HomeMy WebLinkAbout06-22-15 Agenda, Packet & Committee Meeting NoticeOFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
June 18, 2015
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for Monday, June 22.
2015 in the Council Informal Meeting Room, 4th Floor County -City Building 227 W
Jefferson Blvd.. South Bend, Indiana:
3:30 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON
1.
Bill No. 07 -15 — Rezoning — NW Corner of Northside Blvd, Notre Dame Ave.
and Frances St. (TRANSPO Site)
2.
Bill No. 20 -15 - Rezoning — 605 N. Hickory Rd.
3.
Bill No. 21 -15 - Rezoning — 2212 Mishawaka Ave.
3:50 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
T.
Bill No. 27 -15 — Approve a Resolution and Establishing an Economic
Development Target Area, JMS Building and Adjacent Parking Lot
2.
Bill No. 15 -51 — Designating Tax Abatement — JSK Development/Ireland
Hospitality —122 Callander -6 year Real Property
3.
Bill No. 15 -52 — Approve and Agreement Extending the St. Joseph County
Housing Consortium
4:10 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1.
Bill No. 30 -15 — Appropriate Additional Funds For Certain Departmental & City
Services Operations 2015
2.
Bill No. 31 -15 — Appropriate Additional Funds For Certain Departmental &
Enterprise Operations in 2015
3.
Bill No. 32 -15 — Budget Transfers for Various Department for 2015
455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov
KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
4:30 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON
1. Bill No. 24 -15 — Amend Various of the South Bend Municipal Code to
Decrease the Sewer Insurance Program Deductible and to Make Other
Program Changes
2. Bill No. 25 -15 — Amend Sections of Chapter 16, of the South Bend Municipal
Code to Provide yard Waste Removal Solely from City Furnished Containers
3. Bill No. 26 -15 — Amend Sections of Chapter 16 of the South Bend Municipal
Code to Adjust Fees for city Collection of Disposal of Refuse Materials
5:15 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON
T. Bill No. 22 -15 - Amend Chapter 19 of the SBMC Addressing Tall Grass,
Weeds, Noxious Weeds and Rank or Overgrown Vegetation
2. Bill No. 15 -35 - A Resolution Recommending that a Tall Grass/Weed
Abatement Pilot Program Focusing on Providing Local Youth with Working
Opportunities for the Summer of 2015
3. Bill No. 18 -15 — Amend Various Sections of Chapter 20 of the South Bend
Municipal Code by Amending and Establishing City -Wide Regulations
banning the Use of all Hand -Held Electronic Communications Devices while
Driving
4. Bill No. 15 -53 — Approve a First Amendment to the Interlocal Agreement for
the elimination, Reorganization, and Consolidation of Public Safety Answering
Points (PSAP)
Council President Tim Scott has called an Informal Meeting of the Council which will
commence immediately after the adjournment of the Health & Public Safety Committee.
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
News Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS:
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
REVISED
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SOUTH BEND COMMON COUNCIL MEETING
MONDAY, JUNE 22, 2015
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
7:00 P.M.
15 -44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RECOGNIZING AND PUBLICLY
HONORING GRAND MASTER JERRY SPONSELLER FOR BEING
INDUCTED INTO THE USA MARTIAL ARTS HALL OF FAME AND
FOR HAVING SUCH AN ENDURING AND VERY POSITIVE
IMPACT OF THOUSANDS OF YOUTH IN OUR COMMUNITY
6. REPORTS OF CITY OFFICES - MAYOR PETE BUTTIGIEG
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
07 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT THE NW CORNER OF
NORTHSIDE BLVD, NOTRE DAME AVENUE AND FRANCES
STREET COMMONLY NOW AS TRANSPO SITE, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
20 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING.
ORDINANCE FOR PROPERTY LOCATED AT 605 NORTH HICKORY
ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4
IN THE CITY OF SOUTH BEND, INDIANA
21 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 2212 MISHAWAKA AVE,
COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH
BEND, INDIANA
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
22 -15 PUBLIC HEARING 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
24 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS OF CHAPTER 17, ARTICLE 7, OF THE SOUTH
BEND MUNICIPAL CODE TO DECREASE THE SEWER INSURANCE
PROGRAM DEDUCTIBLE AND TO MAKE OTHER PROGRAM
CHANGES
25 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS
OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND
MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY
FROM CITY FURNISHED CONTAINERS
26 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
16, SECTIONS 16 -6 AND 16 -8 OF THE SOUTH BEND
MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION
AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS
30 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY
SERVICES OPERATIONS IN 2015 OF $200,000 FROM LOCAL
ROAD & STREETS FUND ( #251), $800 FROM PROFESSIONAL
SPORTS DEVELOPMENT FUND ( #377) AND $316,091 FROM
CEDIT FUND ( #408)
31 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2015 OF $14,500 FROM
WATERWORKS BOND RESERVE FUND ( 4626) AND $297,000
FROM CENTURY CENTER FUND ( #671)
32 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2015
27 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A
RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT
TARGET AREA, JMS BUILDING AND ADJACENT PARKING LOT
8. BILLS, THIRD READING
BILL Nn_
TIME:
07 -15 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT THE NW CORNER OF
NORTHSIDE BLVD, NOTRE DAME AVENUE AND FRANCES
STREET COMMONLY NOW AS TRANSPO SITE, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
20 -15 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 605 NORTH HICKORY
ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4
IN THE CITY OF SOUTH BEND, INDIANA
21 -15 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 2212 MISHAWAKA AVE,
COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH
BEND, INDIANA
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
22 -15 THIRD 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
24 -15 THIRD READING ON A BILL
THE CITY OF SOUTH BEND,
SECTIONS OF CHAPTER 17,
BEND MUNICIPAL CODE TO DE
PROGRAM DEDUCTIBLE AND
CHANGES
OF THE COMMON COUNCIL OF
INDIANA, AMENDING VARIOUS
ARTICLE 7, OF THE SOUTH
CREASE THE SEWER INSURANCE
TO MAKE OTHER PROGRAM
25 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS
OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND
MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY
FROM CITY FURNISHED CONTAINERS
26 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
16, SECTIONS 16 -6 AND 16 -8 OF THE SOUTH BEND
MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION
AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS
30 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY
SERVICES OPERATIONS IN 2015 OF $200,000 FROM LOCAL
ROAD & STREETS FUND ( #251), $800 FROM PROFESSIONAL
SPORTS DEVELOPMENT FUND ( #377) AND $316,091 FROM
CEDIT FUND ( 4408)
31 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2015 OF $14,500 FROM
WATERWORKS BOND RESERVE FUND ( #626) AND $297,000
FROM CENTURY CENTER FUND ( #671)
32 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2015
27 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A
RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT
TARGET AREA, JMS BUILDING AND ADJACENT PARKING LOT
9. RESOLUTIONS
BILL NO.
15 -45 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 111 SOUTH ST. JOSEPH ST., SOUTH BEND, IN
46601 AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX
ABATEMENT FOR JSK DEVELOPMENT, INC. /SOUTHHOLD, LLC
15 -46 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 121 SOUTH ST. JOSEPH ST., SOUTH BEND, IN
46601 AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX
ABATEMENT FOR JSK DEVELOPMENT, INC. /SOUTHHOLD, LLC
15 -47 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS CRESCENT OAKS, SECTION THREE AS A
RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5)
FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT
FOR TAMPICO DEVELOPMENTS, LLC
15 -48 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 4701 NIMTZ PARKWAY, SOUTH BEND, IN 46628
AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
SCHAFER INDUSTRIES, INC.
15 -49 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 325 S. WALNUT ST., SOUTH BEND, IN 46601 AS
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
MASTERBILT, INC.
15 -50 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 106 -110 NORTH MAIN ST., SOUTH BEND, IN
46601 AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX
ABATEMENT FOR HISTORIC JMS BUILDING, LLC
15 -51 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 122
CALLANDER ST., SOUTH BEND, IN, 46614 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR
REAL PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT,
INC /IRELAND HOSPITALITY, LLC
15 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RECOMMENDING THAT A TALL
GRASS /WEED ABATEMENT PILOT PROGRAM FOCUSING ON
PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE
SKILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR
THE SUMMER OF 2015
15 -52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING AN AGREEMENT
EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM
AND AUTHORIZING THE EXECUTION THEREOF
15 -53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A FIRST AMENDMENT TO
THE INTERLOCAL AGREEMENT FOR THE ELIMINATION,
REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY
ANSWERING POINTS IN ST. JOSEPH COUNTY, INDIANA, AND
OTHER RELATED MATTERS
10. BILLS, FIRST READING
BILL NO.
33 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS
OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL
CODE TO ADDRESS AMBULANCE /MEDICAL SERVICE FEES
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT
TIME:
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
Em
C LAWRENCE P MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy D—clnr
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 9571
Wednesday, May 20, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of South Bend Public Transportation Corp. to zone from MU Mixed Use District and
MF I Urban Corridor Multifamily District to SF2 Single Family & Two Family District property located at
the intersections of Northside Boulevard with Notre Dame Avenue and Frances Street (commonly known as
the TRANSPO Site), City of South Bend - APC# 2735 -15.
Dear Council Members:
1 hereby Certify that the above referenced ordinance of South Bend Public Transportation Corp. was legally
advertised on Thursday, March 05, 2015 and that the Area Plan Commission at its public hearing on Tuesday, May
19, 2015 took the following action:
Upon a motion by John DeLee, being seconded by Dan Brewer and unanimously carried, a proposed
ordinance of South Bend Public Transportation Corp. to zone from MU Mixed Use District and MFI
Urban Corridor Multifamily District to SF2 Single Family & Two Family District property located at the
intersections of Northside Boulevard with Notre Dame Avenue and Frances Street (commonly known as
the TRANSPO Site), City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation. Redevelopment of this site for single family residential will strengthen the existing
Howard Park Neighborhood and address a demand for urban housing as identified by local developers, real
estate professionals, and the Howard Park Neighborhood Plan.
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: South Bend Public Transportation Corp.
Century Builders
Abonmarche Consultants
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW. STI OS EP HC OU NTY I N O I A N A. CON /AR EAPLAN
Staff Report
APC #
Owner:
Location:
5/8/2015
2735 -15
South Bend Public Transportation Corp.
the intersections of Northside Boulevard with Notre Dame Avenue and
Frances Street (commonly known as the TRANSPO site)
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 MFI Urban
Corridor Multifamily District to SF2 Single Family & Two Family District and seeking
three variances.
Land Uses and Zoning:
On site: On site is vacant land.
North: To the north are single family homes zoned MFI Urban Corridor
Multifamily District and Rose Brick zoned MU Mixed Use.
East: To the east across Frances Street is an industrial building zoned LI Light
Industrial and single family homes zoned SF Single Family & Two
Family District.
South: To the south across Northside Boulevard is park property adjacent to the St.
Joseph River zoned MU Mixed Use.
West: To the west across St. Peter Street is an office building zoned MU Mixed
Use and a vacant lot zoned MF 1 Urban Corridor Multifamily 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:
The area to be rezoned is approximately 9 acres. The development will include a mixture
of single family home types, including townhomes, high density detached homes, and
traditional single family homes on 54 new lots. The petitioner is seeking variances to
allow 15' front yard setbacks and 4' side yard setbacks for parcels A through F. They are
also seeking a variance from the required 40' minimum lot width to 29' for parcels B and F.
Zoning and Land Use History And Trends:
The site has historically been focused around transportation. Originally the trolley bam for
the trolley system, it later became the administration offices and service area for
TRANSPO.
APC # 2735 -15 Page 1 of 3
Staff Report
Traffic and Transportation Considerations:
5/8/2015
Northside Boulevard has two lanes. Wayne Street, Notre Dame Avenue and Frances Street
are two -lane roads with on- street parking. The City is proposing to extend St. Peter south
to intersect with Northside.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The Department of Community Investment offers a favorable recommendation.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603:
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.
Land Use Plan:
The future land use map identifies this area as mixed use and high density residential.
Plan Implementation /Other Plans:
The Howard Park Neighborhood Plan (2012) identifies this area as single family
residential.
2. Current Conditions and Character:
The area has a wide mix of uses ranging from single family to industrial typical of an area
that was once bordered by a rail line.
3. Most Desirable Use:
The most desirable use of land is for medium to high density residential.
4. Conservation of Property Values:
Due to the low impact of residential development, surrounding property values should not
be affected.
5. Responsible Development And Growth:
It is responsible development and growth to support the redevelopment of this area with
single family homes, as supported by the Howard Park Neighborhood Plan.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and 3 variances
from the development standards. The Commission will forward the rezoning to the
Council with or without a recommendation and either approve or deny the variances.
APC # 2735 -15 Page 2 of 3
Staff Report
5/8/2015
The petitioner is also requesting the following variances:
1) From the required Minimum Lot Width of 40' to 29' for Parcels B & F;
2) From the required 25' minimum front yard building setback to 15' for Parcels A - F; and
3) From the required minimum side yard of 5' or 10% of lot width, whichever is greater, to
4' for Parcels A - F.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved.
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community. The project is establishing new lots for residential
development. Many of the lots in the surrounding neighborhood have setbacks consistent
with the proposed development. While the reduced lot widths will increase density, it will
not negatively impact the general welfare of the community because the appropriate
infrastructure is already in place.
(2) The use and value of the area adjacent to the property included in the variance will not
be affected in a substantially adverse manner. The residential development is surrounded
by a mix of uses. The low impact of the development should not affect surrounding
property values.
(3) The strict application of the terms of this Chapter would result in practical difficulties
in the use of the property. The strict application would prevent the development from
instituting a neighborhood layout appropriate to this specific location. It's close proximity
to downtown and the river support the request for a more urban residential pattern.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation. The
staff recommends approval of the variances, subject to the rezoning.
Analysis:
Redevelopment of this site for single family residential will strengthen the existing
Howard Park Neighborhood and address a demand for urban housing as identified by local
developers, real estate professionals, and the Howard Park Neighborhood Plan.
APC # 2735 -15 Page 3 of 3
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
THE NW CORNER OF NORTHSIDE BLVD, NOTRE DAME AVENUE AND FRANCES STREET
(COMMONLY KNOWN AS TRANSPO SITE),
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
REZONE THE PROPOSED PARCELS FROM THE CURRENT ZONING OF
MU -MIXED USE DISTRICT AND MF1 -URBAN CORRIDOR MULTIFAMILY DISTRICT TO
SF2 SINGLE FAMILY & TWO FAMILY DISTRICT
IN ORDER TO DEVELOP THE AREA WITH HOUSING IN THE URBAN CORE OF THE CITY OF
SOUTH BEND, AS WELL AS PROVIDE FOR LIMITED PUBLIC AND INSTITUTIONAL USES
THAT ARE COMPATIBLE WITH AN URBAN RESIDENTIAL NEIGHBORHOOD.
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:
PARCEL I:
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37
NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA, AND ALSO BEING KNOWN AS PART OF LOTS 1, 8, 9, 10, 12, 13
AND ALL OF LOTS 2 AND 7 ALEX COQUILLARD'S SECOND ADDITION TO THE CITY
OF SOUTH BEND, AND ALL OF LOTS 341 AND 347 SAMUEL L. COTTRELL'S FIRST
ADDITION TO THE TOWN OF LOWELL, AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF
NOTRE DAME AVENUE AND THE NORTH RIGHT -OF -WAY LINE OF NORTHSIDE
BOULEVARD; THENCE NORTH 62'56'10" WEST ALONG THE SAID NORTH RIGHT -OF-
WAY LINE, 154.71 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING
NORTH 62056'10" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE 232.20 FEET TO
THE EASTERLY RIGHT -OF -WAY OF ST. PETER STREET; THENCE S00 °02'46 "W,
ALONG SAID EASTERLY RIGHT -OF -WAY 219.23 FEET TO THE SOUTHWEST CORNER
OF LOT 340 IN SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL;
THENCE NORTH 89 °51'00" EAST, 267.32 FEET; THENCE SOUTH 00 °02'18" WEST, 274.70
FEET; THENCE SOUTH 89 °51'00" WEST, 27.50 FEET; THENCE SOUTH 00'02'18" WEST.
50.72 FEET TO THE PLACE OF BEGINNING.
PARCEL II:
A PARCEL OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF NOTRE
DAME AVENUE WITH THE NORTHERLY RIGHT -OF -WAY LINE OF NORTHSIDE
BOULEVARD; THENCE NORTH 00 °00'00" EAST, ALONG SAID WEST RIGHT -OF -WAY LINE, A
DISTANCE OF 338.36 FEET TO THE PLACE OF BEGINNING FOR THIS DESCRIPTION; THENCE
SOUTH 89 °51'00" WEST, A DISTANCE OF 110.11 FEET; THENCE NORTH 00'02'18" EAST A
DISTANCE OF 57.82; THENCE NORTH 89 °51'00" EAST, A DISTANCE OF 110.07 FEET TO A
POINT ON SAID WEST RIGHT -OF -WAY LINE; THENCE SOUTH 00 °00'00" WEST, ALONG SAID
WEST RIGHT -OF -WAY LINE, A DISTANCE OF 57.82 FEET TO THE PLACE OF BEGINNING.
PARCEL III:
THE EAST PART OF LOTS 1, 8, 9,13 AND 14 TOGETHER WITH THE VACATED ALLEYS
APPURTENANT THERETO AS SHOWN ON THE RECORDED PLAT OF ALEXIS
COQUILLARD' S SECOND ADDITION TO THE CITY OF SOUTH BEND, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND IN THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 37, NORTH, RANGE 2 EAST, CITY OF SOUTH BEND,
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF NOTRE DAME
AVENUE AND THE NORTH RIGHT -OF -WAY LINE OF NORTHSIDE BOULEVARD; THENCE
NORTH 62c56'10" WEST, 154.71 FEET ALONG SAID NORTH RIGHT -OF -WAY LINE; THENCE
NORTH 00002'18" EAST 50.72 FEET; THENCE NORTH 89 °51'00" EAST, 27.50 FEET; THENCE
NORTH 00002'18" EAST, 274.70 FEET; THENCE NORTH 89 °51'00" EAST, 110.07 FEET TO THE
WEST RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH 00 °00'00" WEST,
396.18 FEET ALONG SAID RIGHT -OF -WAY LINE TO THE POINT OF BEGINNING, AND
EXCEPTING THEREFROM THE FOLLOWING: A PARCEL OF LAND BEING A PART OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF
SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE
WEST RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE WITH THE NORTHERLY RIGHT -OF-
WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 00 °00'00" EAST, ALONG SAID
WEST RIGHT -OF WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 00 °00'00" EAST,
ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 338.36 FEET TO THE PLACE OF
BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 89 °51'00" WEST, A DISTANCE OF
110.11 FEET; THENCE NORTH 00'02'1 8' EAST, A DISTANCE OF 57.82 FEET; THENCE NORTH
89 °51'00" EAST, A DISTANCE OF 110.07 FEET TO A POINT ON SAID WEST RIGHT -OF -WAY
LINE; THENCE SOUTH 00 000'00" WEST ALONG SAID WEST RIGHT -OF -WAY LINE, A
DISTANCE OF 57.82 FEET TO THE PLACE OF BEGINNING.
PARCEL IV:
LOTS NUMBERED THREE HUNDRED THIRTY -NINE (339), THREE HUNDRED FORTY (340),
THREE HUNDRED FORTY -FIVE (345), AND THREE HUNDRED FORTY -SIX (346) AS SHOWN
ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF
LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN SAID LOTS 339, 340,
345 AND 346.
PARCEL V:
LOTS NUMBERED THREE HUNDRED THIRTY -EIGHT (338), AND THREE HUNDRED FORTY -
FOUR (344) AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION
TO THE TOWN OF LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN
SAID LOTS 338 AND 344.
