HomeMy WebLinkAbout04-27-15 Agenda, Packet & Committee Meeting NoticeOffice of the City Clerk
JOHN VOORDE, CITY CLERK
April 23, 2015
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for
Monday. April 27, 2015, in the Council Informal Meeting Room, 4s' Floor County -City
Building, 227 W. Jefferson Blvd., South Bend, Indiana:
3:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Bill No. 15 -29 — Des. Tax Abatement - 5231 Dylan Dr. — Ameriplex Superior
Partners, LP — up to a (7) Seven -year Real
3:45 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1. Bill No. 15 -13 — Resolution to voice concern over Assessments of land and
looking for amicable solutions in inters of the Taxpayers
4:00 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON
1. Bill No. 18 -15 — Amend SBMC Chapter 20 to Establish City -Wide Regulations
Banning the Use of all Hand -Held Electronic Communication Devices
4:30 P.M. PUBLIC WORKS & PROPERTY
VACATION VALERIE SCHEY, CHAIRPERSON
1. Update on the Curb and Sidewalk Program — Eric Horvath
4:50 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON
1. Update and Discussion on the CSO Project
5:05 P.M. HEALTH & PUBLIC SAFETY & VALERIE SCHEY, CHAIRPERSON
COMMUNITY RELATIONS KAREN L. WHITE, CHAIRPERSON
1. Bill No. 19 -15 — Call for the Establishment of a South Bend Municipal ID
Card program
Council President Tim Scott has called an Informal Meeting of the Council which will
commence immediately after the adjournment of the joint meeting of Health & Public
Safety and Community Relations Committee.
455 County -City Building • 227 W. Jefferson Blvd . South Bend. Indiana 46601 • 574/235 -9221 . Fax 574235 -9173
KAREE.MAH FOWLER JANICE TAIALOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor Pete Buttigieg
Committee Meeting List
Media
Auxiliary Aid or Other Services may be Available upon Request at
Please give Reasonable Advance Request when Possibl
AGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, APRIL 27, 2015 7:00 P.M.
1. INVOCATION - REV. CHIP ROUSH- FIRST UNITARIAN CHURCH OF
SOUTH BEND
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
6. REPORTS OF CITY OFFICES - MAYOR PETE BUTTIGIEG
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
18 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH
BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING
CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND-
HELD ELECTRONIC COMMUNICATION DEVICES WHILE
DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19,
SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND
CODE VIOLATIONS
19 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE
ESTABLISHMENT OF A SOUTH BEND MUNICIPAL ID CARD
PROGRAM
8. BILLS, THIRD READING
BILL NO.
04511m
18 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH
BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING
CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND-
HELD ELECTRONIC COMMUNICATION DEVICES WHILE
DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19,
SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND
CODE VIOLATIONS
19 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE
ESTABLISHMENT OF A SOUTH BEND MUNICIPAL ID CARD
PROGRAM
9. RESOLUTIONS
BILL NO.
15 -27 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 3230 SOUTH BEND AVENUE AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FOUR (4) YEAR
REAL PROPERTY TAX ABATEMENT FOR RAINBOW RASCALS
SOUTH BEND LLC
15 -28 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 1702 S. ROBINSON ST, SOUTH BEND, IN 46613
AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
BAMAR PLASTICS INC
15 -29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231
DYLAN DRIVE, SOUTH BEND, IN 46628 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF UP TO A (7)
SEVEN -YEAR REAL PROPERTY TAX ABATEMENT FOR
AMERIPLEX SUPERIOR PARTNERS, LP
15 -13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, VOICING CONCERNS OVER MANY OF
THE ASSESSMENTS OF LAND IN THE CITY AND SEEKING
AMICABLE SOLUTIONS OF THESE CONCERNS WHICH ARE IN
THE BEST INTERESTS OF THE TAXPAYERS
10. BILLS, FIRST READING
BILL NO.
22 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AND AMENDING
CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL
CODE IN ITS ENTIRETY ADDRESSING ABATEMENT
REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS
WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER
AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL
CODE ADDRESSING PENALTIES
11. UNFINISHED BUSINESS
A. REPORTS FROM AREA PLAN COMMISSION
1. BILL NO. 09 -15 - REZONING - 1221 MIAMI ST.
2. BILL NO. 16 -15 - 916 WESTERN AVE AND 501 W. SOUTH
ST.
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
19. ADJOURNMENT
TIME:
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20. ARTICLE 13 OF
THE SOUTHBEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY-
WIDE REGULATIONS BANNING THE USE OF ALL HAND -HELD ELECTRONIC
COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING
CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING
SCHEDULE OF ORDINANCE AND CODE VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council passed Ordinance No. 9946 -09 on July 27, 2009 which
created local public safety regulations banning the use of hand -held mobile telephones, mobile
communication devices and telecommunication devices in school zones. Those regulations were
based on the "public safety interests of helping to protect our school children, our school crossing
guards, and the motoring public in our community ".
At the March 23, 2015 Common Council meeting local high school students presented
information and data on the State of Indiana's statewide program "Drive Now, Text L8r"
campaign.
Currently there are fourteen (14) states which ban the use of hand -held devices while
driving. The Indiana General Assembly has not taken legislative action on prohibiting the use of
all handheld devices while driving. In light of the growing public safety concerns which is
resulting in a higher amount of deaths due to distracted drivers, especially among our young
people, it is believed that a city -wide ban would be in the best interests of our residents and visitors
to our city.
This ordinance would also update the penalty provisions for the violations in the Schedule
of Ordinance and Code Violations set forth in Section 2 -213 of the South Bend Municipal Code.
d60%em /,
Section I. The current language codified into Section 20 -130 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
ARTICLE 13. CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND-
HELD ELECTRONIC COMMUNICIATION DEVICES WHILE DRIVING.
Sec. 20 -130 Definitions.
As used in this Article:
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 2
(a) Electronic Communication Devices mean any electronic device, including but not
limited to a hand -held wireless telephone, hand -held personal digital assistant, or a portable or
mobile computer, but does not include a global positioning system or navigation system or a device
that is physically or electronically integrated into a motor vehicle.
(b) Motor vehicle means a vehicle that is self - propelled, and as further defined as set forth
in Indiana Code § 9 -13 -2 -105.1
(c) Street or highway means the entire width between property lines of every way or place
of whatever nature when any part thereof is open to the use of the public, as a matter or right, for
the purpose of vehicular traffic.2
Section II. The current language codified into Section 20 -131 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
Sec. 20 -131 Use of Hand -Held Electronic Communication Devices While Driving
Prohibited.
A person may not operate a motor vehicle on any street or highway in the city while using a hand-
held electronic communication device.
Section III. The current language codified into Section 20 -132 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
Sec. 20 -132 Limited Exceptions.
This Article shall not apply to:
(a) A law enforcement officer or operator of an emergency vehicle while performing his or
her official duties;
(b) A driver of a motor vehicle, who is driving along, who is using a electronic communication
device for the sole purpose of reporting an emergency situation and continued communication with
emergency personnel during the emergency situation;
(c) A driver of a motor vehicle who is using an electronic communication device in hands -
free or voice - operated mode;
' On January 1, 2015, Public Law 221 - 2014, § 12 took effect which defined motor vehicle as a vehicle that is self -
propelled which does not include a farm tractor, an implement of agriculture designed to be operated primarily in a
farm field or on farm premises, or an electric personal assistive mobility device; and contains numerous cross -
references to Title 9 of the Indiana Code addressing motor vehicle. See also South Bend Municipal Code Section 20-
2(a) (16).
Z This definition is also set forth in South Bend Municipal Code Section 20 -2(a) (43).
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 3
(d) A driver of a motor vehicle using an electronic communication device while parked on the
shoulder of a street or highway;
(e) A driver of a motor vehicle using an electronic communication device when the vehicle is
stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission
in neutral or park;
(f) A driver using an electronic communication device by pressing a single button to initiate
or terminate a voice communication; or
(g) A driver of a motor vehicle using an electronic communication device capable of
performing multiple functions, other than a hand -held wireless telephone or hand -held personal
digital assistant such as a fleet management system, dispatching device, citizens band radio, or
music play, for a purpose that is not otherwise prohibited by this Article.
Section IV. The current language codified into Section 20 -1333 of Chapter 20, Article 13
of the South Bend Municipal Code entitled Violations and Penalties and codified into Section 20-
134 4 of Chapter 20, Article 13 of the South Bend Municipal Code entitled Deposit of Fine Monies
Into Police Department Training Fund is re- affirmed.
Section V. Chapter 20, Article 13 of the South Bend Municipal Code is further amended
by the addition of new Section 20 -135, which is currently reserved, which shall read in its entirety
as follows:
See. 20 -135 Street Signage.
The City of South Bend shall post street signage on all main arterial streets leading into the City,
and at other locations which the Board of Public Works determine necessary, which gives notice
of the ban addressed in this Article.
Section VI. The chart set forth in Chapter 2, Article 19, Section 2 -213 of the South Bend
Municipal Code shall be amended in part to read as follows:
20 -133 Use of Hand -Held Mobile Telephone w Other n
e-iees 75.00/125.00/250.00
While Driving in Seheel Ze ,es Electronic Communication
Device While Driving
' South Bend Municipal Code Section 20 -133 calls for fines of $75 for the F violation, $125 for the 2 "d violation
and $250 for each subsequent violation, and if there is an accident in a School Crossing Zoning the fine is
automatically $250.
'South Bend Municipal Code Section 20 -134 calls for fines to be deposited into Fund # 220
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 5
Section VII. 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 VIII. This ordinance shall be in full force and effect on July 1, 2015, and from and
after its passage by the Common Council, approval by the Mayor, and legal publication.
Office of the City Clerk
m.
tst READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED.
PASSS),
V3 ( 1--
Henry Davis, Jr., 3r' District ouncil Member
South Bend Common Council
, ir4(w1 r/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
Janice Talboom, Deputy Clerk
me on the _ day
Pete Buttigieg, Mayor
City of South Bend, Indiana
2015, at_ o'clock
Filed i Mice
7 zUt5
CITY CLERIC SGU'iM BEND, IN
- 'cQdiN�
Y "n.
IlMS
Common Council
City of South Bend Indiana
Henry Davis, Jr., 2 ^d District Council Member
4'h Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5983 (574) 235 -9173 Facsimile
Apri12, 2015
Members of the Common Council
4'h Floor County -City Building
South Bend, Indiana 46601
(574)235 -5567 TTY/TDD
Re: Ordinance Calling for a Ban of All Hand -Held Electronic Communication Devices
While Driving
Dear Council Members:
In light of the enthusiastic response on the "Drive Now, Text LSR" Campaign by area high school
students at our last Common Council meeting, and the overriding public safety concerns on this
topic, I am introducing the attached ordinance for your review, discussion and passage.
I am also attaching information form the Insurance Institute for Highway Safety and the Highway
Loss Data Institute which depicts as of this month the fourteen (14) states which ban hand -held
electronic communication devices. The power -point presentation on "Texting & Driving" prepared
by the high school students is already of record in the Office of the City Clerk.
In light of the Indiana General Assembly not taking action on these growing public safety issues,
I believe that we need to address these concerns, until a state -wide ban becomes the law in our
state. I am recommending an effective date of July 1st for these public safety regulations, so that
there is ample public notice to the public and time for the Administration to post proper signage.
I request that this Bill be sent to the Council's Health and Public Safety Committee and be
scheduled for public hearing at the April 27, 2015 Common Council meeting. Thank you.
Sincer 1
Henry I .
2nd District Counci em e
Attachments
Filed In i,: 'Office
' el" 7 2015
CITY CLERK, SOUTH BEND, IN
iviap or nauu -neta cenpnone Dans
HIGHWAY SAFETY RESEARCH & COMMUNICATIONS
Distracted driving
Concern is mounting about the effects of phone use and texting while driving.
Page 1 of 2
Cellphones and texting
April 2015
Talking on a hand -held cellphone while driving is banned in 14 states and the District of Columbia.
