then use a template indicating the date and time.
Example "11/01/14,1:35 p.m."
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 8
3. Photo /video Release Form and Use oflmages: If a Council Member decides to post
an image(s) to social media, he or she must not violate any copyright, trademark, logo
or governing City of South Bend branding policies. Anyphoto /video /image considered
to be obscene or offensive is prohibited to be posted.
4. Disclaimer: If a Council Member's public content online is relevant to the City of
South Bend, he or she must clearly communicate that he or she is communicating on
behalf of himself or herself and not the City of South Bend. Participating Council
Members shall include the following statement "The views expressed on this site (or in
this post) are one's own and do not necessarily represent the positions of the city, its
officers or officials, strategies or opinions ".
5. Compliance with Applicable Laws and Policies /Procedures: Each Council Member
who decides to use social media is responsible for complying with all applicable
federal, state, county and city laws, policies and procedures.
6. Emergencies and Official City Business: For official statements published by the City
of South Bend and during all emergencies, all social media contact and postings must
be coordinated with the City of South Bend Director of Communications, as part of its
Emergency Support Function. Depending on the type of incident/declared emergency,
publishers may be directed to point to special social media sites that will serve as the
main source(s) of information, which in such circumstances may be directed by the
Emergency Management Agency. In such instances, Facebook Share or retweet
Council or City information to fans /followers may be done as needed in order to ensure
message accuracy and consistency.
Assume that Everything One Writes On Line Will Become Public: Each Council
Member should always operate on the assumption that everything is visible to
everyone. Participating Council Members shall log out of Facebook when shutting
down a computer to minimize hacking in your name. Council Members are required
to monitor what other people post to their page and monitor what photos people tag
where a Council Member appears in a photo. Council Members are required to protect
confidential information.
8. Post Only Legally Accurate Information: Participating Council Members must comply
with the State of Indiana's Open Meeting law and Public Records law. Therefore posts
regarding official City of South Bend business shall always be in compliance with such
laws protecting confidential material and be in compliance with copyright, trademark,
logo and branding laws, policies and procedures. Links may be made to sources or
statements as references to ensure accuracy. Posts should be informative and based on
sustainable facts which can be verified. Consider and verify all sources BEFORE
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 9
Posting. Content gathered online is subject to the same attribution rules as other content.
Council Members shall proofread all posts for grammatical and spelling errors in addition
to verification of the accuracy of the information to be posted.
9. Attribution: In the event that a Council Member decides to publish an email or other
message he or she has received from a reader, the Council Member must be clear in his
or her post that the email or message is from another person and that the words are not
the words of the Council Members. BEFORE such a post is made, the Council Member
must check the accuracy of the comment before republishing.
10. Honesty and Being Straightforward: All posts must be accurate and must avoid being
misleading in any way. Posts should be presented as being brief, accurate and to the
point. If a Council Member is alerted or discovers that a post which he or she made
may be misleading, that Council Member must correct the post as soon as possible.
11. Encourage Readers to Contribute: Council Members may encourage multiple
perspectives, additional knowledge and expertise which should be properly and
respectfully acknowledged.
12. Always Be Respectful: Posts may encourage comments of opposing ideas. Responses
shall be carefully considered in light of how such responses reflect upon the individual
Council Members, the Common Council and the City of South Bend, Indiana.
Disruptive behavior shall never be rewarded by a participating Council Member.
Council Members have the duty and responsibility to report any such instances as
consistent with these policies and procedures in a respectful manner.
13. Embracing Social Media is a Risk -Based Decision. Each Council Member who
individually decides to participate in using social media acknowledges the principle
that this is a "risk -based decision ".2
14. Defamatory Personal Attacks Prohibited. Postings shall never include profane or
defamatory personal attacks of any type. No Council Member shall post in a
defamatory or unprofessional manner especially when a person's post is critical to a
Council Member.
Z Guidelines for Secure Use of Social Media by Federal Departments and Agencies, prepared by the Information and Security
and Identify Management Committee (ISIMC), Network and Infrastructure Security Subcommittee (NISSC) and the Web 2.0
Security Working Group (W20SEG) (p. 6, 2009) noted that "The decision to embrace social media technology is a risk -based
decision not a technology based decision... in order to defend against rapidly evolving social media threats, departments and
agencies should include a multi - layered approach in a risk management program, including risks to the individual, risks to the
department or agency, and risks to the federal infrastructure ".
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 10
15. Participation and Endorsements: A Council Member who participates in an online
group should be aware that such participation may be seen as endorsing such views.
Council Members shall be aware decide to observe in a group's activities or become a
member thereby being governed by all rules of professional conduct.
16. Transparency and Requirement to Correct Mistakes: Council Members are responsible
for being transparent. If a Council Member has a personal interest it must be declared.
Transparency includes declarations of affiliations, perspectives or previous coverage
of a particular topic or individual. All conflicts of interests are specifically governed
by the Council's regulations addressed in the South Bend Municipal Code and Indiana
Code § 35- 44.1 -1 -4 addressing conflicts of interest. Council Members shall be open
about their mistakes. Council Members have a duty to issue a correction in a timely
manner to any post which was posted incorrectly or contained mistakes regardless of
what means of communication was used.
17. Integrity is a Core Value: Ethical principles do not change in differing media. The
standards which govern behavior and activities as Council Members addressed in
Chapter 2 of the South Bend Municipal Code apply online and offline.3
18. Compliance With All Governing Laws, Policies and Procedures. Any Council Member
who decides to use social media or any form of social networking is responsible for
complying with all of the governing regulations set forth in this Section of the South
Bend Municipal Code, and all other City policies and procedures, and applicable state
and federal laws.
(e) Violations.' The Council recognizes that public confidence in the integrity of the Common
Council and its elected Common Council Members is essential to the exercise of good government.
Therefore any Council Member allegedly violating this Section shall be timely reported to the Office of
the City Clerk on a form available from that Office. Upon receipt, the Office of the City Clerk shall send
said verified form to the Council Member alleged to have violated this section. The Office of the City
Clerk shall simultaneously send the verified form to the Information and Technology Committee and the
City's Human Resources Director for a review of whether the allegation is sustainable and send their
recommendation(s) to the Council Rules Committee. Upon receipt of said recommendation(s), the Council
Rules Committee shall have the limited authority to accept or deny said finding regarding the allegation(s).
