HomeMy WebLinkAbout08-24-15 Agenda, Packet & Committee Meeting NoticeOFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
REVISED
August 19, 2015
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for Monday, August
24, 2015 in the Council Informal Meeting Room, 4t1 Floor County -City Building, 227 W.
Jefferson Blvd., South Bend, Indiana:
4:00 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Bill No. 15 -81 — Designating Tax Abatement- Fed -Ex Ground Package
System Inc. -5115 Dylan Drive — 5 year Personal Property
4:10 P.M. UTILITIES COMMITTEE DAVID VARNER, CHAIRPERSON
1. Bill No. 25 -15 — Amend the SBMC Chapter 16 — Provide Yard Waste
Removal Solely from City Furnished Containers
2. Bill No. 26 -15 — Amend the SBMC Chapter 16 — Adjust Fees for City
Collection and Disposal of Refuse(Solid Waste) Materials
4:30 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON
1. Updates and Continued Discussion of Concerns Related To The 911 Call
Center (PSAP) — Todd Geer, and Commissioner Andy Kostielney
2. Update from Chief Teachman on Increased Violence in the City
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
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 JANICETALBOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
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.
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
August 19, 2015
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for
24.2015 in the Council Informal Meeting Room, 4th Floor Countv -City Kith
4:00 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Bill No. 15 -81 — Designating Tax Abatement- Fed -Ex Ground Package
System Inc. -5115 Dylan Drive — 5 year Personal Property
4:10 P.M. UTILITIES COMMITTEE DAVID VARNER. CHAIRPERSON
1. Bill No. 25 -15 —Amend the SBMC Chapter 16— Provide Yard Waste
Removal Solely from City Furnished Containers
2. Bill No. 26 -15 —Amend the SBMC Chapter 16 —Adjust Fees for City
Collection and Disposal of Refuse(Solid Waste) Materials
4:30 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER. CHAIRPERSON
1. Updates and Continued Discussion of Concerns Related To The 911 Call
Center (PSAP) — Todd Geer, and Commissioner Andy Kostielney
Council President Tim Scoff 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
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.SouthBendlMgov
KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
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.
AGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, AUGUST 24, 2015
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB- COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
7-nn D M
6. REPORTS OF CITY OFFICES - MAYOR PETE BUTTIGIEG
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
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
8. BILLS, THIRD READING TIME:
BILL NO.
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
9. RESOLUTIONS
L imommim
15 -79 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND INDIANA, COMMONLY
KNOWN AS 402 N. SHERIDAN ST. AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF (2) TWO YEAR
VACANT BUILDING TAX ABATEMENT FOR MANUFACTURING
TECHNOLOGY, INC.
15 -80 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 402 N. SHERIDAN ST. AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR
PERSONAL PROPERTY TAX ABATEMENT FOR MANUFACTURING
TECHNOLOGY, INC.
15 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5115
DYLAN DRIVE, AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR FEDEX GROUND PACKAGE SYSTEM, INC.
10. BILLS, FIRST READING
BILL NO.
40 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
17, ARTICLE 1, BY UPDATING SECTION 17 -4 ADDRESSING
DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS
41 -15 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND,
INDIANA, LEVYING TAXES AND FIXING THE RATE OF
TAXATION FOR THE PURPOSE OF RAISING REVENUE TO.MEET
THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH
BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016
42 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF
SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH
BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY
1, 2016 AND ENDING DECEMBER 31, 2016 INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A
TIME WHEN THE SAME SHALL TAKE EFFECT
43 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
.MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF
THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016
INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS
AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
44 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING,
ADOPTING AND APPROVING THE SOUTH BEND PUBLIC
TRANSPORTATION CORPORATIONS' 2016 BUDGET AND
LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION
FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH
BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND,
INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31,
2016
45 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
4, ARTICLE 4, SECTION 4 -45 OF THE SOUTH BEND
MUNICIPAL CODE BY INCLUDING NEW REGULATIONS
ADDRESSING MOBILE FOOD VENDORS, MOBILE FOOD VENDING
VEHICLES, AND UPDATING RESTAURANT REGULATIONS
11. UNFINISHED BUSINESS
A. REPORTS FROM AREA PLAN COMMISSION
1. BILL 23 -15- REZONING- 803 W. WASHINGTON STREET - REQUEST
TO WITHDRAW
2. BILL 34 -15 - REZONING - 23530 STATE ROAD 2, 56575,
56589, 56605 MAYFLOWER ROAD, 23562, 23580 HURON,
56546, 56576, 56586 &'56660 HOLLYWOOD BLVD.
3. BILL 35 -15 - REZONING - 4325 S. MICHIGAN ST.
B. REQUEST BILL 19 -15 - CALLING FOR THE ESTABLISHMENT OF A
SOUTH BEND MUNICIPAL ID'CARD PROGRAM BE SET FOR PUBLIC
HEARING
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.
In the interest of providing greater public access and to promote greater transparency,
the South Bend Common Council agenda has been translated into Spanish. All
agendas are available online from the Council's website, and also in paper format in the
Office of the City Clerk, 41h Floor County -City Building. Reasonable efforts have been
taken to provide an accurate translation of the text of the agenda, however, the official
text is the English version. Any discrepancies which may be created in the translation,
are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the
City of South Bend, Indiana.
.
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 or ether-
lessee, — leased f........ the Cit., o neatly deposited --in -the tFee lawn, And shall 00
segregated 4°m any t«° °w °« garbage. However, special pick up may be scheduled for
pny Ttree 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, excluding
tree limbs in excess of six inches in diameter and stumps. may be sehedtded F «
°ice 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 II. 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 yard waste nick 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 — tc u . .............. weight of a.:«.., five 35
pounds. The 35 peHad weigM limit sha4l not apply if yafd waste is delivered ira
wuau.e. !eased from the G4 5 , provided in Seetien 16 8(g) ef this Ai4ielo .provided,
however-, at 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 ... . be disposed of by landfill or in any other lµ. Awl
mariner.
Section IV. This Ordinance shall be in full force and effect on January 1, 2016
conditioned upon adoption by the Council and approva!7;
Member, South Bend 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
o'clock . M.
t sP READING S' 2_
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
ASSED
day of
2 , at
Mayor, City of South Bend, Indiana
Filed
Office
..__
2015
CITY CLERK, SOUTH GEND, IN
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr. Tim Scott
President, South Bend Common Council
41^ 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 foryard 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.
h� J
V
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 Cam(. Horvath
City of South Bend
Executive Director Public Works
Red
r
4 v ��15
lY L C, tiouni MEND, Ifd
ORDINANCE NO
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 II. 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 five dellar-s ($5.00) 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 furnishing 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 €tve dollars
($3:00) 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
Presented by me to the Mayor of the City of South Bend, Indiana on the
roll
2, at o'clock _. M.
Approved and signed by me on the
M.
1 st READING S— Z(, -{ S-
PUBLIC HEARING
3 rd READING
"IOT APPROVM
J°i,RRED
'ASSED
City Clerk
day of
day
2 , at _o'clock
Mayor, City of South Bend, Indiana
Flied in C1 ,:ice
A U L015 !
J":
CITY € LE W',.:sW Sit SEND, IN
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, 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
� KY 2G 2'
4
_. -_1
C tTY CLE:M,,t ::. >«,; ;a q,-ND, Its
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
402 N. Sheridan St., South Bend, IN 46619
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX
ABATEMENT FOR
Manufacturing Technology, 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
402 N. Sheridan St., South Bend, IN 46619 and which is more particularly described as
follows:
PT SW SE NE COR SHERIDAN & LINDEN 12 AC SEC 4 -37 -2E
and which has Key Numbers 018 - 2193 - 725801 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
PRESENTED
NOT APPRO.30
ADOPT",�
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 III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
J
Member of the Common Council
Filed In rWWS 0fHde
it it 9
l ..
2(�I,
l��yp yntp.ry , �y y,
&A 0) , cr-
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
402 N. Sheridan St., South Bend, IN 46619
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
Manufacturing Technology, 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
402 N. Sheridan St., South Bend, IN 46619 and which is more particularly described as
follows:
Business Personal Property
and which has a Key Number to be assigned be designated as an Economic Revitalization
Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
PRESENTED
NOT AMO..N
Ai C PUO
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 Il. 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 gt seq.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
Member of the Common Council
Filed in Clerk's office
ciHK VO
Cb11"i BIER& 4GUTIt END, IN
6-m o3'
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
5115 Dylan Drive, South Bend, IN 46628
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR:
FedEx Ground Package System, Inc.
WHEREAS, a petition for personal property tax abatement consideration has been filed
with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 5115 Dylan Drive, South Bend, IN 46628 and which
is more particularly described as follows:
Business Personal Property
and which has a Key Number to be assigned be designated as an Economic Revitalization Area
under the provisions of Indiana Code 6 -1.1 -12.1 et see ., and South Bend Municipal Code Sections
2 -76 et sM., 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 m., and South
Bend Municipal Code Sections 2 -76, et seg., 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 pursuant to Indiana Code 6-
1.1- 12.1 -4.5 et seg., that:
a. The estimate of the cost of the new manufacturing equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result
from the proposed installation of new manufacturing equipment;
C. That the estimate of the annual salaries of those individuals that will be employed
or whose employment will be retained by the Petitioner can be reasonably expected
to result from the proposed installation of new manufacturing equipment;
d. Any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment;
and
C. The totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits
as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement
Consideration and that Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code 6 -1.1- 12.1 -4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of the
Department of Community Investment, and the Community Investment Committee's favorable
recommendation, that the area herein described be designated as an Economic Revitalization Area
for purposes of personal property tax abatement and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal property
tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of (5) five years as shown by the attachment
pursuant to Indiana Code 6 -1.1- 12.1 -17.
SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this
Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana
Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council
on the proposed confirming of said declaration.
SECTION VII. 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
. o.• )q
2
UMMIM0571 .—K
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
FedEx Ground Package Systems, Inc.
DATE: August 17, 2015
On Tuesday, August 4, 2015, a petition from FedEx Ground Package System, Inc., was
received and subsequently filed with the City Clerk for personal property tax abatement
consideration for property to be located at 5115 Dylan Drive, South Bend, IN 46628.
Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South
Bend, this petition was referred to the Department of Community Investment for purposes
of investigation and preparation of a report determining whether the area qualifies as an
Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning
requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
➢ Purchase new equipment to accommodate their anticipated growth. FedEx will be
relocating the workforce from their Mishawaka based facility to the new, larger
facility in South Bend.
➢ New project taxes over the five year abatement period — $1,286,801
➢ Estimated taxes being abated over the five year abatement period — $592,944 .
➢ Total taxes to be paid on new and existing equipment over five year abatement
period — $693,857
EMPLOYMENTIMPACT
Per the petition, it is estimated that the total project will:
➢ Create 6 permanent, full-time jobs within the five year abatement period,
representing a new annual payroll of $276,432
➢ 71 total jobs will be created (6 full time and 65 part time) with a total annual payroll
of $1,079,524
➢ 19 permanent full -time jobs will be relocated from Mishawaka to South Bend with
a total annual payroll of $875,216.
➢ 127 total jobs will be relocated from Mishawaka to South Bend (19 full time and
108 part time) with a total annual payroll of $2,209,665
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
IITBJ KAIN PAMELA C. MEYER CHRIS Finww BROCKZEEB
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted, finds that the petitioner has not
been granted or associated with any previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property
is located in the River West Development Area.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner
meets the qualifications for a (5) five -year personal property tax abatement under
section 2 -84.2, Tangible Personal Property Tax Abatement.
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City of South Bend a Trtay,
ay
Petition for Incentives y
EPethlon
t
e a $ 250 fdkW fee payable to the City Clerk's Office before processing can be complete
General Information Project Name
Latal name are;ktered•dth 5•mbrr of FedEx Ground Package System, Inc.
auslneas strvctare
C Corporation
Compeny welrsile www.fedex.conn
Proposed Project Information
Proposed . of 1 adtlress 5115 Dylan Drive
Pi rentwmpanyname
FedEx Corporation
City, SUM Zip
Saulh Berta, IN 46628
lyal ownx
WeatCO South Bend, LLC
5lte aaeate oraaeiit.,equ,ed
26.1180
Is thereat estate ownedw
I
eesetl
I
Square hat olhdary
208.361
If leased by whom
Primary Contact information
Fed.. Ground Package System, Inc,
291 wmpa nytonuRm me
Debbie Dillin er
g
red" Tax Adviser -FedEx Services
address of conpany wntaR
1000 FedEx Drive
phO"° (412) 8535089
at , Stine, V, Moan Twp.. PA 15108
I
Email
debbie.dlll)nger @ fedex.com
Senio a Information
Cpmpanysenlor o 11011 name
i itle
address of ranpany wntsR (If tllftertnt hom
phone
chh, u1tS rep
Consultant information/Agent
Einav
Hired business snmultanVapmtnamr DO&Phelps /Greg Myers
CartuluntrWax
es
address
39555 Orchard Hill PI
Local economic devel opment partner
owl N
Ves
Chy, State, ZIP
Novi. MI 48375
Email
gregc ry. myers ®OU11arMphelps.com
Project Overview
edr/dawlptlm myour
( )Providescost email sal
Fed Ex Ground FXG -p g shipping throughout North America, Including dependable
ghp g De
.,an,, preces end wiry the
business -lo- business delivery and convenient maitlenGal service.
cavemen race
property i
Property h necesvry for
.nilctrowth
As pert of FedEx Ground's North American rlehimik expansion plan, FedEx Ground proposes to have a now 208,000 square
feet diatibuaon center built on Dylan Dnve (Amedplex Park) in South Bend to allow for business rowth. The col would
in
msuk the rebcaaon and significant expansion of its edsting f " j Mls v�ka I hlch p outda loo a 0 Quat
under 55,000 SF) to accommodate planned groMh In addition
i *Mx�yl�51"!�tl(4` Joe, at
approximately $15 million In material handling equipment at the reposed proiect ado. FXG tare -of- en
dlsMbution facility, we a long -term lease of 10. years .
AUG 17 2015
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
- -- —
CerYraed TeNnobty Part appropbte
N�
community M4hlbatlon Enhancement
District
Nn
Certify Mat the ealhang Permhhasnetbeen Nc Numbcrotrtsldential.ad arand by
,sued IYINI NSA
If this is • Peddoo for personal properly to abatement, has
the u mentbeenimaulled No
rlc lnhaRraRUrt rseeds(OR - I Has any spa funding been What is the value ofeny equipment bekst pardlased In What lathe value of snryeguIpnart brYl
4u M project in dol.") recelvedl ]nor.. for the protect? wrAVed hem ew M.ea•. a,�«.�.w�
L Norio No 1 8800.000 1 $14.200000
Acquisition
ing Lease Payments
ing Purchase Costs
Building Construction
ng Building Improvemen
Machinery 8 Equipment
at Toding/Retooling
Fumiture /Fixtures
Computer /fT Hardware
Software
to Rail Infrastructure
to Fiber Infrastructure
2014
2015
2016
2017
2018
2019
2020
2021
Totalhourly
Cumulative a of net NEW full time
Hourly average wage, w/o Total training Totalpto be
wage w/o
permanent jobs created
at project
benefits or bonuses, of expendit re- trained -not
fringe or
cumulative net newjobs not cumulative
bonuses
cumulative
2014
i9
SL21S
2015
2016
2012
4
$22.15
2018
2
$22.15
2019
2020
2021
2022
2023
Full-Time
Permanent Indiana-Resident
Positions
by Calendar
Year
Calentlar rear lobs retained
Totalhourly
Cumulative a of net NEW full time
Hourly average wage, w/o Total training Totalpto be
wage w/o
permanent jobs created
at project
benefits or bonuses, of expendit re- trained -not
fringe or
cumulative net newjobs not cumulative
bonuses
cumulative
2014
i9
SL21S
2015
2016
2012
4
$22.15
2018
2
$22.15
2019
2020
2021
2022
2023
2024
2025
Full time
Part time
laborers
$11.12
Technical
Managerial
$31.11
$26.89
Administrative
$18.43
$14.94
Who will
be the individual reipons7b a rcoor namg with
Not applicable
WorkOne on recrultin 7
Does your company have an EEO hiring policy? Vey
Are you an EEO employer?
Yes
Please desalbe your commltment to
the last three
years:
diversity and Inclusion by detailing your
outreach and recruitment efforts for the last
Year Y01P
2013
2014
three years as well as current policies.
Full Time
Part Time
Full Time
Part Time
Full Time
Part Time
Black
23
1
33
26
Fed Ex's diversity mission statement
says 'we value the contributions and
Hispanic 1
4
1
4
10
perspectives of all employees
regardless of race, gender, culture,
Asian
1
religion, age, nationality, disability, or
sexual orientation." For detailed
Indian
1
1
1
information about diversity and inclusion
at FedEx, please refer to the
Female 5
29
3
38
2
33
company's website at hftp: / /about.van.