PARCEL VI:
PART OF THE SOUTH HALF (1/2) OF LOT NUMBERED TWENTY -TWO (22) AS SHOWN ON
THE RECORDED PLAT OF COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW
THE CITY OF SOUTH BEND, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF SAID LOT 22; THENCE WEST ALONG THE SOUTH LINE OF SAID
LOT 22, 344.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22; THENCE NORTH
ALONG THE WEST LINE OF SAID LOT 22 (BEING ALSO THE EAST LINE OF NOTRE DAME
AVENUE), 102.67 FEET; THENCE SOUTHEASTERLY 285.02 FEET TO A POINT THAT IS 59.50
FEET WEST OF THE EAST LINE OF SAID LOT 22; THENCE SOUTH ALONG A LINE 59.50 FEET
WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 22, 59.85 FEET; THENCE EAST A
RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 59.50 FEET TO THE EAST LINE OF SAID
LOT 22; THENCE SOUTH, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, ALONG
THE EAST LINE OF SAID LOT 22 (BEING ALSO THE WEST LINE OF FRANCES STREET), 25.04
FEET TO THE POINT OF BEGINNING.
PARCEL VII:
LOTS NUMBERS TWO (2) THROUGH FIVE (5), SEVEN (7) THROUGH TEN (10), AND TWELVE
(12) THROUGH FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF GEORGE BECK'S
FIRST ADDITION TO THE CITY OF SOUTH BEND. ALSO LOTS NUMBERED EIGHTEEN (18)
THROUGH TWENTY (22), TWENTY -THREE (23), TWENTY -FOUR (24), AND TWENTY -SEVEN
(27) AS SHOWN ON THE RECORDED PLAT OF GEORGE BECK'S SECOND ADDITION TO THE
CITY OF SOUTH BEND, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN SAID
LOTS AND ADJACENT THERETO, AND EXCEPTING THEREFROM THAT PART OF SAID LOTS
ACQUIRED BY THE CITY OF SOUTH BEND FOR NORTHSIDE BOULEVARD FOR STREET
PURPOSES.
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 day of ,
20 , at
o'clock m.
Approved and signed by me on the
.m.
I sr READING Z- c� —( }'
PUBLIC NEARING
3 rd READING
NOT APPROVED
REFERRED A .19- 2A—1
PASSED
City Clerk
day of , 20 , at o'clock
Mayor of the City of South Bend, Indiana
Filed k: 41fice
r " , 4 ZU14
J47P;
CITYCLER's,; _ : WD, IN
PETITION FOR A COMBINED HEARING
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: NW corner of Northside Blvd., Notre Dame Avenue &
Frances Street (commonly known as the Transpo Site)
2) The property Tax Key Number(s) is /are:
018- 6004 -0096, 018- 6004 -0103, 018- 6012- 027101, 018- 6004 - 009901, 018- 6004 -0104, 018- 6006 - 016602,
018- 6008 -0183 and part ofparcels 018- 6004 -0099, 018- 6002 -0040, 018- 6012 -0271, 018- 6004 -0097
3) Name and address of property owner(s) of the petition site:
South Bend Public Transportation Corp.
P.O. Box 1437
South Bend, IN 46624
Phone Number: 574- 233 -2131
E -Mail Address:
Name and address of additional property owners, if applicable: .
4) Name and address of contingent purchaser(s), if applicable:
Century Builders, Inc.
314 W. Catalpa, Suite F
Mishawaka, IN 46545
Phone Number: 574- 277 -4171
E -Mail Address: david @centurycustombuilders.com
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 and MFl- Urban Corridor Multifamily District
To: SF2 Single Family and Two Family District
6) This rezoning is requested to allow the following use(s): Urban core single family housing
7) If applicable, a detailed description and the purpose of the variance(s) being requested:
(See attached Conceptual Exhibit drawing)
1) From the required lot width for a single family dwelling of 40 feet to 29 feet for Parcels B & F
2) From the required 25 foot front yard setback to a l S foot setback for all lots; and
3) From the required side yard offtve (S) feet or 10% of lot width, whichever is greater, to a side yard
setback of 4 feet for all lots
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community:
The reduced setbacks and lot width allow homes to be built in the development that will be consistent
with the adjacent neighborhoods.
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;
The parcels are currently vacant with adjacent parcels being mixed zoning of residential, mixed use
and light industrial The Petitioner is proposing to construct new homes that would be consistent in
size and value of other homes in the area The surrounding property value will not be affected
adversely, only improved due to commitment to the redevelopment of the neighborhood.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property:
Requiring to abide by the existing required lot width and front and side yard setback requirements
would result in practical difficulties since the proposed house plans would not fit on the proposed lots
and the overall project would not be able to sustain the housing density required for the overall
project.
9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be
submitted.
10) Applications for subdivisions should be obtained from the office of the Area Plan Commission.
11) 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) six (6) site plans; and
(c) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
CONTACT PERSON:
Daryl S. Knip, PE
Abonmarche Consultants, Inc.
750 Lincoln Way East
South Bend, IN 46601
Phone Number: 574- 232 -8700
E- MailAddress: dknip@abonmarche.com
Signature(s) of all property owner(s), or signature of Attorney for all property owner(s):
South Bend Public Transportation Corp.
cited in Clark's Office,
FEB IU15 ..
JOHN V001�,Df-:
CITY CLEM SOOT: � BEND, IN
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 IS74) 2359571
S�S5A�-J_ 6L11 /J6_Zd -_�r
Wednesday, May 20, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of South Bend Self Storage LLC to zone from GB General Business District and CB
Community Business District to PUD Planned Unit Development District, property located at 605 North
Hickory Road, City of South Bend - APC# 2741 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of South Bend Self Storage LLC was legally advertised on
Thursday, May 07, 2015 and that the Area Plan Commission at its public hearing on Tuesday, May 19, 2015 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, the proposed
ordinance of South Bend Self Storage LLC to zone from GB General Business District and CB
Community Business District to PUD Planned Unit Development District, property located at 605 North
Hickory Road, City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation. This site is suited for uses allowed in GB General Business District, LB Local
Business District, and CB Community Business District. Zoning to PUD Planned Unit Development
District will allow for a wide range of compatible commercial uses not explicitly listed in any single
zoning district.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in
the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely, n
Lawrence P. Magliozzi
Attachment
CC: South Bend Self Storage LLC
Danch, Hamer & Associates
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STI OS EPHCO U NT T I ND'ANA.0 O N I A REAPLAN
Staff Report 5/8/2015
APC # 2741 -15
Owner: South Bend Self Storage LLC
Location: 605 North Hickory Road
Jurisdiction: City of South Bend
Public Hearing Date: 5/19/2015
Requested Action:
The petitioner is requesting a zone change from GB General Business District to PUD
Planned Unit Development District.
Land Uses and Zoning:
On site: On site is a former retail space that has been converted into mini -
warehouse storage units.
North: To the north are single family homes zoned SF Single Family & Two
Family District.
East: To the east is a vacant lot zoned PUD Planned Unit Development District
and a Dollar General store zoned CB Community Business District.
Across Hickory Road is a multi- tenant shopping plaza in the City of
Mishawaka.
South: To the south are retail stores and an Elks Lodge zoned CB Community
Business District.
West: To the west is a vacant lot zoned PUD Planned Unit Development.
District Uses and Development Standards:
The Planned Unit Development (PUD) District is designed and intended to: encourage
creativity and innovation in the design of developments; provide for more efficient use of
land; permit special consideration of property with outstanding natural or topographical
features; facilitate use of the most appropriate construction techniques in the development
of land; and, provide for any individual land use not otherwise specified elsewhere in this
Ordinance. The PUD District encourages imaginative uses of open space, promotes high
standards in design and construction, and furthers the purposes of the Comprehensive
Plan. The PUD District is not intended for the development of residential subdivisions or
other developments which are provided for as a matter of right within any district of this
Ordinance.
Site Plan Description:
The 10.61 acre site contains a 128,614 square foot building, previously used for retail. A
30,000 square foot retail space is proposed with the remaining 9,244 designated as self -
storage warehousing space. A portion of the structure is currently being used for self -
storage warehousing. A total of 117 parking spaces will be provided for all uses. The
west property line, north of the building, will be screened using either a fence or
landscaping. The existing freestanding sign along Hickory Road will remain and may not
be increased in height or area without proper approval as per the City zoning ordinance.
APC# 2741 -15 Page 1 of
Staff Report
Zoning and Land Use History And Trends:
5/8/2015
Prior to the adoption of the current zoning ordinance in 2004, the site was primarily zoned
C Commercial, with the northern 120' zoned B Multifamily. In 2011, the property to the
west and an outlot fronting on Hickory to the east was rezoned to PUD (APC# 2597 -11)
for a self -lock storage project, CB Community Business uses, and single or multi - family
residential uses. A secondary site plan has not been submitted. In 2014, the majority of
the site was rezoned to GB General Business District (APC# 2704 -14) to allow for mini -
warehouse storage units with a Special Exception Use for outdoor storage.
Traffic and Transportation Considerations:
Hickory Road has four lanes and a center turn lane.
Utilities:
This property is served by municipal sewer and water.
Agency Comments:
The County Surveyor and Department of Community Investment offer a favorable
recommendation. The City Engineer notes that approval will be subject to a drainage plan
and final site plan review.
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:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006). Policy ED 1.2: Encourage reuse of abandoned and underutilized land and
structures.
Land Use Plan:
The future land use map identifies this area as Medium Density Residential.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The McKinley Avenue and Hickory Road area is a large commercial node with a mixture
of uses.
3. Most Desirable Use:
The most desirable use for the land is one that is compatible with the commercial and
mixed -use character of the area.
4. Conservation of Property Values:
Any improvements to the site, including screening, should not adversely affect
surrounding property values.
APC # 274 1 -15 Page 2 of 3
Staff Report
5. Responsible Development And Growth:
5/8/2015
It is responsible growth and development to allow retail uses within this repurposed
building, and to allow outdoor storage within its underutilized parking lot.
Staff Comments:
Outdoor storage may be permitted on the site, but will be limited to a maximum size of
20% of the gross square footage of the building. Any outdoor storage may not encroach
within 50' of any property line, or within 200' of the north property line, and will be
required to have screening in the form of an 8' fencing or landscaping.
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:
This site is suited for uses allowed in GB General Business District, LB Local Business
District, and CB Community Business District. Zoning to PUD Planned Unit
Development District will allow for a wide range of compatible commercial uses not
explicitly listed in any single zoning district.
APC 4 2741 -15 Page 3 of 3
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LAWRENCE P. MAGLIOZZI
f.S r.CI I VE DI RECTOR
Angela M. Smith
Depot, Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
727 W. JEFFERSON BLVD., ROOM 1140 COUNTY - CITY BUILDING, SO111'H BEND, INDIANA 46601 (574) 23S 9S71
May 20, 2015
South Bend Common Council
41h Floor, County -City Building
South Bend, IN 46601
RE: Bill #20 -15
Rezoning: 605 North Hickory Road
Dear Council Members:
The following changes have been made to the Ordinance and Petition for the above referenced petition:
Ordinance and Petition:
1.) Changed from: "zoning from GB General Business District to PUD Planned Unit Development"
to: "zoning from GB General Business District and CB Community Business District to PUD
Planned Unit Development".
A Copy of the revised Ordinance and Petition is attached. If you have any further questions, please feel
free to contact me at (574) 235 -9571.
Sincerel
att ew P. ap 'es,
Planner
SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STJOSEPHCOU NTY INDIANA. CO MIA REA PLAN
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 605 NORTH HICKORY ROAD, COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND. INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from CB Community Business and GB General
Business Districts to PUD Planned Unit Development to allow for a mixed commercial
use project.
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:
That part of the Southeast Quarter of Section 6, Township 37 North, Range 3 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is described
as Lot #4 of the Plat of "McKinley- Hickory Minor Subdivision" as recorded by document
No. 0734550 in the Records of the St. Joseph County, Indiana Recorder's Office.
Containing 10.61 Acres More or Less.
Subject to all Legal Highways, Easements and Restrictions of Record.
be and the same is hereby established as PUD Planned Unit Development 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.
1 St READING _( 3 _I r
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of
Mayor, City of South Bend, Indiana
2 , at
Filed in CInr�vs Office
Elmo 2--QE15
JUI sip : JORD4
CITY CLERK, SOUTH BEND, IN
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 subject property is located at:
605 North Hickory Road, South Bend, Indiana 46615
2) The property Tax Key Number(s) is /are: Key # 1: 18 -5201 -7736
3) Name and address of property owner(s) of the petition site:
South Bend Self Storage LLC
Attn: Tom Johnson
11710 N. Armenia Avenue
Tampa, FL 33612
813- 340 -1307
E -Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
Mn•
5) It is desired and requested that this property be rezoned:
From: CB Community and GB General Business Districts
To: PUD Planned Unit Development
6) This rezoning is requested to allow the following use(s): Mixed -Use Commercial Development.
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) six (6) site plans; and
(c) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE
ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL
REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA
PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE
DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER
AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH
REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A
CONDITION OF ANY FINAL PLAN APPROVAL.
FILED
APR 2 8 2015
AREA PLAN COMMtS//S101
Am b AVAV I u / � _7C/ /�
Signature(s) of All Property owner(s), or
signature of Attorney for all property owner(s):
South end Oviorage LLC
Attn: Tom J has n
11710 N. Ar is Avenue
Tampa, FL 33612
813- 340 -1307
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Harner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mdanch @danchharner. corn
E 06 2015
JOHN VOORDE
CITY CLERK, SOUTH SEND, IN
LAWRENCE P. MAGLIOZZI
IN ECU IV F. DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY- CI'T'Y BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235 -9571
May 20, 2015
South Bend Common Council
41h Floor, County -City Building
South Bend, IN 46601
RE: Bill 421 -15
Rezoning: 2212 Mishawaka Avenue
Dear Council Members:
The following changes have been made to the Ordinance and Petition for the above referenced petition:
Ordinance:
1.) Legal description was amended.
Petition:
2.) Tax key #018 - 6032 -0972 was removed.
A Copy of the revised Ordinance and Petition is attached. If you have any further questions, please feel
free to contact me at (574) 235 -9571.
Sincerel
Matthew P. C uies,
Planner
SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STj05EPHCOU NTY IND$ANA. COM /A REAPLAN
Staff Report 5/8/2015
APC # 2742 -15
Owner: New Paris Development Co. LLC
Location: 2212 Mishawaka Avenue
Jurisdiction: City of South Bend
Public Hearing Date: 5/19/2015
Requested Action:
A combined public hearing on a proposed ordinance of New Paris Development Co. LLC
to zone from MU Mixed Use District to LB Local Business District; seeking a Special
Exception Use to allow for a tattoo, body piercing establishment; and seeking two
variances.
Land Uses and Zoning:
On site: On site is an existing retail building.
North: To the north across Mishawaka Avenue is a gas station and convenience
store zoned CB Community Business District.
East: To the east is a church zoned MU Mixed Use District.
South: To the south is a single family home zoned MU Mixed Use District.
West: To the west is a tavern zoned MU Mixed Use District.
District Uses and Development Standards:
The LB District is established to provide for small business groupings located outside of
the village style mixed use concept and which provide for the full range of convenience
uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted
uses within the LB Districts are regulated in character to assure harmonious development
with the nearby residential districts served and are limited in size and scale to promote
pedestrian access.
Site Plan Description:
On site is a 3,300 square foot retail space abutted by similar buildings to the east and
west. The front fagade of buildings along this block abut the sidewalk, with a 0' setback.
There is a paved parking area behind the building that is shared with the other businesses.
Zoning and Land Use History And Trends:
This site has been zoned MU Mixed Use District since 2004.
Traffic and Transportation Considerations:
Mishawaka Avenue has two lanes with a center turn lane and on- street parallel parking on
the south side of the street.
Utilities:
This site is served by municipal water and sewer.
Agency Comments:
County Surveyor, City Engineer, and South Bend Department of Community Investment
APC # 2742 -15 Page 1 of 3
Staff Report 5/8/2015
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:
I. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006). Policy LU 2.2: pursue a mix of land uses along major corridors and other locations
identified on the future land use map. Policy ED 1.2: Encourage reuse of abandoned and
underutilized land and structures.
Land Use Plan:
The future land use map identifies this area as Commercial.
Plan Implementation /Other Plans:
No other plan is in effect for this area.
2. Current Conditions and Character:
The 2200 block of Mishawaka Avenue is a commercial node with a mix of non - residential
uses.
3. Most Desirable Use:
The most desirable use is one that is compatible with the mixed -use character of this
commercial corridor.
4. Conservation of Property Values:
Physical .improvements and use of this site for a tattoo shop should not adversely affect
surrounding property values.
5. Responsible Development And Growth:
It is responsible growth and development to allow this property to develop into a business
that will serve the community.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, a Special
Exception Use, and two variances from the development standards. The Commission will
forward the rezoning and the Special Exception Use to the Council with or without a
recommendation and either approve or deny the variances.
The Special Exception Use is for a tattoo parlor.
A special exception use may only be granted upon making a written determination and
adopting appropriate Findings of Fact, based upon the evidence presented at a public
hearing, that:
(1) The proposed use will not be injurious to the public health, safety, comfort, community
APC # 2742 -15 Page 2 of 3
Staff Report
5/8/2015
moral standards, convenience or general welfare. Tattoo facilities are licensed and
certified through the Health Department to ensure they operate in a safe manner.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein. The property was previously used for non - residential uses.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein. The tattoo parlor will operate similarly to the
other businesses found along Mishawaka Avenue.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The comprehensive plan identifies this area for commercial development.
The variances are as follows:
1. From the required twelve parking spaces to zero; and
2. From the required 500' separation from a religious use to 20'.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance or Special Exception Use can be approved.
(1) The approval will not be injurious to the public health, safety, morals, and general
welfare of the community. Tattoo facilities are licensed and certified through the Health
Department to ensure they operate in a safe manner. Because there is on- street parking
available with additional parking behind the building, the parking variance should not be
injurious to the safety or general welfare of the community.
(2) The use and value of the area adjacent to the property included in the variance will not
be affected in a substantially adverse manner. Improving the physical appearance of the
fagade will protect surrounding property values. The property was previously used for
non- residential uses.
(3) The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. The strict application would limit the ability for the
site to be redeveloped as a tattoo parlor. On street parking is available, as well as non-
descript parking in the rear of the building.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition and the Special Exception Use be sent to the Common Council with a
favorable recommendation. The staff recommends approval of both variances.
Analysis:
Allowing a tattoo parlor in this location will not be injurious to the overall retail character
of Mishawka Avenue or the adjacent residents. Rezoning to LB Local Business District is
consistent with the character of the area.
APC # 2742 -15 Page 3 of 3
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M
BEFORE
1'
AFTER
Charles W Florance
802 S Ironwood Dr.
South Bend, IN 46615
Area Board of Zoning Appeals
125 S Lafayette Blvd., Suite 100
South Bend, Indiana
May 19, 2015
Dear Ms. Carolyn A. Henry and members of the Board,
Mr. Nathan Rivers recently told me about Legacy Ink, a new Tattoo and
Piercings parlor he's planning in River Park. Because it'll be in my own back yard, I
wanted to write this letter of support for his Special Exception use.
The Controlled Uses section of the zoning ordinance specifically mentions
"objectionable secondary impacts" as a reason to limit the number of certain types of
businesses that can operate in any one area. I don't believe Nathan's business will
have an objectionable impact on River Park. I believe it will be the exact opposite.
There's a critical mass of businesses and activities that need to be present for a
neighborhood to thrive, and recently it's been a real delight watching other small
businesses take root in spaces that haven't had much activity since 2009, when my
wife and I moved here.
Even if you, or other members of the board, would never consider getting a
tattoo, I'd ask you to consider the art's growing popularity, recent developments in
sanitation and hygiene, and the behavior of similar shops across the county. I think
you'd discover there are very few —if any- "objectionable impacts" that ever materialize.