A majority vote of the voting members of the Council Rules Committee shall be required to implement
the following disciplinary action: a moratorium of all social media ranging from a minimum of three (3)
months to a maximum of the remainder of the term of office of the Council Member. Each sustained
'Security Working Group (W20SEG) (p. 6, 2009) noted that when a person decides to embrace social media technology, risk
mitigation should include policies which "...focus on user behavior, both personal and professional ".
Violations of Section 2 -9.1 of the South Bend Municipal Code shall be exclusively governed by this paragraph and Indiana
Code § 36- 4 -6 -6.
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 11
violation shall be subject to a public reprimand, in light of the fact that usage privileges of any city-owned
technologies or posting privileges to the Common Council Facebook page are public postings, and that
social media is public.
Section IV. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or
word 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 V. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication.
Tim Scott, Ist District Council Member
Information & Technology Committee Chairperson
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Derek D. Dieter, Council Member at Large
South Bend Common Council
Ciavin Ferlic, Council Member at Large
Information & Technology Committee Vice- Chairperson
South Bend Common Council
Office of the City Clerk
0e,kvileelby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the _
day of 2014, at o'clock . M.
Janice Talboom, Deputy Clerk
Ordinance Amending SBMC Creating New Section 2 -9.1
Page 12
�y�r�'� ��i�i i/ ✓�i�rd by me on the _ day
1_1 R €.ADRSG2.Y'.�
PUB? f0 NE.RiNG
3 rd READING
NOT APPROVED
PEFERR €D
PMSED
Pete Buttigieg, Mayor
City of South Bend, Indiana
2014, at _ o'clock .m.
Filed ,, Ace
'19 , '19 X04
!ok!f
Gl LER c } ; a tiWD 14
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
November 12, 2014
Members of the South Bend Common Council
4rh Floor County -City Building
South Bend, Indiana 46601
(574) 235 -9321
Fax (574) 235 -9173
http://www.southbmdin.gov
Re: Polices and Procedures Governing City-Owned Technologies, Facebook
Standards, Social Media and Social Networking
Dear Council Members:
Henry Davis, Jr. We are pleased to introduce the attached ordinance which would formally
Second District incorporate policies and procedures governing City -Owned Technologies,
Facebook Standards, and Social Media and Social Networking into the South Bend
Valerie Schey Municipal Code as new Section 2 -9.1.
Third District
Fred Ferlic The Common Council has had in effect since early 2013, two (2) interim policies
Fourth District which address city -owned technologies and Facebook Standards. Those policies
were implemented when the Ipads were rolled out for the Council. Supplemental
David Varner social media and social networking policies were shared with the Council in June
Fifth District of this year, with ongoing input and research taking place thereafter.
Oliver J. Davis Proposed new Section 2 -9.1 incorporates "best practices" in each of these areas.
Sixth District Our research reviewed many municipal policies which have been used by various
offices. We also reviewed policies used by the federal government. For example,
Derek D. Dieter it was noted that:
At Large
Gavin Ferlic • "It is critical that social media tools be accessed and used in a responsible
At Large manner" (November 18, 2010 DOI Social Media Policy, pg. 2)
Karen L. White • `By exercising discretion and common sense when employing social media for
At Large professional or personal purposes, you will help assure that their great potential
is fully realized without inadvertently compromising our professional, legal, or
ethical standards... remember that standards of ethical behavior and other ethics
policies are applicable" (November 18, 2010 DOI Social Media Policy, pg. 4)
The Council Information and Technology Committee has had multiple discussions
on the fast - changing landscape of the Internet and online communications with the
public. As technology advances, the policies and procedures will be reviewed on
Cover Letter to Ordinance Creating SBMC § 19.1
November 12, 2014
Page 2
an ongoing basis, so that as a broader audience is reached the professionalism
expected of the South Bend's elected legislative members will also be advanced.
The proposed ordinance also provides that all of the proposed policies and
procedures would be supplemental to the State of Indiana's laws governing Open
Meetings and Public Records. As changes are made to those state laws, updates if
necessary, would be made to our local ordinance regulations.
We have collaborated with the City of South Bend's Human Resources Director
and the Information.Technology Division so that the proposed policies represent
the latest and best possible practices.
We request that this ordinance be referred to the Information and Technology
Committee and that it be set for public hearing, 2 I and Yd readings at the Monday,
December 8, 2014 Common Council meeting.
We seek your support of this ordinance. Thank you.
Most sincerely,
Tim,Scott,51.A.:strief C6upc$ Member
Information 9, Technology Committee Chairperson
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Derek D. Dieter, Council Member at Large
South Bend Common Council
Gavin Ferlic, Council Member at Large
Information & Technology Committee Vice- Chairperson
South Bend Common Council
Attachment
cc: Office of the City Clerk
Mayor Pete Buttigieg
Janet Cadotte, Human Resources Director
Shawn Delahanty, Interim Director of Information and Technology
(. (I100 -1$407
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
4946 Stern Line Court, 5004 Stern Line Court, and 4919 Bow Line Court
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
Cooreman Real Estate Group, Inc.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas Within the City as Residentially Distressed Areas
for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 4946 Stem
Line Court, 5004 Stern Line Court, and 4919 Bow Line Court, South Bend, Indiana, and which is
more particularly described as follows:
A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38
NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP
38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC.
CORNER "; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO
THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST
RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS
WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A
DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE
EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS,
AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE
SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES
02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES
20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS
EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD
BOOK 741, PAGES 475 -477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA;
(7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE
SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85
DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF
LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER;
THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A
DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48
MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51
SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST,
A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE
OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET;
THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH
0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48
MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN
THE REPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER
85258035 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID
LOT "A ", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE
ALONG THE EAST LINE OF SAID LOT "A ", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE
OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, BEING THE CENTERLINE OF
ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19
DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34
MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92
FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE
SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER
8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND
DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER;
THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES
45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES
49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS
EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP
38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49
SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION
WHICH INCLUDES LOTS I THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE,
AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST.