Other
fedex,com /diversity.
Complete below for Real or Personal Property Tax 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.
qualify
(yes or No)
Earl Points
Available Points
1
Construction Related IContractorsk
A.
Employ Local Companies (75%)
Yes
20
20
B.
Purchase Materials from Local Companies (75%)
No
0
20
C.
Require Employees vs. independent Contractors
No
0
19
D.
Require Prevailing Wage (Davis Bacon)
No
0
22
E.
Require Health Benefits
No
0
22
F.
Require Pension Benefits
No
0
18
G.
IMaintain Affirmative Action Plan
No
0
20
Sub -total Construction Related:
20
141
2
Wage & Benefit Related lgwnere
A.
Pay Target Wage Levels
Yes
33
33
B.
Provide Health Benefits
Yes
34
34
C.
Provide Pension Benefits
Yes
29
29
D.
Provide Training
Yes
28
28
E.
Provide Child Care
No
0
15
F.
Provide Transportation Assistance
No
0
14
G.
IProv1de Employer Assisted Housing program
No
1 0
9
Sub -total Wage & Benefit Related:
124
162
3
workforce Related:
A.
Create New Jobs
Yes
42
42
B.
Retain Existing Jobs
Yes
41
41
C.
Maintain Affirmative Action Plan
Yes
35
35
D.
Provide Targeted Hiring Preference
No
0
34
Sub -total Workforce Related:
118
152
4
Support a Municipal Facility:
A.
Support a 58 Municipal Facility (donations to the
zoo, conservatory, museum, etc.)
No
0
84
Name of Facility
Sub -total Municipal Facility:
0
84
Sub -total from Above
262
539
:t.
The undersigned owners) of reaFproperty, looted within the City of South Bend, herby Petition the Common Council of the City
of South Bend for a realat�personal property tax abatement consideration and pursuant to I.C., 6- 1.1- 12.1 -1, et seg., and
South Bend Municipal Code Sec. 2 -76 et sea. for this petition state the above.
What is the current assessed value?
RealProparly:
$28,200
Personal Property:
$o
What is the projected assessed value]
RulProperty:
$14,800.000
Personal Property.
$15.000.000
What is the tax key number for this projec12
025- 1010- 016902
What Is Me qx di81t NAKS code]
492110
Please attedi a Goggle map end street New of the location.
See Anacbmont A
Please list the amount of rea l and persmral property taxes
paid for the last five years when apoll. de.
Real Property Taxes:
Personal Property Taxes:
Year One
$1,502.56
N/A
Year Two
$1,396.01
WA
Year Three
$1.261.54
N/A
Year Four
$1,004.65
N/A
Year Five $689.05
Staff Use Only
Please fill out the Public Senefit Summary Information and
JYQ rN
N/A
add to the total from above.
Pw "ts Points
Public Benefit Item:
Project Reated:
5
A.
Redevelop a Site that has Special Needs
49
B.
Develop Based on Local University Research
35
C.
Achieve a Physical Element of a Plan
36
Sub -total Project Related:
0
120
6
Super
Size Projects 1point values are cumulativel:
A.
100% to 199%
25
B.
200% to 299%
69
C.
300% to 399%
65
O.
400% and Over
52
Sub -total Super Size Projects:
0
210
7
Pay for Munitlpal Infrastructure:
A.
Pay for Oversizing or Upgrading
14
a.
Pay for 26-50% of Extension Cost
26
C.
Pay for 51-75% of Extension Cost
39
O.
Pay for 76- 100% of Extension Cost
52
Subtotal Infrastructure Rutted:
0 131
Total from Applicant Section:
262
539
Total from Staff Section:
0
461
Total Public Benefit Points:
262
1000
I) How do I pay my petition filing fee?
Yourpetition filingfee can be paid either in person or via mail to:
City Clerk's Office
Attn: Deputy City Clerk
227 West Jefferson Blvd. • Suite 400 S
South Bend, Indiana 46601
2) Certified Technology Park appropriate? (Page one, under project 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 ifyou fall within the boundaries.
4) Has any 504 funding been received? (Page one, under investment details)
504 Funding is a loan that tome from the Small Business Administration. This funding must be applied
for to be received.
5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions)
The amount of money to be spent per 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.
If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the
Department of Community Investment at 574. 135.5841 or email at sheintzetasouthbenN��•� ;- —�
AUO 1 7 7?015
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
CREeD District
Boundary
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4) Has any 504 funding been received? (Page one, under investment details)
504 Funding is a loan that tome from the Small Business Administration. This funding must be applied
for to be received.
5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions)
The amount of money to be spent per 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.
If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the
Department of Community Investment at 574. 135.5841 or email at sheintzetasouthbenN��•� ;- —�
AUO 1 7 7?015
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
STATEMENT OF BENEFITS
PERSONAL PROPERTY
Stale Form 51764 (R2112 -11)
Prescribed by the Department of Local Government
Filed in Vprk'g Office
AJ � 17 2016
CCITYm rzRt14stij-'l S-END,IN
FORM SB•1lPP
PR'V �110TCE' The wtand C. wlery in/omrelgn beMof ero GY
INSTRUCTIONS: IC 67.7 -12. L5.1 c snit di.
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing If the designating body requires
inthrma ton Irom the applicant m malting its decision about whether to designate an Economic Revitalization Ave. Otherwise this statement must be submitted
to the designating body BEFORE a person installs Me new manufacturing equipment erMkrresearch and development equipment, and/or logistical d/sMbution
equipment and/or information technology equipment for which the person wishes to claim a deduction. Projects' planned or committed to after July 1, 1987,
and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6.1.1 -12.1)
2 armor research end development body equipment Cl, Town Board. County Courx#, eta) must b°o67einedprior to installation of Me now manufacludrrg equipment
logistical distribution equipment ends information technology equipment BEFORE a deduction may
be approved
3. To obtain a deduction, a person must Poe a ced7ed deduction schedule with the Person's personal property return on a certd/ed deduction schedule (Form
103-ERA) with the township assessor of the township where the property is situated or with the county assessor if there is no township assessor for the
township. The 103 -ERA must be fried between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and
development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing
extension has been obtained. A person who obtains a 01ing extension must the the form between March 1 and the extended due date of that year
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF- / PP annually to show compilance with Me
SlatemenlofBenefds. pC tL1.1- 12.1 -5.6)
S. The schedules established under IC 61.1- 121-4.5(d) and (e) apply to equipment installed after March 1, 2001, unless an e0ernaf/va deduction schedule is
adopted by (he designating body (lC 6- 1.1- 12.1.17).
SECTION INFORMATION of taxpayer
FedEx Ground Package System, Inc.
Address of lerpeyer (nwMerandstrW city. &.10, ono ZMcaeo)
1000 FedEx Drive, Moon Twp., PA 15108
Name of conMOl parse.
Debbie Dillinger
Telephone "" eel
(412) 859 -5089
Name of deeignalhi; body
City of South Bend
Resolution number (s)
Location of properly County
5115 Dylan Drive
DLGF aauicl number
St. Josephs
Description of manufacturing equipment snftr research and development equipment
and/or I iNcal distribution equipment and/or information technology equipment.
(use add I shoots if necessary)
ESTIMATED
.
STMT DATE COMPLETION DATE
FedEx Ground will purchase and install logistical distribution Manufacturing Equipment
equipment at the project site that includes material handling and R a D Equipment
related equipment necessary to run the new distribution facility.
Loglst Dist Equipment
09/14/2015 04/01 /2016
IT Equipment
ltal�F�u AN
Conant number Salaries Numce:reielned Salaries Numb.- addlemel SeWes
127 $2,209,665 127 $2,209,665
71 $1,079,524
NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the MANUFACTURING R & D EQUIPMENT LOGIST DIST
EQUIPMENT R EQUIPMENT
EQUIPMENT
COST of the property Is confidential. COST ASVALUSEED COST ASSVALUESSE ED COST ASSESSED
Current "[use
COST ASSESSED
AWE VALUE
loo
SO
Plus estimated values of proposed pro act
515,000,000
515,000.000
Less values of any property being replaced
So
so
Net estimated values upon complelion of project
515000.000
515,000,000
EslimOled solid wos;e corn; erted (pounds)_ 0.00
Estimated hazardous waste convened (pounds) 0.00
Other Dane /ih:
hereby certify [hat the representations in this statement are We.
SignalUre ors ulFarin:ed f We,_
tnr%Jv� ) Y
Tile
�f. jllast.
Data a n d
%� i6yYe4
/ rie 1 of 2
We have reviewed our prior actions relating to the designation of this economic revitalization area and find thal the applicant meets the general standards
adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.142.1 -2.5, provides for the following limitations as
authorized under IC 61.142.1.2.
A . The designated area has been limited to a period of Ume not to exceed calendar years' (see below). The date this designation expires
B . The type of deduction that is allowed in the designated area Is limited to:
new information technology equipment installed and first claimed eligible for deduction on or after July 1. 2000. is allowed for.
❑ 1 year
1. Installation of new, manufacturing equipment;
❑Yes
ONO
2. Installation of new research and development equipment;
® Yes
❑ N o
3. Installation of new logistical distribution equipment.
O Yc s
ON.
4. Installation of new Information lechnotugy equipment;
9--]Yes
ONO
C. The amount of deduction applicable to new manufacturing equipment Is limited to $.
cost with an assessed value of
D. The amount of deduction applicable to new research and development equipment is limited to $ cost wth an assessed value of
E. The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of
F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of
G Other limitations orcondillons
H. The deduction for new manufacturing equipment and/or new research and development equipment and /or new logistical distribution equipment and/or
new information technology equipment installed and first claimed eligible for deduction on or after July 1. 2000. is allowed for.
❑ 1 year
❑ 6 years " For ERA's established prior to July 1, 2000, gatf a
❑ 2 years
❑ 7 years 5 or 10 year schedule may be deducted.
❑ 3 years
❑ B years
❑ 4 years
❑ 9 years
D 5years"
❑ 10years "
I. Did the designating body adopt an aftemaUve deduction schedule per IC 61.1- 12.1 -17? ® Yes 13 No
If yes, attach a copy of the alternative deduction schedule to this forth.
Also we have reviewed the information contained In the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to Justify Ina deduction described above.
Date signed (I ondr, day. yead
Designated body
If the designating body limits the time period during which an area is an economic revitalization area, It dose not limit the length or time a taxpayer is
entitled to receive a deduction to a number of years designated under IC 6.1.1-12.145
Page 2 of 2
Attachment A - Google Map and Street View
r-.- _'
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17 -4 ADDRESSING
DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS
STATEMENT OF PURPOSE AND INTENT
The current downspout regulations for the City of South Bend are codified into the South Bend Municipal
Code as Section 17 -4, which have not been updated since 1970.
For the past several years, the City has had a voluntary "Downspout Disconnect Program ". It requires a
property owner who wishes to participate in the program, to sign a hold harmless and indemnification
agreement. The City may then "disconnect the downspouts, cap the drainway, and add an extension to
the downspout so the water drains into the yard instead of into the combined sewer ".
On December 29, 2011, the U.S. Attorney's office announced a cost estimate of $509.5 million for the
proposed improvements to the City's combined sewer system. The Common Council has been advised
that it is now estimated to cost over $667 million to implement the Long Term Control Plan (LTCP)
required by the Environmental Protection Agency (EPA) mandate addressed in the Court's Consent
Decree.
The Common Council and the Department of Public Works believe that updating the downspout
regulations will help minimize such discharges. Downspout disconnection is also recommended by the
EPA as part of its "Green Infrastructure ". It essentially reroutes rooftop drainage pipes to drain rainwater
to rain barrels and permeable areas, instead of into the storm sewer.
The Common Council, working in collaboration with the City's Public Works Director, also acknowledge
that the Indiana Department of Environmental Management (IDEM) also recommend that downspouts be
connected to rain barrels so that such captured water can be used to "irrigate landscape during dry periods ".
Such practices are par of the "Urban Nonpoint Source Best Management Practices" recommended by
IDEM.
This ordinance is believed to be in the best interests of the public health, safety and welfare of the City of
South Bend, Indiana.
✓�cwn; /ez� %ic::�ly � �rd��ined /� / /re Vhrnn�cie �Jnrci��i /�' //� Vr /� Yon!/ �riid, �diruiia, of
1611 -red :
Section I. Chapter 17, Article 1, Section 17 -4 of the South Bend Municipal Code is amended to
read as follows:
Sec. 174 Drains and Downspouts Disconnection Requirements, Exceptions.
Downspouts and dFHiHS to be eonneeted with storm sewers, .
Drain and Downspout Disconnect Ordinance Regulations
Page 2
(a) ^ m,.,. the e ff et:,.,.. a+e oft-his „«.:,.1. "No newly constructed gutter, downspout, roof drain,
foundation drain or off - street parking area drain shall be connected with or permitted to drain into the
sanitary sewer system of the City. After Whenever it becomes necessary to rebuild, repair or
replace any such drain existing prior to the °n°et R-ca is seet:,.. he sa it shall be rebuilt, repaired or
replaced in such a manner that it will no longer be built, repaired or replaced in such a manner that it will
no longer be connected with or flow into the sanitary sewer system of the City.
(b) Whenever it is reasonably feasible to a„ . A , ,,.r. ptter a,..,,,,..peiit. r-ee f a_..:,,,
feundafien dfaias and eff stTeet parking e&ea df-ains shall be eenneoted te or- designed to gem, into the
s4enn sewer system of the City, and w4hin the boundafy limits of the dewftteA% urban r-enewal afea shaH
hp qA Asm1pstpj 4.*hether newly eenstpaeted er- pre,,4eusly existing, as see- Fig thesteFm se;iver system in
the area is eempleted.
(e) The provisions of this seetion shall nat apply where a differvn4 methed ef dispesing af
rainiv-atef is ,. «ae«va by the City Engineer „« the Building n,.„,„,issi,.,,,,«
(b) Storm water and all other unpolluted drainage including cooling water shall be discharsed to
retention or detention basins, to naturally occurring or construed wetlands, to rain barrels, cisterns, to a
natural outlet, or utilize other Best Management Practices (BMP) methods approved by the Department
of Public Works and authorized by the Indiana Department of Environmental Management (IDEM) or in
the case of residential properties to "On -Lot Treatment" practices recommended by the Environmental
Protection Agency (EPA).' The Department of Public Works is authorized to institute additional
compliance regulations and standards so lop as s they are discussed with the Council's Utilities Committee
prior to taking effect and conspicuously posted on the City of South Bend's official municipal website.
(c) Due to the extraordinary estimated costs to implement the Long Tenn Control Plan (LTCP)
mandated by the Environmental Protection Agency (EPA) and the Indiana Department of Environmental
Management (IDEM), all buildings, sump pumps, and parking lots which currently direct their stormwater
into the sanitary or combined or storm water sewers shall have up to five (5) years from the date of the
passage of this ordinance to disconnect, with the following limited exceptions and requirements:
(1) All building rooftops located in Commercial/Mixed Use Districts defined in Section
21 -03 of Article 3 of Chapter 21 of the South Bend Municipal Code which include: OB
Office Buffer District, MU Mixed Use District, O Office District, LB Local Business
District, CB Community Business District, CBD Central Business District, and GB
General Business District, shall have a limited exemption which shall be subject to the
owner(s) of each such building filing with the City's Department of Public Works
(DPW) within the first three (3) years of said five (5) year period, a feasibility study
' IDEM sets forth "Technical Resources for Best Management Practices (BMP) which promote the most environmentally -
friendly methodologies. See: www.in.gov.IDEM. The EPA has set forth as part of their "Best Management Practices" On -Lot
Treatment methods which are available at hM: / /water.eya.goy /i)olwaste /npdes /swbmp /On- Lot - Treatment cf n
Drain and Downspout Disconnect Ordinance Regulations
Page 3
and a costibenefit analysis to confirm that compliance may be cost Prohibitive due to
the building having an internal drainage system due to impervious surfaces or other
documented reasons which shall be reviewed by DPW DPW shall review such
documentation and meet with the owner to determine if there are any other alternatives
such as rooftop gardens and /or green roofs for their building rooftops which should be
designed to lower the temperature of the building filter pollution and reduce the
maintain a comprehensive listing of all such properties by address and provide a status
update on compliance to the Council's Utilities Committee no later than October I" of
each year.