The use of all cellphones by novice drivers is restricted in 37 states and the District of Columbia.
Text messaging is banned for all drivers in 45 states and the District of Columbia. In addition, novice drivers are banned from
texting in three states (Missouri, Oklahoma and Texas).
Many localities have enacted their own bans on cellphones or text messaging. In some but not all states, local jurisdictions
need specific statutory authority to do so. In addition, most school bus drivers are banned from texting and using hand -held
cellphones by state code, regulation or school district policy.
The table and maps below show the states that have cellphone laws, whether they specifically ban text messaging, and
whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to
stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary.
Table Map: hand -held bans Map: texting bans Map: young driver all cellphone bans
Hover over rnep more detail.
'In Louisiana, all learner's permit holders, irrespective of age, and all intermediate license holders are prohibited
from driving while using a hand -held cellphone. All drivers younger than 18 are prohibited from using any
cellphone. All drivers, irrespective of age, issued a first driver's license are prohibited from using a cellphone for
one year. The cellphone ban is secondary for novice drivers ages 18 and older.
http: / /www.iihs.org /iihs/ topics / laws /cellphone laws /maphandheldcellbans 4/2/2015
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, CALLING FOR THE ESTABLISHMENT OF A
SOUTH BEND MUNICIPAL ID CARD PROGRAM
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that since 2005, there have been communities
studying municipal identification card programs. One of the first studies was conducted by the
Unidad Latina enAccion (ULA) in New Haven, Connecticut.
New Haven, Connecticut was the first city to implement a municipal identification program
in 2007, and their program uses what is referred to as an "Elm City Resident Card ". Two (2)
proofs of New Haven residency are required to be eligible, with the card expiring when an
individual no long has residency within the city limits. The fees for such a card were $5.00 for
children and $10.00 for adults. The overall purpose of the card was to provide proof of
identification and residency for the approximate 10,000 to 15,000 undocumented persons living in
New Haven. Their card can also be used as a debit card with a limit of $150; a method of payment
for parking meter fees; and works as a library card. Private funds from the First City Fund
Corporation in the amount of $250,359 were used to fund the implementation of their program.
San Francisco, California became the next city to develop a city ID program, with their
Board of Supervisors voting in November of 2007 to move forward with the program. In October
of 2008 a court in San Francisco ruled that the "...city's plan to issue municipal identification
cards to residents regardless of immigration status does not violate state and federal law ".
Ordinance No. 279 -08 was passed on November 18, 2008 which amended the original ordinance;
with educational and training materials then being prepared along with hardware and software
programs. On January 15, 2009 the City of San Francisco officially began issuing "SF City ID
Cards ".
The following communities and the year each community's ID program became
operational is briefly set forth below:
2010
Trenton, New Jersey
2011
Richmond, California
2012
Los Angeles, California
2013 Oakland, California
2015 New York, New York
Some of the other communities looking into whether a program would be in the best
interests of their cities include New Orleans, Louisiana and Charlotte, North Carolina.
Each program is unique to the municipality which created it by proper ordinance. Some of
the studies have indicated that a municipal - issued identification card may assist law enforcement
Y
South Bend Municipal ID Card Program Ordinance
Page 2
officials and undocumented individuals to better interact. Some are linked to various forms of
economic programs such as Richmond, California's having the option of having a $200 pre -paid
debit limit; Los Angeles, California's also having a prepaid debit option; with Oakland, California
being the first community to have this function.
New York City's municipal identification program was officially launched on January 12,
2015, and is referred to as the "IDNYC Card ". It provides free membership to "The Public Theater,
Flushing Town Hall, Museum of the City of New York, Staten Island Children's Museum,
Brooklyn Botanic Garden, and the Bronx Zoo ". An "IDNYC Benefits Guide" is available in
English, Spanish, Chinese and Russian. An "IDNYC Brochure" is available in English, Spanish,
Chinese, Russian, Haitian, Creole, Korean and Bengali ". Their program was estimated to cost
$8.4 million the first year, and $5.6 million in succeeding years.
There are eleven (11) states which have passed laws permitting an undocumented resident
to apply for driver's licenses as of 2014, namely: Washington, Oregon, California, Nevada, Utah,
Colorado, New Mexico, Vermont, Connecticut, Maryland, and Illinois.
The following ordinance is believed to provide an opportunity for individuals who may not
be eligible to apply to the Indiana Bureau of Motor Vehicles (BMV) who has the authority to issue
an IndianaID /SecureID to residents, or who do not wish to apply for a license to drive; and also
for those individuals who may not be eligible or do not wish to apply for the Indiana non - SecureID.
The ordinance provides an opportunity for the potential development of a municipal ID
card which may incorporate the latest technologies, so that such cards cannot be duplicated or have
the card's information electronically stolen. Such cards may enable individuals to establish their
identity when needed for city emergency medical responders; may assist individuals if they
become a victim of a crime or a victim of a natural or man-made disaster. The ordinance is
believed to help further public health, safety and welfare measures by providing a secure
mechanism of proof of identity and residency in the City of South Bend, Indiana.
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Section I. There is hereby established a South Bend Municipal ID Card Program, which shall be
subject to the terms and conditions set forth in this ordinance.
South Bend Municipal ID Card Program
1. Definitions. For purposes of this ordinance, the following definitions shall apply:
South Bend Municipal ID Card Program Ordinance
Page 3
a. City shall mean the City of South Bend, Indiana.
b. Municipal ID Card shall mean a secure identification card issued by the City which
shall display, including but not limited to, the cardholder's name, photograph, address, date of
birth and an expiration date.
c. Program Administrator shall mean the City Controller, or his duly designated designee,
who shall be responsible for coordinating with a third party administrator selected to implement
and administer the South Bend Municipal ID Card Program.
d. Proofofldentity shall mean the criteria set forth in sub - section 4.a (i) of this ordinance
which is required of a person who applies for a South Bend Municipal ID Card.
e. ProofofResidency shall mean the criteria set forth in 4.a (ii) of this ordinance which
is required of a person who applies for a South Bend Municipal ID Card.
f. Resident shall mean a person who can demonstrate that he or she has been present in
the City for at least fifteen (15) continuous days and who presents proof of residency as specified
in sub - section 4.a (ii) of this ordinance.
g. Third Party Administrator shall mean the vendor selected through a public request for
proposals to implement and administer a secure South Bend Municipal ID Card program at no net
cost to the City, its departments, bureaus, or its taxpayers.
2. Purposes of a South Bend Municipal ID Card Program.
a. It is the City's intent that the South Bend Municipal ID Card Program provide a city
resident with a means of proving his or her residency in the City of South Bend, Indiana.
b. The South Bend Municipal ID Card Program further aims to help substantiate a
resident's identify when proof of identity is needed for City programs and services, as well as
when interacting with public safety personnel providing such services in the City. The City is
attempting to promote the general public safety and welfare of the community. The City does not
assume or impose any obligation upon its officers, employees or agents of any liability in monetary
damages or other legal recourse to any person who may claim a breach proximately caused injury.
3. Terms and Conditions Before Program Implementation and Issuance of South Bend
Municipal ID Cards.
a. The Department of Administration and Finance of the City shall coordinate the filing
J
South Bend Municipal ID Card Program Ordinance
Page 4
of all relevant data, projected costs, and other pertinent information addressing the future
implementation of the purposes of the program summarized in ¶ 2 of this ordinance, including any
supplemental features which are consistent with the purposes of this ordinance. Such filing shall
be made in the Office of the City Clerk, which shall trigger future joint meeting(s) of the Council's
Personnel and Finance Committee and the Community Relations Committee. In order for a South
Bend Municipal ID Card Program to become effective following such joint meeting(s), a Council
Resolution, which certifies that the implementation and administration of the South Bend
Municipal ID Card Program would be operated at minimal or no net cost to the City, its
departments, bureaus, or agencies, and which establishes any and all fees, will be required to be
adopted by the Common Council.
b. The South Bend Municipal ID Card shall bear the seal of the City and shall be
produced in a form which is encrypted with a magnetic strip, barcode or similar security feature to
prevent card duplication or counterfeit reproduction, and is secured from electronic pickpocketing
(EP) with a radio - frequency identification (RFID) blocking card or sleeve.
4. Application Process.
a. To obtain a South Bend Municipal ID Card, a resident shall complete an application,
under pains and penalties of perjury, which requires proof of identity and proof of residency
within the city. Said applications shall have instructions available in English, and other language(s)
upon request. Upon receipt of both proof of identity and residency as required by the sub - sections
included below, and the applicable fee, the Program Administrator shall issue shall issue a South
Bend Municipal ID Card meeting the conditions set forth in sub - section 3.b of this ordinance.
(i) Proof ofldentity: In order to establish identity, each applicant must present
either:
(1) One (1) of the following documents containing both the applicant's
photograph and date of birth: a U.S. or foreign passport; a driver's license
issued by a state or territory of the United States; a state identification card
issued by any state or territory of the United States; a U.S. Permanent
Resident Card (commonly referred to as a `Green Card'); a consular
identification (CID) card or matricula'; or a photo identification card issued
by another country to its citizens or nationals that meets the following
requirements
' For over 100 years, the Mexican government have authorized the Consulate of Mexico to issue a matricula or
Consular ID card to Mexican citizens who live outside of Mexico. The matricula certifies that the individual is a
Mexican citizen, includes a birthplace and individual's address outside of Mexico. Said cards are valid for five (5)
years and cost approximately thirty dollars. Information on the Consular ID Card which has been posted by the
Consulate of Mexico was filed with this ordinance and is available from the Office of the City Clerk.
South Bend Municipal ID Card Program Ordinance
Page 5
aa. The issuing country authorizes the use of the card as an alternative to a
passport for re -entry into the issuing country; and
bb. The card has a photograph of the person and the person's date of birth;
and
cc. The card meets standards established by the Program Administrator to
ensure that the applicant was required to provide reliable identifying
information in order to obtain the card and the card has features reasonably
designed to protect against fraud and counterfeit reproduction.
In determining whether the identification meets these requirements, the
Program Administrator may use standards adopted by the National Notary
Association.
Notwithstanding the above, if the applicant is thirteen (13) years of age or
younger, he or she may present a certified copy of a U.S. or foreign birth
certificate to established identify under this subsection; or
(2) Two (2) of the following documents, provided that at least one (1) form of
identification shall display the applicant's photograph and date of birth; a
national identification card with photo, name, address, date of birth, and
expiration date; a foreign driver's license; a U.S. or foreign military
identification card; a current visa issued by a government agency; a U.S.
Individual Taxpayer Identification Number (ITIN) authorization letter; an
identification card issued by an Indiana educational institution, including
elementary, middle, high school, secondary, and post -high school or post -
secondary schools; a certified copy of a U.S. or foreign birth certificate; a
court order issued by a state or federal court to verify a person's identity;
or a Social Security card.
Notwithstanding the above, where the applicant is age thirteen (13) years
of age or younger, he or she may present an official medical record and/or
official school record to establish identity under this subsection, provided
that at least one (1) of the two (2) forms of identification presented shall
display the applicant's date of birth.
(ii) Proof of Residency: In order to establish residency, each applicant must
present one (l) of the following items, provided that the item includes both
the applicant's name and a residential addressed located within the City:
South Bend Municipal ID Card Program Ordinance
Page 6
(1) A utility bill dated within the last thirty (30) days; a written verification
confirming at least fifteen (15) days residency within the last thirty (30)
days issued by a homeless shelter that: is operated in the City; written
verification issued by a hospital, medical clinic or social service agency who
provided services to the applicant; a local property tax statement or
mortgage payment receipt dated within the last thirty (30) days; proof of a
minor currently enrolled in a school located in the city; an employment pay
stub or similar employment wage verification dated within the last thirty
(30) days; a jury summons or court order issued by a state or federal court
dated within the last thirty (30) days; or an insurance bill (homeowner's,
renter's health, life or automobile insurance) dated within the last thirty (30)
days. If a certified copy of a marriage certificate is presented at the time of
application, an applicant may prove residency using documents bearing the
name of his or her spouse.