JOSEPH COUNTY, AS INSTRUMENT #0323151.
SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO
PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST,
GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING
MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST,
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A
POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET
FROM A 1" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID
SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51
SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE
OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26
FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH
LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE
NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH
89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID
2
SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48
MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A
DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT
ON A NON - TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A
CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET
BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG
SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES
03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48
MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER,
A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING
2.7 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD.
and this property has Tax Key Numbers 025- 1010 - 017645, 025- 1010 - 017647, and 025 -1010-
017678 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-
1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real property
tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1-
12.12 sea., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance No. 9394 -03, which was passed on
February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only one (1)
or two (2) family dwellings designed for up to four (4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently occupied
or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as documented
by census information, local building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not exceed
ten percent (10 %) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable standards
for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of this
nature;
C. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such
designation is for Real property tax abatement only and is limited to five (5) calendar years from
the date of adoption of the Declaratory Resolution by the Common Council as shown by the
attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. This resolution is passed as an exception to
the current City Code regarding the applicable building permit provision (Section 2- 84.7(c)13.
Previously, Council approved Resolution 4293 -13 lots 47, 73, 78, 88 as special exceptions for the
Villa at Lake Blackthorn because of conflict of City Code and building permits being pulled.
Because of this previous approved resolution, staff brings forward this tax abatement for approval.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and further determines
that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6 -1.1 -12.1 et sea.
El
SECTION V1. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
PRESENTE11, -
NOT APPRONO
t,[)OPTFJ
5 � (' U--- -j- 0�, (/-
Member of the Common Council
and
councgu
Filee. 'rt office
'wV N 14
CM' CLERK, SOU1 H &END, IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING AND ADOPTING THE WEST SIDE MAIN STREETS PLAN
WHEREAS, the City of South Bend, Indiana, recognizes the need to improve and revitalize
Lincoln Way West, Western Avenue, and adjoining west side neighborhoods through strategic planning;
and
WHEREAS, in 2006, City Plan, the Comprehensive Plan for South Bend, was adopted by the
Area Plan Commission of St. Joseph County and the Common Council of the City of South Bend
pursuant to the provisions of Indiana Code 36 -7 -4 -500 et. seq. as a statement of policy for the land use
development of the jurisdiction; and
WHEREAS, Policy LU 1.1 of City Plan is to "pursue the development of area - specific plans
with broad community involvement' to provide strategic direction in the future growth and development
of that area, and to achieve the City Plan Goal "to encourage sustainable growth that preserves and
enhances the character of South Bend and ensures compatibility of land uses in the community'; and
WHEREAS, the City of South Bend, together with its Redevelopment Commission and the
Urban Enterprise Association of South Bend, has undertaken the responsibility to prepare West Side Main
Streets: The Revitalization Plan for Lincoln Way, Western Avenue, and West Side Neighborhoods
( "West Side Main Streets Plan "); and
WHEREAS, the West Side Main Streets Plan is a market -based strategic revitalization plan that
was created with input from a variety of stakeholders, including Lincoln Way and Western Avenue
business and property owners and west side residents; and
WHEREAS, the West Side Main Streets Plan contains revitalization strategies, a detailed land
use plan for the development of the area, and a strategic implementation matrix, all with public and
private sector investment opportunities; and
WHEREAS, the Area Plan Commission of St. Joseph County has approved the West Side Main
Streets Plan by resolution, has certified it to Common Council of the City of South Bend, and has
provided it with a favorable recommendation; and
WHEREAS, the Common Council of the City of South Bend, Indiana has the authority to amend
a comprehensive plan if it finds the content to be appropriate and in the best interests of the community;
and
WHEREAS, the West Side Main Streets Plan, which is attached hereto and incorporated herein,
contains all the elements necessary to strategically guide development in its specific area and is
appropriate and in the best interest of South Bend and its citizens.
P;P i'
NOT
;V-"C: -D
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA AS FOLLOWS:
SECTION I: The West Side Main Streets Plan, a true and complete copy of which is attached
hereto and incorporated herein, shall be and hereby is approved.
SECTION II: The adoption of the West Side Main Streets Plan shall and hereby does amend
City Plan, the Comprehensive Plan for South Bend, by providing further direction for the area of land
within the boundaries of the West Side Main Streets Plan.
SECTION III: This Resolution shall be in full force and effect from and after its adoption by the
Common Council.
Member of the Common Council
a P
and
Hied in € t rk's ®' -ices
' 2 2014
VOORDE
CITY C? r -R*z, SOUTH ?.
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
December 2, 2014
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Oliver Davis, President
South Bend Common Council
4th Floor, County -City Building
PHONE: 574/235 -9371
FAx:574/235 -9021
RE: A Resolution of the Common Council of the City of South Bend, Indiana, Approving.
and Adopting the West Side Main Streets Plan
Dear Councilman Davis:
I am attaching for filing a resolution that adopts West Side Main Streets: The
Revitalization Plan for Lincoln Way, Western Avenue, and West Side Neighborhoods.
This plan, developed through the participation of the Redevelopment Commission, Urban
Enterprise Association, and west side business owners, property owners, and residents,
provides a market -based revitalization strategy and land use plan for these two key streets
and their adjoining neighborhoods.
On November 18, 2014, the Area Plan Commission adopted the West Side Main Streets
Plan and recommended that it also be approved by the Common Council.
I will present this resolution at the Community Investment Committee meeting and the
full Common Council meeting on December 8. If you have any questions, please feel
free to contact me at 235 -5843 or mdivita @southbendin.gov.