(2) All roofs and sump pumps of all one and two family detached houses addressed in
Chapter 21, Article 2, Section 21 -02 of the South Bend Municipal Code as a single
family dwelling or a two family dwelling shall be disconnected on or before December
31, 2018. Owners of such single family dwellings or two family dwellings may
participate on a one -time basis at no charge to such owner(s) in calendar year 2016
and 2017, in the City of South Bend's "Downspout Disconnect Program" This
program is part of the Neighborhood Improvement program administered by the
Division of Engineering in the Department of Public Works .2 Anyone who has not
complied with reouired disconnections by December 31 2017 may participate in the
Downspout Disconnect Program in the 2018 calendar year, however he /she shall be
charged for such services at the rates established by the Board of Public Works An
owner of a one or two family detached house addressed in this paragraph who believes
that he /she cannot comply with the disconnection requirements must file a cost/benefit
analysis to confirm that compliance would be cost prohibitive due to impervious
surfaces, or other documented reasons which shall be reviewed by DPW The building
owner may appeal the decision of DPW to the Board of Public Works within ten (10)
days of the DPW decision. DPW shall maintain a comprehensive listing of all such
properties by address and provide a status update on compliance to the Council's
Utilities Committee no later than October I" of each year.
Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or
word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
Section III. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication.
z Information on the Downspout Disconnect Program and the hold harmless and indemnification agreement are available at
httu: / /www.ei south- bend.in us/goveniment/ content /neighborhood - improvement programs
Drain and Downspout Disconnect Ordinance Regulations
Page 4
Henry Davis, Jr., 2 "d District ouncil Member
South Bend Common Council
Dr. David Varner, 5th District Council Member
South Bend Common Council
Dr. Fred Ferlic, 4' District Council Member
South Bend Common Council
Office of the City Clerk
6Te irttr(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
ra�(.radw�i.dby me on the day of
Pete Buttigieg, Mayor
City of South Bend, Indiana
1 x READING
2 f -��
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
2015, at _ o'clock _.m.
Filed in Cleric's Office
E19 2015
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
�i
Y1 41
+ — °/
f h' 2 1W `iii:
wl op
The South Bend Common Council
227 West Jefferson Boulevard, Room 441
Downtown South Bend, Indiana 46601
574.235.9321
August 18, 2015
The South Bend Common Council
4`I' Floor County -City Building
South Bend, Indiana 46601
Re: Downspout Disconnection Regulations
Dear Council Members;
We are filing the attached proposed ordinance to update the City's downspout regulations.
In light of the $667 million cost estimate to implement the Long Term Control Plan (LTCP) required by
the Environmental Protection Agency (EPA) mandate addressed in the December 2011 judicial Consent
Decree, we believe that all reasonable steps should be taken to help minimize discharges into storm sewers.
It is estimated that approximately 50% of the 40,000 one and two - family houses in South Bend have
downspouts which are still connected. The proposed ordinance would:
• Create a 3 -year period for all owners of a one or two - family dwelling to comply.
• Would continue the City's "Downspout Disconnect Program" at no charge for owners of a one or
two - family dwelling for calendar years 2016 and 2017, and would authorize the Board of Public
Works to establish reasonable fees for the program effective January 1, 2018.
• Would create a 3 -year period for owners of buildings in Commercial/Mixed Use Districts to
comply.
• Would establish a process where any affected property owner who believes that compliance would
be cost prohibitive would be required to file a cost/benefit analysis with the Department of Public
Works and would permit an appeal of their decision to the Board of Public Works.
Downspout Disconnect Cover Letter — page 2
We believe that the proposed regulations are proactive and reasonable. We request that the Bill be sent to
the Council's Utilities Committee for review and recommendation. Thank you.
Most sincer +.
Henry v , Jr. °d i ' t Council Member
South Bend Common Counci
Dr. David Varner, 5th District Council Member
Utilities Committee Chairperson
Dr. Fred Ferlic, 4th District Council Member
South Bend Common Council
Attachment
cc; Eric Horvath, P.E., Department of Public Works Director
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES
AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING
REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY
OF SOUTH BEND FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2016
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose
of raising revenue to meet the necessary expenses for 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of
Taxable Property of the City of South Bend, Indiana, for the fiscal year 2015 to be collected in the year 2016
the following:
For CORPORATION GENERAL FUND, the sum of $xxxx on each one hundred dollars of Taxable
Property.
Property. For PARK AND RECREATION FUND, the sum of $xxxx on each one hundred dollars of Taxable
For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $xxxx on each one hundred
dollars of Taxable Property.
Total Civil City Rate $xxxx
For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $xxxx on
each one hundred dollars of Taxable Property.
Total Redevelopment Rate $xxxx
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.
QMemberof the Common Council
Attest:
su'liglll�l5g 0i tii;: b-i4 ' =iiy a ydr' 8+1
COUtIC� ✓� Gfl ��
City Clerk
of
1 st READING
PUBLIC HEARING
3 rd READING
NOT APPROWD
'EFERRED
PASSED
Presented by me to the Mayor of the City of South Bend, Indiana on the
2 , at o'clock . m.
Approved and signed by me on the
o'clock .m.
Deputy City Clerk
day of
day
2 , at
Mayor, City of South Bend, Indiana
Filed in Ciprk's office
AU6.1 9 2015
�OFii�Ni7tii 2 %.:
CITE' CLERK, SOUTH SEN[i, IN
120ON CouNTr -Ciro BuLDiNG
227 W JEFFERSON BLVD.
Souni BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
PHoNE 574/ 235-9216
FAX 574/235 -9928
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 19, 2015
Mr. Tim Scott
President, South Bend Common Council
4`h Floor County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal
year ending December 31, 2016
Dear Council President Scott:
Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing
the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2016 and ending
December 31, 2016. This tax rate will apply for property tax assessments in fiscal 2015 with taxes payable in
fiscal 2016.
Similar to prior years, this bill has been filed with the estimated property tax rates left blank. The final property
tax rates for each municipality in the State of Indiana are determined by the Department of Local Government
Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must
be completed in February, 2016. The actual property tax rates will depend on the 2015 /pay 2016 net assessed
valuation of property in South Bend.
This bill is submitted for 1"read filing with the Common Council for the council meeting on August 24, 2015, 2nd
reading and public hearing at the council meeting on September 28, 2015, with 3rd reading and council vote at the
council meeting on October 12, 2015.
I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and
other meetings of the South Bend Common Council.
Respectively submitted,
��
J H. Murphy hy
City Controller
Filed in :leek's Office
AUU.19 2015
CITY CLERK, ."sOUi H SEND, IN
&1106- q2,-(-r
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL
DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several
Departments of the Civil City of South Bend, Indiana for 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AS FOLLOWS:
SECTION 1. For the expenses of the Civil City Government,' its various Departments, Funds,
Commissions, and institutions for the fiscal year ending December 31, 2016, the following sums of money,
as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set
apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws
governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized
to be made in said year, unless otherwise expressly stipulated or provided by the laws.
SECTION II. For the fiscal year ending December 31, 2016, there is hereby appropriated out of
the General Fund Number 101 and from Funds other than the General Fund, of said City to wit:
(103) Excess Levy Fund
(201) Park and Recreation Fund
(202) Motor Vehicle Highway Fund
(203) Park Recreation Non - Reverting Fund
(209) Studebaker Oliver Reverting Grants
(210) Economic Development Grant Fund
(211) Community Investment Administration Fund
(212) Community Investment Grant Fund
(216) Police State Seizures Fund
(217) Gift, Donation, Bequest Fund
(218) Police Curfew Violations Fund
(220) Law Enforcement Continuing Education Fund
(222) Central Services Fund
(224) Central Services Capital Fund
(226) Liability Insurance & Premium Reserve Fund
(227) Loss Recovery Fund
(249) Public Safety Local Option Income Tax Fund
(251) Local Roads and Streets Fund
(258) Human Rights — Federal Fund
(273) Morris PAC/Palais Royale Marketing Fund
(278) Police Take Home Vehicle Fund
(279) 311 Call Center
(289) Hazmat Fund
(291) Indiana River Rescue Fund
(292) Police Grants Fund
(294) Regional Police Academy Fund
(295) COPS More Grant Fund
(299) Police Federal Drug Enforcement Fund
(313) Hall of Fame Debt Service Fund
(377) Professional Sports Development Fund
(403) Zoo Endowment Fund
(404) County Option Income Tax Fund
(405) Park Department Non- Reverting Capital Fund
(406) Cumulative Capital Development Fund
(407) Cumulative Capital Improvement Fund
(408) County Economic Development Income Tax Fund
(410) Urban Development Action Grant Fund
(412) Major Moves Construction Fund
(416) Morris Performing Arts Center Capital Fund
(655) Project ReLeaf Fund
(677) Hall of Fame Capital Fund
(701) Fire Pension Fund
(702) Police Pension Fund
(705) Police K -9 Unit Fund
(711) Self- Funded Employee Benefit Fund
(713) Unemployment Compensation Fund
(730) City Cemetery Trust Fund
SECTION III. This Ordinance shall be in full force and ter its passage by the Common
Council and approval by the Mayor.
Member, u ommon 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 12 at
o'clock, _.m.
19t READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
E. ERRED
PASSED
Mayor, City of South Bend, Indiana
Filed In Cle'rk's Office
_u
A Jti I 19 2615 +
5 S
CITY CLERK, SOUTH EiEND, IN
120ON CouNTY -Crrr &nLDTNG
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
NONE 574/ 235 -9216
FAx 574/235 -9928
.DEPARTMENT OF ADMINISTRATION AND FINANCE
August 19, 2015
Mr. Tim Scott
President, South Bend Common Council
4 "' Floor, County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of
Departments and Funds of the Civil City of South Bend for the fiscal year ending December
31, 2016
Dear Council President Scott:
Attached herewith please find a bill for consideration by the Common Council of the City of South
Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1,
2016 and ending December 31, 2016.
This bill is respectively submitted for ls` read filing with the Common Council for the council
meeting scheduled for August 24, 2015, 2 °d read and public hearing at the council meeting on the
September 28, 2015, with 3`" read and council vote at the council meeting on October 12, 2015.
This bill will be presented to the Common Council by the Mayor, Controller, Department Heads
and other staff of City Administration as required at the appropriate sessions of the Personnel and
Finance Committee and at the public hearing.
Respectfully submitted,
�a.
J H. Murphy
City Controller
Filed In C!,cwk's Office
fi`' 19 2Q15
J + ;OORDB
CITY CI ER6,, �iOUTH BEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 INCLUDING ALL
OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL
TAKE EFFECT.
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated
Enterprise Funds of the City of South Bend, Indiana for 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AS FOLLOWS:
SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its
various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2016, the
following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated
and ordered set apart within the Funds hereinafter named in Section II, and for the purposes hereinafter specified in
Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all
expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law.
SECTION II. For the fiscal year ending December 31, 2016 the above appropriations are made within the
following Funds of the City:
(287) EMS Capital Fund
(288) EMS Operating Fund
(600) Consolidated Building Fund
(601) Parking Garages Fund
(610) Solid Waste Operating Fund
(611) Solid Waste Depreciation Fund
(620) Water Works General Operations Fund
(622) Water Works Capital Fund
(624) Water Works Customer Deposit Fund
(625) Water Works Sinking Fund
(626) Water Works Bond Reserve
(629) Water Works 0 & M Reserve Fund
(640) Sewage Repair Insurance Fund
(641) Sewage Works General Operations Fund
(642) Sewage Works Capital Fund
(643) Sewage Works O &M Reserve Fund
(649) Sewage Works Bond Sinking Fund
(661) 2012 Sewer Bond Fund
(670) Century Center Operating Fund
(672) Century Center Energy Savings Debt Service Fund
SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
j;z�_
Member of the Common Council
Attest:
pubric heaft and
LOUPIL°ii M
City Clerk
Presented by me to the Mayor of the City of South Bend, Indian on the day of
at o'clock .m.
Approved and signed by me on the
_day of at o'clock .m.
1 et READING o %i t S/
PUBLIC HEARING
3 rd READING
NOT APPROVER
REFERRED
PASSED
Deputy City Clerk
Mayor, City of South Bend, Indiana
Filed in C Prk's Office
177 2Q15 9
CITY CLERIC, SOUTH BEND, IN
120ONCouNTY- CITYBm me
227 W. JumsoN BLVD.
Sount BEND, INDJANA 46601 -1830
CITY Op SOUTH BEND PETE BUTnGIEG, MAYOR
PxoNE574/235 -9216
Fax 574/235 -9928
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 19, 2015
Mr. Tim Scott
President, South Bend Common Council
4° Floor, County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated
Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2016
Dear Council President Scott:
Attached herewith please find a bill for consideration by the Common Council of the City of South
Bend appropriating monies for enterprise fund expenditures for the fiscal year commencing
January 1, 2016 and ending December 31, 2016.
This bill is respectively submitted for 1s` read filing with the Common Council for the council
meeting scheduled for August 24, 2015, 2nd read and public hearing at the council meeting on the
September 28, 2015, with 3' read and council vote at the council meeting on October 12, 2015.
This bill will be presented to the Common Council by the Mayor, Controller, Department Heads
and other staff of City Administration as required at the appropriate sessions of the Personnel and
Finance Committee and at the public hearing.
Respectfully submitted,
1�.
Jo H. Murphy
City Controller
Filed in Clprig's Office
��� 19 2x15
r.:;y , }OORDE
CITY CLER" ,,, SOUTH SEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND
PUBLIC TRANSPORTATION CORPORATION'S 2016 BUDGET AND LEVYING THE
TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF
RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2016
Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit
its proposed budget and tax levy to the Common Council of the City of South Bend for adoption.
Specifically, Indiana Code § 6- 1.1 -17 -20 requires that the South Bend Public Transportation
Corporation, as a political subdivision governed by a majority of unelected officials, submit its
proposed budget and property tax levy to the Common Council of the City of South Bend.
Pursuant to Indiana Code § 6- 1.1- 17- 20(e), the Common Council of the City of South Bend is
required to review the South Bend Public Transportation Corporation's budget and proposed tax
levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, as follows:
SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending
December 31, 2016 in the sum of $12,077,143.00, as shown on Budget Form 4 -A, filed with the
Common Council on August 19, 2015, is appropriated, adopted, approved and ordered set apart
out of the several funds herein named and for the purposes herein specified, subject to the laws
governing the same. Such sums herein appropriated shall be held to include all expenditures
authorized to be made during the year, unless otherwise expressly stipulated and provided for by
law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South
Bend Public Transportation Corporation, a total property tax levy of $4,229,436.00 and a total
tax rate of 0.1382 as shown on Budget Form 4 -B are also appropriated, approved and adopted.
SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the
Common Council of the City of South Bend and approved by the Mayor.
Member, South Bend Common Council
Attest:
of ft b1 Is 0* 10 Pvi& 8n
City Clerk tr ptft hwoV and
count l acom on 1t bride.
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 _ day of
at o'clock, _.m
14 READING 0 Z 1 -l'-
PUBLIC HEARING
3 rd READING
NOT APPROVZ
REFERRED
PASSED
City Clerk, Deputy
2015,
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
FAN, 19 2015
JOHN Vuo: ii)F
CITY CLERK, SOUTH SEND, IN
Alk o
trans
mI p
south bend public
transportation corporation
Via Hand Delivery
August 19, 2015
Mr. Tim Scott
President - City of South Bend Common Council
County - City Building - Room 4005
South Bend, IN 46601
Dear President Scott:
Enclosed please find an original and several copies of:
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORTATION'S 2016 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION
FOR THE PURPOSE OF RAISING REVNUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016
Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of
South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6- 1.1 -17 -20
requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget
and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's
budget and proposed tax levy and adopt a final budget and tax levy for Transpo.
I.C. § 6- 1.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy.
Pursuant to this code section, the first publication of Transpo's budget must occur by September 4, 2015 and the second
publication must be made by September 11, 2015.
Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council.
Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board
meeting on October 19, 2015.
Transpo's budget was filed with the Common Council on August 19, 2015. Transpo will present this Ordinance to the
Council by its Controller, Christopher Kubaszak. Tranppo's General Counsel, Jamie C. Woods, may also attend along
with Members of Transpo's Board of Directors.
On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated.
Sind
David Cangany
General Manager, South Bend Public Transportation Corporation
(574) 232 -9901 • FAX (574) 239 -2309. 1401 South Lafayette Blvd • South Bend, IN 46613
I pr rrcins P o
AOL
south bend public
transportation corporation
2016 FISCAL OPERATING & CAPITAL BUDGET
January 1, 2016 through December 31, 2016
Prepared By
South Bend Public Transportation
SOUTH BEND PUBLIC TRANSPORTATION CORPORATION
SOUTH BEND, INDIANA
2016 FISCAL YEAR BUDGET REQUEST
TABLE OF CONTENTS
BUDGET ESTIMATE FOR 2015
PROJECTIONS / ASSUMPTIONS
2016 Revenue Projection ..................................................... ..............................1
2016 Expense Projection ..................................................... ..............................2
2016 Appropriations ............................................................. ..............................3
2016 Budget Assumptions ................................................... ..............................4
2016 Budget Policy Statements ........................................... ..............................6
2016 Budget Summaries by Category — All Accounts .......... ..............................7
2016 Capital Requirement ....................................... .............................16
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TRANSPO
Budgeted Appropriations
Cate o
O eratin Budget
Ca ital
Bud et
Total 2015
A ro Nations
2016
2015
2016
2015
Personnel Services
Other Services and Charges
Supplies
Capital Outlays
7,803,874
1,911,036
1,110,466
208,628
7,465,799
1,385,087
1,277,033
375,461
1,043,138
1,877,305
7,803,874
1,911,036
1,110,466
1,251,766
Total Appropriations
$11,034,004 1
$10,503,380
$ 1,043,138
$1,877,305
$ 12,077,143
1
IF transpo
2016 OPERATING BUDGET ASSUMPTIONS
REVENUES:
Federal. State, and Local: Given past and continued success in securing adequate
capital funds through Federal Capital Grants for major capital projects that are becoming
less common. Transpo is able to continue to avail ourselves of annual federal capital
formula grant funds toward preventative maintenance and operating assistance, such
funds available to the operations budget. In 2016, the State of Indiana has fixed PMTF
rate for the next two years and has made it a line item in the State's Budget. We based
the 2016 PMTF revenue on 2015 actual approved budget. This caused our budget
figure to be increase by $100,401 from the 2015 budget. Property Tax revenue was
budgeted at $39,858 increase from the prior year.