(2) The Program Administrator may by regulation provide that if an applicant
is thirteen (13) years of age or younger, cannot produce any of the items set
forth in subsection 4.a.(ii) (1) to prove residency, a parent or legal guardian
may verify the applicant's residency provided that the parent or guardian
would be eligible for a South Bend Municipal ID Card.
(iii) The Program Administrator may by regulation provide for acceptance of
additional form of proof of identity and /or proof of residency, provided that
the Program Administrator determines that such form of proof are: issued
by a governmental entity or is a type of proof of identity or proof of
residency which is accept in the ordinary course of business in the U.S.
(iv) An application submitted on behalf of a minor must be completed by the
minor's parent or legal guardian.
(v) The city shall keep confidential, in accordance with applicable laws, the
name and other identifying information of persons applying for and
receiving a South Bend Municipal ID Cards. The city shall cause the
applications to be produced in a form which allows the applicant to state
their privacy preferences. The city shall not retain records of applicants'
residential addresses.
b. Upon request, the Program Administrator shall issue a South Bend Municipal ID Card
to any resident who meets the foregoing application requirements and pays the applicable fee.
South Bend Municipal ID Card Program Ordinance
Page 7
5. Implementation Process and Program Information to be Posted on City's Website.
The Program Administrator is authorized to adopt additional rules and regulations which
are consistent with this ordinance, in order to implement and administer the issuance of South
Bend Municipal ID Cards. Any additional rules and regulations deemed necessary by the Program
Administrator shall be filed in the Office of the City Clerk, who shall maintain them with this
ordinance and send them electronically to members of the Common Council and maintain a copy
of all such rules and regulations with this ordinance. Such regulations may include but not be
limited to a procedure for payment of fees in monthly installments without interest by an indigent
person, who is defined as a person without the means to pay the fee, which would be a similar
monthly process as the provisions set forth in Section 1 -24 of the South Bend Municipal Code;2 as
well as establishing a process for an indigent person's waiver of a fee in its entirety, as determined
by the Program Administrator, on a case by case basis.
Within ten (10) business days of a Council Resolution being adopted, as addressed in ¶ 3 of this
ordinance, the City shall develop a link to information on the City's website which is devoted to
the South Bend Municipal ID Card Program. Key program information shall be highlighted and
it shall permit a copy of this ordinance to be accessed as well as the Council Resolution required
in order for the implementation of the South Bend Municipal ID Card Program to take place. If
any additional rules and regulations become necessary, those shall also be made available from the
city's website.
6. Fees.
Fees shall be charged for each South Bend Municipal ID Card issued. The Common
Council shall set the maximum fee amounts by Resolution, upon compliance by the Department
of Administration and Finance and the Council and their committees as further addressed in ¶ 3 a.
of this ordinance.
7. Proof of Residency for City Services and Programs; Pre - Emption.
a. Any city service or city program which requires proof of identity or proof of residency
shall accept a South Bend Municipal ID Card issued by the city, unless it can be shown that the
card has been alerted or improperly issued; is an unauthorized duplicate; or a counterfeit
reproduction.
b. This section is not intended to replace any other existing requirements for issuance of other
'South Bend Municipal Code Section 1 -24 authorizes payment of $5.00 per month by any indigent person of a fine
ordered to be paid by a court.
South Bend Municipal ID Card Program Ordinance
Page 8
forms of identification in connection with the administration of a city service or program; nor is
this section intended to replace any state or federal regulations or laws addressing proof of identity
or proof of residency.
c. In no circumstance shall the existence of the South Bend Municipal ID Card Program cause
the city to lose funds from any funding source which require the usage of other state or federal
proof of identity or proof of residency, with such requirements pre - empting local regulations.
8. South Bend Municipal ID Card Holder's Responsibilities.
a. A person who has been issued a South Bend Municipal ID Card by the city must notify
the Program Administrator within ten (10) business days of any change in address which is
different than the one provided on the original application for such a card. Upon receiving
notification of a change in address and its verification, the Program Administrator shall issue a
notice of new address to be carried with the South Bend Municipal ID Card or be issued a new
card pursuant to the rules and regulations duly adopted by the Program Administrator.
b. If a person who has been issued a South Bend Municipal ID Card no longer resides in the
city, or expects to reside outside of the city for a period of greater than ninety (90) consecutive
calendar days, the card holder must relinquish the card by mailing or personally delivering the card
to the Program Administrator with an acknowledgement of his or her intent to reside elsewhere.
Said action by the Card Holder must take place within ten (10) business days of any proposed
change in residency, as further addressed in this paragraph.
9. Altered, Unauthorized Duplication: Counterfeit Reproduced Cards and Misuse of Card.
a. It is a violation of this ordinance, for any person to:
(1) Knowingly present false information to the City in the course of applying for a
South Bend Municipal ID Card;
(2) Alter, copy, replicate, produce a counterfeit copy of a city issued South Bend
Municipal ID Card; or
(3) To use a South Bend Municipal ID Card issued to another person, with the
intent to cause a third person or entity to believe the holder of the card is the
person to whom the card was issued.
b. Anyone who is found in violation of section 8 of this ordinance, shall lose the ability
to possess a South Bend Municipal ID Card; and shall be subject to the penalty provisions set forth
in Section 1 -23 of the South Bend Municipal Code.
South Bend Municipal ID Card Program Ordinance
Page 9
10. Semi - Annual Updates By the Administration to the Council.
The Program Administrator shall provide an update to the Common Council on any
South Bend Municipal ID Card Program which is authorized to be implemented, pursuant to the
terms and conditions set forth in ¶ 3 of this ordinance, at the 2 "d regular Common Council meeting
held each January and July.
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 passed by the Common Council and be in full force
and effect, upon a future Resolution being formally adopted by the Common Council establishing
an exact effective date of a South Bend Municipal ID Card Program. Such Resolution shall be
prepared and filed by the City Administration which verifies that the implementation and
administration of the South Bend Municipal ID Card Program will be operated at minimal or no
net cost to the City, its departments, bureaus, or taxpayers, and sets forth any and all card holder
fees; all of which shall be subject to the approval by the Common Council, approval by the Mayor.
Henry Davis, Jr., "a is Council Member
South Bend Common Council
Oliver J. Davis, 6`h District Council Member
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Gavin Ferlic, Council Member at Large
South Bend Common Council
South Bend Municipal ID Card Program Ordinance
Page 10
Derek D. Dieter, Council Member at Large
South Bend Common Council
Valerie Schey, 3' District Council Member
South Bend Common Council
Office of the City Clerk
%i se-ieiFC /by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2015, at o'clock . m.
r,,/by me on the
o'clock .m.
i st READING
PUBLIC HEARING
B rd READING
NOT APPROAD
' UERREO
PASSED,
Janice Talboom, Deputy Clerk
day of , 2015, at
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed Int �jCduxyMWa Office
JOHN v6ow ri
CITY CLERK, SOUTH BEND, IN
1W .
Common Council
City of South Bend Indiana
Henry Davis, Jr., 2nd District Council Member
4'h Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5983 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD
April 7, 2015
Members of the Common Council
4di Floor County -City Building
South Bend, Indiana 46601
Re: Ordinance Calling for the Establishment of a South Bend Municipal ID Card Program
Dear Council Members:
I am very pleased to file the attached ordinance which calls for the establishment of a South Bend
Municipal ID Card Program. I am also pleased to note that Council Member Oliver J. Davis, Karen
L. White, Gavin Ferlic and Derek D. Dieter voiced enthusiastic support of developing a city ID
card program, at the last Common Council meeting. Council Member Valerie Schey has also
expressed interest in developing such a program. This ordinance would begin to formalize a public
process in moving forward in developing such a program, which is envisioned to be a two -step
process. The proposed ordinance would be the 1 st step, and a future resolution of the Council
being the 2nd step, before such a program would be in effect.
As we briefly discussed at the last Common Council meeting held on March 23`d, 1 have been
working on this topic since last December. At that meeting, many members of the public held up
signs asking for a City ID card program. Some individuals voiced their support of a local City ID
card program that evening when the special resolution declaring Farmworker Awareness Week
was being discussed by the Council, including the Mayor.
There are potentially many positive results which could happen from having a well - constructed
city or municipal ID program, such as:
• Using the ID card for identification purposes when dealing with medical responders from
the South Bend Fire Department
Using the ID card for identification purposes when a person is a victim of a crime when
dealing with public safety officers from the South Bend Police Department
Using the ID card for identification purposes when dealing with emergency personnel
during a natural or man-made emergency
Cover Letter to the South Bend Municipal ID Card Program Ordinance
April 7, 2015
Page 2
Using the ID card for identification purposes for City of South Bend recreational and
cultural programs if identification is needed or required.
As noted in the proposed ordinance, we have studied many of the other City ID card programs,
which have been successfully launched in other communities. Some of those programs, in addition
to the positive items highlighted above, have coordinated with other organizations, non - profits,
and financial institutions to develop additional special features such as having other entities
recognize the City ID for identification purposes; and having debit and /or credit features.
The proposed ordinance is patterned after several of the provisions included in ordinances in the
California communities, noting that the San Francisco ordinance was upheld when it was
constitutionally challenged. Unlike the program in New York City which is estimated to cost the
city approximately $8.4 million in its first year of operation, the proposed South Bend Municipal
ID Card Program challenges the City Administration to work with the Common Council and our
community residents, organizations, and businesses in developing a program which would be
operated at minimal or no net cost to the City, its departments, bureaus, or our taxpayers.
Developing and having a secure South Bend Municipal ID Card program is also extremely
important. You will find attached information from the Consulate of Mexico regarding the security
provisions which they use for their Consular ID Cards. The proposed ordinance calls for the South
Bend Municipal ID Card to be developed in such a way as to minimize fraud, counterfeit
reproduction, and also be secured from electronic pickpocketing devices (EP) which are beginning
to create significant identification security problems.
The proposed ordinance sets forth basic standards which will require close collaboration with the
City Administration, the public, and the Council in order to be successful. It calls for the sharing
of additional detailed information regarding how the program would be paid for as well as
recommended fees which would be charged to applicants. A future Council Resolution would be
required for actual implementation of a South Bend Municipal ID Card Program. Such a
Resolution would be filed by the City Administration which would trigger a date certain for
implementation of such a program which would be at minimal or no net cost to the City. In
summary, the proposed ordinance would address:
1. Definitions.
2. Purposes of a South Bend Municipal ID Card Program.
3. Terms and Conditions Before Program Implementation and Issuance of ID Cards.
4. Application Process.
5. Implementation Process and Program Information to be Posted on City's Website.
6. Fees.
7. Proof of Residency for City Services and Programs; Pre - Emption.
8. South Bend Municipal ID Card Holder's Responsibilities.
Cover Letter to the South Bend Municipal ID Card Program Ordinance
April 7, 2015
Page 3
9. Altered, Unauthorized Duplications; Counterfeit Reproduced Cards and Misuse of Card.
10. Semi - Annual Updates on Program by the Administration to the Council.
This proposed ordinance would formally begin the discussion process of potentially developing a
South Bend Municipal ID Card Program. We will continue to review other programs so that the
best possible practices will be weighed, debated and considered.
We look forward to spirited, factual, and productive discussions, so that we can continue to
collaborate with concerned citizens, the City Administration, and all interested parties.
Thank you very much.