Sincerely,
Michael P. Divita
Planner
Filed in Clerk's Office
! Chu -2 w4
I
JOHN VOORDE
CITE' i.L;WRK, SOUTH BEND, Hti
PLANNING
NEIGHBORHOOD ENGAGEMENT
BUSINESS DEVELOPMENT
ECONOMIC RESOURCES
JITIN KAIN
PAMELA C. MEYER
CHRIS FIELDING
BROCK ZEEB
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RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, PROPOSING THAT MASTER PLAN FOR KENNEDY PARK BE DEVELOPED
PRIOR TO THE ISSUANCE OF A PARK BOND
Chia" the South Bend Common Council recognizes one (1) of the City's community parks
is Kennedy Park, which is located at Olive Street and 2700 Westmoor Street and contains 38.56
acres of park property; and
the Common Council further recognizes that the South Bend Parks and Recreation
website notes that the following "elements" are located at Kennedy Park:
• "Restroom: Two ADA compliant, flush bathrooms
• Playgrounds: Two playground units
• Softball Fields: Two unlit fields
• Baseball Fields: One lighted field
• Tennis Courts: Four unlit courts
• Aquatic Center"
with "...two small pavilions inside the pool area .... [and] multiple picnic tables that are on a first -
come first -served basis for all patrons "; and
6)f6m%6 the Kennedy Park website notes that the Aquatic Center opened in 2000 and has a
slide, tire swing and multiple spray features with fees for enjoying such facilities being: ages 0 -2
free, ages 3 -10 $4, and ages l 1 & over $5 with the hours of operation being 11 am to 5 pm Monday
through Saturday and noon to 5 pm on Sunday. This year Park Superintendent Phil St. Clair stated
that:
"We want to make sure all our residents have the opportunity to visit this first -class
facility before summer ends. Cost shouldn't be a barrier for_families to enjoy all that
South Bend Parks have to offer... "
which resulted in water playground fees for Thursdays and Sundays being waived in the last weeks
of the Summer; and
If) for the past several years many residents of South Bend and in particular many
residents from the Kennedy Park Neighborhood Association have voiced their concerns for the
need for more services at Kennedy Park, with many individuals bringing these requests to the
Council's Parks, Recreation Cultural Arts & Entertainment Committee, as well as to various
Common Council meetings under Privilege of the Floor; and
WAg;m in September, the Park Board approved a five -year master plan which outlines in
this 177 -page document some of the many park and recreational needs throughout the city; and
Kennedy Park Resolution
Page 2
it was reported in the South Bend Tribune on September 28, 2014, that "a proposed
bond issue to help pay for some of the more than $37 million in needed improvements outlined in
the parks master plan would have no effect on local tax rates" and that a proposed 20 -year $2.5
million bond "would be financed with economic development and county option income tax
revenue ".
i
Section I. The Common Council believes that neighborhood parks and recreational
opportunities help contribute to the quality of life in our neighborhoods.
Section II. In light of the fact that the City Administration will be bringing a proposed park bond
to the Council since such a bond issue would require Common Council approval, it is recommended
that a Kennedy Park Master Plan first be developed to address some of the urgent needs which
include but are not limited to the following:
1. A minimum of $300,000 to $400,000 commitment for needed park upgrades
2. Development of walking paths
3. Development of shelters with grills and benches
4. Enhanced playground equipment
5. New basketball courts
Section III. The City of South Bend has the opportunity to develop a Kennedy Park Master Plan
which establishes immediate and long -term goals, priorities for new park services and the enhancement of
existing ones; as well as developing partnerships with private entities so that tax dollars may be leveraged
resulting in more opportunities to address needed park facilities, services and needs of our residents.
Section. IV. This Resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor.
Voting in Favor
Voting Against.
W .,
John Voorde, City Clerk
NOT MMO`Jfp
AGO? T 0
Henry Davis, Jr., ° Disn
South Bend Common Council
Pete Buttigieg, Mayor
2014
a
JOHN NCtr_' ;A_11
t. *SYY CLERK, %:0 0 l:3LND.EN
Oliver J. Davis
President
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd (574) 235 -9321
South Bend, Indiana 46601 -1830 Fax (574) 235 -9173
http: //v .southbendin.gov
Derek D. Dieter
December 3, 2014
Vice - President
Members of the Common Council
Valerie Schey
4th Floor County -City Building
Chairperson, Committee
South Bend, Indiana 46601
of the Whole
Dear Council Members:
Tim Scott
First District
I am introducing the attached Resolution which calls for a Master Plan for Kennedy
Henry Davis, Jr.
Park to be developed prior to the issuance of any Park bonds.
Second District
I have advocated for more services and equipment for Kennedy Park for years, and
Valerie Schey
residents of the area have also called for Kennedy Park to be a priority. So that the
Third District
needs of this Park are addressed, I believe that this Resolution is necessary.
Fred Ferlic
Thank you.
Fourth District
David Varner Sincerely,
Fifth District
Oliver J. Davis e 1 Jr.
Sixth District 2 "d District Council Member
Derek D. Dieter Attachment
At Large
Gavin Ferlic
At Large
Karen L. White
At Large
"p14
;ORDE
CITY CUR:, JUTN 2END, IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ENCOURAGING THE CITY ADMINISTRATION TO ESTABLISH A MINORITY HIRING
PROGRAM FOR THE FIRE AND POLICE DEPARTMENTS, TO DEVELOP AND IMPLEMENT
PROACTIVE POLICIES IDENTIFYING OFFICER BEHAVIOR INCONSISTENCIES AND TO LOOK
INTO THE NEED FOR POLICE BODY CAMERAS AND A CITIZENS REVIEW BOARD
91fema, the South Bend Common Council recognizes that for the past several years the Council
has had discussions with the City Administration on the need to develop viable programs in both the South
Bend Fire Department and the South Bend Police Department which prioritize minority recruitment and
retention for both of these public safety departments; and
CA(f.. the Common Council further recognizes that the neither the Fire Department or the Police
Department currently reflect the demographics of our City; and that the Police Department currently has
many openings which need to be filled in order to reach the budgeted number of sworn members; and
Q(fmm, on November 24, 2014, President Obama addressed the nation and noted in part that "...we
need to recognize that the situation in Ferguson speaks to broader challenges that we still face as a nation.
The fact is, in too many parts of this country, a deep distrust exists between law enforcement and
communities of color... the good news is we know there are things we can do to help. And I've instructed
Attorney General Holder to work with cities across the county to help build better relations between
communities and law enforcement... "; and
the last week in November, 2014, Attorney General Eric H. Holder, Jr. launched the
Department of Justice's "National Initiative for Building Community Trust and Justice" which will study
five (5) cities and will focus on "training to reduce bias and ensure fairness in law enforcement "; and
QhC-,-d, on August 18, 2014, a "Unified Statement of Action to Promote Reform and Stop Police
Abuse" was issued after convening fourteen (14) national civil and human rights organizations and leaders
which recommended in part, in response to the events in Ferguson, Missouri:
"...use of body -wom cameras by police officers
"...the need for diversity across police departments..."; and
QhC—d, the City of South Bend, Indiana, has the opportunity to be a leader by moving forward on
discussions to address and improve many programs in these critical areas which affect our entire
community.