Ridership and Leases: Farebox revenues from regular services include a slight
increase from our 2015 budgeted levels. The revenue increase is due to slight change
in the fare structure in 2015 eliminating transfers. Transpo Access has realized an
increase in ridership since 2008 and is expected to continue this trend in future years
EXPENSES:
Employee Wages and Benefits: For 2016, Transpo budgeted, a slight increase in
wages for employees. Employee benefits reflect an estimated 10.86% increase over
2015. This increase is mainly due to an estimated increase of fifteen percent in health
insurance premiums and other employee benefits outlined in the collective bargaining
agreement and contingencies for future premiums given their historical trends.
Vehicular and Operatina: Vehicular and other insurances costs decreased slightly
from the 2015 budget. Diesel fuel has been budgeted at an average of $3.09 per gallon
and gasoline at $2.50 per gallon. Starting in 2016, Transpo will have all sixteen fixed
route CNG vehicles providing service. Transpo budgeted a decrease, in its overall fuel
cost, of $219,707. This decrease in fuel expenses should continue to as more of fixed
route vehicles are converted to CNG.
Utilities: Utility costs were budgeted with an increased from the 2015 forecasted levels.
Marketina: Marketing contracts, services, and advertising placement accounts have not
been changed from 2015 budgeted figures.
Ifl
Trainin : The 2015 budgeted amounts increased from 2014 budgeted provisions.
Transpo plans to use federal grants to offset most of the cost associated with training.
The current budget provides continued opportunities for all positions.
Transfer — Capital Improvement Fund /Restricted Liability Reserve: The 2016
budget provides the opportunity to transfer up to $500,000 to the Capital Improvements
fund for future capital expenditures or deposit up to $500,000 into a restricted liability
reserve account, to be used pay off the first year installments on sixteen fixed route
vehicles.
➢ UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND
PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET,
BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED.
THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL
REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT.
5
Adlk t
V F
ranspo
2016 OPERATING BUDGET POLICY STATEMENTS
FINANCIAL CAPACITY:
The proposed budget does not reflect any fare changes. A fare analysis may
be conducted and recommendations will follow, based upon the results of the
analysis.
2. Management will continue to search for investment, grant and funding
opportunities so as to maximize revenues.
3. Management will assure cash handling practices to safeguard funds in its
protection and toward timely collection of funds owed.
SERVICE POLICY:
4. A review of current services levels will be conducted and recommendations
will follow based upon the results of the analysis.
5. Management will continue to work within the current FTA charter regulations
and existing agreements with private charter providers in order to provide
charter services.
6. ACCESS service will be provided in accordance with all applicable FTA
guidelines.
MANAGEMENT:
7. A professional workforce will carry out our Mission Statement. Management
will assure fairness, even - handedness, consistency, and effective Equal
Employment Opportunity and Affirmative Action policies and practices.
8. Assumes continuation of team development, employee recognition, and
continuation of increased opportunities for employee training.
9. Assumes continued pursuit of programs of wellness and accident prevention
in an effort to stem, to whatever extent possible, rising insurance costs.
C.
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Salaries & Wages Summary
2014 ACTUAL
$
5,036,056
2016 BUDGET REQUEST
$
5,531,476
684,971
2015 MONTHLY AVERAGE
$
424,345
2015 APPROVED BUDGET
$
5,416,098
347,242
2015 EST EXPENSE
$
5,092,138
BUDGET CHANGE
$
115,378
Account Title
Operators
Access Drivers & Clerk
Operations Administration
Revenue - Vehicle Maintenance
Maintenance Administration
Non - Revenue - Vehicle Maintenance
General Administration
Total
7
2015 2016
$3,391,192
$ 3,464,685
438,306
464,052
371,078
374,166
684,971
690,547
119,174
.119,725
70,241
71,058
341,136
347,242
$5,416,098 $ 5,531,476
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Fringe Benefits Summary
2014 ACTUAL $ 1,779,272
2016 BUDGET REQUEST
$ 2,272,399
2015 MONTHLY AVERAGE $ 170,765
2015 APPROVED BUDGET
$ 2,049,701
2015 EST EXPENSE $ 2,049,179
BUDGET CHANGE
$ 222,698
Account Title
2015
2016
FICA
$ 414,331
$ 423,158
Pension plan
211,694
211,694
Medical Insurance
1,175,516
1,377,570
Dental Insurance
42,887
50,477
Life Insurance
24,032
24,032
Short-Term Disability
22,189
22,189
Unemployment Insurance
10,925
10,925
Worker's Compensation
97,337
101,235
Uniforms
46,790
47,119
Tool Allowance
4,000
4,000
Total $2,049,701 $ 2,272,399
D
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT:
All
ACCOUNT TITLE:
Services
Summary
2014 ACTUAL
$ 984,072
2016 BUDGET REQUEST
$ 779,867
2015 MONTHLY AVERAGE $ 181,802
2015 APPROVED BUDGET
$ 780,292
2015 EST EXPENSE
$ 846,235
BUDGET CHANGE
$ (425)
Account Title
2015
2016
Management Service Fees
$ 263,868
$ 263,868
Professional & Technical
279,939
274,939
Board Travel
10,000
10,000
Temporary Help
2,500
2,500
Contract Services
Operations
12,050
12,050
Contract Services
Maintenance
115,000
115,000
Contract Services
Administration
37,460
37,460
Security Services
59,475
64;050
Physical Damage Repairs
20,000
20,000
Recoveries of Physical Damage
Repairs
(20,000)
(20,000)
Total $ 780,292
$ 779,867
9
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Materials & Supplies Summary
2014 ACTUAL $
2015 MONTHLY AVERAGE $
2015 EST EXPENSE $
1,479,781 2016 BUDGET REQUEST
121,488 2015 APPROVED BUDGET
1,457,851 BUDGET CHANGE
$ 1,110,466
$ 1,133,496
$ (23,030)
Account Title
2015
2016
Fuel & Lubricants
Operations $
825,408
$ 806,391
Fuel & Lubricants
Maintenance
17,428
13,415
Tires & Tubes
Maintenance
2,560
2,560
Materials & Supplies
Operations
25,000
25,000
Materials & Supplies
Maintenance
210,000
210,000
Materials & Supplies
Marketing
35,600
35,600
Other Materials & Supplies
Operations
4,500
4,500
Other Materials & Supplies
Maintenance
2,600
2,600
Other Materials & Supplies
General Administration
10,400
10,400
Total $1,133,496
$ 1,110,466
10
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT:
Administration & Maintenance
ACCOUNT TITLE:
Utilities
ACCOUNT NUMBER:
505- 0x50 -00 505- Ox2x -00
2014 ACTUAL
$ 209,394 2016 BUDGET REQUEST
$
278,857
2015 MONTHLY AVERAGE
$ 25,018 2015 APPROVED BUDGET
$
244,420
2015 EST EXPENSE
$ 300,221 BUDGET CHANGE
$
34,437
Account Title
2015
2016
Electricity
$ 98,014
$
98,014
Electricity -CNG
$ 35,153
$
45,941
Water & Sewage
$ 16,654
$
16,654
Trash Collection
$ 5,000
$
5,000
Telephone
$ 10,351
$
34,000
Natural Gas
$ 79,248
$
79,248
Totals $ 244,420
$
278,857
11
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Insurance Summary
2014 ACTUAL $ 190,051
2015 MONTHLY AVERAGE $ 17,354
2015 EST EXPENSE $ 208,250
Insurance - Liability & Physical Damage
Other Corporate Insurance
12
2016 BUDGET REQUEST
2015 APPROVED BUDGET
BUDGET CHANGE
Total
$ 230,477
$ 230,477
$ 224,192
6,285
$ 230,477
I KANJI U
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Miscellaneous Summary
2014 ACTUAL $ 151,083 2016 BUDGET REQUEST $ 121,835
2015 MONTHLY AVERAGE $ 9,450 2015 APPROVED BUDGET $ 121,835
2015 EST EXPENSE $ 150,567 BUDGET CHANGE $
Account Title 2015 2016
Dues & Subscriptions
$ 27,835
$ 27,835
Travel & Meetings
20,000
20,000
Community Services
15,000
15,000
Promotion
3,000
3,000
Advertising Placements
45,500
45,500
Interest Expense on Tax Warrants
10,500
10,500
Total $ 121,835
$ 121,835
13
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Transfer - Capital Improvement Fund /Reserve for Liability
ACCOUNT NUMBER: 301 - 0101 -00
2014 ACTUAL $ - 2016 BUDGET REQUEST $ 500,000
2015 MONTHLY AVERAGE 2015 APPROVED BUDGET $ 8,063
2015 EST EXPENSE BUDGET CHANGE $ 491,937
This account is used for the transfer to the Capital Improvement Fund for the
"Local Share" or to fund a reserve for future liabilities. The capital expenditures
are detailed in the monthly Capital Improvement resolutions. $ _
Loan Payment 500,000
Detail of Capital Funds required to match existing grants on following page
Total
14
$ 500,000
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Passenger Fares Summary
ACCOUNT NUMBER: 413 - 0100 -00
2014 ACTUAL: $ 1,432,235 2016 BUDGET REQUEST $ 1,504,253
2015 AVERAGE: $ 117,420 2015 APPROVED BUDGET $ 1,421,919
2015 ESTIMATED: $ 1,409,034 BUDGET CHANGE: $ 82,334
Account Title 2015
Passenger Revenue
$ 944,883
Access Passenger Revenue
43,742
Access Punch Card Revenue
67,891
Passport Revenue
174,755
Student Pass Revenue
40,110
Tripper Revenue
9,623
Two Ride Pass Revenue
Two Week Pass
72,007
One Day Pass
65,759
Student Summer Pass
3,150
$ 1,421,919
15
2016
802,698
51,187
73,321
166,075
41,130
9,623
90,048
263,721
6,450
$ 1,504,253
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Capital Fund Requirements
ACCOUNT NUMBER: 301 - 0101 -00
2014 ACTUAL
$ 6,121,744
2015 MONTHLY AVERAGE $ 173,785
2016 BUDGET REQUEST $ 1,043,138
2015 APPROVEDBUDGE7 $ 1,877,305
2015 EST EXPENSE $ 2,085,425 BUDGET CHANGE $ (834,167)
$$$ FTA/State Total
Grant Number Available Funded Required
Grant- IN -04 -0053
$
1,612,750
$
1,290,200
$
322,550
Grant- IN -34 -0002
$
202,942
$
162,354
$
40,588
Grant -IN -95 -X048
$
750,000
$
600,000
$
150,000
Grant IN -90 -X628
$
350,000
$
280,000
$
70,000
Grant -IN -90 -X650
$
300,000
$
240,000
$
60,000
2015 -2016 FTA GRANT
$
2,000,000
$
1,600,000
$
400,000
Total
$ 5,215,692
1TV
$ 4,172,554 $ 1,043,138
No.
Ordinance No. -15
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -45 OF THE SOUTH
BEND MUNICIPAL CODE BY INCLUDING NEW REGULATIONS ADDRESSING
MOBILE FOOD VENDORS, MOBILE FOOD VENDING VEHICLES, AND UPDATING
RESTAURANT REGULATIONS.
STATEMENT OF PURPOSE AND INTENT
Chapter 4, Article 4, Section 4 -45 of the South Bend Municipal Code mandates how restaurants
operating within the City of South Bend are to be licensed and regulated by the City Controller's
Office.
The purpose of this ordinance is to amend Section 4 -45 of Chapter 4, Article 4 of the South Bend
Municipal Code to modify and expand the definition of "Restaurants" to include mobile food
trucks, mobile food carts, establishments serving continental breakfast, and establishments with
soda fountains, coffee dispensaries and/or slushy machines.
The Common Council of the City of South Bend finds that the mobile food vending industry has
grown considerably in recent years. In order to foster entrepreneurial opportunity for new and
expanding restaurants, to create vibrancy in the City, particularly the downtown, and to provide
additional food options for businesses in the outlying city areas, the recognition of mobile food
vendors and implementation of a centralized process to issue permits to such vendors would be
appropriate.
The Common Council of the City of South Bend finds that it is in the best interest of the
public health and safety of the citizens of South Bend to authorize, regulate, and monitor mobile
food vendor establishments that serve cooked and prepared food and/or drinks.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. Chapter 4, Article 4, Section 4 -45 of the South Bend Municipal Code, is hereby
amended to read in its entirety as follows:
Sec. 4 -45 Restaurants, generally Itinerant Restaurants. and Mobile Vendor Vehicles.
(a) Definitions:
(1) Food means any raw, cooked or processed edible substance, beverage or ingredient used
or intended for use or for sale in whole or in part for human consumption.
(2) Health Officer means the County official having the power and jurisdiction to enforce
public health laws and regulations within the City.
(3) Restaurant means any coffee shop, cafeteria, short order cafe, luncheonette, grill,
sandwich stand, soda fountain, drive -in restaurant, walk -up restaurant, mobile food vendor,
mobile food cart, drive -in theater restaurant, in -plant food service, tavern commissary, snack
bar, tea room, fast -food restaurant, or restaurant without live entertainment or music, food
catering or food service establishment, hotel or motel where continental breakfast is served,
retail food markets, whether fixed or movable, where food for human consumption is
prepared or served in such manner that it is ready for consumption on the premises. The
term "restaurant" shall not include a food service establishment that is known as a retail food
market where food is not prepared and served for consumption on the premises with the
exception of retail food markets that contain soda fountains coffee dispensers or slushy
machines; nor shall the term "restaurant" include any coin- operated vending machine
dispensing any kind or type of food, confectionery or beverage.
(4) Itinerant restaurant means any restaurant which operates for a temporary period of time
not to exceed two (2) weeks, and includes, but is not limited to, those operated in
conjunction with a fair, carnival, circus, public exhibition, or similar gathering.
5) Mobile Food Vendor Vehicle means a licensed motorized vehicle that is enclosed self -
contained and serves food items to the general public Food items may be prepared cooked
and assembled in the vehicle or may have been prepared wrapped or packaged in a licensed
food establishment.
(6) Mobile Food Vendor Vehicle Sales means 80% of all revenues must come from food and
beverages.
(b) Health permit and license required; posting:
(1) No person shall operate a restaurant or itinerant restaurant in the City who does not
possess a valid permit from the Health Officer, and a valid restaurant or itinerant
restaurant license.
(2) The permit and license shall be posted in a conspicuous place in such restaurant or
itinerant restaurant.
(c) Applicability to restaurants operated by religious, educational or charitable institutions:
(1) No license fee shall be paid for restaurants or itinerant restaurants operated by fraternal
organizations, service clubs, or religious, educational or charitable institutions. However, all
other provisions of this section shall apply to such establishments.
Ili
(1) n ..
li e required L y ,. this et:hell be issued by the Offie of the n:._ Centr_lle
and approval by the Counly Health nCC
,
evideneed L J a valid Health D .....:t. eetiens by the Fire Depaftment rl__
and ]te•
Depai4ment as J K J 7 ,.
City Gentralle «A eenV!ianee with all L
«nl:eable provisions of this Code and upen payment of the desipated license €ee All
applieafAs desiring te sell food by weight or measufe shall file a valid sertifieeAe signed-by
the Sealer- of Weights and Measures that all seales and measures to be used in said
biisiness h a been tested and approved, et the time ..rmaking _ _l: __.i __
(d) Guidelines for Mobile Food Vendor Vehicles:
Mobile Food Vendors ( "vendors ") that hold a valid business license for operating a mobile food
vendor vehicle ( "vehicle ") under this provision must follow the guidelines below:
Vehicles parked in the downtown business entertainment district area may park
up to four hours Parking is permitted in any spot that meets the conditions specified in the
subparts which follow. Parking in spaces that are parallel to the sidewalk is acceptable if all
parking and traffic laws are adhered to;
(22,) Vehicles are permitted to be parked in areas zoned for business commercial
industrial, and mixed use only.