M s
Henry Davis, r., 2 'ct
South Bend Common Council
Attachments
Filed ir, _..Off
Ft, _Tv -d 2015
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RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
3230 South Bend Avenue
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FOUR (4) YEAR REAL
PROPERTY TAX ABATEMENT FOR
Rainbow Rascals South Bend LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas
for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 3230 South
Bend Avenue, South Bend, IN 46635 and which is more particularly described as follows:
Pt of SW 1/4 SE 1/4 Sec 29- 38 -3e; Ex Part Sold NW Side & Adj to IN 23
and which has Key Numbers 002-2019-041103 be designated as an Economic Revitalization Area;
and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such
designation is for Real Property tax abatement only and is limited to two (2) calendar years from
the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted a real property tax deduction for a period of four (4) years as shown by the
attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the
Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement
of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend
and Indiana Code 6- 1.1 -12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
NRFSCNTLD i- 1-�'�5�
A"To �'
Member of the Common Council
`✓ !" cue' k�5 } .. '�. 1 ^t �'a C� ry+ � pp..�,�
pro, J ��
f [�C
b6i�lb 7 (anud
Filed in Clark's Office
OR; - 7 2015
JOHPt V-0 —u R -DE
CITY CLERK, SOUTH BEND, IN
6 J � ( � 1J I T-Ly
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
1702 S. Robinson St., South Bend, IN 46613
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
Bamar Plastics, Inc.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted
a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
1702 S. Robinson St., South Bend, IN 46613 and which is more particularly described as
follows:
Business Personal Property
and which has Key Numbers to be assigned be designated as an Economic Revitalization
Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the purposes
of tax abatement. Such designation is for personal property tax abatement only and is
limited to two (2) calendar years from the date of adoption of the Declaratory Resolution
by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified
for and is granted personal property tax deduction for a period of five (5) years as shown
by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the
petition, the Memorandum of Agreement between the Petitioner and the City of South
Bend, and.the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea.
SECTION III. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approved by the Mayor.
r,¢esrNTED
er of e Common Council
J-1 and
cory� p
tair yy`51�s4 v Y Yeti
Filed In 05,�i ke Office
7 ?Q15
JOHN
CITY CLEW, SOUTH BEND, IN
6 k- �1� 00- l S--2A
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
5231 Dylan Drive, South Bend, IN 46628
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A
(7) SEVEN -YEAR REAL PROPERTY TAX ABATEMENT FOR
Ameriplex Superior Partners, LP
WHEREAS, a petition for real property tax abatement consideration has been filed with
the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 5231 Dylan Drive, South Bend, IN 46628 and which
is more particularly described as:
Lot 3 Portage Prairie Minor 45
and which has Key Numbers 025 -1009- 014605 be designated as an Economic Revitalization Area
under the provisions of Indiana Code 6 -1.1 -12.1 et sM., and South Bend Municipal Code Sections
2 -76 et SeMc ., and;
WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes
in the final legal description and to report the final, appropriate Key Number to the Department of
Community Investment and to the Office of the City Clerk; and
WHEREAS, the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sec., and South
Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS, the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for Real Property
Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the
requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to result from
the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment or rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code § 6 -1.1- 12.1 -3.
SECTION IV. The Common Council hereby accepts the report and recommendation of the
Community Investment Committee that the area herein described be designated as an Economic
Revitalization Area and hereby adopts a Resolution designating this area as an Economic
Revitalization Area for purposes of real property tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VI. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of up to seven (7) years as shown by the
attachment pursuant to Indiana Code 6- 1.1- 12.1 -17.
SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
PA
Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
NOT APPR0,VM
APOPM1 00
Member of the Common Council
S aC <3 � t3 < c � � i32 i .
J' 3
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LV^
Filet! irk - Office
`W. 2, F EUlS
Joey,
CITY CLERK, SG T&k tDEND, IM
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
April 21, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
PHONE: 574/235 -9371
FAX: 574/235 -9021
RE: Real Property Tax Abatement Petition for: Ameriplex Superior Partners, LP
Dear Council Member Ferlic:
Please find the attached information pertaining to a real property tax abatement petition for
Ameriplex Superior Partners, LP's new building construction:
➢ Department of Community Investment's summary report
➢ Copy of the petition
➢ Statement of Benefits form
➢ Supporting information.
The report contains the Department's findings relative to the above petition. The total cost
for the construction is estimated at $5,600,000. The project meets the qualifications for up
to a (7) seven year real property tax abatement and a representative from Ameriplex
Superior Partners, LP will be available to meet with the Committee on Monday, April 27,
2015.
Should you or any of the other Council members have any questions concerning the report,
or need additional information, please feel free to call me at 235 -9339.
Sincerely,
Brock Zee/
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
Chris Fielding
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PAA'IELA C. MEYER CHRIS FIELDING BROCKZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
Ameriplex Superior Partners, LP
DATE: April 22, 2015
On Thursday, April 16, 2015, a petition from Ameriplex Superior Partners, LP was
received and subsequently filed with the City Clerk for real property tax abatement
consideration for property to be located at 5231 Dylan Drive, South Bend, IN 46628.
Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South
Bend, this petition was referred to the Department of Community Investment for purposes
of investigation and preparation of a report determining whether the area qualifies as an
Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning
requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
➢ Building addition to the existing Hubbell Electrical facility located in the
Ameriplex industrial park. Hubbell Electric has acquired another business and
desires to bring the operations of that business to Indiana which requires building
on to the current facility.
➢ $5,600,000 investment in new building construction and building expansion
➢ Total project taxes — $1,959,402
➢ Estimated taxes being abated during seven year abatement period — $238,634
➢ Total taxes to be paid during seven year abatement period — $1,720,767
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will:
➢ Create 8 permanent, full -time and zero (0) permanent, part-time jobs within the
first year, representing a new annual payroll of $268,736
➢ Retain 62 permanent, full -time jobs with an annual payroll of $1,945,308
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITM KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner has
been granted or associated with any previous abatements.
The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property
is located in the South Side Development Area.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner
meets the qualifications for up to a (7) seven -year real property tax abatement under
section 2 -84.2, Real Property Tax Abatement.
April 22, 2015
p. 2
Ameriplex Superior Partners, LP
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601.1830
4/22/2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Mr. Charles Bulot
Building Commissioner
St. Joseph Co. /South Bend Building Dept.
125 S. Lafayette Boulevard
South Bend, IN 46601
RE: Commercial Property Tax Abatement Petition For:
Ameriplex Superior Partners, LP
Dear Mr. Bulot:
PHONE: 574/235 -9371
FAx: 574/235 -9021
Please review the enclosed tax abatement petition for the above identified petitioner for the
purpose of determining whether this project has met all zoning requirements. I also ask that
you confirm whether or not any building permits have been issued for this project as of the
date that you process this request. If a building permit has been issued, please indicate in your
report the date of issue and include a copy of the permit with your report. This information
will be included in a written report to the Community Investment Committee of the South
Bend Common Council in order to determine tax abatement eligibility. I would appreciate
your written determination by Friday, April 24, 2015.
I thank you in advance for your time and consideration and, if you should have any questions,
please call me at 235 -5823.
Sincerely,
lz�e-1
Aaron Kobb
Department of Community Investment
Enclosures
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITM KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
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City of South Bend auto of
aF~
y0
�i
Petition for Incentives
Petition must Included $250 filing fee payable to the City Clerk's OJfire or online via the City's website at
http:// southbendin .gov/govemmenticontent/ tax -obatement before processing can be complete 'ass
Legal name as registered with Secretary of Ameriplex Superior Partners, L.P.
IState
Business structure - - Limited Partnership
Company website www.holladayproperties.com
Proposed Project Information
Proposed project address 5231 Dylan Drive Parerdampanyname Holladay Properties
City, State, Zip
South Bend, IN
Legal owner Ameriplex Superior Partners, LP
Site acreage or acreage required
11,659 acres
Is the real estate owned or leased
Square feet of facility
104,412sf existing; 60,770sf addition
If leased by whom Hubbell Electrical
Primary Contact Information
Primary company oatict name
Manette Tape
title SVP Development
Address of company aatact
227 S. Main Street Suite 200
Phone 574 - 2174505
City, State, Zip South Bend, IN 46601
Email mtepe @holladayproperties.mm
Senior Official
Company senior official name Chns Hildebrandt
Has VP /GM
Address of company contact (if different from 3902 West Sample Street
Phone 574- 2834289
City, State, Zip South Bend, IN 46634
Consultant Information/Agent
Email childebram: t @hep.hubbell.com
Hired business ansultant/agent name
Consultant release (YIN)
Address
Local economic development partners
a oval N
City, State, Zip
Email
Project Overview
Brief description of your
This is a building ddition to the existing Hubbell Electrical facility located within the City
9 9 ty ty in the northwest industrial
company, project, and why the
Ameriplex. Hubbell has acquired another business of Indiana and desires to bong the operation into Indiana at the
Indiana t
property ls necessary for
existing building. In order to accomplish this, the addition is required.
addition
economic growth
Filed in I
CITY CLERA. $Q,,fp 4 ziEN6,
Certified Technology Park appropriate
No
Community Revitifiaation Enhancement
District
No
Certityffiat the Building Permit has not been
N
Number ofreskleoWl units created by
N/A
"is is a petition for personal property tax abatement, has
N/A
Me equipment been Installed
J ce
IN
Acquisition
Ing Lease Payments
Ing Purchase Costs.
Building Construction
ng Building Improvem
Machinery & Equipme
at Tooling/Retoollog
Furniture /Fixtures
Computer /If Hardwar
Software
to Rail Infrastructure
to Fiber infrastructure
2015
$0
2016
$0
F
$0
1 18
$0
2019
$0
2020
$0
2021
2022
$ 382,000
$ 583,000
$ 595,000
$ 606,000
$ 619,000
$ 631,000
2018
$0 -
$0
$0
$0
$0
$0
2020
$ 2,100,000
$ 0
$ 0
$ 0
$ 0
$ 0
2022
$ 3,500,000
$ 0
$ 0
$ 0
$ 0
$ 0
2024
$0
$0
$0
$0
$0
$0
2026
$0
$0
$0
$0
$0
$0
$210,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$o
$0
o will
be t e lndW]dual responsible for coordinating
WorkOne on recruiting?
$0
$0
$0
$0
$0
$0
t.
three the last
Year 6/13 -12/13
$0
$0
$0
$0
$0
$0
FuliMme
Part Time
$0
$0
$0
$0
$0
$0
Full-Time Permanent Indiana-Resident Positions
CalendarYear `fobsretalned Totalhourly
wage w/o
hinge or
bonuses
by Calendar Year
Cumulative 0 of net NEW full time
permanentjobs created at project
Hourlyaueraeewage , w/o Total training Total gta be
benefits or bonuses, of expenditure- trained -not
cumulative net new jobs not cumulative
cumulative
2015
62 $7,945,308
8
$16.15 $1,292 8
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
Fulltime
Part time
Laborers
$16.15
Technical
Managerial
Administrat1 e
o will
be t e lndW]dual responsible for coordinating
WorkOne on recruiting?
Jennifer Jellison
Does your company have an EEO hiring polky7 Yes
Are you an EEO employer?
I
Yes
t.
three the last
Year 6/13 -12/13
years:
1/14 -12/14
-
Please tlewlbe your commitment to
tlHersitY and Inclusion by detailing your
outreach and recruitment efforts for the tast
three years aswen as current ponder.
Full Time
Part Time
FuliMme
Part Time
Full Time
Part Time
Black 17
2
Hispanic 4
Asian
2
Indian
Female 13
3
Other
Complete below for Real or Personal P.. Abatement only.
Please sign for all requested incentives.
Public Benefit Item:
Information is required on both the construction companies and the
companies which will provide materials purchased for this project.
Please complete the table below with the appropriate information. If es Qualify o
(Yes or No)
you qualify for the points, please enter the full amount of available
points.
Earned Points
Available Points
1
Construction Related (Contraotorsl:
A.
Employ Local Companies (75 %)
TBD
20
B.
Purchase Materials from Local Companies (75 %)
TBD
20
C.
Require Employees vs. Independent Contractors
TBD
19
D.
Require Prevailing Wage (Davis Bacon)
TBD
22
E.
Require Health Benefits
TBD
22
F.
Require Pension Benefits
TBD
18
G.
IMaintain Affirmative Action Plan
TBD
20
Sub -total Construction Related:
0
1 141
2
Wage & Benefit Related (Ownerl:
A.