Section I. The Common Council believes that the Fire and Police Department of the City of South
Bend are the backbone of our community who provide public safety services on a 24/7 basis.
Section II. In order to assure that the best practices are being implemented, especially in both of
our public safety departments, the following topics should be timely studied, prioritized and discussed for
the betterment of the entire South Bend Community, with each topic having the governing laws and
policies summarized, a cost/benefit analysis for each; and short and long -term recommendations:
• Developing a minority hiring program for City of South Bend employees and in particular for
the South Bend Fire Department and the South Bend Police Department
• Body cameras for public safety officers
• Early warning system to identify employees who may be prone to emotional instability or behavior
programs which negatively affects their ability to properly cant' out their duties and responsibilities
• Mandatory reporting of incidents by race
• Citizens Review Board
Section III. Written summaries on each of the five (5) topics listed in Section 11 of this Resolution shall be
made available to the Common Council on or before Monday, January 26, 2015, so that a series of public meetings
can then be established to discuss each of these topics in a positive and meaningful manner.
Section. IV. This Resolution shall be in full force and effect from and after its adoption by the Council
and approval by the Mayor.
Voting in Favor
Voting Against _
Office of the City Clerk
PRESENTED
NOT APPROVED
y900PTED
4 ,
Henry Davis, Jr., 2nd District
South Bend Common Counci
Oliver J. Davis, 61h District
South Bend Common Council
Valerie Schey, 31 District
South Bend Common Council
Pete Buttigieg, Mayor of South Bend, hidiana
Filed F ice
str +
CITY CLLti , -- iLND, IN
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
Valerie Schey
Third District
Fred Ferlic
Fourth District
David Varner
Fifth District
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
December 1, 2015
The South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Dear Council Members:
(574) 235 -9321
Fax (574) 235 -9173
http: //v w .southbendin.gov
The attached Resolution is being filed for the purpose of having the City Administration
share information on several important topics, namely:
■ Minority hiring
■ Body cameras
■ Employee behavior warning systems
■ Reporting of incidents by race
■ Citizens review board
so that meaningful discussions with the Common Council may begin in early 2015.
I am attaching two (2) documents which are quoted in the Resolution, namely President
Obama's remarks made on November 24, 2014 and the NAACP's statement entitled "Civil
Rights Coalition Urges National Reforms and Recommendations to Address Police Abuse"
so that you have access to more background information.
Oliver J. Davis
Sixth District South Bend can be a leader in each
programs which properly and legally
Derek D. Dieter support of this Resolution. Thank you
At Large
Gavin Ferlic Sirfie ely,
At Large
Karen L. Wh' e e avis, Jr.
At Large 2 "d District Council Member
Valerie Schey
3`d District Council Member
Attachments
of these areas if we work together in developing
address the concerns of our citizens. I seek your
Oliver J. Davis
6th District Council Member
Filled i ..
:, ,r 1 x€14 p
CITY C
Remarks by the President After Announcement of the Decision by the Grand Jury in Ferg... Page 1 of 2
the 117d%i'}HOTISL PRESINEWBARACKOBAMA
BRIEFING ROOM ISSUES THE ADMINISTRATION PARTICIPATE 1600 PENN
Home • Bri h®g Raaao • Speeches R Remm�$s
The White House
Office of the Press Secretary
For Immediate Release
November 24, 2014
Remarks by the President After Announcement of the
Decision by the Grand Jury in Ferguson, Missouri
James S. Brady Press Briefing Room
10:08 P.M. EST
THE PRESIDENT: As you know, a few moments ago, the grand jury deliberating the death of Michael Brown
issued its decision. It's an outcome that, either way, was going to be subject of intense disagreement not only in
Ferguson, but across America. So l want lojust say a few words suggesting how we mightmover forward.
First and foremost, we are a nation built on the rule of law. And so we need to accept that this decision was the
grand jury's to make. There are Americans who agree with it, and there are Americans who are deeply
disappointed, even angry. It's an understandable reaction. But I join Michael's parents in asking anyone who
protests this decision to do se peacefully. Let me repeal Michael's father's words: -Hurting others or destroying
property is not the answer. No matter what the grand jury decides, I do not want my son's death to be in vain. I
want it to lead to incredible change, positive change, change that makes the St. Louis region better for everyone.
Michael Brown's parents have lost more than anyone. We should be honoring their wishes.
I also appeal to the law enforcement officials in Ferguson and the region to show core and restraint in managing
peaceful protests that may occur. Underst and, our police officers put their lives on the line for us every single day.
They've got a tough job to do to maintain public safety and hold accountable those who break the law. As they do
theirjobs in the coming days, they need to work with the community, not against the community, to distinguish the
handful of people who may use the grand jury's decision as an excuse for violence — distinguish them from the vast
majority who just want their voices heard around legitimate issues in terms of how communities and law
enforcement interact.
Finally, we need to recognize that the situation in Ferguson speaks to broader challenges that we still face as a
nation. The fad is, in too many parts of this country, a deep distrust exists between law enforcement and
communities of color. Some of this is the result of the legacy of racial discrimination in this country. And this is
tragic, because nobody needs good policing more than poor cemmunites with higher dime rates. The good news
is we know there are things we can do to help. And I've instructed Attorney General Holder to work with cities
across the country to help build better relations between communities and few enforcement.
That means working with law enforcement officials to make core their ranks are representative of the cemmunlfies
they serve. We know that makes a difference, It means working to train officials so that law enforcement conducts
itself in a way that is fair to everybody. It means enlisting the community actively on what should be everybody's
goal, and that is to prevent crime.
And there are good people on all sides of this debate, as well as in both Republican and Democratic parties, that
are interested not only in rifling up best practices — because we know, that there are communities who have been
able to deal with this in an effective way— but also who are interested in working with this administration and local
and state othcials to start tackling much - needed criminal justice reform.