Q Vehicles are prohibited from parking in restricted areas or areas that are
residentially zoned neighborhoods except that parkin in n a public park is authorized if the
Parks Department has issued a permit to the vendor to operate in a public park
(4) Vehicles are prohibited from being stored in the open on a residentially zoned
property.
(5) Vehicles shall not be operated at a fixed location on any private or public property
for more than four (4) hours and vehicles can be moved from place to place upon the public
ways.
Vehicles shall maintain a minimum of five (5) feet of unobstructed sidewalk open
for pedestrian and wheelchair traffic at all times All points of sale shall occur on the
curbside of the street from a sales window,
Vendors shall ensure that patrons are not blocking sidewalks;
Vendors shall ensure that all vehicle stops are made to service customers and
stops must not exceed a total of four (4) hours or the maximum parking time permitted by
posted sign, whichever is lesser, in any one (1) block except for the downtown business
entertainment district area where a vehicle shall have up to four hours parking
notwithstanding the posted maximum subiect to subpart 14 of this provision
Vendors shall ensure that the area adjacent to the vendor's service window is
appropriate for heavy traffic flow;
Vendors shall not allow vehicle to block an access drive:
11 Vendors shall not allow vehicle to block fire hydrants;
(12) Vendors shall not allow vehicle to block the public right -of -way;
(13) Vendors shall not allow vehicle to park within twenty -five (25) feet of a street
corner;
(14) Vendors shall not allow vehicle to Dark in a disabled person parking space,a
designated 15 minute narking space, or a one hour parking space including within the
downtown business entertainment district•
(15) Vendors shall not set up BBO pits canopies outdoor seating (e.g., outdoor tables
or folding g hairs), or indoor seating in the mobile food vendor vehicle;
16 Vendors shall not operate in a City park to sell offer for sale or displav a food
item, unless the person's activity is authorized by a written agreement or with written
permission of the Parks Department;
(17) Vendors shall not for any purpose play unreasonably loud amplified music use
unreasonably bright flashing lights or use any unreasonably loud speaker, bell or other
device, that distracts or otherwise reduces or adversely affects safety of other drivers or any
person in the public right of way;
(18) Vendors shall not sell food within a distance of one thousand (1,000) feet of any
real estate which is then used as part of the school grounds of any duly accredited public or
private grade, junior high, middle or high school between the hours of 7:00 a.m. and 3.30
p.m. on days when said schools are in session;
(19) Vendors shall not allow owners, employees, or independent contractors to engage
in conduct that is intimidating, disorderly, or abusive to others. This applies not only to the
public, but towards other vendors operating under these rules and regulations;
20 Vendors shall provide at the vendor's expense all equipment necessary to
provide the items for sale in the conduct of the business. All equipment used shall be in a
self - contained unit. No storage area water, electric or other utility will be supplied by the
City;
21 At termination of operations each day, vendors shall remove all items, containers
debris, etc. Mobile food vendor shall collect and dispose of all litter and garbage incidental
to the operation of his vending business. The cleanliness of the specific area of operation
shall be the sole responsibility of the vendor. Licensed vendors shall not place refuse from
their operation in or beside any public trash container or in any drain along the streets or
sidewalks;
22 Vendors shall operate all aspects of the business (cooking sales and supplies)
within the mobile food vendor vehicle and shall not distribute food samples or dispense
other items outside of the mobile food vendor vehicle; an d
(23) Vendors shall indemnify and hold harmless the City of South Bend including any
agency, department, or commission of the City for any and all suits or actions brought
against the Citv of South Bend on account of any loss injury or damage sustained or
claimed to have been sustained by any one in connection with or arising out of any negligent
or willful misconduct of the mobile food vendor, any of its agents employees and/or
independent contractors.
0
(24) Liability insurance required for mobile food vendor vehicles: contents:
(i) If the mobile food vendor operates a vehicle, no mobile food vendor business
license may be issued, or continued in operation, unless there is on file in the office of
the Controller and in force and effect a current policy of insurance covering each
vehicle to be operated as a mobile food vehicle in an amount of not less than fifty
thousand dollars ($50,000.00) for injury to or destruction of property as a result of any
one (1) occurrence and a public liability policy covering accidental bodily injury,
including death, to any member of the public in an amount of not less than three
hundred thousand dollars ($300,000.00) for all public liability from any one (I)
occurrence. The policy of insurance shall also provide for uninsured and under insured
coverage in an amount of not less than one hundred thousand dollars ($100,000.00).
The policy of insurance shall also include medical benefits in an amount of not less than
fifty thousand dollars ($50,000.00). The policy shall be updated annually and be on file
with the office of the Controller before any issuance or renewal of a company license
ii The policy of insurance shall insure the owner and any of the owner's agents
against liability for the payment of any final judgment, less any deductible amounts or
retained limits not in excess of one thousand dollars ($1,000.00) that may be rendered
against the owner or agent for iniury or damages to the property or person of others or
for damage for the wrongful death of others, resulting from any accident or collision for
which the owner or agent will be liable on account of any act of negligence in the
operation of the vehicle, or which may arise or result from any violation of any of the
provisions of this article or the laws of the State, by the owner or any of the owner's
agents.
iii The policy of insurance on file in the office of the Controller shall contain the
following provision: "The City, through the office of the Controller, will be given
fifteen (15) days' notice prior to the effective date of the cancellation or other material
change of this polices
(e) License issuance:
(1) A license required by this section shall be issued by the office of the Citv Controller to
any person on application after inspection and approval by the County Health Officer
as evidenced by a valid Health Permit, inspections by the Fire Department and Building
Department as may be required by the City Controller, and compliance with all the
applicable provisions of this Code, and upon payment of the designated license fee. A
license is required for each location whether it be stationary or mobile All applicants
desiring to sell food by weight or measure shall file a valid certificate signed by the
Sealer of Weights and Measures that all scales and measures to be used in said business
have been tested and approved, at the time of making application.
(f) License fees:
(1) Restaurants: The City Controller shall issue a restaurant license to all persons
complying with this section upon payment of ninety dollars ($90.00) per year, for
restaurants having a seating capacity of up to one hundred fifty (150) patrons; and one
hundred ten dollars ($110.00) per year for restaurants having a seating capacity of one
hundred fifty -one (15 1) patrons and over.
(2) Itinerant restaurants: The City Controller shall issue an itinerant restaurant license to all
persons complying with this section upon payment of seventy -five dollars ($75.00) per
location per year.
(3) Mobile Food Vendor Vehicles: The City Controller shall issue a mobile food vendor
vehicle license to all persons complying with this section upon payment of five hundred
twenty -five dollars ($525.00) per vehicle per year. This license shall be conspicuously
displayed within the sales window.
(g) Minimum sanitation requirements.
All operators of restaurants and itinerant restaurants shall comply with the minimum sanitation
requirements specified by the State Board of Health, as provided in its Regulation HFD 17 or all
changes or amendments. The regulation and all changes and amendments are by reference
incorporated herein and made part hereof. Two (2) copies of the regulation, changes and
amendments are on file in the office of the City Clerk for public inspection.
Section II. If any subsection, sentence, clause, phrase or word of this ordinance is declared to be
invalid or unconstitutional by a court of proper jurisdiction, such determination shall not affect
the validity of the remaining portions of this Ordinance.
Section III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and any publication required by law.
Membe o the Common Council
Attest:
John Voorde, City Clerk
WORM
1► *
Presented 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
Approved and signed by me on the
at o 'clock . m.
1* READING L
PUBLIC HEARING
3 rd READING
NOT APPROVED
WERRED
PASSED
day of
Filed I t 7016e ,r
GI rY CLgMih, SGU-, F, 6FND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
August 19, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Councilman Tim Scott
Personnel & Finance Committee
South Bend Common Council
4" Floor, County City Building
South Bend, IN 46601
Dear Councilman Tim Scott,
PHONE: 574/235 -9371
FAx:574/235 -9021
The Department of Community Investment seeks to amend the restaurant ordinance to include
mobile food trucks as an allowable business type within the City of South Bend. Attached is an
amended ordinance revising various subsections of Chapter 4, Article 4, Section 4 -45 of the
South Bend Municipal Code inclusive of new regulations addressing mobile food trucks, and
updating restaurant regulations.
The Department of Community Investment has worked closely with the St. Joseph County Health
Department, which enforces the State health guidelines, to ensure all concerns regarding food
safety is handled properly. The BPW, Building, Fire, Legal, and DTSB have reviewed the
ordinance and are all satisfied with the changes being recommended.
Nationally, the mobile food truck industry has increased a great deal in recent years and has led to
the creation of many new businesses and jobs. Amending the local ordinance to allow mobile
food trucks will foster entrepreneurial opportunity for new and expanding restaurants, create
vibrancy in downtown, and provide additional food options for businesses in the outlying areas of
the city.
With your approval, the Department of Community Investment staff will present the amendment
to the restaurant ordinance (Chapter 4, Article 4, Section 4 -45) to Personnel and Finance
Committee and the Common Council on August 24, 2015.
Th� L ' ��f�C@
Ie I
Director of Bu ' ess velopment y:
Department of Co m ity Investment 13EN� O, IN
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCKZEEB
1/31%
:0:0 V 0
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
REA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY - CITY BUI LDING, SOUTH BEN D, INDIANA 46601 (574) 235 -9571
Wednesday, August 19, 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 Trent Runyon & Leah Hudson - Runyon to zone from
MF1 Urban Corridor Multifamily District to SF2 Single Family & Two Family District, and seeking a Special
Exception Use to allow for an accessory dwelling unit, property located at 803 West Washington Street, City of
South Bend - APC# 2743 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Trent Runyon & Leah Hudson- Runyon was legally
advertised on Thursday, June 04, 2015 and that the Area Plan Commission at its public hearing on Tuesday, August
18, 2015 took the following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the combined
public hearing on a proposed ordinance of Trent Runyon & Leah Hudson - Runyon to zone from MF I
Urban Corridor Multifamily District to SF2 Single Family & Two Family District, and seeking a Special
Exception Use to allow for an accessory dwelling unit, property located at 803 West Washington Street,
City of South Bend, is WITHDRAWN from any further consideration, per the request of the petitioner.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in
the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
Angela Z. Smith
Attachment
CC: Trent Runyon & Leah Hudson - Runyon
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAREVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STf OSEPH CO V NT TI N D I A NA. CO NIAREAP LAN
Area Plan Commission,
We have run into several major setbacks concerning the Kizer house rehabilitation project.
Unfortunately forward progress has been postponed. Therefore we request that the rezoning
consideration be canceled altogether.
Regards,
Trent Runyon
RECEIVED
JUL 31 2015
AREA PLAN COMMISSION
Page 1 of 1
file:// /C:/Users /asmith/AppData/Local/ Temp/ XPgrpwise /55BB82FAInternalPLEXISPO100... 8/3/2015
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION
FOR PROPERTY LOCATED AT 803 W WASHINGTON ST., COUNCILMANIC DISTRICT NO. 1 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
THE KIZER MANSION IS CURENTLY ZONED MFl AND WE WOULD LIKE TO CHANGE IT TO
SFl. THE HOUSE WILL BE RENOVATED BACK TO A SINGLE FAMILY DWELLING
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:
PARCEL I: A PART OF BANK OUT LOT NUMBERED 31 AND 32 OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, WHICH
PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS, VIZ: BEGINNING ON THE NORTH LINE OF
WASHINGTON STREET (NOW WASHINGTON AVENUE) IN SAID CITY, AT A POINT 24 3/4 FEET EAST
OF THE SOUTHEAST CORNER OF SAID BANK OUT LOT NUMBERED 31; THENCE RUNNING WEST
ON THE NORTH LINE OF SAID WASHINGTON AVENUE A DISTANCE OF 70 FEET; THENCE NORTH
198 FEET; THENCE EAST 70 FEET; THENCE SOUTH 198 FEET TO THE PLACE OF BEGINNING.
PARCEL II: A PART OF LOT 4 IN MARY WITHERILL.S SUBDIVISION OF BANK OUT LOT 32
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 4; THENCE EAST
28.50 FEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE SOUTHWESTERLY 43.60 FEET ALONG
A LINE WITH A DEFLECTION ANGLE OF 96 037.40" RIGHT FROM THE LAST DESCRIBED COURSE
EXTENDED THENCE SOUTHWESTERLY 156.30 FEET ALONG AN ARC TO THE RIGHT HAVING A
RADIUS OF 909.93 FEET AND SUBTENDED BY A LONG CHORD HAVING A LENGTH OF 156.03 FEET
WITH A DEFLECTION ANGLE OF 1006.24" RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED
TO A POINT ON THE SOUTH LINE OF LOT 4; THENCE WEST 0.37 FEET ALONG THE SOUTH LINE OF
LOT 4 TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 198.00 FEET ALONG THE
WEST LINE OF LOT 4 TO THE POINT OF BEGINNING.
be and the same is hereby established as SFl Single Family Two Family District
SECTION II. That a Special Exception for accessory dwelling unit in a SFl Single Family Two Family District
zoning district is hereby granted subject to a site development plan hereby attached and made a part of this
Ordinance and which site plan contains and lists all conditions, if any, of approval.
SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council,
approval by the Mayor, and legal publication.
Attest:
Member of the Common Council
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
20� at o'clock m.
Approved and signed by me on the day of
.m.
1 st READMG
S1t --c�
PUBLIC HEARING
3rd READING
NOT APPROVID
REFERRED
PASSED
City Clerk
day of ,
201 at o'clock
Mayor of the City of South Bend, Indiana
Filed in !; >PF ;.`s !office
Im 1"Y -1 u-]
L
CITY CLffiv:; suJ'iit BENp, 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: 803 W Washington St.
2) The property Tax Key Number(s) is /are: 018 - 1025 - 106201 / 71- 08 -11- 205- 021.000 -026
3) Name and address of property owner(s) of the petition site:
Trent Runyon & Leah Hudson - Runyon
803 W Washington St.
South Bend, IN 46601
574- 849 -9666
trunyon @gmail.com
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name
Address
City, State Zip Code
Phone number with Area Code
E -Mail Address
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: MF1 Urban Corridor Multifamily District Additional zoning district, if applicable
To: SF Single Family Two Family District
6) This rezoning is requested to allow the following use(s): SINGLE FAMILYDWELLING WITHSPECIAL
EXCEPTIONFOR ACCESSORY DWELLING UNIT OF THE CARRIAGE HOUSE
7) If applicable, a detailed description and the purpose of the variance(s) being requested: Insert text
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: Insert text
(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: Insert text
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: Insert text
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: Accessory
dwelling unit
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: Used for owner dwelling while renovating the main house
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Used for owner dwelling while renovating the main house
(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: Used for owner dwelling while renovating the main house
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. Used for owner dwelling while renovating the main house
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:
Trent Runyon
803 W Washington St.
South Bend, IN 46601
574- 849 -9666
trunyon @gmail.com
Signature(s) of all pEoRerty owner(s), or signature of Attorney for all property owner(s):
=fled In G4Pr `s Office
1 *i}1
1N . S
L J
JGf.:r.
CITY CLER:1, SOUTH SEND, IN
C LAWRENCE MAGLIOZZ
EXECUTIVE CUTIVE DIRECTOR R
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
217 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 335 -9571
�U b �kAIA� 6 ij1 A, 3 -1-r
Wednesday, August 19, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A public hearing on a proposed ordinance of County Development, LLC to zone from R: Single
Family District, B: Business District and C: Commercial District, (County) to CB Community Business
District (City), property located at 23530 State Road 2; 56575, 56589, 56605 Mayflower Road; 23562, 23580
Huron Street; 56546, 56576, 56586 and 56660 Hollywood Boulevard, City of South Bend - APC# 2747 -15.
Dear Council Members:
1 hereby Certify that the above referenced ordinance of County Development, LLC was legally advertised on
Thursday, August 06, 2015 and that the Area Plan Commission at its public hearing on Tuesday, August 18, 2015
took the following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and carried, the proposed ordinance of
County Development, LLC to zone from R: Single Family District, B: Business District and C:
Commercial District, (County) to CB Community Business District (City), property located at 23530
State Road 2; 56575, 56589, 56605 Mayflower Road; 23562, 23580 Huron Street; 56546, 56576, 56586
and 56660 Hollywood Boulevard, City of South Bend is sent to the Common Council with a FAVORABLE
recommendation, subject to Written Commitments for no off - premise signage on site. This location is an
appropriate expansion of a commercial area. The Western Avenue Corridor is already equipped to handle the
traffic which this site will draw. Surrounding residential properties should be minimally impacted by this use
due to the extensive screening that wil I exist and the orientation of the traffic to Mayflower Road.