Pay Target Wage Levels
Yes
33
33
B.
Provide Health Benefits
Yes
34
34
C.
Provide Pension Benefits
Yes
29
29
D.
Provide Training
Yes
28
28
E.
Provide Child Care
No
0
15
F.
Provide Transportation Assistance
No
0
14
G.
JProvide Employer Assisted Housing program
No
0
9
Sub -total Wage & Benefit Related:
124
162
3
Workforce Related:
A.
Create New Jobs
Yes
42
42
B.
Retain Existing Jobs
Yes
41
41
C.
Maintain Affirmative Action Plan
Yes
35
35
D.
Provide Targeted Hiring Preference
No
0
34
Sub-total Workforce Related:
118
152
4
Support a Municipal Facility:
A.
Support a SB Municipal Facility (donations to the
zoo, conservatory, museum, etc.)
Yes
84
84
Name of Facility
SBMA, Zoo
Sub -total Municipal Facility:
84
84
Sub -total from Above:
326
539
The undersigned owner(s) of real property,
of South Bend for a real and /or personal I
petition the Common Council of the City
abatement consideration and pursuant to I.C., 6.1.1- 12.1 -1, et se ., and
Soukhi�end MAWsr' IpprJ:ode Sec. 2.76 et sea. for this petition state the above.
A414
What is the current assessed value?
Real Property:
$3,253,100
Personal Property.
$10,249,209
WhaUSthe projected assessed value?
Real Property.
$4.753,100
Personal Property:
$15,000,000
What is the tax key number forthis project? -
025- 1009- 014605
What is the six digit NAILS code?
Please attach a Google map and street view of the location.
Please list the amount of real and personal property taxes
paid for the last five years when applicable.
Real Property Taxes:
Personal Property Taxes:
Year One
$11,679.58
$46,312
Year Two
$386.44
Year Three
$355.08
Year Four
$310.22
Year Rye
Only
Staff Use Please fill out the Public Benefit Summary Information and
Lot NJ
add to the total from above.
Points Points
Public Benefit Item:
Project Related,
5
A.
Redevelop a Site that has Special Needs
49
B.
Develop Based on Local University Research
35
C.
Achieve a Physical Element of a Plan
36
Sub -total Project Related:
0
120
6
Super
Size Prolects(point values are cumulative(:
A.
100% to 199%
25
B.
200% to 299%
68
C.
300% to 399%
65
D.
400% and Over
52
Sub -total Super Size Projects:
0
210
7
Pay for Municipal Infrastructure:
A.
Pay for Oversizing or Upgrading
14
B.
Pay for 2&-50% of Extension Cost
26
C.
Pay for 51 -75% of Extension Cost
39
D.
Pay for 76100% of Extension Cost
52
Sub -total Infrastructure Related:
0 131
Total from Applicant Section:
326
539
Total from Staff Section:
0
461
Total Public Benefit Points:
CITY CLEMK, SWTH BEND, IN
STATEMENT OF BENEFITS
REAL ESTATE IMPROVEMENTS
State Form 51767 (R412 -13)
Prescribed by the Department of Local Government Finance
This statement is being completed for real property that qualifies under the following Indiana Code (check one box):
Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1. 12.1 -4)
❑ Residentially distressed area (IC 6-1.1- 12.14.1)
fNSIKUGIIVNS.
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real properly for which the person wishes to claim a deduction.
Projects-planned or committed to after July 1. 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1)
2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or
rehabilitation, BEFORE deduction maybe appro ved.
3. To obtain a deduction, a Form 3221RE must be filed with the County Audftor before May 10 in the year in which the addition to assessed valuation is
made or not later than thirty (30) days afterthe assessment notice is mailed to the property owner if it was mailed after April 10. If the property owner
misses the May 10 deadline in the initial year of occupation, he can apply between March 1 and May 10 of a subsequent year.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- IlReal Property annually to the application to
show compliance with the Statement of Benefits. PC 6- 1.1- 12.1.5.1(b) and 1Cfi -1.1- 12.1- 5.3Q)J.
5. The schedules established under IC 6- 1.1- 12.1-4(d) for rehabilitated property apply to any economic re vitalization areas designated after June 30. 2000,
unless an aftemative deduction schedule is adopted by the designating body (IC 6.1.1- 12.1 -17). The schedules effective pdorto July 1, 2000, shall
continue to apply to economic revitalization areas designated before July 1. 2000.
•
•-
Name of taxpayer
Ameriplex Superior Partners, L.P.
Address of taxpayer (number and street city, state, and ZIPCode)
227 S. Main Street Suite 200 South Bend, IN 46601
Name of contact person
Telephone number
E -mail address
Manette Tape
$74- 2i74�05
mtepe @holladaypropentes.com
'
Name of designating body
City of South Bend
Resolution number
Location of property
County
5231 Dylan Dnve, South Bend, IN
SL Joseph
DLGF taxing district number
Description of real property improvements, redevelopment t orrehabililaGOn fuse addib'onalsheets if necessary)
Estimated start dale (month, day. yean
May2015
The existing building will receive an addition of 60,770sf.
Estimated completion dale (month, day, year)
August 2015
'- • - •
`Salaries
1 1
Current number
Number retained
Salaries Number additional Salaries
62 $2,086,220
62
$2,086,220 12 $025.000
t
REAL ESTATE IMPROVEMENTS
COST
ASSESSED VALUE
Current values
$3,500,000
$3,253,100
Plus estimated values of proposed pro ect
$2,100,000
$1.500.000
Less values of any property being replaced
Net estimated values upon completion of project
$5,600,000
$4,753,100
Estimated solid waste converted (pounds)
Estimated hazer F"Od" rted { pounds .V
Other benefits
)
CITY CLERri%'jSOW H, BEND, IN
SECTION 6 TAXPAYER
CERTIFICATION
I he b certify t e representations in this statement are true.
Signature f a h r resentaltve
Title ^
Date signed (month, day, yead
- r
Page 1 of 2
RESOLUTION NO. ff
Substitute Bill No. 15 -13 �' t
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
VOICING CONCERNS OVER MANY OF THE ASSESSMENTS OF LAND IN THE CITY AND SEEKING
AMICABLE SOLUTIONS OF THESE CONCERNS WHICH ARE IN THE
BEST INTERESTS OF THE TAXPAYERS
G on October 1, 2014 the" St. Joseph County Assessor's Office mailed out Form 11- Notice of
Assessment of Land and Structures for the 2014 pay 2015 Assessment Year for property owners whose values
have changed...'; and
even though the St. Joseph County Assessor's Office sent out a News Release on October 2, 2014
notifying the public of this reassessment, many questions have been raised about what many have called
"lopsided" relationship between the assessed value, new assessed value and market rate of an increasing number
of the properties; and
GXC..e, currently taxpayers may appeal no later than May 10th or 45 days after the date of the tax bill,
whichever is later; and
*Cr 4 the Common Council recognizes that the County Assessor serves as the Secretary to the Property
Tax Assessment Board of Appeals which reviews property tax assessments and reviews all tax assessment
appeals; and
the Common Council further recognizes that the City of South Bend has a website dedicated to
"Property Taxes" at www.ci.south- bend.in.us which provides links to the St. Joseph County Treasurer's Office
so that assessments, exemptions and payments may be viewed; as well as links to the Department of Local
Government Finance, St. Joseph County Assessor, St. Joseph County Auditor; and
WjCm.d, the Department of Local Government Finance (DLGF) has an oversight role in the property
assessment process after the Assessor has placed values on properties in the county; and
Q66;.4 DLGF reviews "an assessment to sales ratio study" which is "basically a comparison between
sales and assessed values in the county to ensure that market values are being used to determine assessed values"
in order to measure "the accuracy and equity of assessments" as further addressed on the DLGF website available
at www.in.gov ; and
e, attached to this Resolution are the most recent documents listed on the DLGF's website for St.
Joseph County which include the July 9, 2014 DLGF approval letter, the June 23, 2014 letter from the St. Joseph
County Auditor, and a 1 -page summary page from the 92 -page 2014 Ratio Study; and
wane, the "statewide cyclical reassessment began on July 1, 2014 for the 2015- pay -2016 property taxes,
and the next four years [whereby] during the statewide reassessments, county and township assessors physically
inspect each property to ensure that records are correct'; and
" during the statewide cyclical reassessment process, assessing officials are to re- assess
"approximately 25% of the parcels in their jurisdiction each year over a four year timeframe" with the DLGF
website further stating that "it is expected [that] the data collection will be more accurate and the cost spread out.
Assessment of Lands Resolution
Page 2
Section I. The St. Joseph County Assessor noted in her June 23, 2014 letter to the Indiana Department of Local
Government Finance under the heading "Improved Residential" the following:
"Each of our townships had sufficient number of sales to support their own ratio study. Liberty, Lincoln,
Madison and Union, no trending was indicated. Portage Township had high investment (rental) sales, flips
and rehab sales which were reviewed and removed from the ration study. While most were invalidated,
those that truly reflected the market in high foreclosure areas were used in this study to determine the
decline in property values ".
Section II. In the interest of obtaining additional current information, in order to attempt to assist in
providing information on the many questions from residential property owners, as well as from owners of all
other commercial and industrial properties in the City of South Bend, the following plan of action is
recommended:
1. That the Office of the County Assessor be invited to further explain the re- assessment process.
2. That the Office of the County Assessor provide quarterly progress reports on the re- assessment.
3. That the St. Joseph County Assessor, the St. Joseph County Auditor and the St. Joseph County
Treasurer provide additional information which explains the property tax cycle from re- assessment to
billing.
4. That the Office of the County Assessor be invited to further explain the appeal process, the timeframe
involved, required forms, and the expected time until there is a resolution of an appeal.
Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council
and approval by the Mayor.
Voting in Favor
Voting Against,
1M
John Voorde, City Clerk
PRESENTED
Henry Davis, Jr., District
South Bend Common Council
Filed in 03ffice
CITY CLERK, SOUTH SEND, IN
901.6'
Buttigieg, Mayor of South Bend, Indiana
�4bpuTN dt
6yry ',rr. jy �i
tig
Common Council
City of South Bend Indiana
Henry Davis, Jr., 2nd District Council Member
V Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -9983 (574) 235 -9173 Facsimile
(574)235 -5567 TTY/TDD
March 9, 2015
Members of the Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Re: Substitute Bill No. 15 -13
Resolution on Concerns Raised by Property Owners on Reassessment
Dear Council Members:
I am filing for your consideration Substitute Bill No. 15 -13. The only change is set forth in the first paragraph of
Section Il, where commercial and industrial property owners have been included.
As noted when the original Bill was filed, it sets forth a summary of information related to the reassessment
process; as well as roles of the County Assessor and the Department of Local Government Finance.
It also calls for greater collaboration with the St. Joseph County officials involved in this ongoing reassessment.
The Office of the City Clerk has been asked to make sure that County Assessor Rosemary Mandrici is invited to
next Monday's Personnel and Finance Committee meeting when this Substitute Bill will be discussed.
Thank you.
Sincerely,
Henry Davis, Jr., 2nK,Ct i] M ember
South Bend Common Council
Attachment
STATE OF INDIANA
DEPARTMENT OF LOCAL GOVERNMENT FLNANCE
The Honorable Rosemary K Mandrici
St. Joseph County Assessor
227 W. Jefferson Blvd., Room 307
County -City Bldg.
South Bend, IN 46601
Dear Ms. Mandrici:
INDIANA GovERNMENT CENTER NORTH
100 NORTH SENATE AVENUE N1 OM(B)
INn1ANAPOLIs, IN 46204
PHONE(317)232 -3777
FAX (317) 974 -1629
July 9, 2014
The Department of Local Goverment Finance has reviewed the information and data
(both originally submitted and the supplemental information) for the St. Joseph County 2014
ratio study. The Department hereby approves the ratio study based on the results of the Mann -
Whitney "Sales Chasing" test and Spearman Rank test for vertical equity, and the review of the
accuracy, equity, and uniformity of the assessments as determined by the median ratio,
coefficient of dispersion (COD), Price Related Differential (PRD), and the change analysis
conducted by the Department.