So those should be the lessons that we draw from these tragic events. We need to recognize that this is not just an
issue for Ferguson, this is an issue for America. We have made enormous progress in race relations over the
course of the past several decades. I've witnessed that in my own life. And to deny that progress I think is to deny
America's capacity for change.
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Remarks by the President After Announcement of the Decision by the Grand Jury in Ferg... Page 2 of 2
But what is also true is that there are still problems and communities of color aren't just making these problems up.
Separating that from this particular decision, there are issues in which the law too often feels as if it is being applied
in discriminatory fashion. I don't think that's the norm. I don't think that's true for the majority of communities or the
vast majority of law enforcement officials. But these are real issues. And we have to lift them up and not deny them
or try to tamp them down. What we need to do is to understand them and figure out how do we make more
progress. And that can be done.
That won't be done by throwing bodies. That won't be done by smashing car windows. That won't be done by
using this as an excuse to vandalize property. And it certainly won't be done by hurting anybody. So, to those in
Ferguson, there are ways of channeling your concems constructively and there are ways of channeling your
concems destructively. Michael Brown's parents understand what it means to be constructive. The vast majority of
peaceful protesters, they understand it as well.
Those of you who are watching tonight understand that there's never an excuse for violence, particularly when
there are a lot of people in goodwill out there who are willing to work on these issues.
On the other hand, those who are only interested in focusing on the violence and just want the problem to go away
need to recognize that we do have work to do here, and we shouldn't try to paper it over. Whenever we do Nat, the
anger may momentarily subside, but over time, it builds up and America isn't everything that it could be.
And I am confident that if we focus our attention on the problem and we look at what has happened in communities
around the country effectively, then we can make progress not just in Ferguson, but in a lot of other cities and
communities around the country.
Okay?
Q Mr. President, will you go to Ferguson when things settle down there?
THE PRESIDENT: Well, let's take a look and see haw things are going. Eric Holder has been there. We've had a
whole team from the Justice Department there, and I think that they have done some very good work. As I said. the
vast majority of the community has been working very ham to try to make sure that this becomes an opportunity for
us to seize the moment and turn this into a positive situation.
But I think that we have to make sure that we focus at least as much attention on all those positive activities that are
taking place as we do on a handful of folks who end up using this as an excuse to misbehave or to break the law or
to engage in violence. I think that it's going to be very important — antl I think the media is going to have a
responsibility as well — to make sure that we focus on Michael Brawn's parents, and the clergy, and the community
leaders, and the civil rights leaders, and the activists, and law enforcement officials who have been working very
hard to try to find better solutions -- long -term solutions, to this issue.
There is inevitably going to be some negative reaction, and it will make for good N. But what we want to do is to
make sure that we're also focusing on those who can offer the kind of real progress that we know is possible, that
the vast majority of people in Ferguson, the St. Louis region, in Missouri, and around the country are looking for.
And I want to be partners with those folks. And we need to IM up that kind of constructive dialogue that's taking
place .
All right
END 10:18 P.M. EST
http: / /www.whitchouse.gov/ the - press - office/ 2014 /11/24 /remarks- president- after - announce... 12/1/2014
Civil Rights Coalition Urges National Reforms and Recommendations to Address Police ... Page 1 of 3
CIVIL RIGHTS COALITION URGES NATIONAL REFORMS AND
RECOMMENDATIONS TO ADDRESS POLICE ABUSE
A coalition of national civil and human rights organizations and leaders concerned about police abuse
commends last week's announcement by Attorney General Eric H. Holder, Jr. launching the
Department of Justice's (DOJ) National Initiative for Building Community Trust and Justice. The
initiative will enlist a team of criminal justice researchers to study racial bias in law enforcement in five
U.S. cities and will focus on training to reduce bias and ensure fairness in law enforcement. The group
also applauds the federal investigation by the DOJ's Civil Rights Division of the Ferguson, Missouri,
Police Department following the August 9, 2014 fatal shooting of Michael Brown, an unarmed African
American teenager, by a Darren Wilson, a white police officer. The weeks following Mr. Brown's death
have seen protests, unrest and further police - related incidents in the area, underscoring a deep schism
between the police and the communities they are supposed to protect and serve.
Lawyers' Committee President and Executive Director Barbara Arnwine and Public Policy Director
Tanya Clay House, originally convened 14 national civil and human rights organizations and leaders to
issue a Unified Statement of Action to Promote Reform and Stop Police Abuse on August 18, 2014. Two
of the coalition's recommendations have come to fruition: an independent and comprehensive
investigation by the DOJ of Michael Brown's shooting death and the use of body -worn cameras by
Ferguson police officers. The group continues to call for the use of police officer body -worn cameras
nationally and commends the White House's recent announcement of testing of body -worn cameras by
the U.S. Border Patrol. Notably, five additional groups, including the National Organization of Black
Law Enforcement Executives, and more than 340 independent signatories, have joined the open letter
which was sent to the White House and the DOJ.
The coalition is also encouraged by Attorney General Holder's emphasis on the need for diversity across
police departments and his description of the proactive steps that the DOJ has taken to engage the St.
Louis County Police Department during his remarks regarding the civil rights investigation. Yet while
the investigation of Mr. Brown's death, as well as the racial bias study and its associated results are
significant steps forward, the groups continue to call upon the DOJ, FBI, and police departments across
the country to comprehensively address the ongoing killing of unarmed African American and Latino
youth and adults by police and civilians alike that may have been motivated by racial bias, and to effect
universal and long -term systemic reform to end police killings and the use of excessive force. In
addition, the group continues to urge release of the federal racial profiling guidance, improved
community policing, federal oversight of the distribution of federal weaponry and Congressional
hearings on the use of excessive and deadly force by police.
The coalition, which remains in conversation with the White House, the DOJ, Ferguson and St. Louis
County officials, and community groups and leaders, will continue to closely monitor related police -
involved shootings and brutality nationwide. Likewise, the group will remain a vital part of ongoing
reforms, recommendations and actions.