Please consider approving his application for special use.
Thank you for taking the time to read my letter of support. Let me know if
there's ever anything you need from me. I can be contacted at the address above or at
cfloranQ,@alu=i.nd.edu.
Respectfully,
Ales W Florance
Captain, US Army Retired
River Park Resident
APC���%? -ems
May 19, 2015
To whom it may concern,
My name is Jacob Singleton and I have been a River Park resident for 4 + years. I
believe Legacy Ink will make a great addition to the River Park community. I am going
to school to be a Graphic Designer and I approached Nathan (the owner of Legacy Ink),
who I didn't know at the time, about doing some work for him and explained that I was
new to the industry and was trying to get work to build my portfolio and asked if he
would be interested in some design work. He was happy to help me out and gave me a
chance. We have been working together for roughly 2 months and in that time I have
been able to learn a lot about the design industry thru the work we had agreed upon.
The reason I am telling this story is to show that he is already helping the River
Park community and the people in it and he isn't even open for business yet. He has
also been helping promote me to other local businesses and local groups which is
amazing and it's helping me grow my business as well. In my opinion this is the kind of
teamwork we need to help our economy grow and get back to being a close knit
community that is slowly fading. In my opinion Legacy Ink will bring a great deal of
value to our area and not just by filling one of the many empty buildings but also by
bringing a positive form of art to our community.
Thank you,
Jacob Singleton
AOc -'27Y,?- h�
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2 3 S 9 S 71
Wednesday, May 20, 2015
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of New Paris Development Co. LLC to zone from MU
Mixed Use District to LB Local Business District; seeking a special use exception to allow for a tattoo, body
piercing establishment, property located at 2212 Mishawaka Avenue, City of South Bend - APC# 2742 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of New Paris Development Co. LLC was legally advertised on
Thursday, May 07, 2015 and that the Area Plan Commission at its public hearing on Tuesday, May 19, 2015 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, a proposed
ordinance of New Paris Development Co. LLC to zone from MU Mixed Use District to LB Local
Business District; property located at 2212 Mishawaka Avenue, City of South Bend, is sent to the
Common Council with a FAVORABLE recommendation. Allowing a tattoo parlor in this location will
not be injurious to the overall retail character of Mishawka Avenue or the adjacent residents. Rezoning to
LB Local Business District is consistent with the character of the area.
Upon a motion by John DeLee being seconded by Robert Schrock and unanimously carried the special
exception use to allow for a tattoo, body piercing establishment is sent to the County Council with a
FAVORABLE recommendation, subject to the rezoning being approved by the Common Council.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
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.
Sincerelyz
Lawrence P. Magliozzi
Attachment
CC: New Paris Development Co. LLC
Nathan Rivers
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. ST] OS EP "COUNTY I NO [ANA, CON /AREA PLAN
Page I of
Jennifer Parcell - Area Plan - letter of support for APC 2742 -15
From: Valerie Schey <vschey @southbendin.gov>
To: "Oliver J. Davis" <odavis @southbendin.gov>
Date: 5/17/2015 7:51 PM
Subject: Area Plan - letter of support for APC 2742 -15
Cc: DL -City Council <DL- CityCouncil @southbendin.gov >, John Voorde <jvoorde @s...
Dear Councilman Oliver Davis,
As the South Bend City Council Representative on the Area Plan Commission I write to you to express my
support for APC 2742 -15, the special exception use to allow for a tattoo, body piercing establishment with two
variances. This petition is located in South Bend's Third District which I represent.
Mr. Nathan Rivers of Legacy Ink is looking to establish his business on Mishawaka Ave. Mr. Rivers has taken time
to contact and meet with the River Park Neighborhood Association and the River Park Business Association.
Both organizations have been very supportive of Mr. Rivers' work and his interest in investing and growing his
business in River Park.
Legacy Ink has also gained the support of the APC Staff as well as South Bend's Community Investment
Department.
Thank you for considering my recommendation of support for this request.
Sincerely,
Valerie Schey
City Council, Third District Representative
Cc: South Bend City Council 1 R E C E I V E D
South Bend City Clerk
St. Joseph Area Plan Staff MAY 18 2015
Mr. Nathan Rivers, Legacy Ink
Mr. Kevin Strebinger, River Park Neighborhood Association AREA PLAN COMMISSION
Valerie Schey
South Bend City Council
Third District Representative
(574) 210 - 9623
IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential
information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying
or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly
prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in
error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are
not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message
containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information
could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does
not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E -Mail
transmission. If verification is required, please request a hard -copy version.
file: / /C: \Documents and Settings \jparcell \Local Settings\ Temp\ XPgrpwise \5558F136IntemalPLEXISPOIOO... 5/18/2015
Janice Talboom
From: Valerie Schey
Sent: Sunday, May 17, 2015 7:48 PM
To: Oliver J. Davis
Cc: DL -City Council; John Voorde; Kareemah Fowler, Janice Talboom; Kathy Farrand;
jparcell @co.st joseph.in.us; nathan.d.rivers @gmail.com; binger8 @sbcglobal.net
Subject: Area Plan - letter of support for APC 2742 -15
Dear Councilman Oliver Davis,
As the South Bend City Council Representative on the Area Plan Commission 1 write to you to express my
support for APC 2742 -15, the special exception use to allow for a tattoo, body piercing establishment with
two variances. This petition is located in South Bend's Third District which I represent.
Mr. Nathan Rivers of Legacy Ink is looking to establish his business on Mishawaka Ave. Mr. Rivers has taken
time to contact and meet with the River Park Neighborhood Association and the River Park Business
Association. Both organizations have been very supportive of Mr. Rivers' work and his interest in investing
and growing his business in River Park.
Legacy Ink has also gained the support of the APC Staff as well as South Bend's Community Investment
Department.
Thank you for considering my recommendation of support for this request.
Sincerely,
Valerie Schey
City Council, Third District Representative
Cc: South Bend City Council
South Bend City Clerk
St. Joseph Area Plan Staff
Mr. Nathan Rivers, Legacy Ink
Mr. Kevin Strebinger, River Park Neighborhood Association
Valerie Schey
South Bend City Council
Third District Representative
(574) 210 - 9623
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION PROPERTY LOCATED AT 2212 MISHAWAKA AVE,
COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
IT IS WITH INTENT TO CONDUCT BUSINESS OF THE ABOVE LOCATION AS A
TATTOO AND BODY PIERCING FACILITY TO THE City OF SOUTH BEND INDIANA
AND ITS SURROUNDING AREA.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the 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:
STARTING AT THE NORTHEAST CORNER OF THE EAST END OF LOTS 31 -32 OF
RIVER PARK, THENCE WEST 40' TO THE POINT TO BEGINNING; THENCE WEST
40'; THENCE SOUTH 130'; THENCE EAST 40'; THENCE NORTH 130' TO THE
POINT OF THE BEGINNING.
Be and the same is hereby established as LB Local Business District
SECTION II. That a Special Exception for 2212 Mishawaka Ave. in a LB Local
Business District zoning district is hereby granted subject to a site development plan
hereby attached and made a part of the Ordinance and which site plan contains and
lists conditions, if any, of approval.
SECTION III. This ordinance shall be in full force and effect from 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.
City Clerk
Approved and signed by me on the day of
o'clock . M.
Mayor, City of South Bend, Indiana
1 sr READING 1 --( 3-1 r
%U3LIC HEARING
3 rd READING
NOT APPROVED
?EEERRED
DASSED
2 , at
Feed in " `4flee
M.P 2 0 2015
_1
juie.
CITY CLERX, StA; H SEND, IN
PETITION FOR A COMBINED PUBLIC HEARING
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: 2212 Mishawaka Ave, South Bend IN 46615
2) The property Tax Key Number(s) is /are: 018- 6032- 0972 018 -6032 -0971
3) Name and address of property owner(s) of the petition site:
New Paris Development Co. hLc
2020 Elkhart Rd
Goshen, IN 46526'
574 - 534 -7368
Chelsea@,5.34rent.net
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Nante
Address
City, State Zip Code
Phone number with Area Code
F.,- tl9ail Address
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 N/A
To: LB Local Business District
6) This rezoning is requested to allow the following use(s): The specified location will conduct business as a
Tattoo artdBody Piercing facility.The property will contain I restroont facilty, 2 closed room offrce spaces, a lunge
common area to conduct business of tattooing, 1 closed room for body piercir�q, and the rest ol't /te space will la
utilized for storage of supplies.
7) If applicable, a detailed description and the purpose of the variance(s) being requested: 1. Front the required 12
parking spaces to zero. 2. Front the required 500' separation front a religious use to 20' seperation.
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community: All certifications, licenses, and regulations will be ntet to conduct business. It is the
desire of the owner of the business to have a welcoming atmosphere and a family oriented Business. To
provide incrcaselprosperih' to surrounding businesses within the River Park District.
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: The Tattoo and Body Piercing facility will only conduct business
within the designated space of 2212 Mishawaka Ave. Owners and operators will limit all operations to
this designated space as to not interfier with surrounding businesses and property.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: Tlie (application of'ihe terrtis of the Ordit:attce rvoulrt not result in difficulties but ;votdd
allow the ability to conduct business as desired and to allow the freedom of other businesses in the
lilture, to take place and expand in the River Park District.
9) if not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be
submitted.
10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Insert text
11) A statement on how each of the following standards for the granting of a Special Exception is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare: It is our intention to ran business as a fancily oriented
business. To provide an environment for all within the cotmnnnity to feel comfortable in an
environment that might not have been in the post. It is oin' intention to welcome the connnunit) mtd to
provide service that is oriented around their needs card .satisfaction.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: It is our intention to only better the cominunhy and to aid in the success of the adjacent area
through increasing property value through ;-xterior appearance and through the increase in overall
custonter base.
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and: Will aid in impro ving the visrtal appearance of businesses H ithin the
River Park District. It is also iotendcd than with the proposed use there will be an increase of business
within the area to aid in .stability to surrounding businesses.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. The proposed use will abide by all regulations and requirements required by low to conduct
business as indicated as a Tattoo and Body Piercing Parlour.
12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary
Site Plan.
13) Applications for subdivisions should be obtained from the office of the Area Plan Commission.
14) 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:
Nathan Rivers
53020 Woodntar Dr
Granger, IN, 46530
765 - 543 -1453
natltan.d. rivers(agtnail. com
Signature(s) of all
signature of Attorney for all property owner(s):
Filed in Claws- p aeffiCe�
APR, M72015
IN
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 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
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.
? 'e (�r / /rrinr /// d 7rrunir/iar/ri /n %/r 6iA n pfu //
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.Z
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 II1. 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 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).
2 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-
1344 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:
Sec. 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 "" �� T�t Y� p L 75.00/125.00/250.00
Electronic Communication
Device While Driving
'South Bend Municipal Code Section 20 -133 calls for fines of $75 for the 1" violation, $125 for the 2 "' violation
and $250 for each subsequent violation, and if there is an accident in a School Crossing Zoning the fine is
automatically $250.
4 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.
Henry Davis, Jr., Yd District Council Member
South Bend Common Council
Office of the City Clerk
o i't ;ewlec/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2015, at o'clock . m.
_.m.
td RPADM
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASS
Janice Talboom, Deputy Clerk
/rri.r /.0 r /w / „rdby me on the _ day
Pete Buttigieg, Mayor
City of South Bend, Indiana
2015, at o'clock
Filed Ir Dffice
7 ZU15
jowl e
CITY CLERK, SOUTH BEND, IN
.oc*ee,
uu.
Common Council
City of South Bend Indiana
Henry Davis, Jr., 2 "d District Council Member
411 Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5983 (574) 235 -9173 Facsimile
April 2, 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 L8R" 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 11' 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.
Sincerely,
Henry D Js,
2nd Distric o nci b
Attachments
Filed In i'_ k; fk "office
' T 2015
CITYCLEFI9(,S H SEND, IN
Map of hand -held cellphone bans
Page 1 of 2
INS[JRANCE INSTiT[
• DmNsrm
HIGHWAY SAFETY RESEARCH & COMMUNICATIONS
Distracted driving
Concern is mounting about the effects of phone use and texting while driving.
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 map for more OWL
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 / cellphonelaws /maphandheldeellbans 4/2/2015
Substitute Bill No. 22 -15
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTHBEND
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"
Elkhart 8"
Goshen 6" Michigan City 6"
Evansville 9"
Hammond 6" Mishawaka 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.
'14 : � /er��� �! �.� �rr /�Gri� /Gr ✓ //� �Knrvnrn `�rrrn�i /� //e �w /f ���a // .�/�eni /, ,7�(baa, rz.1� ✓ /�rnf:
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
See. 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) H in
ydrophvtic vegetation are plants living in wetlands governed by the federal Clean
Water Act.'
(d) Natural landscaytqg ve etation shall mean native or beneficial landscEiD2 vegetation
ielns balance the nerAe a, ,t
= =u=u =� v roiecnn existm
natural areas reduces the use of pesticides, practices soil and water conservation reduces the use
of power landsca e e ui ment and helps reduce heatingLcooling needs. Natural landsca in
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 subject to a complaint or inspection z
' The website of the Indiana Department of Environmental Management (IDEM) www.wetlands.rN.gov IN gnu 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 httv: / /www indianawildlife or abitat
programs /wilfdlife - friendly- certification program /. 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 Count
Recorder's Office.
(g) Rain Garden shall mean a type of natural landscitping vegetation which are
vegetated basins which collect and absorb runoff from rooftops sidewalks and streets.a
(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 s ecies 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.
0) Vegetation shall mean all Plants trees shrubs and weeds
(k) Vegetation management tools include but not are limited to mowing, and
using herbicides 6 g trimming,
(1) Weeds shall have the definition set forth in Indiana Code § 15- 16- 4 -40.'
3Indiana 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.
a 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.
5Indiana 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 INDOTRoadsides, 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 landscgping landscaping 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 over own with weeds, Brass 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 landsegping landscaping vegetation, hydrophytic
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 api)rol2riate maintenance and vegetation
mana ement. Natural landscaping vegetation and /or hvdrophvtic 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 ComPl 7 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 sub ect 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 subsecluent
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.
Any Person found in violation of a Provision of this Article shall be fined the sum of two hundred
fifty dollars ($250.00) Three 13b a a fiQ a 'lRrs f$3�A 991 Per violation Each day after the
expiration date of anytime limit ordered by the Board of Public Works or its designee for abating
a nuisance condition shall constitute a distinct and sgparate offense. Any verson 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) ner violation in that first calendar
Ordinance on Tall Grass, Weeds, Etc.
Page 5
Year of being listed Thereafter, each violation shall be fined and assessed administrative fees
related to costs mcurre/l by the ,t,. P--
which shall be as follows:
Fine Per Violation Continuous Enforcement Fee for
Administrative Expenses
3 rd Year $750.00 $400.00
3`a year $1,000.00 $450.00
4" 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 39 ax /...,A...
�.
..
,
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.
21 Any person found in violation of the mowing regulations set forth in Section 16-58
shall be fined the sum of two hundred fifty dollars ($250.00) Thr ' a a ria dellgm P0 40 0
12er 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 se arate
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 Thereafter, each violation shall be fined and
assessed administrative fees related to costs incurred by the city for ins ections abatement and
administration and a penalty which shall be as follows:
Fine Per Violation Continuous Enforcement Fee for
as Administrative Expenses
750.00 $400.00
3`a year $1.000.00 $450.00
4"' 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 ful force effect-from and after its passage by
the Common Council, approval by the Mayor, andlegal publicatioY��
Tim Scott, I" District Council Member
Karen L. White, Council Member at Large
Dr. Fred Ferlic, 4"' District Council Member
c/lril "A
John Voorde, City Clerk
'-, rier/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
�rvrmlrar /!✓,rr.dby me on the _ day of
_.m. to the Mayor of the City of South Bend, Indiana.
Pete Buttigieg, Mayor
Est READING l�2_� —i 3/
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
2015, at _ o'clock
terk's Office
JINN 1 a 2016
bmm VOORDE
CITY CLERK, $OUT`ri BEND, IN
COMPARISON
CURRENT TALL GRASS/WEED REGULATIONS TO PROPOSED REGULATIONS
TOPIC
Height maximum
Natural /sustainable landscaping
Sidewalk not to be overgrown
Continuous abatement
Penalties
CURRENT
12" or 9 "]
Not addressed
Addressed
Not addressed in Code
$20 to $1,000 per violation
$50, $100, $200 -$2,5003
PROPOSED Sub. Bill 22 -15
N
Permitted, including rain gardens
Addressed
Addressed consistent with state law
$250 per violation
Continuous Enforcement Penalties*
$500 per violation in 1 s` year
$750 per violation in 2nd year
$1,000 per violation in 3`d year
$1,500 per violation in 4 " year +
Plus
Continuous Enforcement Fee for
Administrative Expenses:
2nd year $400
3`d year $450
4d' year + $500
*Continuous enforcement is authorized by Indiana Code 36 -7 -9-
2 and may be enforced without the need for additional notice or
hearings once initially ordered. Fees, costs and penalties may all
be subject to continuous enforcement on properties which
require re- inspection or additional abatement actions.
'SBMC §19 -32 sets a 12" maximum and SBMC §16 -58 sets a 9" maximum on vacant lots.
'SBMC §19-35 addresses current fines other than vacant lots.
s SBMC § 16 -61 address current penalties for vacant lots
i1J� '� iGli
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
June 16, 2015
Members of the Common Council
4t° Floor County -City Building
South Bend, Indiana 46601
Re: Substitute Bill No. 22 -15
Updating the City's Tall Grass, Weeds, & Overgrown Vegetation Regulations
Dear Council Members:
We are pleased to recommend Substitute Bill No. 22 -15 for passage. The Substitute Bill updates
the original Bill which was filed on April 20, 2015. We will provide additional updates later today
at the 5:00 p.m. Health and Public Safety Committee.
Based on additional input and continuing collaboration, as well as reviewing further data from
many other communities, the main changes in Substitute Bill No. 22 -15 include:
— Establishing a fine of $250 per violation for properties not subject to continuous enforcement
—> Adding 4th District Council Member Dr. Fred Ferlic as a sponsor of the ordinance.
As noted back in April when the proposed regulations were filed, they are intended to help place
the costs incurred by the City for cutting lots directly on the owner of the property who fails to
comply with City regulations. In this way, the City taxpayers monies may be used for other needed
City services. The other goals and objectives of the proposed regulations include:
• Updating all regulations on this topic in the South Bend City Code many of which have
not been updated since before 1962
• Establishing a consistent maximum grass /weed height of 9" throughout the City
Incorporating a program, similar to the one in City of Indianapolis, where the costs for
properties which become subject to continuous enforcement, would be assessed an
additional fee amount to help cover the costs of city inspections, abatement and
administration, plus would be subject to higher fines
Cover Letter for the Proposed Ordinance Updating the City's Tall Grass, Weeds, Noxious, Rank or Overgrown Vegetation
Regulations
June 16, 2015
Page 2
• Incorporating 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
• Encouraging 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 attaching a 1 -page comparison sheet which highlights the key proposed changes, along
with the Substitute Bill.
We look forward to sharing additional information with you on this topic which aims to help
improve the quality of life in our great City. Thank you.
Most mcerely,
Tim Scott, Dtstnct Council Member
Council President
South Bend Common Council
Karen L. White, Council Member at Large
Community Relations Committee Chairperson
South Bend Common Council
Dr. Fred Ferlic
4 "' District Council Member
Attachments
E 16 2095
CITYCLERK SOUTH END,IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 7, OF THE
SOUTH BEND MUNICIPAL CODE TO DECREASE THE SEWER INSURANCE
PROGRAM DEDUCTIBLE
AND TO MAKE OTHER PROGRAM CHANGES
STATEMENT OF PURPOSE AND INTENT
The City of South Bend (the City) implemented a program for repair of residential utility
customer sewer lines in 1980 (Ordinance No. 6830 -80). This Program covers sewer line breaks
and damage unrelated to poor maintenance. Around 2010 certain administrative changes were
implemented resulting in greater control of the sewer insurance Program's operating costs. After
several years of operating the sewer insurance Program under the new policies which have
reduced overall costs, it is appropriate to amend the South Bend Municipal Code to better serve
sewer insurance customers and decrease their portion of program expenses.