Please note that this approval is granted without verification of all of the actual sales
disclosure forms in order to allow the preparation and delivery of the real property list to the
County Auditor pursuant to IC 6- 1.1 -5 -14. As always, the Department encourages counties to
use all possible sales, which lend greater validity to the sales ratio study.
In conjunction with our Data Analysis section, please continue to ensure your sales
disclosure file database is compliant. For the assessment year 2015, your 2014 sales disclosure
data files must be compliant with the rules of the Department.
If you have any questions or concerns, please feel free to contact Barry Wood, the
Assessment Division Director, at (317) 232 -3762 or by e-mail at Bwood@digfin.gov.
Sincerely,
Micah G. Vincent
Commissioner
cc: Barry Wood, Assessment Director
Office of the County Assessor
Patti St. Clair, Chief Deputy
• Compliance Division
Arcelia Dorado, Deputy
Property Tax Assessment Board of Appeals
Sue Tranberg, Deputy
Office of the St. Joseph County Assessor
Rosemary Mandrici 227 W. Jefferson Blvd. Room 307 County-City Bldg. South Bend, IN 46601 ph: 574- 235 -9523 fax: 574- 235 -5554
International Association of Assessing Officials
Indiana County Assessors Association
Indiana Township Assessors Association
Association of Indiana Counties
June 23, 2014
Mr. Barry Wood, Assessment Director
Indiana Department of Local Government Finance
100 North Senate Avenue, N 1058(B)
Indianapolis, IN 46204
RE: St. Joseph County Ratio Study
2014 pay 2015
Dear Mr. Wood:
The enclosed data for St. Joseph County reflects the proposed Assessed Value Changes for the March 1, 2014,
assessment year. We have conducted a ratio study based on sales in the Residential, Industrial, and Commercial classes
for the purpose of the Annual Adjustment to market value as required by 50 IAC27, using guidelines provided by the
Department of Local Government Finance.
The study includes all available sales from the period of January 1, 2013 to March 1, 2014. Properties were
reviewed for characteristics at the time of sale, using MLS, permits and field inspections. The records were updated to
reflect all changes. All sold and unsold propertied were treated equally and equitable. The new agricultural land base rate
was applied. Commercial and Industrial sales were additionally reviewed against MLS data, LoopNet Commercial, and
verified by an independent consultant.
Initially, the study included 2,934 valid sales from January 1, 2013 through March 1, 2014. St. Joseph County
is committed to utilizing as many valid sales as possible during the trending process. We have taken every step to ensure
that the sale used provides the most accurate information relating to the housing and commercial /industrial market within
the county. We have also used as many multi parcel sales as possible and have the tab called "Multi Parcel Sales" for
identification. Of these 2,934 sales, 2,566 were used in the study, there are 38 sales that were not used because they
transferred after 3/1/2014 and will be reviewed for the 15/16 ratio study. The remaining 330 sales which did not meet the
market value test for foreclosures defined under the January 11, 2011, Annual Adjustment Guidance were removed from
the study, and identified as "outlier" on the attached "Sales not Used" worksheet. Additionally, sales were excluded
which had a change in use or property class (i.e. rental properties using income valuation, land removed from
Developer's discount, new construction, etc.) or did not meet other tests of acceptability when verified by our Sales
Disclosure Department.
All acceptable sales were stratified by property class type, township, and neighborhood for this analysis
resulting in some properties being reported in a different neighborhood this year. We researched and trimmed outliers,
applied suggested factors, and calculated the 2014 pay 2015 assessments contained in the attached workbook.
Droved Residential • Each of our townships had sufficient number of sales to support their own ratio study.
Liberty, Lincoln, Madison and Union, no trending was indicated. Portage Township had high investment (rentals) sales,
flips and rehab sales which were reviewed and removed from the ratio study. While most were invalidated, those that
truly reflected the market in high foreclosure areas were used in this study to determine the decline in property values.
Vacant Residential: Due to insufficient sales of residential vacant, five townships Centre, Clay, German, Harris
and Olive were combined. Warren had four sales, not enough to analyze data. Greene, Liberty, Lincoln, Madison and
Union had no sales to analyze. Upon reviewing and analyzing Penn & Portage, it was determined no factor is warranted.
Improved Commercial: Due to insufficient sales of commercial property in many townships, the study was
conducted on a county-wide basis by Property Class. All sales were reviewed by an independent commercial property
appraiser for validity. Upon further review and analysis of economic trends and conditions it was determined that no
factor is warranted. The results of the Combined Study by Property Class Code are shown.
Vacant Commercial: Not enough sales county-wide to analyze data
Improved Industrial: Five townships had valid sales in the Improved Industrial category. Sales were combined
Penn, Harris, Lincoln, Portage and German Townships for the Industrial Class Codes 340, 350. For the Property Class
codes 346, 360, 370 and 399 there was not enough sales to analyze. The results of the Combined Study by Property
Class Code are shown.
Vacant Industrial: Not enough sales county-wide to analyze data.
Please review the attached ratio study, workbook, and sales not used files for St. Joseph County. Notify me
should you find any discrepancies or issues of non - compliance.
Thank you.
Respectfully submitted,
Arcelia Dorado
Manager, Compliance Division
Office of St. Joseph County Assessor
Rosemary R Mandrici
227 W. Jefferson Blvd.
South Bend, IN 46601
(574)235 -9523
(574)245 -6642
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Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND
MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS
ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR
OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE
SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that the Indiana Code 36 -7 -10.1 authorizes
municipalities in Indiana to address the regulation of weeds and rank vegetation by proper
ordinance. The City's current regulations codified in § 19 -32 through §19 -35 of the South Bend
Municipal Code addressing "weeds and noxious growths" were passed prior to 1962, and those
height restrictions are in conflict with the height limitations set forth in the nuisance regulations
codified as § 16 -58 of the South Bend Municipal Code, which were passed in 1994.
In 2013, the Indiana General Assembly enacted Public Law 203 -2013 authorizing a
continuous abatement notice procedure which is codified as Indiana Code § 36- 7- 10.1 -3, which
has resulted in more efficient and timely enforcement against repeat violators.
Last year, the Indiana Court of Appeals upheld the City of Bloomington, Indiana's
ordinance which established the maximum height for grass and weeds to be eight inches (8 "). The
Court of Appeals further ruled that there were no constitutional violations; holding that the
ordinance did not violate a person's freedom of expression under the United States and Indiana
Constitutions, nor did it violate freedom of conscience under the Indiana Constitution, (See:
Alexander Gul v. City of Bloomington, 2014 WL 7243326 (Ind. Ap. 12/22/2014).
Regulations in this area are based on safeguarding public health by decreasing allergies
and noxious odors; are based on public safety by seeing that proper sight distances for the vehicular
and pedestrian traffic; and are based on aesthetic concerns related to real estate property values
and protecting neighborhood stability and sustainability.
The City of South Bend believes that a nine inch (9 ") maximum height requirement is
reasonable for the entire city, and would be consistent with the current regulations addressing
vacant lots addressed in South Bend Municipal Code, § 16 -58. By way of comparison, examples
of Indiana communities have ordinances which established maximum heights are as follows:
Bloomington
8"
Fort Wayne
9" Marion 9"
Carmel
6"
Goshen
6" Michigan City 6"
Elkhart
8"
Hammond
6" Mishawaka 9"
Evansville
9"
Lafayette
10"
Ordinance on Tall Grass, Weeds, Etc.
Page 2
This ordinance permits native grasses and planting for ecological restoration and to further natural
landscaping subject to existing setback regulations and safety considerations. The Common Council
recognizes that there are private and public benefits resulting from the maintenance of properties, and that
well maintained properties enhance the vibrancy of the neighborhoods and the overall welfare of the City.
The Common Council, in collaboration with the City Administration, believe that the following
ordinance is in the best interest of preserving and protecting the public health, safety and welfare of the
City of South Bend, Indiana.
%fir, _ % /rr�,ra �����. %/ tC�idiiii.•r /Gib / /i- �iniiunnii F7oaiio/ /��' //r �,✓ /� ��"���n // ��rui/, .iii /i��ur..r,�, / /an;:
Section I. Chapter 19, Article 2, Section 19 -32 through Section 19 -35 of the South Bend
Municipal Code is amended to read in its entirety as follows:
ARTICLE 2. ABATEMENT REGULATIONS ADDRESSING TALL GRASS
WEEDS, NOXIOUS WEEDS, AND RANK OR OVERGROWN VEGETATION
Sec. 19 -32 Definitions.
For purposes of this Article, the following definitions shall apply:
(a) City shall mean the City of South Bend. Indiana.
(b) Enforcement Authority shall mean the Department of Code Enforcement
(c) fly"phytic vegetation are plants living in wetlands governed by the federal Clean
Water Act.
(d) Natural landscaping vegetation shall mean native or beneficial landscaping vegetation
which helps balance the needs and sense of beauty with those of nature by protecting existing
natural areas, reduces the use of pesticides, practices soil and water conservation, reduces the use
of power landscape equipment, and helps reduce heating /cooling needs. Natural landscaping
vegetation requires the property owner to have a current wildlife habitat certification which must
be shown and presented to the City's Enforcement Authority, in the event that the property
becomes subiect to a complaint or inspection.
The website of the Indiana Department of Environmental Management (IDEM) wwwmetlands.IN.aov sets forth
the governing regulations consistent with the federal Clean Water Act.
z The U.S. Environmental Protection Agency, Region 5 which includes Indiana, Illinois, Michigan, Minnesota, Ohio
and Wisconsin has published a "Natural Landscaping Resource List", and has published articles on `Beneficial
Landscaping" copies of which are on file in the Office of the City Clerk. Some examples of natural landscaping
include native plants and vegetation, prairie wildflowers, ornamental grasses, and native woodlands. Wildlife Habitat
Certification which is required by this ordinance has information available at http: / /wnw.indianawildlife.org /habitat-
programs/wilfdlife- friendly- certification- oroaram/. The City shall maintain a link to such information on their
website.
Ordinance on Tall Grass, Weeds, Etc.
Page 3
(e) Noxious weeds shall have the definition set forth in Indiana Code & 15- 16 -7 -2.3
(f) Owner shall mean the owner of record listed in the records of the St Joseph County
Recorder's Office.
(g) Rain Garden shall mean a type of natural landscaping vegetation which are shallow,
vegetated basins which collect and absorb runoff from rooftops sidewalks and streets.'
(h) Rank vegetation shall mean vegetation and plant growth not exempted under Indiana
Code § 36 -7- 10.1 -3.5
(i) Sustainable landscaping includes vegetation which is carefully selected to avoid the
use of invasive species which are in balance with the local climate and requires minimal use of
fertilizers, pesticides, and water which are functional, visually pleasing and environmentally
friendly.
6) Vegetation shall mean all plants, trees, shrubs and weeds,
(k) Vegetation nnanagennent tools include but not are limited to mowing trimming and
using herbicides.
(1) Weeds shall have the definition set forth in Indiana Code & 15- 16- 4 -40.'
' Indiana Code § 15- 16 -7 -2 lists Canada thistle, Johnson grass, Columbus grass, Bur cucumber, and Shattercane as
noxious weeds. Indiana Code § 15- 16 -7 -14 states that the Purdue University cooperative extension service is to
provide technical assistance to any weed control board in order to control and contain the growth and spread of noxious
weeds.
The Environmental Protections Agency (EPA) also refers to rain gardens as "bioretention or bioinfiltration cells
[which] mimic natural gydrology by infiltrating and evaportranspiring runoff. Rain gardens are versatile features that
can be installed in almost any unpaved space ", EPA publication "What is Green Infrastructure ? ", June 13, 2014.
s Indiana Code § 36 -7- 10.1 -3 provides that "weeds and other rank vegetation does not include agricultural crops, such
as hay and pasture ".