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,
C•�i�ti� �l rs'i7zi��i
Angela M. Smith
Attachment
CC: Count] Development LLC
SEg VIN(a'ST. JOSE }i COl3NTY SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA $ ROSELAND
ano Harper ecnelaf c
W W W.STJOSEPHC OVNTY I ND I ANq.0 ONIAREAPLAN
Staff Report
APC #
Owner:
Location:
8/7/2015
2747 -15
County Development, LLC
23530 State Road 2; 56575, 56589, 56605 Mayflower Road; 23562,
23580 Huron Street; 56546, 56576, 56586 and 56660 Hollywood
Boulevard
Jurisdiction: City of South Bend
Public Hearing Date: 8/18/2015
Requested Action:
The petitioner is requesting a zone change from C: Commercial District, B: Business
District and R: Single Family District in unincorporated St. Joseph County to CB
Community Business District in the City of South Bend, and seeking ten variances from
the development standards.
Land Uses and Zoning:
On site: On site is an existing restaurant zoned C: Commercial District, and vacant
single family homes zoned R: Single Family District and B: Business
District.
North: To the north is an integrated commercial center zoned C: Commercial
District in the County. Across Western Avenue is a church zoned B:
Business District in the County.
East: To the east across Mayflower Road is a gas station and a lawnmower sales
shop zoned GB General Business District and single family homes with
screening fences zoned SF 1 Single Family & Two Family District, all in
the City of South Bend.
South: To the south are single family homes and a tavern zoned R: Single Family
District in the County.
West: To the west across Hollywood Boulevard are single family homes zoned R:
Single Family District and B: Business District in the County.
District Uses and Development Standards:
The CB - Community Business District is established to provide a location for high
volume and high intensity commercial uses. Activities in this district are often large space
users which may include limited amounts of outdoor sales or outdoor operations.
Developments within the CB District shall be coordinated to facilitate vehicular and
pedestrian access from nearby residential districts.
Site Plan Description:
The 8.4 acre site will contain an existing restaurant on the northeast corner and a proposed
40,000 square foot grocery store, which will front on Mayflower Road. The petitioner has
filed a petition to vacate Huron Street. The proposed site plan includes 296 parking
spaces for the grocery store and 61 spaces for the restaurant. A variances has been
APC # 2747 -15 Page 1 of
8/7/2015
requested to allow the employee parking to encroach into the 20' residential bufferyards
along the south and east property lines. A combination of Type B partial screening and a
6' ornamental fence with arborvitae evergreen trees are proposed along the majority of the
bufferyard with lower shrubs along the access drive into the site. The petitioner is
providing increased buffering along Hollywood Boulevard, including landscaping and a
solid ornamental fence. Parking screening.is proposed along Western Avenue. Along
Mayflower an ornamental fence is proposed.
Zoning and Land Use History And Trends:
In 1966, the southwest corner of Western and Mayflower was rezoned to C: Commercial
District, subject to a final site development plan for a restaurant. The southwest corner of
Western and Hollywood was rezoned to C: Commercial District in 2009.
Traffic and Transportation Considerations:
Western Avenue is a four lane divided highway with turn lanes at the intersection with
Mayflower. Mayflower Road has two lanes with a left turn lane at the intersection with
Western. Huron Street and Hollywood Boulevard have two lanes.
Utilities:
This site will be served by municipal sewer and water.
Agency Comments:
The County Surveyor, the Department of Community Investment, and County Engineering
offer a favorable recommendation. City Engineering has not yet provided comments.
Commitments:
The petitioner is not proposing any written commitments. Staff is requesting a written
commitment for no off - premise signage on site.
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 ED 4.6: Encourage business investment that actively seeks to employ and
promote a diverse workforce; and Policy LU 2.2: Pursue a mix of land uses along major
corridors and other locations identified on the Future Land Use Map.
Land Use Plan:
The future land use map identifies this area as mixed use and low density residential.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Western Avenue into the City of South Bend has developed as a commercial corridor,
which includes several other large retail buildings, gas stations, restaurants, shopping
APC # 2747 -15 Page 2 of 4
Staff Report
8/7/2015
plazas, and car lots. The area between Mayflower Road and Hollywood Boulevard,
bordered by Western Avenue and Sample Street have remained predominantly residential,
with the exception of the properties along Western Avenue and Sample Street, which have
developed as commercial. A tavern also exists on the southwest comer of Mayflower
Road and Huron Street.
3. Most Desirable Use:
The most desirable use for this site is one that expands and promotes the commerce along
Western Avenue, while limiting any negative impact to the residential properties to the
south and west.
4. Conservation of Property Values:
Due to the extensive existing and proposed screening in the form of landscaping and
fencing, surrounding property values should not be adversely affected.
5. Responsible Development And Growth:
It is responsible growth and development to allow the expansion of the Western Avenue
Commercial Corridor in this natural progression.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and ten variances
from the development standards. The Commission will forward the rezoning to the
Common Council with or without a recommendation and either approve or deny the
variances.
The variances are as follows:
1) From the required MinimunResidential Bufferyard of 20' to 12' for parking on the
south and east property lines as shown;
2) Fronthe requirement that outdoor seating shall not be located between a building line
and a residentiabufferyard to allow for outdoor seating between the south building line
and the south residentiabufferyard;
3) From the maximum height of 36" in height for a fence located in a minimum front yard
:) 6' in height for a fence along Hollywood Boulevard;
4) From the required screening of trasicontainers to none;
5) From the requirement that trash containers not be located between the fronfagade of
the primary building and the front lot line to allowing trash containers between the west
agade of the primary building and the front (west) lot line;
6) From the required "bail out" lane for &ive through facilities to none;
7) From the required landscaping of required perimeter yards andesidential bufferyards
to landscaping as shown on the site plan;
8) From the required foundatiodandscaping to landscaping as shown on the site plan;
9) From the required off - street parking areacreening to none on the east, west, or south
parking areas; and
10) From the required no off - streetoading between the front lot line and the front fagade
to allowing loading spaces between front (westjot line and the west building fagade.
APC # 2747 -15 Page 3 of
,1
8/7/2015
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. This is an appropriate extension of commercially zoned
property consistent with the character of the area.
(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 substantial amount of screening that
will be provided will protect surrounding residential property values.
(3) The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. The property fronts on two streets, creating a
practical difficulty for locating some of the essential items for the commercial
development. The strict application will prevent the site from being developed into a
functional grocery store.
Recommendation:
Based on information available prior to the public hearing, staff recommends the rezoning
petition be sent to the Common Council with a favorable recommendation. Staff
recommends approval of all ten variances.
Analysis:
This location is an appropriate expansion of a commercial area. The Western Avenue
Corridor is already equipped to handle the traffic which this site will draw. Surrounding
residential properties should be minimally impacted by this use due to the extensive
screening that will exist and the orientation of the traffic to Mayflower Road.
APC # 2747 -15 Page 4 of 4
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Rezoning from:
"C" COMMERCIAL DISTRICT, "B" BUSINESS DISTRICT,
& "R" SINGLE FAMILY DISTRICT ST JOSEPH COUNTY to
"CB" COMMUNITY BUSINESS DISTRICT CITY OF SOUTH BEND
MASTER ZONING KEY N
COUNTY'R''SINfq LE FAMILY [DISTRICT W �' E
COUNTYB' BUSINESS DISTRICT
4W COUNTY -C- COMM ERCIAL C[STRICT S
SOUTHBENC'SF5 "SINGLE FAVI LYANC TWO FAMILYDISTRICT 1 inch = 300 feet
SOUTH BENC CE'COMMUNITY BUSINESS DISTRICT ��� 2745 -15
SOUTH BENC -'CB GENERAL BUSINESS DISTRICT
LAWRENCE P. MAGLIOZZI
C I'.S I. C U -I'I VE I) I R EC 'I OR
Angela M. Smith
D,.PU.Y DLL./.,,
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 11'. JEFFERSON BLVD., ROOM 1140 COUN'T'Y - CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 1355571
August 19, 2015
South Bend Common Council
4`h Floor, County -City Building
South Bend, IN 46601
RE: Bill # 34 -15
Rezoning: Southwest comer of Mayflower Road and Western Avenue (County
Development, LLC)
Dear Council Members:
The following changes have been made to the Ordinance for the above referenced petition:
Ordinance:
1.) Section IV has been added, making the rezoning subject to written commitments.
A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to
contact me at (574) 235 -9571.
Sincerely,
Matthew P. Chappuies, Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA 8 ROSELAND
W W W.STIOSEPHC OVNTYIND IAN A .CON /AR EAPLAN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT # 6, FOR 23530 S.R. # 2, 56575, 56589, 56605 MAYFLOWER ROAD, 23562,
23580 HURON STREET AND 56546, 56576, 56586, 56660 HOLLYWOOD BOULEVARD,
SOUTH BEND; INDIANA
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation and zoning of 8.93 acres more or less located in Portage
Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the
territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this
territory to the City of South Bend, Indiana, and to establish a zoning district of this territory.
THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AS FOLLOWS:
SECTION I. That the following described real estate situated in St. Joseph County, Indiana,
being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the
present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
A part of the Southwest Quarters of Section 8, Township 37 North, Range 2 East, Portage
Township, St. Joseph County, Indiana, which is described as: beginning at a point 1 foot South
of the intersection of the South right -of -way line of Western Avenue extended East with the
Centerline of said Mayflower Road and the existing Corporation line for the City of South Bend;
thence South along said Centerline and Corporation line a distance of 598.90 feet more or less;
thence West along a line which is parallel to and 10 feet North of the Centerline of Vacated
Huron Street and its Easterly extension a distance of 240 feet more or less to a point which is 40
feet North of the Northeast comer of a parcel of ground identified with Tax Key Number 17-
1034- 095401 in the Records of the Auditor's Office of St. Joseph County, Indiana; thence South
along the East line of said Parcel and its Northerly extension a distance of 190 feet more or less
to the South line of Lot # 68 in the Plat of "Grouse's Addition" as recorded in the Records of the
St. Joseph County, Indiana Recorder's Office; thence West along the South line of said Lot # 68
and Lot # 54 in said Plat a distance of 389 feet more or less to a point 1 foot East of the East
right -of -way line of Hollywood Boulevard; thence North parallel to and 1 foot East of said East
line a distance of 610 feet more or less; thence East a distance of 139 feet more or less to the
Northeast corner of a Parcel of ground identified with Tax Key Number 17- 1034 -0928 in the
2
records of said Auditor's Office; thence South along the East line of said Parcel a distance of 100
feet more or less to the North line of Lot # 56 in said Plat; thence East along said North line a
distance of 160 feet more or less to the Southwest corner of Lot # 61 in said Plat; thence North
along the West line of said Lot # 61 a distance of 269 feet more or less to a point 1 foot South of
the South right -of -way line of Western Avenue; thence East parallel to and 1 foot South of said
South line a distance of 330 feet more or less to the point of beginning.
Containing 8.93 acres more or less.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby
declared to be extended so as to include the real estate of the above described parcel as a part of
the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495 -04, as amended which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in
order that the zoning classification of the above described real estate, with the exception of all
adjacent right -of -ways, in the City of South Bend, St. Joseph County, Indiana be and the same is
hereby established as CB Community Business District, provided, however, that the required,
established, and stated procedures for review of such zoning classification by the Area Plan
Commission have been fully satisfied.
SECTION IV. This ordinance is and shall be subject to the written commitments as recorded in
the St. Joseph County Recorder's Office.
SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
MEMBER OF THE COMMON COUNCIL
Attest:
City Clerk
3
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
, 21 at o'clock . M.
Approved and signed by me on the
o'clock m.
1.j-. READING
PUBLIC HEARING
3 rd READING
NOT APPROVED 1_t3 -Ir
REFERRED J�r.Pt"
PASSED
City Clerk
day of
Mayor, City of South
2 , at
Filed in Clp� ,s Office
AUG 19 2015
JOHN VOOROR
CITY CLERK, SOUTH 4END, IN
ORDINANCE NO.
PETITION FOR A COMBINED HEARING
City of South Bendd, Indiana
I (we) the undersigned make application to the City of South Bend Common Council for the
voluntary annexation of land into the City of South Bend, Indiana, and for the zoning of that land as
herein requested.
1) The subject property is located at:
23530 S.R. # 2, 56575, 56589, 56605 Mayflower Road, 23562, 23580 Huron Street and 56546, 56576,
56586, 56660 Hollywood Boulevard, South Bend, Indiana 46619.
2) The property Tax Key Number(s) is /are:
17- 1034 -0933 17- 1034 -0950 17 -1034 -0951 17 -1034 -0952 17- 1034 -0953 17- 1034 -0928
17- 1034 -0934 17- 1034 -0935 17- 1034 -0936 17- 1034 - 093601 17- 1034 - 095401
3) Name and address of property owner(s) of the petition site:
County Development, LLC, Attn: Edward W. Hardig - Manager
131 South Taylor Street
South Bend, Indiana 46601
(574) 807 -0170
E-Mail Address: N/A
4) Name and address of contingent purchaser(s), if applicable:
N/A
E -Mail Address N/A
5) It is desired and requested that this property be rezoned:
From (County): R Single Family District and C Commercial District
To (City): CB Community Business District
6) This annexation and rezoning is requested to allow the following use(s): Grocery Store and Restaurant
along with other permitted uses under the CB Community Business zoning classification.
7) Number of persons residing on property to be annexed: N/A
8) If applicable, a detailed description and the purpose of the variance(s) being requested:
The Petitioners have owned the real estate shown on the attached site plan for the past year or so. The
Petitioners desire to take the shown real estate and construct a new Grocery Store facility on the main
portion of the site. There is an existing restaurant building located at the northeast comer of the site which
will remain for the present time and continue in operation. The other existing residential structures will be
removed. A portion of the property is also bisected by Huron Street which is a public right -of -way. As
shown, the proposed Grocery Store will be located on the main portion of the site towards the west side of
the property. The building will be oriented towards Mayflower Road with a parking lot in front of the
building and employee parking on the south side of the site. The main access into the site will be from
Mayflower Road at the southeast comer of the site. There are two existing driveway openings that will
continue to be used. One is on Western Avenue and the other will be a driveway onto Mayflower at the
northeast corner of the site. There is one opening planned onto Hollywood Boulevard at the southwest
comer of the site. This will be limited for use by cars only and no trucks. All deliveries to the site will be
from Mayflower Road or Western Avenue. The Petitioners have attempted to work with the property owner
at the southeast corner of the project site. The property is being used for a Tavem, is zoned residential and
appears to be a legal- non - conforming use. With the requested Vacation of Huron Street, the Petitioners
have designed their site to allow for continued access to the Tavern from the north by providing a driveway
between the two properties. This design will allow for the adjacent owner to continue to access parking
spaces on the north side of the Tavern building that are mostly located in the public right -of -way and for
any truck deliveries to the property. The design layout will also allow for patrons of the adjacent property
to have access onto Mayflower Road or out to Hollywood Boulevard. The adjacent property will still have
an existing driveway opening at the southeast comer of the property which gives a second access as well to
Mayflower Road.
At the present time the petition property is located wholly within the unincorporated area of St.
Joseph County and has a mix of County zoning classifications of Single - family Residential and
Commercial. The Petitioners have been working with the staff's of the Area Plan Commission, the Project
Advisory Team (PAT), the Department of Community Investment and the Building Department. Based on
those meetings, the Petitioners decided to bring the project site into the City of South Bend. In order to
accomplish that task, several procedures are required. The first was to submit to the County Council a
Petition to Vacate Huron Street from Mayflower Road on the east to Hollywood Boulevard on the west.
This would allow for the present bisection of the site with a public right -of -way to be eliminated and allows
for the site to be laid out efficiently for internal circulation as shown on the site plan. The project site would
also be required to be annexed be to brought into the City limits. As part of annexation the project is also
being requested to be rezoned to the CB Community Business District which will allow for the proposed
Grocery Store use and the existing Restaurant facility. The last part of the process is to request several
Variances that will allow for flexibility on the development of the property as shown but still meet the
intent of the City's zoning codes. The Petitioners worked with all the parties mentioned above to create a
development that is functional and will be an asset for the surrounding neighborhoods.
With regards to the required Variances needed for the project, the Petitioners are requesting the
following:
A). From the required Minimum Residential Bufferyard of twenty (20) feet to twelve (12) feet for parking
on the southeast and south property lines as shown;
B). From the requirement that Outdoor seating shall not be located between a building line and a residential
bufferyard to allow for outdoor seating between the south building line and the south residential
bufferyard;
Q. From the maximum height of thirty-six (36) inches in height for a fence located in a minimum front
yard to six (6) feet in height for a fence along Hollywood Boulevard;
D). From the required screening of trash containers to none;
E). From the requirement that trash containers not be located between the front facade of the primary
building and the front lot line to allowing trash containers between the west facade of the primary
building and the front (west) lot line;
F). From the required "bail out" lane for drive through facilities to none;
G). From the required landscaping of required perimeter yards and residential bufferyards to landscaping as
shown on the site plan;
H). From the required Foundation Landscaping to landscaping as shown on the site plan;
I). From the required Off -Street Parking Area Screening to none on the east, west, or south parking areas;
J). From the required no off -street loading between the front lot line and the front facade to allowing
loading spaces between front (west) lot line and the west building facade;
The Petitioners request for the Variances, are based on the following statements:
A). From the required Minimum Residential Bufferyard of twenty (20) feet to twelve (12) feet for parking
on the southeast and south property lines as shown. The proposed plan will have parking for employees at
the southeast corner of the site. The Petitioners plan to plant dense evergreen trees along those portions of
the property line to buffer the parking from the adjacent properties. The Petitioners also plan to install
fencing along those property lines to limit access to the site. Approval of this variance should not have an
adverse impact on surrounding properties.