The average cost to the City of a full residential sewer line repair is around $7,000.00 of
which the customer is responsible for $500.00 of such cost. This ordinance will reduce the
customer cost to $250.00. It also provides for replacement in like- condition of the customer's
landscaping and hard surface improvements, as well as sprinkler system repair or replacement,
each and all up to a maximum dollar limit of one thousand dollars ($1,000). Such improvements
were previously the customer's sole responsibility under the Program. This Ordinance enacts the
Municipal Code Amendments necessary to make these changes, and it further clarifies the
residential nature of the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 17, Article 7, Section 17 -56, subpart (a) shall be amended to read in
its entirety as follows:
Sec. 17 -56. Purpose, assessment of charges for residential customers: deposit in separate
fund.
(a) The sum of one dollar and eighteen cents ($1.18) per month shall be added to sewer
service charges solely for all residential sewer users. which are not i ndust.::.l or bulk wat
^u TAll sums of money so collected shall be deposited in a separate fund of the Bureau of
Sewers.
Section II. Chapter 17, Article 7, Section 17 -57 shall be amended to add a new sub -part
(c) which shall read in its entirety as follows:
Sec. 17 -57. Definitions.
(c) Residential shall mean single family dwelling units and dwellings containing up to a
maximum of four separate living quarters occupied or intended to be occupied by no more than
four (4) families living independently of each other.
Section III. Chapter 17, Article 7, Section 17 -58 of the South Bend Municipal Code be
and hereby is amended to read in its entirety as follows:
Sec.17 -58. Application of funds.
Funds collected under this article shall be used for the payment of all costs in excess of
five two hundred fifty dollars ($30250.00) which the City declares to be directly attributable to
the repair of a private sewer service. Said costs shall not — include any reasonable charges
associated with the removal or replacement of any trees, shrubbery, plants, lawns, sprinkler
systems, or ether similar landscaping features on public or private property; and shall also
include net be r-espensible for ^ ^^ reasonable expenses incurred in tunneling under and/or
replacing any in similar condition hard surface improvements such as bituminous, concrete, or
brick driveways, patios, sprinkler systems, gas grills, utility lines, foundations, and any ether
similar surface or subsurface improvements found on public or private property. Said costs shall
also include charges associated with the removal and/or replacement of public streets, curbs and
walks. Excluded from covered costs are expenses for utility lines and foundations, which shall be
the sole responsibility of the property owner. Any replacement or repair under this Section shall
be subject to a total cost limit of one thousand dollars ($1,000.00) . Repair or replacement of any
landscaping, hard surface or other improvement directly attributable to the sewer repair which is
in excess of the limit set for such improvements shall be the property owner's sole responsibility
and expense. The City shall determine whether the repair or replacement should be done by its
employees or by other contractors.
Section IV. Chapter 17, Article 7, Section 16 -60 of the South Bend Municipal Code be
and hereby is amended to read in its entirety as follows:
Sec.17 -60. Charges to private sewer owner; payment.
(a) The owner of the private residential sewer shall be responsible to pay to the City
of South Bend the first five two hundred fifty dollars ($50250.00) of cost incurred for all work as
allowed under section 17 -58, Application of funds.
(b) Payment shall be due the City of South Bend within t,,_,,,, hundred siia five
(365)) day $ six months of date of invoice by the Controller of the City of South Bend. Failure to
pay as required herein shall constitute a lien upon the property in favor of the City of South
Bend.
Section V. Chapter 17, Article 7, Section 17 -63 of the South Bend Municipal Code shall
be amended to read in its entirety as follows:
The insurance of repair and/or replacement shall not be in force on any account if the
charge for such insurance is delinquent for one hundred twenty days, but this shall not be
construed to mean that a claimant must be a water utility customer for one hundred twenty days
urior to date of request for repair to be eligible for the Proeram.
Section VI. Chapter 17, Article 7, Section 17 -64, sub -part (a) shall be and hereby is
amended to read in its entirety as follows:
(a) The Beard of Wastewater- G,...,..,issie eFs Director of Public Works or designee shall
submit to the Common Council of the Municipal City of South Bend a financial statement of the
affairs of this fund on a bi- annual basis, which statement shall show the receipts for the year as
well as all expenditures.
Section V. This Ordinance shall be in full force and effect from and after adoption by the
Common Council and approval by the Mayor.
Attest:
City Clerk
Member, South Bend Common Council
Presented by me to the Mayor of the City of South Bend, Indiana on the
of , 2014, at o'clock _. m.
City Clerk
Approved and signed by me on the day of , 2014,
at o'clock . m.
1 st READING - - -
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
Mayor, City of South Bend, Indiana
day
Filed in
e
a j
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr. Tim Scott
President, South Bend Common Council
4`h Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 17, Article 7, Lowering the Sewer
Insurance Program Deductible and other Program Changes
Dear President Scott:
The City has implemented new policies and procedures for administering the Sewer Insurance Program.
These changes have allowed the City to decrease their operating expenses and manage the program
with a net income over the past few years, and a fund balance has accrued in the Sewer Insurance Fund.
As such, it is appropriate to amend the Municipal Code to decrease the portion of program expenses
allocated to the sewer insurance customers.
The ordinance revisions recommend reducing the customer deductible from $500 to $250 for each
occurrence of a covered sewer line repair. In addition, the revisions allow the City to cover the in -kind
replacement of landscaping, sprinklers, and hard surface improvements that are impacted as a result of
making the sewer repair, up to a maximum dollar limit of $1,000. These costs were previously the
customer's sole responsibility.
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always, thank you for your consideration.
Sincerely,
Eric C. Horvath
City of South Bend
Executive Director Public Works
i
�& [ 106 15-- (..r-
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE
SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL
SOLELY FROM CITY FURNISHED CONTAINERS
STATEMENT OF PURPOSE AND INTENT
For reasons of environmental stewardship and heightened state and federal regulation,
the City of South Bend (the City), in 2013, amended Chapter 16 Article 2 to prohibit use of
plastic bags to contain yard waste materials for City removal (Ordinance # 10270 -13). At that
time, the City introduced voluntary use of 95 gallon yard waste containers furnished by the City
as a receptacle for yard waste materials to be removed by the City
The City Division of Organic Waste (the Division) has been reviewing the costs
associated with yard waste removal, particularly the cost difference between removal from City
furnished containers and removal from paper bags or non - bagged bundles. The Division has
determined that it is not economically feasible for the City to continue removing yard waste
which is not contained within City- issued yard waste containers.
This ordinance limits the City's removal of yard waste materials to those which are
placed in City- issued yard waste containers and which are rented annually for Sixteen Dollars
($16.00) from the City and payable at a fixed monthly rate of $2.00 during the period from April
through November. The provisions of this ordinance will take effect in calendar year 2016, and
those residents who were not previously issued such containers shall have until February 1, 2016
to request a container. As of April 1, 2016, no yard waste shall be removed from property during
City yard waste pick -up and removal which is not contained within a City yard waste container.
To effectuate this change in practice it is necessary to amend the South Bend Municipal
Code at Chapter 16, Article 2, Section 16 -8 (f) and (g) and at Article 4, Section 16 -28 . This
Ordinance enacts those Municipal Code Amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code shall
be and hereby is amended to read in its entirety as follows:
Sec.16 -8. Use of City- furnished refuse containers required; disabled customer
exception; nonrecurring charge for new users; separation of yard waste: and
required use of City- furnished yard waste containers.
(f) Yard waste as defined herein, shall be collected by the City on a weekly basis for
disposal and recycling at the City's Organic Resource Facility. Each owner, occupant
or lessee of any single or multifamily dwelling shall separate and keep separate any
yard waste from the remainder of the residential refuse for collection. As of April 1,
2016 Yyard waste shall not be placed in plastic bags for collection. Such yard waste
shall be placed solely in containers leased from the City. in paper a other
biodegradable bags etcher tai urn either furnished by the ° _
, °Y � -a • v, vvva ° «-a vGptipant pZ
lessee, l °nn °a from the City, n_ neatly deposited in the tree lawn, and shall be
segregated fiem any
trash or arbage However, special pick up may be scheduled for
aM 4tree limbs and brush of a diameter of less than four (4) inches which shall be
bundled together in lengths of forty -eight (48) inches or less,- or for Ttree limbs and
brush in excess of these dimensions, or for large quantities of yard waste, excludine
tree limbs in excess of six inches in diameter and stumps. may be sehe ule r
spesial piek up. Nothing in this section shall prohibit any person from recycling yard
wastes on their own property for their own use or from giving such yard waste to
another for recycling or use; provided, however, that such recycling neither creates a
public nuisance nor is otherwise injurious to the public health, welfare or safety.
Nothing in this section shall be construed to prohibit the deposit of leaves in a neat
and careful manner in the tree lawn or any street in the autumn during the period
designated by the Department of Public Works for collection.
Section Il. Chapter 16, Article 2, Section 16 -8 (g) shall be and hereby is amended to
read in its entirety as follows:
(g) Commencing January 1, 2016 Tthe owner, occupant or lessee of any single or
multifamily dwelling who desires City service of weekly vard waste pick up and removal
must may lease from the City a yard waste container with capacity for ninety-five (95)
gallons of yard waste. The lease rate shall be two dollars ($2.00) per month for the
months of April through November, or Sixteen Dollars ($16.00) per year. Should such
container become substantially damaged or otherwise incapable of effective use through
no fault of the City, the lessee shall may be responsible for the replacement of the
container at actual cost.
Section III. Chapter 16, Article 4, Section 16 -28 of the South Bend Municipal Code
shall be and hereby is amended to read in its entirety as follows:
Sec.16 -28. Separation of yard waste from trash and garbage; tree limbs.
All generators, handlers, collectors and haulers of yard waste shall handle such waste in
a manner so as to assure that yard waste will not be co- mingled with trash and garbage.
Yard waste shall not be delivered to the Organic Resource Facility in plastic bags. It
shall be delivered either in paper or other biodegradable bags, in a loose condition or in
a container furnished by the customer, all up to a maxiffiUm weight of dgy , five 35
pounds The ZC pound weight /:.:t shall of apply if yard waste is delivered
een4aiaer !eased &em the City as provided in Seetien 16 8(g) ef 11iis Artiele; e
mat nNo matter how yard waste is delivered, all brush and tree limbs shall be
cut in lengths not to exceed forty -eight (48) inches and shall be bundled. The Organic
Facility cannot process and will not accept tree limbs in excess of six (6) inches in
diameter or stumps. These items may be disposed of by landfill or in any other 1___s_l
narmer.
Section IV. This Ordinance shall be in full force and effect on January 1, 2016
conditioned upon adoption by the Council and approval by the Mayor.
Member, South Bend Common Council
of l t l U:w it, Gsi:r In, prVi6de all
Attest: l
Cud wkn oil UZ Law,
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
2- , at o'clock — m.
City Clerk
Approved and signed by me on the day of
o'clock . M.
1 st READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
ASSED
2 , at
Mayor, City of South Bend, Indiana
Filed in, `' a,t Office
-���
JGci
CITY CL. eta, SU ip{ is { € f
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr. Tim Scott
President, South Bend Common Council
4`h Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 16, Articles 2 and 4, Regarding
Provisions for the Removal of Yard Waste from City Furnished Containers
Dear President Scott:
In 2013, the City amended the yard waste ordinance to prohibit the use of plastic bags that contain yard
waste materials. This allowed the City to collect uncontaminated, plastic -free yard waste for processing
at the Organic Resources facility for the first time in the City's history. Subsequently, the City has moved
approximately 100,000 cubic yards of plastic contaminated material from the Organic Resources facility
to the landfill over the past two years to comply with requirements from the Indiana Department of
Environmental Management.
At the same time, the City introduced the voluntary use of 95 gallon yard waste containers furnished by
the City as receptacles for yard waste to be collected from residential properties. The City issued yard
waste containers are rented annually for $16.00 or about $.50 per week during the months of April
through November. Since that time, the City has been reviewing the costs associated with the yard
waste removal and has determined that there is a significant cost difference between the collection of
yard waste in City furnished containers and the collection in paper bags, residential containers, or non -
bagged bundles. It has been determined that it is not economically feasible for the City to continue
removing yard waste which is not contained within the City furnished yard waste containers.
This ordinance recommends limiting the collection and removal of weekly residential yard waste
materials to those placed in City furnished yard waste containers. Residents would have until February
1, 2016 to request a container for an April 1, 2016 effective date. After April 1, no yard waste shall be
removed from property as a part of the weekly collection unless contained within a City furnished
container. However, the City would still have provisions for a one -time per month special pick -up
collection of yard waste that would not be limited to the City furnished yard waste containers, and the
City would still run its annual Spring and Fall Curbside Re -Leaf programs.
�J
Mr. Tim Scott
Yard Waste
May 20, 2015
Page Two
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always, thank you for your consideration.
Sincerely,
Eric C. Horvath
City of South Bend
Executive Director Public Works
toice
2015
+ytYi't .; :oi,Jilt!-iLlrtdi',[h`
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 16, SECTIONS 16 -6 and 16 -8 OF THE SOUTH
BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND
DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS
STATEMENT OF PURPOSE AND INTENT
The charges for collection and disposal of refuse (solid waste) materials within the City
of South Bend have not increased since 2008 (Ordinance No. 9861 -8, passed August 25, 2008).
Over the past several years the costs to the City for this collection and disposal process have
risen, including the salaries and wages of personnel, the cost of technically advanced trucks and
other equipment, and the costs of fuel and other overhead expenses of processing. At this time
an adjustment in the fees charged for collection and disposal of solid waste is necessary to cover
the basic costs of the service.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 16, Article 2, Section 16 -6, subsection (c) is hereby amended to
delete in full sub -parts (1) through (5) inclusive, which subparts shall be replaced with the
following schedule of rates:
(1) _ Rates and Charges
MONTHLY RATES
Within City of South Bend Limits:
Family Dwellings:
One — family dwelling
Two - family dwelling **
Three- Family dwelling **
Four Family Dwelling **
Senior rate * **
Commercial
Outside City of South Bend Limits:
Residential
Residential Senior * **
Additional Trash Container (per container)
2015
2016*
$11.52
(1)
$12.48
18.06
(1)
19.57
24.61
(1)
26.66
31.16
(1)
33.76
6.91
(1)
7.49
13.82
16.22
13.82 16.22
8.64 9.36
6.55 7.09
Yard Waste Bin * * ** 16.00 16.00
* Until Further Amended.
** With one water meter.
** * Where the head of the household has submitted to the Board of Public Works proof of age
sixty five (65) or older.
* * ** Annual Charge for 8 months of the year.
SECTION H. The remaining subparts numbered (6) through (8) of Chapter 16, Article
2, Section 16 -6(c) shall be renumbered as subparts (2) through (4) respectively.
SECTION III. Subpart 9 of Chapter 16, Article 2, Section 16 -6(c) shall be deleted in its
entirety.
SECTION IV. Chapter 16, Article 2, Section 16 -8, subsection (a) and (d) are hereby
amended to read as follows:
(a) Each single - family, two - family, three- family and four - family dwelling shall be provided by
the City with one (1) solid waste container for each family unit. It shall be the duty of the
dwelling occupant to keep the cover of this container tightly fitted when refuse is contained
in the container, and to remove the container from the collection site promptly after
collection by the City and no later than twenty -four (24) hours thereafter. No container
other than the one provided by the City shall be used for solid waste removal, and all refuse
must be placed in the container and moved to the place of pickup by 6:00 a.m. on the
designated collection date. Should the solid waste refuse of a dwelling habitually exceed the
limits of the furnished solid waste container, the City may require the dwelling occupant to
use a second City - furnished container or the dwelling unit occupant may choose to use a
second City furnished container at an additional charge of £ve de{1FSOg) six dollars
and fifty -five cents ($6.55) per month in 2015), and seven dollars and nine cents ($7.09)
per month (in 2016 and thereafter on a mandatory year to year basis as provided in
subsection (d) of this section.
(d) The initial container furnished to owners, agents or occupants of dwellings as provided in
this section shall be free of charge. New or subsequent dwelling owners, agents or
occupants, shall pay an initial nonrecurring service fee of ten dollars ($10.00) to cover the
City's administrative cost of delivery and famishing the refuse container. Should a container
become substantially damaged or otherwise incapable of effective use through no fault of
the City, a new container may be provided at actual cost. Any dwelling unit using more than
one (1) refuse container or habitually having refuse exceeding capacity of the furnished
container shall lease a second container for a year to year term at the lease rate of &e dellars
{$S00) six dollars and fifty five cents (6.55) per month in 2015), and seven dollars and
nine cents ($7.09) per month (in 2016 and thereafter
SECTION V. The effective date of this ordinance shall be August 1, 2015 after passage
by the Common Council, approval of the Mayor, and publication pursuant to law.
Member, South Bend Common Council
Attest:
City Clerk
of
loop
Presented by me to the Mayor of the City of South Bend, Indiana on the day
2_, at o'clock , m.
City Clerk
Approved and signed by me on the day of
i st READING S �"(d -( r
PUBLIC HEARING
'3 rd READING
NOT APPROVED
REFERRED
PASSED
2_, at _o'clock
Mayor, City of South Bend, Indiana
Fred in CE, i 'v` e
r'
Cl 15 I
N 2END, IN
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr. Tim Scott
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 16, Article 2, Sections 16 -6 and
16 -8 Regarding Fees for City Collection and Disposal of Solid Waste Materials
Dear President Scott:
Last year during the budget process, it was identified that the ongoing fees charged for the collection
and disposal of solid waste needed adjusted in order to cover the basic costs of providing the service.
The costs for personnel salaries, wages and benefits, fuel, tipping fees, new technically advanced trucks
and equipment, maintenance, and overhead have risen since the last increase in 2008. Expenses have
outpaced revenues for the past few years which led to a declining fund balance in the Solid Waste fund.
During the budget process, it was suggested that the fees would need to be increased by approximately
$1.00 per month per household in 2015.
The City is recommending that the Council pass a two - tiered fee increase per the attached ordinance for
2015 and 2016. The effective date for the first increase would be August 1, 2015. The recommended
fees would support a more evenly balanced budget and would be competitive with fees in surrounding
communities.
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always, thank you for your consideration.
Sincerely,
Eric C. Horvath
City of South Bend
Executive Director Public Works
'Filed in
AY 20 2 ;j
6 H 3 � -(��
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $200,000
FROM LOCAL ROAD & STREETS FUND (#251),$800 FROM PROFESSIONAL
SPORTS DEVELOPMENT FUND ( #377) AND $316,091 FROM CEDIT FUND
( #408).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2015 operating and capital budgets in
2014 (Ordinances #10331 -14 passed on October 27, 2014) which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2015 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
Local Road & Streets Fund ( #251) $200,000
Professional Sports Development Fund ( #377) 800
CEDIT Fund ( #408) 316,091
TOTAL
Section II. This, ordinance shall be in full force and effect from and after its
passage by the Common Council and approval o e Mayo .