6 The Indiana Department of Transportation (INDOT) has categorized "vegetation Management tools" as mechanical,
manual, chemical, biological or cultural' with mowing being the most common form and best for weed control, Joint
Transportation Research Program — Indiana Department of Transportation and Purdue University Integrated
Vegetation management (IVM) for INDOT Roadsides, March 2014, p.1.
' Indiana Code § 15- 16 -4 -40 defines "weed" as "any plant that grows where the plant is not wanted
Ordinance on Tall Grass, Weeds, Etc.
Page 4
Sec. 19 -33 Maintenance and Landscape Regulations; Excessive Growth Prohibited.
(a) The owners of real estate located in the city shall use vegetation management and
sustainable landsca iJinng tools on the real estate's vegetation so that they are in compliance with
this Article, and do not become a public nuisance.
(b) It is unlawful for the owner of real estate in the city to allow his or her real estate
to become overgrown with weeds grass noxious weeds rank vegetation or other vegetation in
excess of the height of nine inches (9 ") or to such extent that the growth is detrimental to the public
health and constitutes a public nuisance. It is unlawful for the owner of real estate in the city to
allow any sidewalk or alley abutting such real estate to become overgrown with vegetation.
(c) In light of the self - sustaining nature of natural landscaping vegetation hvdrophh, tic
vegetation and their ecological benefits, they are exempt from the nine inch (9") height
requirement upon the property owner having a current wildlife habitat certification which must
be shown and presented to the City's Enforcement Authority. However, if such natural
landscaping vegetation and /or hydrophytic vegetation negatively impacts the visibility
requirements needed for sight distance related to pedestrian and /or vehicular traffic they must be
corrected in order to address such public safety concerns as directed by the Enforcement Authority.
In those circumstances, public safety requires appropriate maintenance and vegetation
management. Natural landscaping vegetation and /or hydrophytic vegetation may be located no
closer than one -half (1 /2) of the setback distance requirements of a front yard.
Sec. 19 -34 Consequences of Failure to Comply and Continuous Enforcement.
(a) Any owner of real estate located in the city who fails to comply with the provisions
of this Article shall be subject to the enforcement procedures set forth in Section 16 -59 of the South
Bend Municipal Code.
(b) A continuous abatement notice will serve as notice to the owner that each subsequent
violation during the same calendar year in which the initial notice of violation was provided may
be abated by the city without further notice. Such notice shall comply with Indiana Code & 36-7-.
10.1-3.
Sec. 19 -35 Penalties.
(a) Any person found in violation of a provision of this Article shall be fined the sum of Three
hundred fifty dollars ($350.00) per violation. Each day after the expiration date of any time limit
ordered by the Board of Public Works or its designee for abating a nuisance condition shall
constitute a distinct and separate offense Any person found in violation of a provision of this
Article whose property becomes listed as a continuous enforcement property shall be fined the
sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed
Ordinance on Tall Grass, Weeds, Etc.
Page 5
Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred
by the city for inspections abatement and administration and a penalty which shall be as follows:
Fine Per Violation Continuous Enforcement Fee for
Administrative Expenses
2 "d year $750.00 $400.00
3`a year $1,000.00 $450.00
01 year and thereafter $1,500.00 $500.00
This section supplements and does not limit any other remedy or action available in law
or in equity being pursued by the Department of Law.
See. 19 32. Meeds; Height Restr;etions.
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Ordinance on Tall Grass, Weeds, Etc.
Page 6
Section II. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is
amended to read in its entirety as follows:
Sec. 16 -61. Penalties and Administrative Fees.
(a) Except as otherwise provided, any person violating a provision of this chapter shall
be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not
less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars
($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty -
five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the
Board of Public Works or its designee for abating a nuisance condition under this chapter shall
constitute a distinct and separate offense.
Any person found in violation of the mowing regulations set forth in Section 16 -58
shall be fined the sum of Three hundred fifty dollars ($350.00) per violation. Each day after the
expiration date of any time limit ordered by the Board of Public Works or its designee for abating
a nuisance condition shall constitute a distinct and separate offense. Any person found in violation
of a provision of this Article whose property becomes listed as a continuous enforcement propert y
shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of
being listed. Thereafter, each violation shall be fined and assessed administrative fees related to
costs incurred by the city for inspections, abatement and administration and a penalty which shall
be as follows:
Fine Per Violation Continuous Enforcement Fee for
Administrative Expenses
2"d year $750.00 $400.00
3`d year $1,000.00 $450.00
411' year and thereafter $1,500.00 $500.00
(c) This section supplements and does not limit any other remedy or action available in
law or in equity being pursued by the Department of Law.
• ••
•••
••
MW
Section II. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is
amended to read in its entirety as follows:
Sec. 16 -61. Penalties and Administrative Fees.
(a) Except as otherwise provided, any person violating a provision of this chapter shall
be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not
less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars
($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty -
five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the
Board of Public Works or its designee for abating a nuisance condition under this chapter shall
constitute a distinct and separate offense.
Any person found in violation of the mowing regulations set forth in Section 16 -58
shall be fined the sum of Three hundred fifty dollars ($350.00) per violation. Each day after the
expiration date of any time limit ordered by the Board of Public Works or its designee for abating
a nuisance condition shall constitute a distinct and separate offense. Any person found in violation
of a provision of this Article whose property becomes listed as a continuous enforcement propert y
shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of
being listed. Thereafter, each violation shall be fined and assessed administrative fees related to
costs incurred by the city for inspections, abatement and administration and a penalty which shall
be as follows:
Fine Per Violation Continuous Enforcement Fee for
Administrative Expenses
2"d year $750.00 $400.00
3`d year $1,000.00 $450.00
411' year and thereafter $1,500.00 $500.00
(c) This section supplements and does not limit any other remedy or action available in
law or in equity being pursued by the Department of Law.
Ordinance on Tall Grass, Weeds, Etc.
Page 7
Section III. 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 IV. 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' Distrrhbl Council Member
Karen L. White, Council Member at Large
191-11,.;1:
John Voorde, City Clerk
me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2015, at o'clock _. m.
Janice Talboom, Deputy Clerk
me on the day of
_.m. to the Mayor of the City of South Bend, Indiana.
Pete Buttigieg, Mayor
1 st READING
PUBLIC HEARING
3 rd READING
NOT APPRQY23
F.EERRED
PASSED
2015, at _ o'clock
Filed in Aloe
JOh.
CITY CLERX, oauj q t END, IN
u
IM} i
Common Council
City of South Bend Indiana
Tim Scott, Council President
4'h Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5980 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD
April 20, 2015
Members of the Common Council
4 °i Floor County -City Building
South Bend, Indiana 46601
Re: Ordinance Updating the City's Tall Grass, Weeds, Noxious, Rank or
Overgrown Vegetation Regulations
Dear Council Members:
For the past several months we have been talking with members of the public and the City
Administration regarding the need to update our current regulations addressing tall grass and other
overgrown vegetation. Some of the City's regulations in this area have not been updated since
before 1962 which address a 12" maximum, while other City regulations have a 9" maximum.
Our review of several communities throughout Indiana, which have updated their regulations in
this area, established heights which range from 6" to 9" for the maximums allowed.
We believe that the property owner, who fails to comply with reasonable regulations in this area,
should bear the cost of compliance, rather than the City taxpayers. The attached ordinance would
do several things, such as:
• Update all regulations on this topic in the South Bend City Code
• Establish a consistent maximum height of 9" for such types of growth throughout the City
• Incorporate a program, similar to the one in City of Indianapolis, where the costs for
properties which are subject to continuous enforcement, would be assessed a fee amount
to help cover the costs of city inspections, abatement and administration, plus a fine
• Incorporates recommendations from the Environmental Protection Agency (EPA)
publications which recommend the use of natural landscaping regulations to help protect
the beauty of natural areas while helping to reduce the use of pesticides, reduce the use of
power landscape equipment and promote soil, water conservation and sustainability
Cover Letter 1'or the Proposed Ordinance Updating the City's Tall Grass, Weeds, Noxious, Rank or Overgrown Vegetation
Regulations
April 20, 2015
Page 2
• Encourage the use of native Indiana plants which require less fertilizer, fewer pesticides,
and less water and help prevent the spread of invasive plants and certification of qualifying
wildlife gardens, and EPA recommended rain gardens
We are also exploring a possible pilot program which would seek greater collaboration with non-
profit corporations who deal with youth in developing youth training, leadership skills and
employment opportunities. A separate Resolution will be filed which sets forth more details on
such a pilot program being proposed and developed, which would be heard at the same Common
Council meeting as the attached proposed ordinance.
We are also working and collaborating with the City Administration to assure that the entire
process is made available for all qualifying individuals.
We recommend that the proposed ordinance be referred to the Council's Health and Public Safety
Committee for review and recommendation. We look forward to sharing additional information
with you on this topic which unfortunately affects the quality of life in too many areas of our great
City. Thank you.
Most sincerely,,.—
Tim Scott, f", District Council Member
Council President
South Bend Common Council
Karen L. White, Council Member at Large
Community Relations Committee Chairperson
South Bend Common Council
Attachments
Filed in "JEN
4 ••.n .,f � b K Cf ly��Elvt
^ --_ _..
C 1 LAWRENCE P. MAGLIOZZI
-1 \ 0� JI� EXFCLI '1'l l�! 1)111! C'i'O It
v Angela M. Smith
D.Pury nlrarenr
AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN
127 W. JEFFERSON BLVD., ROOM 1140 COUNTY- CIi'1' BLI1.
Wednesday, April 22, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
offic
F i lm. 2df
CIYyLEtitm,:3f}r�'i'8t eiNEF3, l{V
01 (574) 23S -9571
RE: A proposed ordinance of Mohammad 1. Rasul to zone from MFl Urban Corridor Multifamily District to SF2
Single Family & Two Family District, property located at 1221 Miami Street, City of South Bend - APC#
2736 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Mohammad 1. Rasul was legally advertised on Thursday,
April 09, 2015 and that the Area Plan Commission at its public hearing on Tuesday, April 21, 2015 took the
following action:
Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the
proposed ordinance of Mohammad 1. Rasul to zone from MFI Urban Corridor Multifamily District
to SF2 Single Family & Two Family District, property located at 1221 Miami Street, City of South
Bend, is sent to the Common Council with a FAVORABLE recommendation. The low - density nature
of the existing residential home is consistent with the mixed -use character of 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: Mohammad L Rasul
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND
— — w . s I I. I. v H CO I T V, H O, n. A. c o n, n n e n,,qv
Staff Report 4/10/2015
APC # 2736 -15
Owner: Mohammad 1. Rasul
Location: 1221 Miami Street
Jurisdiction: City of South Bend
Public Hearing Date: 4/21/2015
Requested Action:
The petitioner is requesting a zone change from MFl Urban Corridor Multifamily District
to SF2 Single Family & Two Family District.
Land Uses and Zoning:
On site: On site is a two- family home.
North: To the north are multi- family homes zoned MFI : Urban Corridor
Multifamily District.
East: To the east across Miaimi Street is a vacant commercial building and a
residential building with a large accessory structure zoned LB: Local
Business District.
South: To the south is a multi - family home zoned MF1: Urban Corridor
Multifamily District.
West: To the west is a vacant lot zoned CB: Community Business District.
District Uses and Development Standards:
The SF2 District is established to protect, promote and maintain the development of single
family dwellings and two family dwellings in the urban core of the City of South Bend as
well as to provide for limited public and institutional uses that are compatible with an
urban residential neighborhood. The availability of public facilities (e.g., public water,
public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for
development within this district.
Site Plan Description:
Rezonings and petitions to SF2 do not require a site plan.
Zoning and Land Use History And Trends:
Prior to adoption of the current zoning ordinance in 2004, this property was zoned B:
Residential.
Traffic and Transportation Considerations:
Miami Street has four lanes.
Utilities:
This property is served by municipal sewer and water.
Agency Comments:
The City Engineer, County Surveyor, and The South Bend Department of Community
Investment recommend approval.