B). From the requirement that Outdoor seating shall not be located between a building line and a residential
bufferyard to allow for outdoor seating between the south building line and the south residential
bufferyard. The site as designed would have an outdoor seating area at the southeast comer of the building
where the Deli will be located. This would place the outdoor seating between the south building line and
the south property line. The seating will be approximately 190 feet from the south property line and will be
screened from the properties to the south by evergreen trees -and shrubs as well as existing vegetation. The
Petitioners do not believe approval of this variance should not have a negative impact on adjacent
properties.
Q. From the maximum height of thirty-six (36) inches in height for a fence located in a minimum front
yard to six (6) feet in height for a fence along Hollywood Boulevard. The Petitioners plan to add
ornamental fencing along the perimeter of the site along Hollywood Boulevard which will limit access to
the proposed driveway opening. The Petitioners will also be using evergreen screening and existing
vegetation to visually buffer the proposed building from the existing homes on the west side of Hollywood
Boulevard. Approval of this variance should not have an adverse impact on surrounding properties.
D). From the required screening of trash containers to none. The Petitioners are planning to have trash
compactor units to reduce the volume of trash removed from the site. These units are incorporated into the
design of the building layout. These units and any smaller trash containers would be placed against the west
wall of the building. The Petitioners plan to screen the entire view of the building from the west by
evergreen trees and fencing which will create a dense visual buffer from Hollywood Boulevard. Approval
of this variance should not have a negative impact on adjacent properties.
E). From the requirement that trash containers not be located between the front fagade of the primary
building and the front lot line to allowing trash containers between the west fagade of the primary
building and the front (west) lot line. With the layout of the building oriented towards Mayflower Road and
the main parking area of the facility located on the east side of the site, the placement of the loading area
and trash containers /compactors will be on the west side of the building. This site has frontage on three
roads. This makes placement of the trash containers difficult not to be located between the front fagade of
the building (west wall) and the street. As stated, the Petitioners plan to have a dense buffer of evergreen
trees and fencing along this portion of the property which will screen the trash containers from the
Hollywood Boulevard. Approval of this variance should not have an adverse impact on surrounding
properties.
F). From the required "bail out" lane for drive through facilities to none. The drive -up window proposed on
the south side of the building is strictly for coffee pick up for patrons. As this is a single menu item, the
need for a bail -out lane is not required. The Petitioners do not believe approval of this variance should have
a negative impact on any surrounding property.
G). From the required landscaping of required perimeter yards and residential bufferyards to landscaping
as shown on the site plan. The Petitioners worked with the Area Plan Commission staff to determine the
amount of flexibility that could be done in the placement of perimeter landscaping on the project site to still
meet the intent of the zoning ordinance. The site will have landscaping as shown which will have trees and
shrubs in several locations that will help soften the project edge where it abuts streets and residential
properties. Approval of this variance should not have an adverse impact on surrounding properties.
H). From the required Foundation Landscaping to landscaping as shown on the site plan. The Grocery
Store facility will have a few places where some landscaping can be placed, but for the most part this use
does not work well with typical foundation landscaping that is used more with office development and
other limited commercial uses. The Petitioners do not believe approval of this variance should have a
negative impact on any surrounding property.
I). From the required Off -Street Parking Area Screening to none on the east, west, or south parking areas.
The Petitioners have worked with the staff to place landscaping where needed to visually break up the view
for parking areas on the site. In some places the parking is set back far enough, where any impact from the
street is minimal and with the placement of street trees at selected locations, increases the streetscape
appearance of the site. Approval of this variance should not have an adverse impact on surrounding
properties.
J). From the required no off - street loading between the front lot line and the front fagade to allowing
loading spaces between front (west) lot line and the west building facade. This request is similar to the
request for the trash containers /compactor. The Petitioners have placed the loading areas as required for the
layout of the building. This places the loading areas along Hollywood Boulevard street frontage. As
described above, the Petitioners are adding a dense screen of evergreens and fencing along the Hollywood
street frontage which will visually buffer the loading areas from the street. The Petitioners do not believe
approval of this variance should have a negative impact on any surrounding property.
9) A statement on how each of the following standards for the granting of Variances is met:
The Petitioners would state that approval of the requested variances will allow for the site to be developed
in a way that works with the surrounding residential and commercial uses, and for the efficient function of
vehicles into and out of the site. The streetscape areas will be enhanced with ornamental fencing and a
variety of landscape plantings. There will also be dense buffering along certain portions of the site to
mitigate any perceived impact of the proposed use to surrounding properties.
The Petitioners would state that the approval of the above requested Variances will not be injurious to
the public health, safety, morals and general welfare of the community. The Petitioners would also state
that the use and value of the area adjacent to the property included in the Variances will not be affected in a
substantially adverse manner. The proposed improvements should help to stabilize values for neighborhood
properties adjacent to the site.
The Petitioners would state that the strict application of the terms of this Ordinance would result in
practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any
proposed improvements very restricted and create a situation where owners could see a negative impact to
their property.
10) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also
be submitted.
The Petitioners have supplied a site plan to help show the proposed improvements and reflect the
requested Variances.
11) Application for subdivisions should be obtained from the office of the Area Plan Commission.
The Petitioners do plan to Replat the shown property into a single larger lot.
12) This Petition is signed by at least (CHECK ONE):
_x_ a. One - hundred percent (100 %) of the owners of the land in the territory sought to be annexed; OR
b. Fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed; OR
_ c. The owners of seventy -five percent (75 %) of the total assessed value of the land to be annexed.
13) Attached, and made a part of this PETITION, is:
(a) 17 copies of the site plan;
(b) 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;
(c) Addressed, stamped envelopes for all property owners within 300 feet of the petition property.
14) CONTACT PERSON:
Name: Danch, Horner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
Phone Number with Area Code: 574- 234 -4003 E- mailAddress: mdanch @danchharner.com
Signature(s) of All Property owner(s), or
signature of Attorney for all property owner(s):
At. 1LA-
Name: Edward Hardig, Manager for Cynty Development LLC
131 South Taylor Street
South Bend, Indiana 46601
(574) 807 -0170
E -Mail Address: N/A
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Dire <<or
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
5CtL A �JI �j 3
Wednesday, August 19, 2015
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A public hearing on a proposed ordinance of Flowers by Stephen & Assoc LLC to zone from CB
Community Business District to MU Mixed Use District, property located at 4325 S. Michigan Street, City of
South Bend - APC# 2748 -15.
Dear Council Members:
1 hereby Certify that the above referenced ordinance of Flowers by Stephen & Assoc. LLC was legally advertised
on Thursday, August 06, 2015 and that the Area Plan Commission at its public hearing on Tuesday, August 18,
2015 took the following action:
Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the
proposed ordinance of Flowers by Stephen & Assoc. LLC to zone from CB Community Business District
to MU Mixed Use District, property located at 4325 S. Michigan Street, City of South Bend, is sent to
the Common Council with a FAVORABLE recommendation. Allowing this site to be zoned to the
mixed -use district will allow the building to be used to its full potential without adversely affecting the
surrounding properties. Encouraging vertical mixed -use increases density and creates a more sustainable
environment.
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,
Angel M. Smith
Attachment
CC: Flowers by Stephen & Assoc. LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
`HW W. STIOSEPNCOUNTTIN O.h NA.COM /AREAPLAN
Staff Rgport 8/7/2015
APC # 2748 -15
Owner: Flowers by Stephen & Assoc LLC
Location: 4325 S. Michigan Street
Jurisdiction: City of South Bend
Public Hearing Date: 8/18/2015
Requested Action:
The petitioner is requesting a zone change from CB Community Business District to MU
Mixed Use District for a flower shop with an upper level dwelling unit, and seeking four
variances from the development standards.
Land Uses and Zoning:
On site: On site is an existing flower shop, zoned CB Community Business District
North: To the north is a music store, a retail store, and an accessory structure,
zoned CB Community Business District.
East: To the east across Michigan Street is a drive - through restaurant and an auto
parts store, zoned CB Community Business District.
South: To the south is the future site of Belle Tire, zoned CB Community Business
District.
West: To the west across Main Street is a vacant lot zoned SF2 Single Family &
Two Family District.
District Uses and Development Standards:
The MU Mixed Use District is established to promote the development a dense urban
village environment. The regulations are intended to encourage all the elements of a
traditional urban village, including: storefront retail; professional offices; and, dwelling
units located either in townhouse developments or in the upper stories of mixed -use
buildings. The development standards in this district are designed to: encourage a
pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian
scale, massing and relationship between buildings and structures within the district.
Site Plan Description:
The site is made up of two lots joined by a parking lot, totaling 0.34 acres. The site has
frontage on both Michigan Street and Main Street. Parking is provided for 10 vehicles
between the rear of the business and Main Street, and two parking spaces are provided
along Michigan Street. The existing building is part of an integrated center, with two
other storefronts on the adjacent lot to the north. The building is approximately 21' in
height, and houses retail space on the first floor, with a residential dwelling unit above.
Zoning and Land Use History And Trends:
Michigan Street is a commercial corridor into the City of.South Bend with very limited
need for zone map amendments since the 1980's.
APC # 2748 -15 Page 1 of 3
Staff Report 8/7/2015
Traffic and Transportation Considerations:
Main Street has two lanes and Michigan Street has four lanes.
Utilities:
This site is served by municipal sewer and water.
Agency Comments:
The County Surveyor and the Department of Community Investment offer a favorable
recommendation. The City Engineer notes that drainage issues may need to be resolved
prior to issuance of a building permit, and that semi- trucks making deliveries may have
difficulty maneuvering through the site.
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 1.3: Encourage the development of mixed -use buildings.
Land Use Plan:
The Future Land Use Map identifies this area for commercial development.
Plan Implementation /Other Plans:
The South Bend South Side Development Area Plan (2002) addresses the need to create a
pedestrian - friendly commercial environment in this area.
2. Current Conditions and Character:
Main Street and Michigan Street form an arterial commercial corridor and provide access
to the city from US 31.
3. Most Desirable Use:
The most desirable use is one that is compatible with the commercial and mixed use
character of the area.
4. Conservation of Property Values:
Due to the existing commercial character of the area, surrounding property values should
not be adversely affected.
5. Responsible Development And Growth:
It is responsible growth and development to allow this property to be zoned to a less
intensive commercial district.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and four
variances from the development standards. The Commission will forward the rezoning to
APC # 2748 -15 Page 2 of 3
K17112TIMwo
8/7/2015
the Common Council with or without a recommendation and either approve or deny the
variances.
The variances are as follows:
1) From the required landscaping of required perimeter yards to none;
2) From the required off - street parking area screening to none;
3) From the minimum required 22' front facade height to 21'; and
4) From the requirement that trash containers not be located between the front facade of
the primary building and the front lot line to allowing trash container between the west
facade and the front (west) lot line.
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 site is an existing commercial development. The trash
receptacle will only be visible from the west side of Main Street, which is predominantly
vacant. The difference of one foot of facade height will not easily distinguished, or
adversely affect the general welfare of the community.
(2) The use and value of the area adjacent to the property included in the variances will
not be affected in a substantially adverse manner. The requested variances will allow the
site to maintain its current layout, which is similar to adjacent properties. The trash
enclosure will serve as a screen for the dumpster, which is already existing on the lot.
(3) The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. Since the site technically has frontage on both Main
and Michigan Streets, the strict application of the ordinance would subject it to more
requirements than other, similar, commercial sites. Adding an additional one foot to the
facade of the building would pose a significant cost, with minimal benefit. Since this site
has two fronts, a trash receptacle could not be placed outside of a front yard without
impairing traffic flow through the site.
Recommendation:
Based on information available prior to the public hearing, staff recommends the rezoning
petition be sent to the Common Council with a favorable recommendation. Staff
recommends approval of all four variances.
Analysis:
Allowing this site to be zoned to the mixed -use district will allow the building to be used
to its full potential without adversely affecting the surrounding properties. Encouraging
vertical mixed -use increases density and creates a more sustainable environment.
APC # 2748 -15 Page 3 of 3
Rezoning from:
"CB" COMMUNITY BUSINESS DISTRICT CITY OF SOUTH BEND to
"MU" MIXED USE DISTRICT CITY OF SOUTH BEND
N
MASTER ZONING KEY w', E
SOUTHEENC SF'" SINGLE FANILYANOTwO FAMILY DISTRICT
SOUTH EENC SF[ SINGLE FAVd ILYP,NGTWO FFAl ILY CLSTRIDT S
1 inch = 75 feet
SOUTH EENC "CS' CC VV NITYSUSINESS LIST RICT
APC # 2748 -15
LAWRENCE P. MAGLIOZZI
C 1!SI C'11 I F1 DI N L C'I'OR
Angela M. Smith
D"'. 1, Ili, e,I-
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 P'. JEFFERSON BLVD., ROO NI 1140 CO UN I'Y- CITY BU ILD IN C. .SO U'I'H BEND, INDIANA 46601 (S74) 23S -9571
August 19, 2015
South Bend Common Council
4°i Floor, County -City Building
South Bend, IN 46601
RE: Bill # 35 -15
Rezoning: 4325 S. Michigan Street (Flowers by Stephen, LLC)
Dear Council Members:
The following changes have been made to the Ordinance for the above referenced petition:
Ordinance:
1.) The title was updated to remove the reference to a Special Exception Use. A Special Exception
Use is not required for this site.
A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to
contact me at (574) 235 -9571.
Sincerely,
5�4�
Matthew P. Chappuies, Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. STI OSEPHC OUNTY INDIANA. CO NIARE A PLAN
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4325 S. MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 5 IN
THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To change zoning from CB Community Business District to MU Mixed Use District to
allow for a residential dwelling unit above a flower shop.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known
as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is
amended in order that the zoning classification of the following described real estate in
the City of South Bend, St. Joseph County, State of Indiana:
Lots 3 & 22 of Byers Addition Pro
be and the same is hereby established as MU Mixed Use 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 o
PUBLIC HEARING
3rd READING
NOT APPROVE
REFERRED
PASSW. " is
Deputy, City Clerk
day of
Mayor, City of South Bend, Indiana
2 , at
Filed in tf�rk'i office
CITY CLERK, SOUTH BEND, IN
PETITION FOR A COMBINED PUBLIC HEARING
CitEofSouth 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: 4325 S Michigan Street South Bend, IN 46614
2) The property Tax Key Number(s) is /are: 023 -1025 -1328 and 023 -1025 -1346
3) Name and address of property owner(s) of the petition site:
Flowers By Stephen & Assoc LLC
4325 S Michigan Street
South Bend, IN 46614
574 291 -2250
flowersbystephen@yahoo.com
com
Name and address of additional property owners, if applicable: n/a
4) Name and address of contingent purchaser(s), if applicable:
n/a
Name and address of additional property owners, if applicable: n/a
5) It is desired and requested that this property be rezoned:
From:. CB Community Business District N/A
To: MU Mixed Use District
6) This rezoning is requested to allow the following use(s): To correctly zone a pre- existing apartment above
retail flower shop.
7) If applicable, a detailed description and the purpose of the variance(s) being requested:
1) A variance from the required perimeter landscaping to none to accommodate the pre- existing
placement of the building and pavement on the property.
2) A variance from the required parking screening to none to accommodate the pre- existing placement of
the building and pavement on the property
3) A variance from the requirement that no trash container be located between a front fagade and a front
lot line to accommodate the pre - existing layout of the property.
4) A variance from the required trash enclosure screening to none to accommodate the pre- existing layout
of the property.
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: Approval of the variances would not be injurious since the phyical building and property
use will not be changed.
(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: Granting the variances would not affect the area around the
property adversely since the physical building would not be changed. The building has been the same
since built in 1959.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: Requiring the perimeter landscaping, parking screening, and dumpster placement with
screening, would demand that the pre - existing asphalt be removed. Required parking spaces would be
lost, and therefore would put Flowers by Stephen & Assoc LLC out of business. This flower shop has
been in the southside neighborhood for 55 years.