Member o e ommon Council
Attest:
City Clerk
r
crr y to p mMe an
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of
, 2015 at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
10 READING �O g -I
PUBLIC HEARING
1,a READING
NOT APPROVED
REFERRED
PASSED
, 2015 at
Mayor, City of South Bend, Indiana
Felec! €?+Wis'a Offic
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
May 29, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4h Floor
South Bend, Indiana 46601
RE: June 2015 Appropriation Ordinance – Civil City Funds
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods— March, June, September and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1" reading on June 8, 2015 with 2 °d
reading, public hearing and 3`d reading scheduled for June 22, 2015.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Regards _
John H. �b�`"`
mpY"
City Controller
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
Filed in, ?fiice
--- - - -I
CIItGLSs,
0
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $14,500 FROM
WATERWORKS BOND RESERVE FUND ( #626) AND $297,000 FROM CENTURY
CENTER FUND ( #671).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2015 operating and capital budgets in
2014 ( #10323 -14 passed on October 13, 2014), which included expenditures for various
City enterprise operations. It is now necessary to appropriate additional funds for
operational expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2015 and
set apart within the following designated funds for operational expenses as follows:
Fund Amount
Waterworks Bond Reserve Fund ( #626) $ 14,500
Century Center Fund ( 4671) 297,500
TOTAL Z QQ
Section II. This ordinance shall be in fall d effect from and after its
passage by the Common Council and approval of he Mayor.
Member oft the Common Council
Attest:
City Clerk
PaAba an
oppLr t tr pallo<rm Waft and
CmdaftanWWA
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
Approved and signed by me on the
o'clock . m.
1st RPAD W " D —� r
PUBIC HEARING
3 rd READING
NOT APPROVED
IFE"RED
-_;:r)
Deputy City Clerk
day of
, 2015, at
Mayor, City of South Bend, Indiana
Filed in Ciprk's OW16
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1101 `� 2015
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120ON COUNTY -CRY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEJQD PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
May 29, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: June 2015 Appropriation Ordinance – Enterprise Funds
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods — March, June, September and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1St reading on June 8, 2015 with 2nd
reading, public hearing and 3`d reading scheduled for June 22, 2015.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Regards, 11 �A
2,,,/,_.,_ /�� r J c h n /V I✓ r P 1.
John H. Murph i
City Controller
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
Filed to CWr S__0W1ce
� .t
CI'T'Y CLERL -,, ,O L 6, &iI ND, IN
l ��
Z -( s---
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, .
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
(Ordinances #10331 -14 passed on October 2-y 2014 and #10323 -14 passed on October
13, 2014) which necessitate the increase and reduction of appropriations within the
various departments of the General Fund and other funds of the City of South Bend
during 2015.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval or.
Member of the Common Council
Attest:
City Clerk
1 st READING (04'
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
Presented by me to the Mayor of the City of South Bend, Indiana, on the
_ day of 2015, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
Mayor, City of South
, 2015, at
, wig
2 2��5
CITY CL64N.. ,3CAJ; 4 RLND, IN
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120ON COUNTY -CITY BUILDING
227 W. JEFFFRsoN BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
May 29, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4' Floor
South Bend, Indiana 46601
RE: June 2015 Budget Transfer Ordinance
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods — March, June, September and December.
Based on our budget review, we are submitting the enclosed ordinance for transfers
between various departments and cost categories within the same funds for your
consideration. No additional appropriation is requested in this ordinance.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for I't reading on June 8, 2015 with 2nd
reading, public hearing and 3`d reading scheduled for June 22, 2015.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Re ds, s
John H. City Controller/
7, c, K4-'Pt'y
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
Filed in CiPek's Office
1
iw
�zS:�Y3pRDF
Cir-r i;L sF +i ; ♦?44TH SEND, IN
Q
031 a MEIJI
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND
ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN
ECONOMIC DEVELOPMENT TARGET AREA
(JMS Building and Adjacent Parking Lot)
STATEMENT OF PURPOSE AND INTENT
Pursuant to its authority granted by Indiana Code Section 36 -7 -12 et seq., the
South Bend Economic Development Commission (the "Commission "), in furtherance of
economic development within the City of South Bend, Indiana (the "City "), has
investigated, studied and surveyed the need for additional job opportunities within the
City and has made recommendations concerning economic development possibilities
within the City. Based on its investigatory action, studies and surveys, the Commission
has determined that it is necessary to designate a specific geographic area within the City
as an Economic Development Target Area ( "BDTA ") because such area has become
undesirable or impossible for normal development and occupancy due to lack of
development, cessation of growth, deterioration of improvements or character of
occupancy, age, obsolescence, substandard buildings or other factors that have impaired
values or prevented a normal development of property or use of property.
The property known as the JMS Building and adjacent parking lot, located
generally at 108 South Main Street, South Bend, Indiana (the "Property ") has become
undesirable or impossible for normal development and occupancy because of a lack of
development, cessation of growth, deterioration of improvements or character of
occupancy, age, obsolescence, substandard buildings, or other factors that have impaired
values or prevented a normal development or use of property. More specifically, 75% of
the Property's space is vacant and the assessed value reflects that it is obsolete.
The Property was added to the National Register of Historic Places on June 5,
1985, with reference number 85001216. Built in 1910, it was considered the first
"modern" office building of South Bend and was named for its developer, John Mohler
Studebaker, former President of the Studebaker Bros. Manufacturing Co., and the last
survivor of the company's founding brothers.
Based upon all of the above facts, the Commission at a regular meeting held on
May 13, 2015 approved Resolution #2015 -02, a true copy of which is attached hereto and
incorporated herein as Exhibit "A." The Resolution designates the Property and its
adjacent parking lot, collectively comprised of parcel numbers 018- 1008 -0331, 018-
1008- 033003 and 018 - 1008 -0330, as an Economic Development Target Area, which
Resolution the South Bend Common Council, as fiscal body for the City, now approves
by enacting this ordinance pursuant to Ind. Code Section 6- 1.1- 12.1 -7(a).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The South Bend Economic Development Commission's Resolution
No. 2015 -02 adopted on May 13, 2015 attached hereto and incorporated herein as Exhibit
"A" is hereby and in all ways approved.
SECTION II. The Property located at 108 South Main Street in the City of
South Bend, Indiana, comprising parcel numbers 18 -1008 -0331, 18- 1008 - 033003, and
18- 1008 -0330, is hereby designated, determined and declared to be an Economic
Development Target Area pursuant to Ind. Code Section 6- 1.1- 12.1 -7, with all rights and
benefits conferred and authorized by law.
SECTION III. This Ordinance shall be in full force and effect from and after its
passage by the Common Council. and approval by the Mayor.
Member of the Common Council
_..
#i
cR. 1
�' a,iyfY�J. ��1 ' -.App
�y,/y
Attest: courd w5N @ all Ls i &fir
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of
2015, at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2015, at
o'clock . m.
Mayor, City South Bend, Indiana
I st READING S -2,6 � r
PUBLIC HEARING
0 rd READING
NOT APPROVED
REFERRED
PASSED
Filed in rice
,,r,i
Ji3P�iu �f:CYEfDE
CGYS t LFP :, 804"ITH FIEND, IN
1— .�.- _.r.......,.., -_
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
May 20, 2015
Mr. Tim Scott, President
South Bend Common Council
4`h Floor County -City Building
South Bend, IN 46601
RE: Establishing an Economic Development Target Area
JMS Building
Dear President Scott:
PIIONE: 574 /235 -9371
FAX: 574/235 -9021
Attached for the Common Council's consideration is a proposed ordinance which
approves and adopts a recommendation made by the South Bend Economic Development
Commission establishing an Economic Development Target Area for the parcels known as
the JMS Building (Parcel IDs — 018 - 1008 -0330, 018- 1008 - 033003, 018 - 1008 - 0331).
On June 5, 1985 the property known as the JMS Building was added to the National
Register of Historic Places (reference # 85001216). The property currently sits 75% vacant
and meets Indiana Code section IC 6 -1.1- 12.1 -7 criteria for Economic Target Area
designation.
The South Bend Economic Development Commission, in furtherance of economic
development within the City of South Bend, has investigated, studied and surveyed the need
for additional job opportunities within the City and has made recommendations concerning
economic development possibilities within the City. Based on its investigatory action,
studies and surveys, the Commission has determined that it is necessary to designate the
JMS Building as an Economic Development Target Area which will make the JMS Building
a more attractive investment and facilitate the development and occupancy of the building.
Thank you for your consideration.
Sincerely,
7l /t �✓J
Brock Zeeb
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
h IN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
� .ru
CITY
.'LN6,IN
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
h IN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
RESOLUTION NO. 2015-02
A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION RECOMMENDING THE ESTABLISHMENT OF
AN ECONOMIC DEVELOPMENT TARGET AREA
(JMS Building and adjacent parking lot)
WHEREAS, the South Bend Economic Development Commission (the
"Commission ") exists and operates pursuant to the provisions of Indiana Code § 36 -7 -12, et seq.;
and
WHEREAS, under the authority granted by Indiana Code § 36 -7 -12, et seq., and in
furtherance of economic development in the City of South Bend (the "City "); the Commission
has, through City staff members, investigated, studied, and surveyed the need for additional job
opportunities within the City and has formed recommendations concerning the economic
development possibilities within the City; and
WHEREAS, based upon such assessments and reports by the City staff, the
Commission has determined that it is necessary to'designate a specific geographic area within the
City as an Economic Development Target Area ( "EDTA ") because such area has become
undesirable or impossible for normal development and occupancy because of a lack of
development, cessation of growth, deterioration of improvements or character of occupancy, age,
obsolescence, substandard buildings, or other factors that have impaired values or prevent a
normal development of property or use of property; and
WHEREAS, on June 5, 1985, the property known as the JMS Building (the
"Property ") was added to the National Register of Historic Places, with reference number
85001216; and
WHEREAS, the Property, including its fagade, roof, internal systems, and
infrastructure beneath the public way, has deteriorated and become obsolete to an extent that it
cannot support normal development and occupancy; and
WHEREAS, approximately 75% of the Property's space is. vacant; and
WHEREAS, the assessed value of the Property reflects that it is obsolete; and
WHEREAS, the Commission now desires to recommend to the South Bend Common
Council (the "Council ") the designation of the Property as an EDTA.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Economic
Development Commission that:
1. A favorable recommendation is made to the South Bend Common Council for the
establishment of the Property and its adjacent parking lot, collectively comprised of parcel
1
EXHIBIT A
numbers 018 - 1008 -0331, 018 - 1008 - 033201, 018 - 1008 - 033003, and 018 - 1008 -0330, as an
Economic Development Target Area in accordance with Indiana Code § 6 -1.1- 12.1 -7.
ADOPTED at a meeting of the South Bend Economic Development Commission held
at 8:00 a.m. on May 13, 2015, at the County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF ECONOMIC
DEVELOPMENT
Signa
Gr Jurgonski, President
Printed Name and Title
South Bend Economic Development Commission
ATTEST:
St re
sc�z��, Secretary
Printed Name and Tide -
South Bend Economic Development
Commission
4000.0000059 65316403.002
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
111 South St. Joseph St., South Bend, IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX ABATEMENT
FOR
JSK Development, Inc. /Southhold, 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 111 South
St. Joseph St., South Bend, IN 46601 and which is more particularly described as follows:
LOT AB HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL
TOWN OF SOUTH BEND 1 ST RP RP6363 09 -30 -08 09/10
and which has Key Numbers 018-3091-347405 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 (2) two 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 1I1. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
Member of the Common Council
kt5fNTED
NOT APM03M
a to PM* on
�„,3tU r.. , W4
dowel T a w,
., ".
"10a Ir C!Ark's 6MCe
E, Q R15
JOHN VOORDI'
CITV CLERIf, 000TH iiND, IN
�' � pb, (J I,- � qJ0
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
121 South St. Joseph St., South Bend, IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A NINE (9) YEAR REAL
PROPERTY TAX ABATEMENT FOR
JSK Development, Inc. /Southhold, 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 121 South
St. Joseph St., South Bend, IN 46601 and which is more particularly described as follows:
LOT 38A HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE
ORIGINAL TOWN OF SOUTH BEND 11T RP RP6363 09 -30 -08 09/10
and which has Key Numbers 018- 3001 -0024 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 up to (9) nine 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.
PRESENTED
MOT APPROVED
2 -
Member of the Common Council
d to PM* �
Rod in C 3 -A€k's Office
'T" '2Q 2915
x, VoOnDe.
CITY CLeRl', SOUTH SEND, IN
e)'7� � (r- q )
RESOLUTION NO,
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
Crescent Oaks, Section Three
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
Tampico Developments, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas
for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as:
Crescent Oaks, Section Three
South Bend, Indiana, and which is more particularly described as follows:
A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN
DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF
RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST
QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH
BEND, PENN TOWNSHIP, INDIANA MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE
SOUTH 00 016'29" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A
DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS
SECTION IA, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS
INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH
COUNTY, INDIANA; THENCE NORTH 89 °51'58" EAST ALONG THE SOUTH LINE OF
CRESCENT OAKS SECTION IA, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST
CORNER OF CRESCENT OAKS SECTION lA; THENCE NORTH 00 °31'01" WEST
ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 134.72
FEET; THENCE SOUTH 89 °28'59" WEST ALONG THE EAST LINE OF CRESCENT OAKS
SECTION IA, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 °31'01" WEST ALONG
THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 188.50 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 031101" WEST ALONG
THE EAST LINE OF CRESCENT OAKS SECTION 1A, 178.50 FEET; THENCE NORTH
89 028'59" EAST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, 9.51
FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT
OAKS SECTION 1A, 123.07 TO THE NORTHEAST CORNER OF CRESCENT OAKS
SECTION IA:, THENCE NORTH 89 053'49" EAST, 168.00 FEET; THENCE NORTH
00 016'57" WEST, 125.00 FEET; THENCE NORTH 89 °53'49" EAST, 232.00 FEET; THENCE
SOUTH 85 049'33" EAST, 202.76 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING
A RADIUS OF 2,235.00 FEET, BEING SUBTENDED BY A CHORD OF 158.62 FEET,
BEARING SOUTH 13044'17" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE
158.65 FEET; THENCE SOUTH 82 °47'05" EAST,136.53 FEET; THENCE SOUTH 88 °33'39"
EAST 22.41 FEET; THENCE SOUTH 00 °08'02" EAST, 105.24 FEET; THENCE NORTH
89 °51'58" EAST 19.71 FEET THENCE SOUTH 00 °08'02" EAST, 159.73 FEET; THENCE
SOUTH 89 °51'58" WEST, 71.02 FEET TO THE NORTHEAST CORNER OF CRESCENT
OAKS SECTION TWO AS RECORDED AS INSTRUMENT NUMBER 1210614 IN THE
OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH
83 032'59" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO,73.42
FEET; THENCE SOUTH 89 °51'58" WEST ALONG THE NORTH LINE OF CRESCENT
OAKS SECTION TWO, 76.58 FEET; THENCE NORTH 79 °46'57" WEST ALONG THE
NORTH LINE OF CRESCENT OAKS SECTION TWO, 60.00 FEET; THENCE NORTH
10 013'03" EAST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO 1.91
FEET; THENCE NORTH 89 °33'02" WEST ALONG THE NORTH LINE OF CRESCENT
OAKS SECTION TWO, 469.66 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED
PARCEL CONTAINING 6.23 ACRES, MORE OR LESS.
Subject to any easement, covenants, restriction, and right way of record.
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-
1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such
designation is for Real property tax abatement only and is limited to five (5) calendar years from
the date of adoption of the Declaratory Resolution by the Common Council as shown by the
attachment pursuant to Indiana Code 6 -1.1- 12.1 -17.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years as shown by the attachment
pursuant to Indiana Code 6 -1.1- 12.1 -17, and further determines that the petition complies with
Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1-
12.1 et sea.
SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
NOT AF ROV0
ADOPTIO 4
Member of the Common Council
P"DVW all
OPPOrLMY fv h9aft Wd
C0161C Kft iii L"M.
=�'a
JOHN b0®HDE
CITY CLERK, SOUTH SEND, IN
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
4701 Nimtz Parkway, South Bend, IN 46628
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
Schafer Industries, 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 4701
Nimtz Parkway, South Bend, IN 46628 and which is more particularly described as follows:
Business Personal Property
and which has Key Numbers 71- 025 -500 -23829 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.
FOITIV .
F
aecrli w.
Member of the Common Council
C%W &am SCI O-Z WA
In
JUN �1
JOMN oof4
CITY CLERK, EQUTNIAEND, IN
6M [T-� I
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
325 S. Walnut St., South Bend, IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
Masterbilt, 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 325 S.
Walnut St., South Bend, IN 46601 and which is more particularly described as follows:
Business Personal Property
and which has Key Numbers 018- 08790 -00 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 1I. 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.
3
Member of the Common Council
MSENTEU
KOT APPROVER
I`
�ior�gdflds6�iB0°'.� .,-;w6deen
cp °U j tCi a q WA
Cogs
Filed in Clark's Office
MAY °2, 0 Z;,j
CITY CLERK, UGOVr &FE it), IN
6m IF—ra
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
106 -110 North Main St., South Bend, IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (10) TEN YEAR REAL
PROPERTY TAX ABATEMENT FOR
Historic JMS Building, 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 106 -110
North Main St., South Bend, IN 46601 and which is more particularly described as follows:
Key Number 018 - 1008 -0330 — Lot 21 Ex 5' N End & Ex 26' E Side Original Plat 99 -010 Split
to 033003 Trans 9773 10 -7 -98
Key Number 018 - 1008 - 033003 — 20.33' X 70' Nw Cor Lot 20 Original Plat 99 -00 Split Fr 0330
Per 9773 10 -7 -8
Key Number 018 - 1008 -0331 - LOT 20 8X40 FT S SIDE OF 40 FT X 18 FT NE COR & MID PT
N END LOTS 19 &20 62 1/2 FT ON WASH ST X 1112-3 FT DEEP O P SO BEND
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 (10) ten 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.
i RFS[NTED
NOT APPROVra
ADOPT"
Member of the Common Council
SO* of OW W is only to praft an
mss;1 .'
C�t4Yt�i L1Y.vt iY". c'
Filed in ^ Dftce
FMAY '2 0 2015 I
J:Y
CITY CUR zu r), IN
L 1 � 03- 1 F�-F(
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
122 Callander St., South Bend, IN 46614
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR
JSK Development, Inc. /Ireland Hospitality, LLC
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 122 Callandar St., South Bend, IN 46614 and which
is more particularly described as:
Key Number 023 - 1035 -1759 — Lots 1 &2 & NI/2 Vac Callender St S & Adj N Pt SW E of Hwy
029/10 Vac Ord 9885 -08
Key Number 023 - 1035 -1760 — 74.48 x 179.15' Beg 430'S Ireland Rd & E Line US 31 Ex W 10'
to State & N1 /2 Vac Callender St S & Adj 09/10 Vac Ord 9885 -08
Key Number 023 - 1035 -1761 — 60 x 135' On Callander E of US 31 & N %a Vac Callender S & Adj
09/10 Vac Ord 9885 -08
Key Number 023 - 1035 -1767 — I10 x 141.32' Beg 420.17' E of E Line US 31 & S1 /2 Vac
Callender St N & Adj 09/10 Vac Ord 9885 -08
Key Number 023 - 1035 -1768 — Irr Tr Beg 174.94' E & 673.04' S of Inter Us 31 & E & W C/L
&S1 /2 Vac Callender St N & Adj
Key Number 023 - 1035 -1769 — Irr Tr 118.25' E Side US 31 Beg 673.04' S of Ireland C/L & Sl /2
Vac Callender St N & Adj
and which has Key Numbers listed above be designated as an Economic Revitalization Area under
the provisions of Indiana Code 6 -1.1 -12.1 et SeMc ., and South Bend Municipal Code Sections 2 -76
et seq., and;
WHEREAS, 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 seq., and South
Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS, the Community 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
2
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 six (6) 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
Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
�i 677
PROYfO
3,COPY�
Filed in C office
FUu �"N 15 2015
JOHN .L')QpJIi
CITY CLERK, SOUTH BEND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
June 15, 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
RE: Real Property Tax Abatement Petition for:
JSK Development, Inc./Ireland Hospitality, LLC
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAX: 574/235 -9021
Please find the attached information pertaining to a real property tax abatement petition for
JSK Development Inc. /Ireland Hospiltality, LLC:
➢ 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 $6,000,000. The project meets the qualifications for a
(6) six year real property tax abatement. A representative from JSK Development,
Inc. /Ireland Hospitality, LLC will be available to meet with the Committee on Monday,
June 22, 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,
131 ?1v-�l
Brock Zeeb
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 KAM PAMELA C. MEYER CHRIS FIELDING BROOK ZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
JSK Development, Inc./Ireland Hospitality, LLC
DATE: June 15, 2015
On Thursday, June 11, 2015, a petition from JSK Development, Inc./Ireland Hospitality,
LLC was received and subsequently filed with the City Clerk for real property tax
abatement consideration for property to be located at 122 Callander St, South Bend, IN
46614. 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
➢ Construction of a four story, 81 room Holiday Inn Express featuring standard
amenities including a conference room, business center, indoor swimming pool and
fitness facilities.