Commitments:
The petitioner is not proposing any written commitments.
APC # 2736 -15 Page 1 oft
Staff Renort 4/10/2015
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006). Policy H 1.1 - Encourage residential developments to contain a mix of housing
types, densities, price ranges, and amenities. Objective H 8: Promote homeownership
within city limits.
Land Use Plan:
The future land use map identifies this area as Commercial (Office & Retail).
Plan Implementation /Other Plans:
The Miami Street Commercial Corridor Revitalization Action Plan (December 2000)
identifies this area as a potential development site.
2. Current Conditions and Character:
Miami Street has a mix of residential and commercial uses.
3. Most Desirable Use:
The most desirable use is one that is compatible in a mixed -use area.
4. Conservation of Property Values:
Since the property is already used for residential purposes, surrounding property values
should not be negatively affected.
5. Responsible Development And Growth:
It is responsible development and growth to maintain and preserve the area for a range of
compatible uses.
Staff Comments:
The staff has no additional comments.
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.
Analysis:
The low - density nature of the existing residential home is consistent with the mixed -use
character of the area.
APC # 2736 -15 Page 2, of 2
f
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Rezoning from:
"MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT
to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT
NIASTER ZON IN KEY
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1 inch = 100 feet
APC # 2736 -15
April 19, 2015
Area Plan Commission
of St. Joseph County, IN
227 W. Jefferson Blvd
Room 1140 County -City Building
South Bend Indiana 46601
Area Plan Commission
APC# 2736 -15 remonstrating against the rezoning petition
Please consider this the written expression of my opinion/rebuttal to be included as part
of the petition file, to be submitted to the commission prior to the public hearing on
Tuesday, April 21, 2015.
Please DO NOT rezone the proposed area on Miami Street
In 2007, I specifically purchased the building at 1207 Miami Street because it is a 4 -unit
Multi - family building. If the current Multifamily District is rezoned to single family
and two family maximum, my 4 -unit multifamily property would become illegal and I
will be adversely affected with financial loss and potential bankruptcy.
My name is Romell Reed and I live in Seattle, WA. Ijust received this disturbing letter
on Saturday, April 18th. I cannot afford to hop on an airplane to appear in person to
verbalize my position against this petition. Instead, I will try to arrange for my local
Agent /Property Manager, Casey Harrison to attend.
Because of the late notice, the only way I can get my opinion/rebuttal to the Commission
before Tuesday, April 21" is by email.
Thanks for your consideration
Romell Reed
Romell's Investment Properties
PO Box 82511
Kenmore, WA 98028
(425 -485 -2215) Bargnbabe @aol.com
CC: Casey Harrison
R E C E E -0
doR 2 215
AREA PLAN 0.01VIMISSION
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1221
MIAMI STREET, COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
CURRENTLY ZONED MFI REQUESTING SF2 IN ORDER TO SELL A HOME
CONVERTED TO SINGLE FAMILY
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning
Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning
classification of the following described real estate in the City of South Bend, St. Joseph County, State of
Indiana:
LOT LETTERED "R" AS SHOWN ON THE RECORDED PLAT OF WENGER & KRIEGHBAUM'S
VISTULA AVENUE TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
be and the same is hereby established as SF2 Single Family Two Family 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 Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
20_1 at o'clock m.
Approved and signed by me on the
.m.
1st READING 3' l�
PUBLIC,, HEARING
3 rd READING
NOT APPROVED
REFERRED A 'P- 3
PASSED
City Clerk
day of ,
day of 20 , at o'clock
Mayor of the City of South Bend, Indiana
Red €PEE Office ;
MAR 11 2 15
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CITYCLEWC: SC1,;Th ;aND, IN
PETITION TO REZONE
City ofSouth Bend Indiana
1 (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: 1221 Miami Sr, South Bend, IN 46601
2) The property Tax Key Number(s) is /are: 018 - 7017 -0701, parcel Number: 71- 08- 13- 228 - 012.000 -026
3) Name and address of property owner(s) of the petition site:
Mohummud 1. Rawl
55566 Labrcdor Paint C'7'
Osceola, IN 46561
574- 333 -8450
labrador5566(r)att.net
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name
nddress
City. State Zip (:`ode
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: MFI Urban Corridor Multifamily District Additional zoning district, if applicable
To: SF2 Single }gamily Two Family District
6) This rezoning is requested to allow the following use(s): Single Family Home
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:
Alohamntad l Rar it
55566 Labrador Point CT
Osceola IN46J61
5'4- 333 -8450
lahrudor5566italt.net
—
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Signature(s) of all property owner(s), or signature of Attorney or all property
Y owner(s):
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Pt a �• e> I
C@ i c ERwL
C � � l l L /LAWRENCE P. MAGLIOZZt
l J \r` EXECUTIVE UIREC "I'OR
Angela M. Smith
D'"'y ni.Pr.nr
AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN
227 W. JEFF'IiRSON BLVD., ROOM 1140 COUNTY CI'rY BUN DIN
Wednesday, April 22, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
II i, 61': N. D.t 1V,1?1E13fftb (574) 215 9S71
CITY CLLRK, z46 J' H 21END, IN
RE: A proposed ordinance of The City of South Bend Department of Community Investment and the City of
South Bend Parks Department to zone from MU Mixed Use District and GB General Business District to
CBD Central Business District, property located at 416 Western Avenue and 501 W. South Street, City of
South Bend - APC# 2738 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of The City of South Bend Department of Community
Investment and was legally advertised on Thursday, April 09, 2015 and that the Area Plan Commission at its
public hearing on Tuesday, April 21, 2015 took the following action:
Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, the
proposed ordinance of The City of South Bend Department of Community Investment and the City of
South Bend Parks Department to zone from MU Mixed Use District and GB General Business
District to CBD Central Business District, property located at 416 Western Avenue and 501 W. South
Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.
The City continues to support the development and redevelopment of downtown properties. Zoning
these properties to the same zoning classification as the surrounding properties will encourage
compatible development opportunities.
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 k,
I J 7
I /f
Lawrence P. Magliozzi
Attachment
CC: The City of South Bend Department of Community Investment
Jones Petrie Rafinski
City of South Bend Parks Department
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND
www. S TI o S E P w C O V N Y. N p I A H A. c o n. A a E A P L AN
ataff Report
4/10/2015
APC # 2738 -15
Owner: The City of South Bend Department of Community Investment
Location: 416 Western Avenue and 501 W. South Street
Jurisdiction: City of South Bend
Public Hearing Date: 4/21/2015
Requested Action:
The petitioner is requesting a zone change from MU Mixed Use District and GB General
Business District to CBD Central Business District.
Land Uses and Zoning:
On site: On site is a portion of Four Winds Field, a retail store, a parking lot, and a
vacant commercial building.
North: To the north across Western Avenue is the VA clinic zoned GB General
Business and CBD Central Business District.
East: To the east is land used in conjunction with Four Winds Field zoned CBD
Central Business District.
South: To the south is Four Winds Field stadium zoned CBD Central Business
District.
West: To the west across William Street is a multi - family structure and a
commercial building zoned MU Mixed Use and GB General Business.
District Uses and Development Standards:
The CBD Central Business District is established to promote the development of the
downtown region of the City of South Bend as a center for trade, finance, government,
high density residential and entertainment districts within St. Joseph County and north
central Indiana. The regulations of this district are intended to encourage high density, mid -
rise and high rise developments which may include a mixture of compatible urban uses.
The development standards in this district, while designed to provide for high density
development, also encourage a pedestrian friendly environment supportive of urban
residential developments, retail, restaurant, theater and similar business and cultural uses
associated with major metropolitan areas.
Site Plan Description:
The area being rezoned is a portion of the larger Four Winds Field at Coveleski Park. The
Cub Den retail store and another commercial building currently exist on the site, as well as
a portion of the stadium that contains the Tiki Hut and the Fun Zone. No new structures
are proposed at this time. The remainder of the site is parking and open space.
Zoning and Land Use History And Trends:
In 2007 the City acquired the former Sears Building and GatesToyota property to allow for
the expansion of Coveleski Stadium.
Traffic and Transportation Considerations:
Western Avenue and William Street have two lanes plus on- street parking.
Utilities:
This site is served by municipal water and sewer.
APC # 2738-15 Page 1 of 2
Staff Report
Agency Comments:
The County Surveyor, City Engineer, and Department of Community Investment
recommend approval.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
4/10/2015
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006)
Objective AC 3: Establish downtown South Bend as a destination for arts and culture
within a multi -state region.
Land Use Plan:
The future land use map identifies this area as Commercial (Office & Retail) and Central
Business District.
Plan Implementation /Other Plans:
There are no other plans for this area.
2. Current Conditions and Character:
The area immediately around the site has been developed for uses that support the use and
enjoyment of the baseball stadium, including other uses compatible with the CBD District.
3. Most Desirable Use:
The most desirable use for the land is one that supports the existing uses and
developments in the downtown area.
4. Conservation of Property Values:
Due to the fact that the use of the property will not change, surrounding property values
should not be affected.
5. Responsible Development And Growth:
It is responsible development and growth to zone the property CBD Central Business
District in order to make it compatible with surrounding properties.
Staff Comments:
The staff has no additional comments.
Recommendation:
Based on information available prior to the public hearing, staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation.
Analysis:
The City continues to support the development and redevelopment of downtown
properties. Zoning these properties to the same zoning classification as the surrounding
properties will encourage compatible development opportunities.
APC # 2738 -15 Page 2 of 2
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 416 WESTERN AVENUE AND 501 W. SOUTH STREET,
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Portions of Lots 1 and 2 of the recently recorded subdivision of Coveleski Park contain
small areas of mixed use (MU) and General Business (GB) Zoning. The request is to
change these areas to Central Business District (CBD) as the remainder of the Plat
consists of.
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:
Portions of Lots 1 and 2 of Coveleski Park Minor Subdivision as recorded in the Office
of the Recorder being more particularly described as follows: Beginning at the
Northwest Corner of Lot 2 of said Coveleski Park; Thence North 890 21' 34 ", East
427.71 feet along the North line of said Lot 2; Thence South 01' 01' 04" East 385.87
feet: Thence North 76° 41' 50" West 306.60 feet; Thence South 890 16' 22" West
129.54 feet to the East boundary of Williams Street; Thence North 01 ° 12' 58" West
312.20 feet along said East boundary to the point of beginning and containing 3.31
acres, more or less.
be and the same is hereby established as CBD Central 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 Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
_day of 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
City Clerk
day of
Mayor, City of South Bend, Indiana
2 , at
1 at READING
PUELIC HEAR{NG LU15
3,d READING � 1
;JOT APPROVED --
REFERRED OE'iYCI� _ .:iu,tCt
PASSED:......_._..�..�.. __...._�..
PETITION TO REZONE
City of South Bend Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as
herein requested.
1) The property sought to be rezoned is located at: Area south of Western Ave., east of William St., west of Lafayette Blvd. and
north of Covelski stadium.
2) The property Tax Key Number(s) is /are: 18 -3014 -0515 & 18- 3014- 051501
3) Name and address of property owner(s) of the petition site:
City of South Bend
Department of Community Investment
227 W Jefferson Blvd.,, Ste. 1400S
South Bend, IN 46601
(574) 235 -9371
drelos@southbendin.gov
Name and address of additional property owners, if applicable:
City of South Bend
Parks Department
321 E Walter Street
South Bend, IN 46614
(574) 299 -3482
pstclair@southbeiidin.gov
4) Name and address of contingent purchaser(s), if applicable:
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: MU Mixed Use District GB General Business District
To: CBD Central Business District
6) This rezoning is requested to allow the following use(s): Those as allowed in Central Business District
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:
Jones Petrie Rafinski
Mikel Currier
412 S Lafayette Blvd
South Bend, IN 46601
(574) 232-4388
mcurrier@jprlsource.com
of a l prqperty o0er(s), or signature of Attorney for all property owner(s):
Piled irl CI-71 P
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CITY