Cornell William Brooks, President and CEO, NAACP:
http: / /www.naacp.org /news /entry /civil- rights - coalition- urges - national - refonns- and - recom... 12/l/2014
Civil Rights Coalition Urges National Reforms and Recommendations to Address Police ... Page 2 of 3
Attorney General Eric Holder's plan to investigate racial bias among law enforcement agencies
throughout the United States, is a bold first step towards justice for thousands of victims of racial
Profiling throughout the country. The NAACP Missouri State Conference has been a leader on
this front, filing five complaints with the Department of Justice, with regards to cases in St. Louis
County. We applaud Attorney General Holder for his leadership in investigating the police
interactions that resulted in the death of Michael Brown and that of others across the country.
Barbara R. Arnwine, President and Executive Director, Lawyers' Committee for Civil
Rights Under Law.
As the federal investigation of the Ferguson Police Department continues, revealing the actual practices
by the police department, including patterns of racially disproportionate policing, and as the
Department of Justice's study of racial bias in law enforcement gets underway, the Lawyers' Committee
remains hopeful that the application of the rule of law will yield a just and fair result for Michael Brown
and his family and former and pending police lawsuits and internal investigations nationwide. Also, the
Ferguson tragedy heightens national awareness of the criticality of voting. It is your right and your duty
to make your voice heard by exercising the fundamental right to vote to effect change in your
community and in the nation.
Clayola Brown, President, A. Philip Randolph Institute:
The A. Philip Randolph Institute supports the recommended strategy of reform to ensure that the
problem of police abuse is addressed at the highest level. We applaud the swift action of President
Barack Obama, Attorney General Eric Holder, Jr. and the Department of Justice for taking a
strong stance against violence and for speaking in favor of restructuring the current landscape to
encourage diversity within law enforcement so that the true healing of our communities can move
forward.
Wade Henderson, President and CEO, The Leadership Conference on Civil and Human
Rights:
The Department of Justice should be commended for responding swiftly to the tragedy in
Ferguson and for taking steps to address racial bias in policing, which undermines effective law
enforcement and leads to the victimization of entire communities. The need for sensible reforms
is urgent and we urge the administration and Congress to respond accordingly.
Pamela Meanes, President, The National Bar Association:
The National Bar Association applauds the Department of Justice Civil Rights Division's civil
pattern or practice investigation into allegations of unlawful policing by the City of Ferguson.
Such an investigation was needed and long overdue. African American communities, such as
Ferguson, have routinely been subjected to Investigatory Stops without reasonable suspicion or
probable cause. Stops resulting in unconstitutional detentions and searches. Accordingly, The
National Bar Association encourages the DOJ to launch similar investigations in the 25 cities that
it has sent Open Records Request. More important, the Association demands Congress to
enactment of federal legislation: t) making it mandatory for police officers to wear body monitors
and any violation of this requirement would result in automatic suspension and /or termination;
2) developing and implementing an Early Warning System be to identify officers who are prone to
emotional instability or behavior problems; 3) reviewing the use of Deadly Force policies; and 4)
mandatory reporting of incidents by race.
Laura W. Murphy, Director, Washington Legislative Office, American Civil Liberties
Union (ACLU):
We are encouraged by the Attorney General's plan to investigate racial bias in law enforcement in
select U.S. cities and hope to see such actions replicated nationally. The Department of Justice
http: / /www.naacp.org/ news /entry /civil- rights - coalition- urges - national - reforms- and - recom... 12/1/2014
Civil Rights Coalition Urges National Reforms and Recommendations to Address Police ... Page 3 of 3
must use all of its power to implement systemic policing reforms so that the federal government
is able to monitor discrimination and use of excessive and deadly force by local police agencies.
These investigations are an important first step to help avoid the all too familiar deadly
consequences of these unchecked systems.
�2ao9 -zaW Aatiaoal ASSVOiatioo foctheAd..nce nt dWored Pwple I ftka ,Pd_._..ITe nfi
http: / /www.r)aaep.orgl news /entry /civil- rights - coalition- urges - national - reforms- and - recom... 12/1/2014
6JI 03,
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 7, OF THE
SOUTH BEND MUNICIPAL CODE TO ADDRESS SNOW REMOVAL PRACTICES
AND PROCEDURES
STATEMENT OF PURPOSE AND INTENT
The winter months of 2014 presented substantial, unprecedented challenges to the City of
South Bend's snow clearance services for its citizens. It also offered an opportunity to test the
effectiveness of the City's parking restrictions as part of the City's snow clearance process. After
critically assessing the current snow removal process and procedures, the City's Streets Division
has concluded that changes to the current snow removal process should be implemented for
reasons of safety, and efficacy in snow removal by the City's heavy equipment. Specifically, for
snow clearance purposes, the City will require that on even numbered days, parking will be
permitted solely on the side of City streets with even numbered addresses, and on odd numbered
days, parking will be permitted solely on the side of City streets with odd numbered addresses.
This ordinance implements such a procedural change.
It also designates the Director of Public Works for the City of South Bend, rather than
the City Engineer, to make snow removal decisions in addition to the mayor, but reserves
exclusively for the mayor the decision to declare a "winter weather emergency condition. ".
Finally, because public failure to comply with snow removal procedures has a substantial impact
upon overall safety and upon the effectiveness of snow removal, this ordinance increases the
penalty for violation from Twenty-five dollars ($25.00) to One Hundred dollars ($100.00),
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, as follows:
Section I. Chapter 20, Article 7, Section 20 -101, subpart (d) shall be and hereby is
amended to read as follows:
Sec. 20 -101. Definitions.
(d) Winter weather emergency condition means a formal declaration by the mayor or, in
the mayor's absence, the &y engine_:, or in both of their absences, the mayor's designee, that
the occurrence or eimminent threat of widespread or severe damage, injury or loss of life or
property resulting from a snow storm requires emergency action.
Section II. Chapter 20, Article 7, Section 20 -104 shall be and hereby is amended to read
in its entirety as follows:
Sec. 20 -104. Snow removal conditions.
(a) If the mayor or, iii his absene , the e? 4y engineer-Director of Public Works for the
City of South Bend, or in their absenee , the mayor's designee, determines that
the actual or expected accumulation of snow, sleet, hail, ice and/or freezing rain is
creating or will create hazardous or dangerous street and sidewalk conditions of
sufficient severity to require specialized snow removal procedures, the mayor or,
in his absenee, the Director of Public Works, or in both c
absenees, the mayor's designee, shall have the authority to declare that one (1) of
the following snow removal conditions exists:
(1) Snow route clearance conditions.