➢ $6,000,000 investment in new building construction and removal of three existing
buildings on the site
➢ Total project taxes during six year abatement period — $1,054,265
➢ Estimated taxes being abated during six year abatement period — $446,712
➢ Total taxes to be paid during six year abatement period — $607,553
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will:
➢ Create (14) fourteen permanent, full -time and zero (0) pennanem, part-time jobs
within the first year, representing a new annual payroll of $305,760 upon opening.
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
$7N KAIN PAMELA C. MEYER CHRIS RELDWG BROCK ZEES
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner has
been granted or associated with previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project/ or a variance will be sought by the
petitioner.
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 a (6) six -year real property tax abatement under section
2 -84.2, Real Property Tax Abatement.
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City of South Bend
-Petition for Incentives
Y
Petition must include a $250 filing fee payable to the City Clerk's ice or online via the City's website at
http: / /5outhbendin.govl government / cont ent /tax- abotement before processing can be complete 1R65
legalnameas registered with Secretary of JSK DEVELOPMENT INC
State
Businessshucture &CORPORATION
[ompanywebsite W WV.JSKHOTELS.COM
i Proposed Project Information
Proposed project address 122 CALLANDERSTREET Parent company name N/A
Clty,state,iip
SOUTH BEND IN
Legal owner IRELAND HOSPITALITY LLC
Site acreage or acreage required
3.73 ACRES
Istherealestateownedor OWNED
Square feet of facility
15,394 S. F. X 4 FLOORS
Ifleasedbywhom NIA
Primary Contact Information
Primary company contact name
A.J. PATEL
'tie PRESIDENT
Address of company contact
247 DIXIE WAY NORTH
Phone 574-320 -2784
City, State, Zip SOUTH BEND IN 46637
Email AJPATEL97QYAHOO.COM
Senior Official Information
Company senior offidalname =EL
Title PRESIDENT
Address of company contact (if different from
Phone 574 -320 -2764
City state, Zip
Email AJPATEL97 @YAHOO.COM
Consultant Information/Agent
Hired business consultant/agent name LANG,FEENEY &ASSOCIATES INC JL.n
sultan..Nease (Y/N) Y
Address
715 S. MICHIGAN STREET
Local economic developmentpartners
approval N
City, State, Zip
SOUTH BEND IN 46601 Email BERNIE@LANGFEENEY.COM
Project Ovewiew
Briefdescription of your
3 EXISTING BUILDINGSARE TO BE REMOVED ON THIS 3.73 ACRE SITE TO MAKE ROOM FOR CONSTRUCTION
company, project, and why the
OF A FOUR STORY, 81 ROOM HOLIDAY INN EXPRESS.
property is necessary for
conomicgrovnh
THIS CONSTRUCTION WILL NOT NEED EXTENSION OF AN INFRASTRUCTURE TO THE SITE TO CONSIDER IT
VIABLE FOR THIS DEVELOPMENT SINCE SEWER, WATER, GAS AND ELECTRIC ARE ALL CURRENTLY AVAILABLE.
SITE DEVELOPMENT WILL INCLUDE A SURFACE PARKING LOT CAPABLE OF PROVIDING MORE THAN THE
MINIMUM NUMBER OF REQUIRED PARKING SPACES ALONG WITH ADEQUATE DRAINAGE OF THIS FACILITY.
STANDARD THE HOTEL ITSELF WI-L CONTAIN C -
P
y\r
Mice CENT R, INDOOR SWIMMING POOL AND IT S FACILITIES.
i1fia SrS
u�E!l 11Q 2Q1 6
JOHJ VOOS�d&
Certified Technology Park appropriate
NIA
R s END,IN
Community Revitalization Enhancement
District
Certify that the Building Permit has not been
issued /Nl
YNOT ISSUED
Number of residential units created by
0
if this is a petition for personal property tax abatement, has
thp Pouirimpnt been inrtalled
ling Purchase Costs
Building Construction
ing Building Improvements
Machinery & Equipment
al Taoiing/Retooiing
Furniture /Fixtures
Computer /IT Hardware
Software
to Rail Infrastructure
2015
2016
2017
2018
2019
2020
2021
2022
N/A
2016
2017
14
10.50
2018
2019
2020
2021
2022
2023
2024
2025
2026
Full time
Parttime
Laborers
b.00
9.00
Technical
Managerial
21.60
Administrative
11,50
-
o vAll
be the n kw ua response a rcoor coordinating vnt
WorkOne on recruitin ?
KEN HERMAN
Does your company have an EEO hiring policy?
YES
Are you an EEO employer?
YES
Year
2012
the last three
years:
Please describe your commitment to
diversity and inclusion by detailing your
2013
Full-Time Permanent
Calendar Year
India na-Resident
lobs retalned
Positions
Totalhvudy
wage w/o
fringe .r
bonuses
by Calendar Year
Cumulative R of net NEW full time
permanent jobs created at project
Hourly average wage, w/o Totaltraining Totallltobe
benefitsorbonuses , of expenditure- trained - not
wmulativenetnewjobs not cumulative
cumulative
2015
N/A
N/A
2016
2017
14
10.50
2018
2019
2020
2021
2022
2023
2024
2025
2026
Full time
Parttime
Laborers
b.00
9.00
Technical
Managerial
21.60
Administrative
11,50
-
o vAll
be the n kw ua response a rcoor coordinating vnt
WorkOne on recruitin ?
KEN HERMAN
Does your company have an EEO hiring policy?
YES
Are you an EEO employer?
YES
Year
2012
the last three
years:
Please describe your commitment to
diversity and inclusion by detailing your
2013
2014
outreach and recruitment efforts for the last
three years as well as current polities.
Full Time
Part Time
Full Time
Part Time
Full Time
Part Time
Black
6
2
4
Hispanic 7
3
10
Asian
Indian
Female 20
5
16
Other
Complete below ..- Abatement
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
you qualify for the points, please enter the full amount of available
points.
Qualdy
(Yes or No)
-
Earned Points
/Available Poinss
1
Construction Related (Contractors):
A.
Employ Local Companies (7591)
Y
. 20
20
B.
Purchase Materials from Local Companies (75 %)
Y
20
20
C.
Require Employees vs. Independent Contractors
Y
20
19
D.
Require Prevailing Wage (Davis Bacon)
N
22
E.
Require Health Benefits
Y
- 22
22
F.
Require Pension Benefits
N
-
18
G.
Maintain Affirmative Action Plan
Y
20
20
Subtotal Construction Related:
102
- 141
2
Wage & Benefit Related fOwned:
A.
Pay Target Wage Levels
N
33
B.
Provide Health Benefits
Y
34
34
C.
Provide Pension Benefits
N
29
D.
Provide Training
Y
28
28
E.
Provide Child Care
N
15
F.
Provide Transportation Assistance
N
14
G.
Provide Employer Assisted Housing program
N
-
9
Sub -total Wage & Benefit Related:
.62
162
3
Workforce Related:
A.
Create NewJobs
Y
42
42
B.
Retain Existing.lobs
41 ^
C.
Maintain Affirmative Action Plan
Y
35
35
D.
Provide Targeted Hiring Preference
3y
34
Subtotal Workforce Related:
/
152
4
Sumort a Municipal Facility:
A.
Support a SB Municipal Facility (donations to the
zoo, wnservarory, museum, etc.)
Y
84
Name of Facility
DISCOUNT FOR CITY EMPLOYEES
Sub -total Municipal Facility:
184
84
Sub -total from Above:
3S%
539
1 The undersigned owner(s) of real property, located within the City of South Bend, herby. petition the Common Council of the Cil
of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et sea., and
South Bend Municipal Code Sec. 2 -76 et sea." for this petition state the above.
5/26/2015
What is the current assessed value?
Real Property: s(� 300
r
Personal Property:
0.00
Whatisthe Projected assessed value?
Real Property:
Personal property:
0.00
What is the tax key number for this project?
SEE ATTACHED EXHIBIT'A'
What is the six digit NAILS mile?
Please attach a Google map and street view of the location.
Please list the amount of real and personal property taxes
paid for the Iasi fiveyears when applicable.
Real Property Taxes:
Personal Property Taxes:
Year One
Year Two
ss3�7ff
Year Three
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1) How do I pay my petition filing fee?
Your petition filing fee can be paid either in person or via mail to: Or online via paypal at.
City Clerk's Office http://southbmdin.gov /government/
Attn: Deputy City Clerk content /tax- abatement
227 West Jefferson Blvd.. Suite 400 S
South Bend, Indiana 46601
2) Certified Technology Park appropriate? (Page one, under pmject overview)
In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If
yourproperty is not located in either then the answer would be no.
3) Community Revitalization Enhancement District? (Page one, under project overview)
The map below outlines the CRED area, please check to see if you fall within the boundaries.
4) Has any 504 funding been received? (Page one, under investment details)
504 Funding is a loan that comefrom the Small Business Administration. Thisfunding must be appliedfor to be
received.
5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions)
The amount of money to be spentper year on training over the course of the project.
6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions)
The amount of people that you will train per year over the length of the project.
Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the
Department of Comm unity Investment at 574.235.5842 or email at sheintKe southbendin�gov
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4) Has any 504 funding been received? (Page one, under investment details)
504 Funding is a loan that comefrom the Small Business Administration. Thisfunding must be appliedfor to be
received.
5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions)
The amount of money to be spentper year on training over the course of the project.
6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions)
The amount of people that you will train per year over the length of the project.
Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the
Department of Comm unity Investment at 574.235.5842 or email at sheintKe southbendin�gov
STATEMENT OF BENEFITS
�..; REAL ESTATE IMPROVEMENTS
+ ' State Form 51767 (R6110 -14)
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- 12.1 -4.1)
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be
submitted to the designating body BEFORE the redevelopment orrehabWation of real property for which the person wishes to claim a deduction.
2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of
the redevelopment orrehabirtation for which the person desires to claim a deduction.
3. To obtain a deduction, a Form 3221RE must be tiled with the CounlyAuditorbefore May 10 in the yearin which the addition to assessed valuation is
made or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed afterApol 10. A property owner who
failed to file a deduction application within the prescribed deadline may rile an application between March 1 and May 10 of a subsequent year.
4. A property owner who riles for the deduction mustprovide the CountyAuditor and designating body with a Form CFf/Real Property. The Form CF -1 /Real
Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable.
IC 6 -1.1- 12.1 -5. f(b)
5. For a Form SB- !/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each
deduction allowed. For a Form SB- !/Real Properly that is approved prior to July 1, 2013, the abatement schedule approved by the designating body
remains in effect. IC 64.1 - 12.1 -17
IRELAND HOSPITALITY LLC
Address of taxpayer (number andstreet, city, state, and ZIP code)
247 DIXIE WAY NORTH, SOUTH BEND IN 46637
Name of contact person
Telephone number E -mail address
A.J. PATEL ( 574 ) 320 -2784 ainatp[ 7nvphnn n n
SOUTH BEND CITY COUNCIL
I Location of property County DLGF faxing district number
WEST END CALLANDAR ST., SOUTH BEND, IN ST. JOSEPH
EXISTING BUILDINGS WILL BE REMOVED AND REPLACED WITH A 4 STORY, 81 ROOM HOLIDAY INN
EXPRESS. THE NEW HOTEL WILL HAVE A CONFERENCE FACILITY, A BUSINESS CENTER, AN INDOOR
POOL AND A FITNESS ROOM.
W11
1 11
tsumated start date (month, day,
JULY 1, 2015
stimated completion date (moult
JUNE 30, 2016
fiber additional Salaries
Illy $305,000.00
Page 1 of
REAL ESTATE IMPROVEMENTS
COST ASSESSED VALUE
S 300
6,000,000600
Current values
Plus estimated values of proposed project
Le ss values of any property being replaced
6,OSz/, 30 p
Net estimated values upon completion of project
Estimated solid waste converted (pounds) 0.00
Estimated hazardous waste q{gd:0 00 rfyk• s
Other benefits
—j"-'e
yT
2015
JOHat
CITY CLERK, SOUTH BEND, IN
Page 1 of
RR USE OF THE DESIGNATING ROE
We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed
under IC 6 -1.1 -12.1, provides for the following limitations:
A. The designated area has been limited to a period of time not to exceed
expires is calendar years* (see below). The date this designation
B. The type of deduction that is allowed in the designated area is limited to:
1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No
2. Residentially distressed areas ❑ Yes ❑ No
C. The amount of the deduction applicable is limited to $
D. Other limitations or conditions (specify)
E. Number of years allowed: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5 (*see below)
❑Year6 ❑ Year ❑ Year ❑ Year
❑ Year 10
F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6- 1.1- 12.1 -17?
❑ Yes ❑ No
If yes, attach a copy of the abatement schedule to this form.
If no, the designating body is required to establish an abatement schedule before the deduction can be determined.
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved (signature and use of authorized member of designating body) Telephone number Date signed (month, day, year) _
Printed name of authorized member of designating body Name of designating body
Attested by (signature and title of attester) Printed name of attester
* If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a
taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6- 1.1- 12.1 -17.
A. For residentially distressed areas where the Farm SB -1 /Real Property was approved prior to July 1, 2013, the deductions established in IC
6- 1.1- 12.1 -4.1 remain in effect. The deduction period may not exceed five (5) years. For a Form SB -1 /Real Property that is approved after June 30,
2013, the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten
(10) years. (See IC 6 -1.1- 12.1 -17 below.)
B. For the redevelopment or rehabilitation of real property where the Form SB -1 /Real Property was approved prior to July 1, 2013, the abatement
schedule approved by the designating body remains in effect. For a Form SB -1 /Real Property that is approved after June 30, 2013, the designating
body is required to establish an abatement schedule for each deduction allowed. (See IC 6-1.1- 12.1 -17 below.)
IC 6 -1.1- 12.1 -17
Abatement schedules
Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under
section 4 or 4.5 of this chapter an abatement schedule based on the following factors:
(1) The total amount of the taxpayer's investment in real and personal property.
(2) The number of new full -time equivalent jobs created.
(3) The average wage of the new employees compared to the state minimum wage.
(4) The infrastructure requirements for the taxpayers investment.
(b) This subsection applies to a statement of benefits approved after June 30, 2013. Adesignating body shall establish an abatement schedule
for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of
the deduction. An abatement schedule may not exceed ten (10) years.
(c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under
the terms of the resolution approving the taxpayer's statement of benefits.
Page 2 of 2
RESOLUTION NO.
Substitute Bill No. 15 -35 11
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
RECOMMENDING THAT A TALL GRASS/WEED ABATEMENT PILOT PROGRAM FOCUSING ON
PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE SKILLS TRAINING AND
DEVELOPMENT BE IMPLEMENTED FOR THE SUMMER OF 2015
d%hfmwe, for the past several months, discussions have taken place with members of the City Administration
on needed updates to improve the City's tall grass /weed regulations, with those regulations aimed at updating our
local procedures are set forth in Substitute Bill No. 22 -15; and
GA,Cma in light of the proposed updates which streamline local regulations and focus on the property owner
who fails to comply with paying the costs, rather than passing the costs of enforcement to the average taxpayer,
there is an opportunity to create a Pilot Program which may provide limited job opportunities for youth as well
as youth mentorin skills kills this Summer; and
G)femzi, a Pilot Program under the jurisdiction of the Department of Code Enforcement is potentially
feasible to be in operation in mid -June through November 6, 2015; and
OA6w4 the Department of Code Enforcement would work closely with the Law Department so that
qualifying
! 4 years ef age and older may have the oppoiltmity te leam te safely ffiew, tFim and remove debiis fr-em City-
eleet°a� entities have the opportunity to provide vouch mentorine skills and limited emplovment
opportunities in assisting the City to abate environmental public nuisances. Each qualifying non profit
efganization and r r r entity meeting the standards set forth in the City's request for proposals would further be
required to comply with:
• Federal, state and local laws governing youth employment
• Proper required liability insurance and worker's compensation coverage
• Proper thresholds requiring supervision of all youth who are participating
• Proper youth training in all aspects in the proper use, maintenance of all equipment
• Proper youth training in all aspects in the proper use of safety goggles, gloves and other required items for youth
safety and overall public safety
• Provide the Department of Code Enforcement with before and after photos of each property assigned to be cut
on a daily basis where clean-up abatement services by the youth have been provided
information on the website for WorkOne Northern Indiana notes that "when you are young, getting
a good job can be a tough process... successful job seekers foster an attitude of life -long learning "; and
GNP the Bureau of Labor Statistics (BLS) for the U.S. Department of Labor reported that last Summer
"...unemployment among youth rose by 913,000 from April to July 2014 ... [with] the July 2014 labor force
participation rate for 16 to 24 year old mean being 63.2 percent..."; and
4 the Bureau of Labor Statistics for last Summer also reveal that youth employment rates were only
63.2 % for Whites, 56.2 % for Hispanics, 52.9 % for Blacks, 45.8 % for Asians leaving 3.4 million unemployed
youth in July 2014 as reported in the August 13, 2014 BLS Economic News Release entitled "Employment and
Unemployment Among Youth Summary".
r r
Pilot Program for Grass /Weeds Abatement Resolution
Page 2
Section I. The South Bend Common Council recognizes that in the publication Youth Unemployment Challenge
and Solutions — What Business Can Do Now, the following factors were identified as to "Why Youth Fare Worse Than
Adults" in the initial workforce entry:
that:
• "A lack of information, networks and connections among youth, especially youth from families lacking
significant social capital.
• A lack of skills relevant to the workplace.
• A lack of experience and credentials that address employers' risk in making hiring commitments.
• A lack of available jobs suited to entry-level skills ", Manpower Group, Youth Unemployment Challenge and
Solutions, pp. 6 -7.
Section II. The South Bend Common Council in collaboration with the City Administration recognize
"Young people bring energy, talent and creativity to economies that no -one can afford to squander... What
our young people do today will create the foundations for what our economies will do tomorrow ", Youth
Employment: A Global Goal, a National Challenge, ILO 2011; and
"Companies need to `lean forward, 'take a calculated risk, and open their doors to inexperienced young
job candidates... they need to engage their best employees as mentors to young talent ", Manpower Group,
Youth Unemployment Challenge and Solutions, pp. 27.
Section III. The South Bend Common Council hereby authorizes and recommends that in collaboration with the
City Administration that a Tall Grass/Weed Abatement Pilot Program focusing on providing youth with working
opportunities and life skills training and development be implemented by the City of South Bend for the Summer of 2015,
as consistent Aspossible with the guidelines set forth in the Resolution.
Section IV. The Common Council further recommends that the Department of Code Enforcement and any other
City Departments or agencies involved provide periodic updates on the program to the Council's Health and Public Safety
Committee, with such updates suggested to take place in the months of July and November 2015.
Section V. This Resolution shall be in full force and effect in and a 'is tion by the Common Council and
approval by the Mayor.