(2) residential Street clearance conditions.
(b) The mayor alone, or in the mayor's absence the mayor's designee shall have the
authority to declare that a winter weather emergency condition exists as defined at
Section 20- 101(d) of this Article.
Lc) All snow removal conditions shall be declared by the m.,.".r or-, in his absenee, the
eity engineer, both ° their absenees, the appropriate person, by issuing a
press release to local radio, television, newspaper and other news services. Such
declaration shall be made o~fn which contains the following information:
Date, time and reason for declaration, the actual or anticipated weather conditions
at time of declaration. Such declaration shall be signed by the mayor or, in his
absenee, the eity engiaeef�Director of Public Works, or absenees,
the mayor's designee, and a copy filed, as soon as possible, with the office of the
city clerk, where it shall be available for public inspection.
f�
(d) Once declared, the snow removal condition shall continue until the mayor or in-his
abseaee, the-eity- exgineer, Director of Public Works, or in his absenee, his the
mayor's designee, declares it to be ended in the same manner as provided for its
declaration in subsection (b). Such declaration shall be signed by the mayor or, in
his absenee, the eity eagi aeerDirector of Public Works, or in both
absences, the mayor's designee, and a copy filed, as soon as possible with the
office of the city clerk, where it shall be available for public inspection. Only the
mayor or the mayor's designee may declare a winter weather emergency condition
to be ended.
(e) Snow removal conditions may be declared for the entire city or any part thereof,
as the mayor or, in e„ee, the eit- engiaee Director of Public Works, or in
both E) their ahsen ees, the mayor's designee, deems necessary for effective snow
removal.
Section Il. Chapter 20, Article 7, Section 20 -105 shall be and hereby is amended to read as
follows:
Sec. 20 -105. Traffic regulations during snow removal conditions.
(a) Snow route clearance conditions: When snow route clearance conditions are declared to
exist, the following traffic regulations shall be in effect:
(1) No vehicle shall be parked on a street designated as a snow route
(2) Any vehicle parked, stalled, incapable of moving under its own power or left
unattended on any street designated as a snow route shall be issued a citation and/or
towed and/or impounded.
(3) Provided, however, that no such vehicle shall be issued a citation and/or towed and/or
impounded if the street upon which it is parked has been plowed by the city in such a
manner that all traffic and parking lanes are open and clear of snow.
(4) The owner of any vehicle in violation of this article shall be responsible for all citation
fines, towing and storage fees. Citations under this article shall be issued as provided in
section 20 -17 of this chapter.
(b) Street D°°�,nial snow clearance conditions. When residential street snow clearance
conditions are declared to exist, the following traffic regulations shall be in effect:
(1) Parking shall be allowed e streets designated
(2) Parking shall be banned from 8:00 a.m. until 8:00 a.m. the following morning on all
streets not designated as snev. -roAes in accord with one of the following schedules:
a. Even - numbered days —N° n° -''- n . Parking solely on even
address street sides (parking solely on south or east sides of streets) even if street
is designated or posted as "no parking
11
Odd - numbered Parking solely on odd
address street sides (narking solely on north or west sides of streets) even if street
is designated or posted as "no parking"
(3) Any vehicle parked, stalled, incapable of moving under its own power or left
unattended upon any street in violation of this section shall be issued a citation and/or
towed and /or impounded upon discovery_.
(4) Provided, however, that no such vehicle shall be issued a citation and/or towed and /or
impounded if the street upon which it is parked has been plowed by the city in such a
manner that all traffic and parking lanes are open and clear of snow.
(5) The owner of any vehicle in violation of this article shall be responsible for all citation
fines, towing and storage fees. Citations under this article shall be issued as provided in
section 20-17-of this chapter.
(c) Winter weather emergency conditions: When winter weather emergency conditions as
defined at 20 -101 (d) of this Article are declared to exist, the following regulations shall
be in effect:
(1) The mayor alone or, in his absenee, the eity enginee, or in both e their
the mayor's designee, shall have the following powers:
a. To limit traffic within the city.
b. To establish such parking regulations as he or she deems necessary.
c. To designate both city -owned vehicles and privately owned vehicles as "temporary
service vehicles."
d. To exercise all authority granted pursuant to IC 10- 14 -3 -1 et seq., the Emergency
Management and Disaster Law, regulating civil defense disaster law if he or she
deems weather conditions to be severe enough to implement such emergency powers.
Section III. Chapter 20, Article 7, Section 20 -105.1 shall be and hereby is amended to read
as follows:
See. 20- 105.1. Penalties.
Any person found to be in violation of section 20 -105 of this article shall be fined one
hundred twexty fi dollars $1( 00.00 25.08)
SECTION IV. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and any publication required by law.
0 �, tj --\ io : ( .
Member of the Common out
n
Attest:
14
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2014, at —o'clock. M.
Approved and signed by me on the
—o'clock, m.
I St READING [ ?-4 -1 Y
PUTLIC FjEAPfNG
3rd READING
NOT APPROVED
REMUED
PASSED
R
Clerk
day of
2014, at
Mayor, City of South Bend, Indiana
F110d
IN
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
December 3, 2014
Mr. Oliver Davis
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 20, Article 7, Regarding Snow
Removal Practices and Procedures
Dear President Davis:
The City has continued to assess our snow removal process and procedures to help create a more
efficient and effective system. The attached Ordinance amendment adds language to aid in snow
removal process. Specifically, the City may require that on even numbered days, parking will be
permitted solely on the side of the street with even numbered addresses, and on odd numbered days,
parking will be permitted solely on the side of the street with odd numbered addresses.
The snow removal policy also clarifies the designation of Winter Weather Emergency, which is only
declared by the Mayor, from "snow removal conditions ", which may be declared by the Mayor or Public
Works Director. This allows the City to enforce snow removal operations without declaring a Winter
Weather Emergency. Finally, this amendment increases the fine from $25 to $100 for violations.
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
Thank you for your consideration.
Sincerely,
C
Eric C. Horvath
Director of Public Works
Office
.. 3 W4
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