K 3FNIFD
NOT APPRO\M
John Voorde, City Clerk
JXF VOTTIN)E
CITY CLERK, $RUTH BEND, IN
Tim Scott, 1 st District Council Member
Karen L. White, Council Member at Large
Dr. Fred Ferlic, 4' District Council Member
� 2015
Pete Buttigieg, Mayor of South Bend, Indiana
(574) 235 -9321
June 15, 2015
Members of the Common Council
4" Floor County -City Building
South Bend, Indiana 46601
r' you TO
Common Council
City of South Bend Indiana
4'h Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -9173 Facsimile
Re: Substitute Bill No. 15 -35
Tall Grass/Weed Abatement Pilot Program focusing on Providing Youth
with Working Opportunities and Life Skills Training and Development
Dear Council Members:
(574)235 -5567 TTY/TDD
The two (2) Bills pending before the Common Council addressing tall grass /weeds has generated much
discussion, and has prompted many individuals to cut their grass who may have not done so in the past.
The Substitute Bill changes the initial start of the program to the month of June, and adds Dr. Fred Ferlic as a
sponsor to the Bill, and provides opportunities for businesses and organizations who include youth mentoring
skills to participate in a Pilot Program. We look forward to discussing this proposal with you at the June 16'h
Health and Public Safety Committee meeting. We seek your approval of the Substitute Bill at the June 22nd
Common Council meeting. Thank you.
ost sincere ,
Tim Scott, 1" District Council Member
South Bend Common Council
Dr. Fred Ferlic, 4' District Council Member
South Bend Common Council
Attachment
Karen L. White, Council Member at Large
South Bend Common Council
cc: Randy Wilkerson, Department of Code Enforcement Executive Director
fled In Clem's unlce
JOHN VOCIRDE
CITY CLERK., SOUTH SEND, IN
6c- (( �o .
RESOLUTION NO. [ J —s— °\
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY
HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF
WHEREAS, On November 28, 1990, the National Affordable Housing Act (NAHA) of
1990, also known as the Cranston - Gonzales Act, became law, to implement its stated goal that every
American family be able to afford a decent home; and
WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate
plans in order to be eligible to receive funds from several existing federal programs, including
Community Development Block Grant (CDBG), the HOME Investment Partnership Program
(HOME), Emergency Solutions Grant (ESG), as well as to be eligible to receive funds from new
housing assistance programs created by NAHA; and
WHEREAS, NAHA provides for the designation of geographically contiguous units of
general local government to participate as consortia in, and thereby be considered a single Unit of
general local government, for purposes of HOME; and
WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more
governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be
exercised by such units severally; and
WHEREAS, pursuant to the lnterlocal Cooperation Act, the Cities of South Bend and
Mishawaka, and the County of St. Joseph, being contiguous units of general local government
have formed the St. Joseph Housing Consortium, which, by agreement of the member entities, is
to terminate on December 31, 2015; and
WHEREAS, the Cities of South Bend and Mishawaka, and the County of St. Joseph are all
desirous of re- establishing the Consortium for the purposes of receiving an allocation and
participating in HOME, and all other housing programs administered by HUD for which they may
be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing
assistance activities for HOME and other HUD programs, including using a January 1st program
year; and
WHEREAS, substantially similar resolutions will be approved by the St. Joseph County
Council and the Mishawaka Common Council.
NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36 -1 -7,
THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS:
Section I. The Common Council of the City of South Bend, Indiana has considered and
hereby approves the extension of and participation in the St. Joseph County Housing Consortium for
purposes of the formulation, update, submission and implementation of applicable plans and
programs and the implementation of the HOME Investment Partnerships Program (HOME),
Emergency Solutions Grant (ESG) and other housing assistance programs funded by the Department
of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990
(NAHA).
Section II. The Common Council of the City of South Bend, Indiana hereby authorizes the
Mayor to enter into an Agreement extending the St. Joseph County Housing Consortium, in form and
substance the same as or similar to that of the Agreement attached hereto.
Section III. The Common Council of the City of South Bend, Indiana hereby confirms its
commitment to the goals and the reality of fair housing within the City of South Bend.
Section IV. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
City Clerk
Member, Common Council
am
WW QQ
Filed in Cleo €'
Cii Y C4ERh: sciJ s'trs itNG, IN
AN AGREEMENT AMONG THE CITIES OF SOUTH BEND, MISHAWAKA, AND THE
COUNTY OF ST. JOSEPH EXTENDING THE ST. JOSEPH COUNTY HOUSING
CONSORTIUM
THIS INTERLOCAL AGREEMENT (Agreement) is entered into this
day of 2015 by and among the City of South Bend, Indiana
(South Bend), the City of Mishawaka (Mishawaka), and The County of Saint Joseph,
Indiana (St. Joseph County).
RECITALS
WHEREAS, on November 28, 1990, the National Affordable Housing Act
(NAHA) of 1990, also known as the Cranston - Gonzales Act, became law, to
implement its stated goal that every American family be able to afford a decent
home; and
WHEREAS, NAHA requires any governmental unit to formulate and submit
applicable plans in order to be eligible to receive funds from several existing federal
programs, including Community Development Block Grants (CDBG), Emergency
Solutions Grants (ESG), and the HOME Investment Partnerships Program (HOME);
and
WHEREAS, NAHA provides for the designation of geographically contiguous
units of general local government to participate as consortia in, and thereby be
considered a single unit of general local government for the purpose of HOME; and
WHEREAS, South Bend, Mishawaka, and St. Joseph County (collectively,
Consortium Members "), being contiguous units of general local government, first
formed a consortium on August 27 .1991, with continual renewals every three
years, for the purposes of formulating and submitting required plans for the
purpose of receiving an allocation and participating in the HOME, CDBG, ESG, and all
other housing programs administered by the Department of Housing and Urban
Development (HUD) for which they may be eligible, and for the purpose of
cooperating to undertake or to assist in the undertaking of housing assistance
activities for HOME and other HUD programs, which consortium expires by its terms
unless it is extended prior to December 31, 2015; and
WHEREAS, HUD's Notice CPD -06 -04 and 24 CFR Parts 91 and 92 set forth
requirements for a consortium agreement, and the intent of this Agreement is to
comply with the Notice and CFR Parts 91 and 92.
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, and pursuant to the authority granted the parties under
I.C. 36 -1 -7, the Indiana Interlocal Cooperation Act, the Consortium Members AGREE
as follows:
-1-
1. PREAMBLE
Program Activity. Consortium Members agree to cooperate to undertake or to
assist in undertaking housing assistance activities for the HOME Program.
Fair Housing. Consortium Members confirm their commitment to cooperate
and further the goal of decent, safe, sanitary and affordable housing for every
American, as set forth under NAHA, by taking affirmative steps to strengthen
partnerships between public and private institutions, and to undertake such
activities in conformance with fair housing policies.
Program Year. Consortium Members agree to a January 1st program year.
2. CONSORTIUM
Term. The Consortium's three (3) year qualification period of the Consortium
Agreement is for the years 2016, 2017, and 2018. This Agreement shall terminate at
the later of the following dates: December 31, 2018 or the date on which all
activities funded under NAHA during the federal fiscal years 2016, 2017, and 2018
have been carried out.
Prior to the termination of this Agreement, the Consortium may elect to extend the
term of this Agreement, by the adoption of substantially similar resolutions of each
of the governing bodies of each Consortium Member, approving the extension of the
Consortium and the amendment of this Agreement, and authorizing the chief elected
official of each Member to execute the amendments to this Agreement.
During the duration of this Agreement, no Consortium Member may take any action
to withdraw from the Agreement or terminate the Consortium, this Agreement, or
any Consortium Member's membership while the Agreement is in effect.
Amendment. Changes and amendments to this Agreement shall be made only
upon the affirmative vote of two- thirds of the Consortium membership voting upon
a motion to change or amend at a meeting of the Consortium.
Limitation. No Consortium Member may obstruct implementation of the
Consortium's approved Consolidated Plan.
Representative Appointment. South Bend, Mishawaka, and St. Joseph County
hereby designate South Bend as the Consortium's Lead Entity and authorize South
Bend to act in a representative capacity, as Lead Entity for the Consortium, for
purposes of HOME, and to exercise through its Department of Community
Investment the activities of a Lead Entity.
Representative Responsibilities. South Bend, as representative member of the
-2-
parties to this Agreement, and acting through its Department of Community
Investment, shall assume overall responsibility for:
(a) Ensuring that the Consortium's HOME program is carried out in
compliance with the requirements of the HOME Program;
(b) Formulating, updating, and submitting timely any and all plans,
including but not limited to, a Consolidated Plan as identified by
HUD's Notice CPD- 060 -04; a five (5) year strategy (including a plan
that addresses geographic and program priorities); plans required by
the Consortium; and plans approved by the Consortium;
(c) Formulating and updating a community profile (including a needs
assessment and assessment of the Consortium's housing market and
inventory);
(d) Addressing the issues of homelessness and other fair housing issues;
(e) Administrating and managing housing activities funded through
HOME and other NAHA programs, within the Consortium, including
but not limited to, application processing, applicant capacity review,
property and market reviews, recommendations for funding, contract
processing, and monitoring, and
Co Monitoring and assuring compliance with all HOME requirements
during project implementation and the affordability period, including
the right to enforce provisions of this Agreement and reallocating
funds from activities for non - performance or non - compliance.
Allocation of Project Funds. The initial funding of an activity, as well as any
program income derived from that activity, shall be allocated on a project -
based method.
Allocation of Administrative Funds. Administrative funds to compensate
the Lead Entity South Bend Department of Community Investment for the
services to the Consortium Members will be determined on an annual basis.
Consortium Membership, Consortium Membership Representatives shall
be composed of the following:
(a) The Mayor of South Bend or designee;
(b) A member appointed by the Mayor of South Bend;
(c) The Mayor of Mishawaka or designee;
-3-
(d) A member appointed by the Mayor of Mishawaka;
(e) President of the Board of County Commissioners of St. Joseph County
or designee; and
(f) A member appointed by the President of the Board of County
Commissioners of St. Joseph County.
Each chief elected official member of the Consortium who elects to be represented
by a designated alternate shall, upon designating that alternate, advise the Lead
Entity of the same.
Consortium Communications. The Consortium shall meet from time to
time, as necessary to carry out its responsibilities and purposes hereunder, and
shall publish notice of its meetings and conduct its meetings in accordance with the
provisions of I.C. 5- 14 -1.5.
Quorum and Majority. A simple majority of the Consortium membership
shall constitute a quorum at any meeting of the Consortium. The act of the majority
of the members present and voting at a meeting at which a quorum is present shall
be the act of the Consortium.
Consortium Administration and Duties. To the extent not inconsistent
herewith or restricted hereby, and to the extent not inconsistent with nor restricted
by federal, state or local law, the Consortium may authorize any officer or officers,
agent or agents, including employees of the Lead Entity and specifically, but not
limited to, the City of South Bend Department of Community Investment employees,
to enter into any contract and execute and deliver any instrument in the name of or
on behalf of the Consortium. Such authority may be general or confined to specific
instances. Further the Consortium shall:
(a) Conduct its business and affairs for the benefit of the Consortium
Members;
(b) Provide policy direction to the Lead Entity in its exercise of its
obligations hereunder;
(c) Review and approve the applications made to HUD for funding for
other housing programs funded under NAHA and to be implemented
by the Consortium;
(d) Enter into, make and perform contracts directly with private
corporations, partnerships, associations, or foundations public and
private, the United States of America, the State of Indiana, or any
political subdivision or agency in order to implement and further the
purposes of this Agreement;
-4-
(e) Accept grants and gifts from Consortium Members, the United States
of America, the State of Indiana, other units of general government,
and from any unit, private corporation, partnership, association or
individual. No gift or grant may be accepted from any individual
receiving services or from any member of the South Bend Department
of Community Investment staff, unless such gift comports with City of
South Bend Executive Order 1 -2014 and and /or any amendment to
Executive Order 1 -2014. Further, any grantor gift received by the
Consortium shall be transferred for deposit in the St. Joseph County
Housing Consortium Checking Account, and
(f) Exercise all powers which now or hereafter may be conferred by law
upon the Consortium for purposes of carrying out the purposes of this
Agreement.
3. FISCAL RESPONSIBILITY
Financial and fiscal responsibility for all funds received and administered in
connection with this Agreement, shall, on a day -today basis, be vested in the Lead
Entity the City of South Bend Department of Community Investment and /or the City
of South Bend's Controller. The Department of Community Investment and /or the
South Bend Controller shall be responsible for the receipt, disbursement, and
accounting of all Consortium funds.
4. EXPANSION OF CONSORTIUM
During the term of this Agreement, any other unit of general local
government contiguous to South Bend, Mishawaka, and /or St. Joseph County, may
petition the Housing Consortium to join, and thereby expand the Consortium. Such
petition shall be signed by the chief elected official of the petitioning governmental
unit and shall demonstrate the interest, desire, and commitment of that
governmental unit to participate in and further, affirmatively, the purposes of the
Consortium. The Consortium shall consider and vote on such petition at a regular or
special Consortium meeting. Upon the unanimous vote of the current Consortium
membership approving such a petition, the Consortium shall direct the petitioning
governmental unit to seek the adoption of a resolution by its governing body,
resolving to join the Consortium and authorizing the chief elected official of the
petitioning governmental unit to execute and join the Agreement.
The membership of the Consortium shall be expanded automatically, from
time to time, by the addition of contiguous units of general local government, as they
are accepted for membership upon petition and resolution as provided herein;
provided, however, that the expansion of Consortium membership shall have no
effect upon the designation of South Bend herein as representative member of the
&I
Consortium, nor shall such expansion have any effect upon the composition,
number, operations, and authority of the Consortium, as set forth herein.
5. EXISTING PROGRAMS
Some Consortium Members' existing programs may require modification if
the programs are to be carried out with HOME funds; however, the Consortium's
activities do not impact CDBG funded programs.
6. RECITALS AND HEADINGS
The recitals are an integral part of the Agreement and are incorporated by
reference.
7. AUTHORIZING RESOLUTION
Each Consortium Member previously adopted a resolution resolving to
approve this Agreement, and authorizing the execution of this Agreement by the
chief elected official of the respective local unit of general government. True and
accurate copies of each Consortium Members' resolutions are incorporated by
reference and attached hereto as Exhibit 1.
It is desirable and advantageous and in the public interest to enter into an
Agreement for joint and cooperative action, as embodied in this Agreement.
NOW, THEREFORE, the elected officials of each of the previously mentioned
local units of government approve this Agreement, and as authorized
representatives of their unit of government pledge cooperation and enter into such
Agreement as previously authorized and directed.
02
FOR ST. JOSEPH COUNTY
Andrew Kostielney, President
Board of Commissioners for St. Joseph County, Indiana
FOR THE CITY OF MISHAWAKA
David A. Wood, Mayor
City of Mishawaka, Indiana
FOR THE CITY OF SOUTH BEND
Pete Buttigieg, Mayor
City of South Bend, Indiana
7-
DATE
DATE
DATE
CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR
OFFICE OF THE MAYOR
February 2015
Ms. Pamela C. Meyer
St. Joseph County Housing Consortium
227 W. Jefferson Building
South Bend, IN 46601
RE: 2016 -2018 Consortium renewal agreement
Dear Pam,
In preparation for the renewal of the interlocal government agreement establishing the St. Joseph
County Housing Consortium between the Cities of South Bend, Mishawaka and St. Joseph County,
this letter serves as notice of the City of South Bend's intent to participate for the period of 2016-
2018.
Thank you for your assistance.
Sincerely,
Pete Buttigieg
Mayor
City of South Bend
Filed in,
Office
17 ZU15 1
CITYC R ®uTF16END, IN
1400 COUNTY -CITY BUILDING • 227 W. JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 46601
PHONE 574/235 -9261• FAx 574/235 -9892
227 W. JEFFERSON BOULEVARD
SUrrE 1400 S.
SOUTH BEND, IN 46601 -1830
June 17, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Tim Scott, President
South Bend Common Council
400 County City Building
South Bend, IN 46601
President Scott:
PHONE: 574/235 -9371
FAx: 574/235 -9021
The attached resolution will authorize the Mayor of South Bend to execute documents to renew the
St. Joseph County Housing Consortium under an interlocal agreement between the Cities of South Bend,
Mishawaka, and St. Joseph County. The Consortium was originally established in 1991 and since that time
has brought over 14 million dollars of HOME program funding for low- income assistance into our
community.
The Consortium's current agreement covering the period of 2013 -15 is set to expire on December
31, 2015. The Department of Housing and Urban Development (HUD) process requires a written
notification of intent to participate, and the passage of a resolution authorizing the chief elected officer of
the jurisdiction to execute renewal documents. The renewal agreement will cover years 2016 -2018.
Mayor's Buttigieg's letter noting South Bend's intent to participate is attached.
Re- establishing the Consortium will allow continuation of this valuable community resource. Staff
present this resolution at the June 22, 2015 meeting. Please call me at 235 -5845 with any questions prior to
then. Thank you.
Sincerely/
Pamela C. Me er
Director, Community Development
cc: L.Timmer
S. Ford
ASsISTANT EXECUTIVE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES
CHRIS FIELDING JITM KAIN PAMELA C. MEYER BROCKZEEB
RESOLUTION NO.
A RESOLUTION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT FOR THE ELIMINATION, REORGANIZATION, AND
CONSOLIDATION OF PUBLIC SAFETY ANSWERING POINTS IN ST.
JOSEPH COUNTY, INDIANA, AND OTHER RELATED MATTERS
WHEREAS, the Board of Commissioners (the "Board of Commissioners ") of St.
Joseph County, Indiana (the "County "), the City of South Bend, Indiana ( "South Bend "), the City
of Mishawaka, Indiana ( "Mishawaka "), and the Clay Fire Territory (the "Territory ") (collectively,
the "Parties ") executed an Interlocal Agreement for the Elimination, Reorganization, and
Consolidation of Public Safety Answering Points in St. Joseph County, Indiana (the "Agreement "),
dated the 19th day of August, 2014 to comply with Ind. Code § 36 -8- 16.7- 47(e); and
WHEREAS, Section 4.02 of the Agreement provides that the Parties agree to
jointly finance the acquisition, construction, demolition, renovation, improvement, excavation,
and equipping of projects necessary to build the Consolidated Dispatch Center as defined by
Ordinance 79 -13, passed by the St. Joseph County Council (the "County Council ") on January 14,
2014 and approved by the Board of Commissioners, on January 15, 2014; and
WHEREAS, Section 4.02 of the Agreement further provides that South Bend and
Mishawaka will transfer an irrevocable portion of each City's distributive share of County
Economic Development Income Taxes ( "CEDIT ") to the County, pursuant to Ind. Code § 6 -3.5-
7-15, in such amounts as necessary so that the annual debt service payments (the "Debt Service
Payments ") for the St. Joseph County Economic Development Income Tax Revenue Bonds of
2014 (the "County Bonds ") issued by the County to finance the Consolidated Dispatch Center shall
be paid for by the Parties in the following percentages: South Bend 29.03 %, Mishawaka 17.34%
and the County 53.62 %; and
WHEREAS, in order to permit the County to receive the amounts due under the
designation by the Mayor of South Bend pursuant to the Agreement (the "South Bend
Designation ") without regard to obligations South Bend has with respect to certain outstanding
bonds payable from South Bend's distributive share of CEDIT (the "South Bend Debt "), South
Bend desires to prepay its monthly share of the Debt Service Payments on the County Bonds, with
the amount of such prepayment equaling the amount otherwise due and payable under the South
Bend Designation until the final maturity of the South Bend Debt in February, 2017 (the
"Prepayment Amount "); and
WHEREAS, in exchange for and upon receipt of the Prepayment Amount, the
County shall hold the South Bend Designation in abeyance until March 1, 2017, and the
Designation shall be without effect until such date, and the County shall transfer monthly to South
US.56800002.02
Bend the entire amount of South Bend's monthly distributive share of County Economic
Development Income Taxes (the "CEDIT ") otherwise due and owing to South Bend; and
WHEREAS, under Article V of the Agreement, the Parties agreed to fund the
operating and replacement costs of the Consortium (as defined in the Agreement) and to pay
certain assessments as set forth in the Agreement to provide for the payment of such costs; and
WHEREAS, South Bend receives distributive shares of the public safety option
income tax under Ind. Code § 6- 3.5 -6 -31 (the "Public Safety LOIT ") and desires to substitute
Public Safety LOIT for CEDIT as the intercept funding source if South Bend is delinquent in
paying an assessment provided for in Article V of the Agreement in order to permit South Bend to
issue additional bonds with debt service payable from South Bend's distributive share of CEDIT
free from the intercept mechanism provided by the Agreement; and
WHEREAS, Mishawaka receives distributive shares of the Public Safety LOIT and
desires to substitute Public Safety LOIT for CEDIT as the intercept funding source if it is
delinquent in paying an assessment provided for in Article V of the Agreement in order to provide
Mishawaka the ability to use its monthly distributive share of CEDIT for other purposes, including
the payment of debt service, free from the intercept mechanism provided by the Agreement; and
WHEREAS, there has been prepared for consideration a First Amendment to the
Interlocal Agreement for the Elimination, Reorganization, Consolidation of Public Safety
Answering Points in St. Joseph County, Indiana (the "First Amendment "), attached hereto as
Exhibit A, which provides for (i) South Bend to pay the Prepayment Amount to the County, (ii) the
County to hold the South Bend Designation in abeyance upon receipt of the Prepayment Amount
until March 1, 2017, and (iii) Public Safety LOIT to replace CEDIT as the intercept funding source
should either Mishawaka or South Bend not make the assessment payments required under
Article V of the Agreement; and
WHEREAS, the County Council approved and authorized the execution of the First
Amendment through its adoption of Resolution R8 -15 entitled "A RESOLUTION OF THE ST.
JOSEPH COUNTY COUNCIL APPROVING A FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT FOR THE ELIMINATION, REORGANIZATION, AND
CONSOLIDATION OF PUBLIC SAFETY ANSWERING POINTS IN ST. JOSEPH COUNTY,
INDIANA, AND OTHER RELATED MATTERS" on June 9,2015; and
WHEREAS, the Common Council of Mishawaka approved and authorized the
execution of the First Amendment through its adoption of Resolution 2015 -20 entitled "A
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MISHAWAKA, INDIANA,
APPROVING A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE
ELIMINATION, REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY
ANSWERING POINTS IN ST. JOSEPH COUNTY, INDIANA, AND OTHER RELATED
MATTERS" on June 15, 2015.
I rm
US.56800002.02
THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby approves the First Amendment
attached hereto as Exhibit A and approves and authorizes execution of the First Amendment by
the City.
SECTION II. This Resolution shall be in full force and effect from and after the
time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed
and delivered in accordance with any and all laws pertaining thereto.
COMMON COUNCIL OF THE
jZZ7;;Z A
Member of the Common Council
oRESENTED
NOT I?A QN4
-3 -
US.56800002.02
Filed In Clark's Office
SUN 17 2015
JOHN VOOHDE
CITY CLERK, SOUTH BEND, IN
115MUITOW.
First Amendment to the Interlocal Agreement for the Elimination, Reorganization,
Consolidation of Public Safety Answering Points in St. Joseph County, Indiana
US.56800002.02
EXHIBIT A
First Amendment to the Interlocal Agreement for the Elimination, Reorganization,
Consolidation of Public Safety Answering Points in St. Joseph County, Indiana
US.56800002.02
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE
ELIMINATION, REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY
ANSWERING POINTS IN ST. JOSEPH COUNTY, INDIANA
This First Amendment to the Interlocal Agreement for the Elimination, Reorganization,
and Consolidation of Public Safety Answering Points in St. Joseph County, Indiana (the
"Amendment ") is made as of the day of 2015, by and among the Board
of Commissioners of St. Joseph County, Indiana (the "County"), the City of South Bend, Indiana
( "South Bend "), the City of Mishawaka, Indiana ( "Mishawaka "), and the Clay Fire Territory (the
"Territory") (each individually a "Party" and collectively, the "Parties ") and is made pursuant to
IND. CODE 36 -1 -7.
RECITALS
WHEREAS, the Parties executed an Interlocal Agreement for the Elimination,
Reorganization, and Consolidation of Public Safety Answering Points in St. Joseph County,
Indiana (the "Agreement "), dated the 19"' day of August, 2014 to comply with IND. CODE § 36-8 -
16.7-47(e); and
WHEREAS, Section 4.02 of the Agreement provides that the Parties agree to jointly
finance the acquisition, construction, demolition, renovation, improvement, excavation, and
equipping of projects necessary to build the Consolidated Dispatch Center as defined by
Ordinance 79 -13, passed by the St. Joseph County Council on January 14, 2014 and approved by
the Board of Commissioners of the County of St. Joseph, Indiana, on January 15, 2014; and
WHEREAS, Section 4.02 of the Agreement further provides that South Bend and
Mishawaka will transfer an irrevocable portion of each City's distributive share of County
Economic Development Income Taxes ( "CEDIT ") to the County, pursuant to IND. CODE § 6 -3.5-
7-15, in such amounts as necessary so that the annual debt service payments (the "Debt Service
Payments ") for the St. Joseph County Economic Development Income Tax Revenue Bonds of
2014 (the "County Bonds ") issued by the County to finance the Consolidated Dispatch Center
shall be paid for by the Parties in the following percentages: South Bend 29.03 %, Mishawaka
17.34% and the County 53.62 %; and
WHEREAS, the Mayor of South Bend (the "South Bend Mayor "), in his capacity as the
executive of South Bend, did, on December 30, 2014, execute and deliver to the County his
"Designation of St. Joseph County as a Recipient of Part of the City of South Bend's Distributive
Share of Revenues from the County Economic Development Income Tax (CEDIT)" (the "South
Bend Designation "), pursuant to which the South Bend Mayor designated the County as the
recipient of a portion of each of South Bend's monthly distributive share of CEDIT (the "South
Bend CEDIT ") in amounts equal to the amounts set forth on Exhibit A of the South Bend
Designation which represent South Bend's portion of the Debt Service Payments with respect to
the County Bonds; and
WHEREAS, South Bend previously issued its Taxable County Economic Development
Income Tax Refunding Bonds, Series 2006 A and Taxable County Economic Development
Income Tax Refunding Bonds, Series 2006 B (collectively, the "South Bend Bonds ") payable
solely out of the South Bend CEDIT which finally mature on February 1, 2017; and
WHEREAS, the payment of principal of and interest on the South Bend Bonds
constitutes a senior lien on the South Bend CEDIT; and
WHEREAS, in order to permit the County to receive the amounts due under the South
Bend Designation without regard to the South Bend Bonds, South Bend desires to prepay its
monthly share of certain Debt Service Payments on the County Bonds, with the amount of such
prepayment equaling the amount otherwise due and payable under the South Bend Designation
until such time as the South Bend Bonds finally mature, beginning with the monthly share due in
the month following the month in which this Amendment is executed and ending with the
monthly share due in February, 2017 (the 'Prepayment Amount "); and
WHEREAS, in exchange for and upon receipt of the Prepayment Amount, the County
shall hold the South Bend Designation in abeyance until March 1, 2017, and the Designation
shall be without effect until such date, and the County shall transfer monthly to South Bend the
entire amount of South Bend CEDIT otherwise due and owing to South Bend; and
WHEREAS, under Article V of the Agreement, the Parties agreed to fund the operating
and replacement costs of the Consortium (as defined in the Agreement) and to pay certain
Assessments as set forth in the Agreement; and
WHEREAS, Section 5.06 of the Agreement permits the County to intercept and withhold
CEDIT from any Party that is delinquent in paying the Assessments due by such party; and
WHEREAS, South Bend has determined to issue bonds for the purpose of financing
certain park improvements, the principal of and interest on which bonds would be payable from
the South Bend CEDIT (the 'Park Bonds "); and
WHEREAS, South Bend receives distributive shares of the public safety option income
tax under IND. CODE § 6- 3.5 -6 -31 (the 'Public Safety LOIT ") and desires to substitute Public
Safety LOIT for CEDIT as the intercept funding source if it is delinquent in paying an
Assessment provided for in Article V of the Agreement in order to permit South Bend to issue
the Park Bonds with debt service payable from the South Bend CEDIT free from the intercept
mechanism provided by the Agreement; and
WHEREAS, Mishawaka receives distributive shares of the Public Safety LOIT and also
desires to substitute Public Safety LOIT for CEDIT as the intercept funding source if it is
delinquent in paying an Assessment provided for in Article V of the Agreement in order to
provide Mishawka the ability to use its monthly distributive share of CEDIT for other purposes,
including the payment of debt service, free from the intercept mechanism provided by the
Agreement; and
-2-
US.56189914.04
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties set forth herein and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto hereby agree as follows:
AGREEMENT
1. Prepayment by South Bend. Notwithstanding any provisions of the Agreement,
the Parties hereto agree that South Bend shall pay to the County the Prepayment Amount prior to
the I" day of the month following final execution of this Amendment. Upon receipt of such
payment, the County agrees to hold in abeyance the South Bend Designation and agrees that it
will be without effect until March 1, 2017. During such period, the County agrees that South
Bend shall receive its full distributive share of South Bend CEDIT without reduction or claim by
the County. South Bend and the County agree and acknowledge that the South Bend
Designation will again be in full force and effect on March 1, 2017.
2. Public Safety LOIT Intercept. Section 5.06 of the Agreement is amended and
restated in its entirety to read as follows:
Section 5.06 Assessments: Intercept. The Parties acknowledge the financial
exposure assumed by the County in this Agreement. In recognition thereof,
Assessments not received in accordance with the schedule described in this
Agreement shall be satisfied using an intercept process consisting of
(a) The County Auditor notifying the Controller of the delinquent
Party of the delinquency. The notification shall be in writing and
provide five (5) days to settle the Assessment.
(b) Assessments not received within five (5) days of the written
notifications shall be satisfied by the County Auditor withholding
an equivalent amount of the Public Safety Local Option Income
Tax revenues received under IND. CODE § 6- 3.5 -6 -31 ('Public
Safety LOIT ") from the next monthly Public Safety LOIT
distribution due to the delinquent Party and transferring that
withheld amount to the proper Fund(s).
3. Miscellaneous.
a. Except as expressly modified, amended or supplemented by this
Amendment, the Agreement shall remain in full force and effect.
b. Capitalized terms not defined herein shall have the meaning set forth in
the Agreement.
-3-
US.56189914.04
C. This Amendment may be executed in multiple original, facsimile or PDF
counterparts, each of which when executed shall be deemed an original, but all of which together
shall constitute one and the same instrument.
-4-
US.56189914.04
IN WITNESS WHEREOF, the Parties have executed this Amendment to the
Interlocal Agreement: St. Joseph County PSAP Consolidation
ST. JOSEPH COUNTY, INDIANA
Andrew T. Kostielney, President
of the Board of Commissioners
Dave Thomas, Vice President
of the Board of Commissioners:
Deborah A. Fleming, DMD, Member
Board of Commissioners
ATTEST:
Michael J. Hamann, Auditor
CITY OF MISHAWAKA, INDIANA
David A. Wood, Mayor
ATTEST:
Deborah S. Block, IAMC, MMC, City Clerk
-5-
US.561S9914.04
CITY OF SOUTH BEND, INDIANA
Pete Buttigieg, Mayor
ATTEST:
John Voorde, City Clerk
CLAY FIRE TERRITORY
IN
Michael Dobson, President
Clay Fire Commission Board
AGREED AND ACKNOWLEDGED:
CLAY TOWNSHIP OF
ST. JOSEPH COUNTY, INDIANA
LM
Robbie Thomas, Trustee
120ON Courrrr -Cm BoLDRJG
227 W JEFFERSON BLVD.
Soun4 BEND, INDIANA 46601 -1830
PHONE 574/ 235 -9216
Fax 574/235 -9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
June 17, 2015
Mr. Tim Scott
President
South Bend Common Council
227 West Jefferson Boulevard
4'' Floor
South Bend, IN 46601
Re: Resolution Approving Amendment to
Public Safety Answer Points (PSAP)
Interlocal Agreement
Dear Council President Scott:
Attached for filing with the South Bend Common Council is a Resolution to approve
an amendment to the Public Safety Answer Points (PSAP) Interlocal Agreement (the
Agreement) previously executed by the County, the City of South Bend, the City of
Mishawaka, and the Clay Fire Territory.
The proposed Amendment modifies the Agreement in two ways. First, pursuant to
the amendment, the City of South Bend will prepay through February 1, 2017, its share
of the County CEDIT revenue bonds issued in 2014 to finance the consolidated
dispatch center. This will permit South Bend to receive its distributive share of CEDIT
revenues so that it can make payments on certain outstanding CEDIT bonds which
finally mature in February, 2017. Beginning then on March 1, 2017, the County will
once again continue to withhold South Bend's portion of the County bond payments
from South Bend's distributive CEDIT share.
Additionally, the amendment permits the Cities of South Bend and Mishawaka to
substitute their respective distributive shares of public safety LOIT each would receive
in lieu of their respective CEDIT distributive shares as the intercept funding source if
either City is delinquent in paying their respective assessments for operating and
replacement costs under Article 5 of the PSAP Interlocal Agreement. This provides
each City greater flexibility with their respective CEDIT funds.
10, 1
Mr. Tim Scott
Page Two
June 17, 2015
It is requested that this resolution be placed on the agenda for the Council's meeting
of June 22, 2015. I will present the resolution to the Council at its Committee meeting
and at the regular meeting. A member of the City Department of Law will be present
to answer any legal questions you may have.
Thank you for your consideration.
Sincerely,
�Ohll— � - 00TW
John H. Murphy
City Controller
Attachment
,M\
Filed in _ Office
17 Z015
CITY CLERK, SOUTH BEND, IN
(�`�l� Igo 33-IS�
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES
STATEMENT OF PURPOSE AND INTENT
Since 1981, the City of South Bend, Indiana has codified the regulation of ambulance and
medical user fees into the South Bend Municipal Code. South Bend's current ambulance and
medical user fees took effect on August 1, 2014 (Ordinance No. 10321 -14).
The South Bend Fire Administration has regularly reported to the Common Council its
ambulance service activity pursuant to Chapter 9, Section 9 -18 of the South Bend Municipal
Code, and has provided its recommendation regarding adjustment of user fees. The Fire Chief s
most recent report was submitted to the South Bend Common Council on June 1, 2015.
Based on its survey of these fees and charges, and due to increased costs to the City for
personnel training and necessary medical supplies, it is recommended that ambulance and
medical user fees be adjusted consistent with the 2015 Medicare Fee Schedule. To fully recover
the costs and expenses of the Fire Department paramedic branch in providing ambulance and
emergency medical services, a modest adjustment is required of the current rates. Specifically, a
new rate is appropriate for Specialized Care Transports applied to transports made by Memorial
Hospital's neo -natal transport units.
It is further recommended by the Fire Administration that hereafter the South Bend Fire
Chief be authorized to adjust these user fees once annually and automatically by the same
percentage rate as any adjustments made to the Medicare Fee Schedule rates, with notice to the
City Clerk after which such new rates will take effect. These changes are reasonable,
appropriate, and in the best interests of the City of South Bend.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
Section I. Chapter 9, Article 3, Section 9 -16 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
See. 9 -16. Ambulance /medical user fee -- Established.
(a) The following user fee schedule shall be charged for all ambulance /medical services provided by
the City through its paramedic branch of the Fire Department:
(b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two (2) persons.
(c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend, Indiana.
(d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician Basic (EMT44as )'.
(e) Advanced Life Support, Level 1 (ALS I): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision of at least one ALS intervention.
' ALS 1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ".
Resident
Non-
Resident
Non - Resident
Resident
(1) Basic Life Support (BLS
cam_
$320.34
$ 426.05
Nonemergency)
(2) Basic Life Support—(BLS
505.34
��
512.55
681.69
Emergency)
_
(3) Advanced Life Support —(ALS
,�nr�
384.41
511.26
Non Emergency)
(4) Advanced Life Support--
X8099
608.66
809.51
Emergency (ALS -1 Emergency)
(5) Advanced Life Support —(ALS-2
880.94
880.94
1,171.64
Emergency
(6) Mileage, Basic (Within City
Limits) (per patient miles, minimum
12.66
12.66
12.66
12.66
one (1) mile)
(7) Mileage, Rural (per patient miles,
19.16
19.16
minimum one (1) mile)
19.16
19.16
(8) Non - Transport Medical Calls
150.00
200.00
150.00
200.00
(9) Specialized Care (AO 434 )
1,041.11
1,384.67
(b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two (2) persons.
(c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend, Indiana.
(d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician Basic (EMT44as )'.
(e) Advanced Life Support, Level 1 (ALS I): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision of at least one ALS intervention.
' ALS 1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ".
(f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance
vehicle, medically necessary supplies and services, and the administration of at least three (3)
medications by intravenous pus/bolus or by continuous infusion excluding crystalloid, hypotonic,
isotonic, and hypertonic solutions (Dextrose, Normal Saline, Ringer's Lactate); or transportation,
medically necessary supplies and services, and the provision of at least one (1) of the following:
(1) Manual defibrillation /cardioversion
(2) Endotracheal intubation
(3) Central venous line
(4) Cardiac pacing
(5) Chest decompression
(6) Surgical airway
(7) Intraosseous line
(g) Non - Transport Medical Calls: Means a response to a medical emergency call by ambulance
vehicle and the administration of ALS skills upon or medication given to a patient who then
refuses transport to the hospital.
(h) Mileage, Rural, shall apply to vehicle runs made to areas in zones or zip codes designated as rural
by Medicare and the U.S. Department of Health and Human Services in its Medicare regulations.
(i) The above fees shall take effect on?anu^f^WAueust 1, 2015.
Section II. This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Member of the Common Council
ill lame an
Attest: Oppxws fty k i baz tmft 8-4
CDtmd aam or, rNs ban.
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2015, at o'clock m.
City Clerk
Approved and signed by me on the
at o'clock, _.m.
1 fl READING
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
PASSED
of
2 ,
Mayor, City of South Bend, Indiana
Filed in Clark's Office
i J 2015
JOHN V066 -E
CITY CLERK, SOUTH SEND, IN
1222 S. MICHIGAN STREET
Soma BEND, INDIANA 466o1 -2821
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
SOUTH BEND FIRE DEPARTMENT
STEPHEN F. COX
FIRE CHIEF
PHONE 5741 23 5-9 25 5
FAX 574/235-9305
Filed in Clerk's Office
JUN 16 2015
JOHN 1fOORDE
CITY CLERK, SOUTH BEND, IN
Common Council President Tim Scott June 16, 2015
County -City Building
South Bend, IN 46601
President Scott,
I am respectfully requesting the South Bend Common Council consider my recommendation to increase
the Ambulance User Fees charged by the South Bend Fire Department. As stated in City Ordinance No.
10321 -14, I have provided the required Annual Review of User Fees with the recommendation for an
increase that reflects the increase in reimbursement amounts allowed by Medicare. These amounts are
current to this year. As I have stated in the past, Medicare typically adjusts this reimbursement allowance
at least annually, which usually includes an increase in the rate of reimbursement. If adjustments are not
made to our user fees, we are unable to take advantage of Medicare's reimbursemincreases.
I appreciate your consideration on this matter. I look forward to presenting the ordinance to Council at
your Committee and regular meetings.
Sincerely,
Step n F. OOx
Fire Chief
JAMES LOPEZ TODD L. SxWAROAN ANDREW J. MYER JOHN CORTHIER FEDERICO RODRIGUEZ,
ASST. CHIEF OPERATIONS ASST. CHIEF SERVICPS ASST. CHIEP EMS ASST. CHIPT TRAINING FIRF. MARSHAI.
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