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: N/a
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: N/a
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: N/a
(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: N/a
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. N/a
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:
Sheryl Luczkowski
4325 S Michigan Street
South Bend, IN 46614
574 291 -2250
flowersbystephen@yahoo.com
of all,pr ezV owner(s), or sigryature of Attorney for all property owners : "10� BENp> IN
GA� [��(S___
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, CALLING FOR THE ESTABLISHMENT OF A
SOUTH BEND MUNICIPAL ID CARD PROGRAM
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that since 2005, there have been communities
studying municipal identification card programs. One of the first studies was conducted by the
Unidad Latina enAccion (ULA) in New Haven, Connecticut.
New Haven, Connecticut was the first city to implement a municipal identification program
in 2007, and their program uses what is referred to as an "Elm City Resident Card ". Two (2)
proofs of New Haven residency are required to be eligible, with the card expiring when an
individual no long has residency within the city limits. The fees for such a card were $5.00 for
children and $10.00 for adults. The overall purpose of the card was to provide proof of
identification and residency for the approximate 10,000 to 15,000 undocumented persons living in
New Haven. Their card can also be used as a debit card with a limit of $150; a method of payment
for parking meter fees; and works as a library card. Private funds from the First City Fund
Corporation in the amount of $250,359 were used to fund the implementation of their program.
San Francisco, California became the next city to develop a city ID program, with their
Board of Supervisors voting in November of 2007 to move forward with the program. In October
of 2008 a court in San Francisco ruled that the "...city's plan to issue municipal identification
cards to residents regardless of immigration status does not violate state and federal law ".
Ordinance No. 279 -08 was passed on November 18, 2008 which amended the original ordinance;
with educational and training materials then being prepared along with hardware and software
programs. On January 15, 2009 the City of San Francisco officially began issuing "SF City ID
Cards ".
The following communities and the year each community's ID program became
operational is briefly set forth below:
2010
Trenton, New Jersey
2011
Richmond, California
2012
Los Angeles, California
2013 Oakland, California
2015 New York, New York
Some of the other communities looking into whether a program would be in the best
interests of their cities include New Orleans, Louisiana and Charlotte, North Carolina.
Each program is unique to the municipality which created it by proper ordinance. Some of
the studies have indicated that a municipal - issued identification card may assist law enforcement
South Bend Municipal ID Card Program Ordinance
Page 2
officials and undocumented individuals to better interact. Some are linked to various forms of
economic programs such as Richmond, California's having the option of having a $200 pre -paid
debit limit; Los Angeles, California's also having a prepaid debit option; with Oakland, California
being the first community to have this function.
New York City's municipal identification program was officially launched on January 12,
2015, and is referred to as the "IDNYC Card ". It provides free membership to "The Public Theater,
Flushing Town Hall, Museum of the City of New York, Staten Island Children's Museum,
Brooklyn Botanic Garden, and the Bronx Zoo ". An "IDNYC Benefits Guide" is available in
English, Spanish, Chinese and Russian. An "IDNYC Brochure" is available in English, Spanish,
Chinese, Russian, Haitian, Creole, Korean and Bengali ". Their program was estimated to cost
$8.4 million the first year, and $5.6 million in succeeding years.
There are eleven (11) states which have passed laws permitting an undocumented resident
to apply for driver's licenses as of 2014, namely: Washington, Oregon, California, Nevada, Utah,
Colorado, New Mexico, Vermont, Connecticut, Maryland, and Illinois.
The following ordinance is believed to provide an opportunity for individuals who may not
be eligible to apply to the Indiana Bureau of Motor Vehicles (BMV) who has the authority to issue
an IndianaID /SecureID to residents, or who do not wish to apply for a license to drive; and also
for those individuals who may not be eligible or do not wish to apply for the Indiana non - SecureID.
The ordinance provides an opportunity for the potential development of a municipal ID
card which may incorporate the latest technologies, so that such cards cannot be duplicated or have
the card's information electronically stolen. Such cards may enable individuals to establish their
identity when needed for city emergency medical responders; may assist individuals if they
become a victim of a crime or a victim of a natural or man-made disaster. The ordinance is
believed to help further public health, safety and welfare measures by providing a secure
mechanism of proof of identity and residency in the City of South Bend, Indiana.
✓�c �: � /�r�nrt::Jdc' � �rdai ✓r {r //� //c Vcirtnui� gcri ✓r�i /c� //r �r /� r��/cu //r C eit��
�c /icanca, a:�/ /cup;
Section I. There is hereby established a South Bend Municipal ID Card Program, which shall be
subject to the terms and conditions set forth in this ordinance.
South Bend Municipal ID Card Program
1. Definitions. For purposes of this ordinance, the following definitions shall apply:
South Bend Municipal ID Card Program Ordinance
Page 3
a. City shall mean the City of South Bend, Indiana.
b. Municipal ID Card shall mean a secure identification card issued by the City which
shall display, including but not limited to, the cardholder's name, photograph, address, date of
birth and an expiration date.
c. Program Administrator shall mean the City Controller, or his duly designated designee,
who shall be responsible for coordinating with a third party administrator selected to implement
and administer the South Bend Municipal ID Card Program.
d. Proofofldentity shall mean the criteria set forth in sub - section 4.a (i) of this ordinance
which is required of a person who applies for a South Bend Municipal ID Card.
e. Proof of Residency shall mean the criteria set forth in 4.a (ii) of this ordinance which
is required of a person who applies for a South Bend Municipal ID Card.
f. Resident shall mean a person who can demonstrate that he or she has been present in
the City for at least fifteen (15) continuous days and who presents proof of residency as specified
in sub - section 4.a (ii) of this ordinance.
g. Third Party Administrator shall mean the vendor selected through a public request for
proposals to implement and administer a secure South Bend Municipal ID Card program at no net
cost to the City, its departments, bureaus, or its taxpayers.
2. Purposes of a South Bend Municipal ID Card Program.
a. It is the City's intent that the South Bend Municipal ID Card Program provide a city
resident with a means of proving his or her residency in the City of South Bend, Indiana.
b. The South Bend Municipal ID Card Program further aims to help substantiate a
resident's identify when proof of identity is needed for City programs and services, as well as
when interacting with public safety personnel providing such services in the City. The City is
attempting to promote the general public safety and welfare of the community. The City does not
assume or impose any obligation upon its officers, employees or agents of any liability in monetary
damages or other legal recourse to any person who may claim a breach proximately caused injury.
3. Terms and Conditions Before Program Implementation and Issuance of South Bend
Municipal ID Cards.
a. The Department of Administration and Finance of the City shall coordinate the filing
South Bend Municipal ID Card Program Ordinance
Page 4
of all relevant data, projected costs, and other pertinent information addressing the future
implementation of the purposes of the program summarized in ¶ 2 of this ordinance, including any
supplemental features which are consistent with the purposes of this ordinance. Such filing shall
be made in the Office of the City Clerk, which shall trigger future joint meeting(s) of the Council's
Personnel and Finance Committee and the Community Relations Committee. In order for a South
Bend Municipal ID Card Program to become effective following such joint meeting(s), a Council
Resolution, which certifies that the implementation and administration of the South Bend
Municipal ID Card Program would be operated at minimal or no net cost to the City, its
departments, bureaus, or agencies, and which establishes any and all fees, will be required to be
adopted by the Common Council.
b. The South Bend Municipal ID Card shall bear the seal of the City and shall be
produced in a form which is encrypted with a magnetic strip, barcode or similar security feature to
prevent card duplication or counterfeit reproduction, and is secured from electronic pickpocketing
(EP) with a radio - frequency identification (RFID) blocking card or sleeve.
4. Application Process.
a. To obtain a South Bend Municipal ID Card, a resident shall complete an application,
under pains and penalties of perjury, which requires proof of identity and proof of residency
within the city. Said applications shall have instructions available in English, and other language(s)
upon request. Upon receipt of both proof of identity and residency as required by the sub - sections
included below, and the applicable fee, the Program Administrator shall issue shall issue a South
Bend Municipal ID Card meeting the conditions set forth in sub - section 3.b of this ordinance.
(i) Proof ofldentity: In order to establish identity, each applicant must present
either:
(1) One (1) of the following documents containing both the applicant's
photograph and date of birth: a U.S. or foreign passport; a driver's license
issued by a state or territory of the United States; a state identification card
issued by any state or territory of the United States; a U.S. Permanent
Resident Card (commonly referred to as a `Green Card'); a consular
identification (CID) card or matriculal; or a photo identification card issued
by another country to its citizens or nationals that meets the following
requirements
' For over 100 years, the Mexican government have authorized the Consulate of Mexico to issue a matricula or
Consular ID card to Mexican citizens who live outside of Mexico. The matricula certifies that the individual is a
Mexican citizen, includes a birthplace and individual's address outside of Mexico. Said cards are valid for five (5)
years and cost approximately thirty dollars. Information on the Consular ID Card which has been posted by the
Consulate of Mexico was filed with this ordinance and is available from the Office of the City Clerk.
South Bend Municipal ID Card Program Ordinance
Page 5
aa. The issuing country authorizes the use of the card as an alternative to a
passport for re -entry into the issuing country; and
bb. The card has a photograph of the person and the person's date of birth;
and
cc. The card meets standards established by the Program Administrator to
ensure that the applicant was required to provide reliable identifying
information in order to obtain the card and the card has features reasonably
designed to protect against fraud and counterfeit reproduction.
In determining whether the identification meets these requirements, the
Program Administrator may use standards adopted by the National Notary
Association.
Notwithstanding the above, if the applicant is thirteen (13) years of age or
younger, he or she may present a certified copy of a U.S. or foreign birth
certificate to established identify under this subsection; or
(2) Two (2) of the following documents, provided that at least one (1) form of
identification shall display the applicant's photograph and date of birth; a
national identification card with photo, name, address, date of birth, and
expiration date; a foreign driver's license; a U.S. or foreign military
identification card; a current visa issued by a government agency; a U.S.
Individual Taxpayer Identification Number (ITIN) authorization letter; an
identification card issued by an Indiana educational institution, including
elementary, middle, high school, secondary, and post -high school or post -
secondary schools; a certified copy of a U.S. or foreign birth certificate; a
court order issued by a state or federal court to verify a person's identity;
or a Social Security card.
Notwithstanding the above, where the applicant is age thirteen (13) years
of age or younger, he or she may present an official medical record and /or
official school record to establish identity under this subsection, provided
that at least one (1) of the two (2) forms of identification presented shall
display the applicant's date of birth.
(ii) Proof of Residency: In order to establish residency, each applicant must
present one (1) of the following items, provided that the item includes both
the applicant's name and a residential addressed located within the City:
South Bend Municipal ID Card Program Ordinance
Page 6
(1) A utility bill dated within the last thirty (30) days; a written verification
confirming at least fifteen (15) days residency within the last thirty (30)
days issued by a homeless shelter that: is operated in the City; written
verification issued by a hospital, medical clinic or social service agency who
provided services to the applicant; a local property tax statement or
mortgage payment receipt dated within the last thirty (30) days; proof of a
minor currently enrolled in a school located in the city; an employment pay
stub or similar employment wage verification dated within the last thirty
(3 0) days; a jury summons or court order issued by a state or federal court
dated within the last thirty (30) days; or an insurance bill (homeowner's,
renter's health, life or automobile insurance) dated within the last thirty (30)
days. If a certified copy of a marriage certificate is presented at the time of
application, an applicant may prove residency using documents bearing the
name of his or her spouse.
(2) The Program Administrator may by regulation provide that if an applicant
is thirteen (13) years of age or younger, cannot produce any of the items set
forth in subsection 4.a.(ii) (1) to prove residency, a parent or legal guardian
may verify the applicant's residency provided that the parent or guardian
would be eligible for a South Bend Municipal ID Card.
(iii) The Program Administrator may by regulation provide for acceptance of
additional form of proof of identity and /or proof of residency, provided that
the Program Administrator determines that such form of proof are: issued
by a governmental entity or is a type of proof of identity or proof of
residency which is accept in the ordinary course of business in the U.S.
(iv) An application submitted on behalf of a minor must be completed by the
minor's parent or legal guardian.
(v) The city shall keep confidential, in accordance with applicable laws, the
name and other identifying information of persons applying for and
receiving a South Bend Municipal ID Cards. The city shall cause the
applications to be produced in a form which allows the applicant to state
their privacy preferences. The city shall not retain records of applicants'
residential addresses.
b. Upon request, the Program Administrator shall issue a South Bend Municipal ID Card
to any resident who meets the foregoing application requirements and pays the applicable fee.
South Bend Municipal ID Card Program Ordinance
Page 7
5. Implementation Process and Program Information to be Posted on City's Website
The Program Administrator is authorized to adopt additional rules and regulations which
are consistent with this ordinance, in order to implement and administer the issuance of South
Bend Municipal ID Cards. Any additional rules and regulations deemed necessary by the Program
Administrator shall be filed in the Office of the City Clerk, who shall maintain them with this
ordinance and send them electronically to members of the Common Council and maintain a copy
of all such rules and regulations with this ordinance. Such regulations may include but not be
limited to a procedure for payment of fees in monthly installments without interest by an indigent
person, who is defined as a person without the means to pay the fee, which would be a similar
monthly process as the provisions set forth in Section 1 -24 of the South Bend Municipal Code;2 as
well as establishing a process for an indigent person's waiver of a fee in its entirety, as determined
by the Program Administrator, on a case by case basis.
Within ten (10) business days of a Council Resolution being adopted, as addressed in ¶ 3 of this
ordinance, the City shall develop a link to information on the City's website which is devoted to
the South Bend Municipal ID Card Program. Key program information shall be highlighted and
it shall permit a copy of this ordinance to be accessed as well as the Council Resolution required
in order for the implementation of the South Bend Municipal ID Card Program to take place. If
any additional rules and regulations become necessary, those shall also be made available from the
city's website.
6. Fees.
Fees shall be charged for each South Bend Municipal ID Card issued. The Common
Council shall set the maximum fee amounts by Resolution, upon compliance by the Department
of Administration and Finance and the Council and their committees as further addressed in ¶ 3 a.
of this ordinance.
7. Proof of Residency for City Services and Programs; Pre - Emption.
a. Any city service or city program which requires proof of identity or proof of residency
shall accept a South Bend Municipal ID Card issued by the city, unless it can be shown that the
card has been alerted or improperly issued; is an unauthorized duplicate; or a counterfeit
reproduction.
b. This section is not intended to replace any other existing requirements for issuance of other
s South Bend Municipal Code Section 1 -24 authorizes payment of $5.00 per month by any indigent person of a fine
ordered to be paid by a court.
South Bend Municipal ID Card Program Ordinance
Page 8
forms of identification in connection with the administration of a city service or program; nor is
this section intended to replace any state or federal regulations or laws addressing proof of identity
or proof of residency.
c. In no circumstance shall the existence of the South Bend Municipal ID Card Program cause
the city to lose funds from any funding source which require the usage of other state or federal
proof of identity or proof of residency, with such requirements pre - empting local regulations.
8. South Bend Municipal ID Card Holder's Responsibilities.
a. A person who has been issued a South Bend Municipal ID Card by the city must notify
the Program Administrator within ten (10) business days of any change in address which is
different than the one provided on the original application for such a card. Upon receiving
notification of a change in address and its verification, the Program Administrator shall issue a
notice of new address to be carried with the South Bend Municipal ID Card or be issued a new
card pursuant to the rules and regulations duly adopted by the Program Administrator.
b. If a person who has been issued a South Bend Municipal ID Card no longer resides in the
city, or expects to reside outside of the city for a period of greater than ninety (90) consecutive
calendar days, the card holder must relinquish the card by mailing or personally delivering the card
to the Program Administrator with an acknowledgement of his or her intent to reside elsewhere.
Said action by the Card Holder must take place within ten (10) business days of any proposed
change in residency, as further addressed in this paragraph.
9. Altered, Unauthorized Duplication; Counterfeit Reproduced Cards and Misuse of Card.
a. It is a violation of this ordinance, for any person to:
(1) Knowingly present false information to the City in the course of applying for a
South Bend Municipal ID Card;
(2) Alter, copy, replicate, produce a counterfeit copy of a city issued South Bend
Municipal ID Card; or
(3) To use a South Bend Municipal ID Card issued to another person, with the
intent to cause a third person or entity to believe the holder of the card is the
person to whom the card was issued.
b. Anyone who is found in violation of section 8 of this ordinance, shall lose the ability
to possess a South Bend Municipal ID Card; and shall be subject to the penalty provisions set forth
in Section 1 -23 of the South Bend Municipal Code.
South Bend Municipal ID Card Program Ordinance
Page 9
10. Semi - Annual Updates By the Administration to the Council.
The Program Administrator shall provide an update to the Common Council on any
South Bend Municipal ID Card Program which is authorized to be implemented, pursuant to the
terms and conditions set forth in ¶ 3 of this ordinance, at the 2 "a regular Common Council meeting
held each January and July.
Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section III. This ordinance shall be passed by the Common Council and be in full force
and effect, upon a future Resolution being formally adopted by the Common Council establishing
an exact effective date of a South Bend Municipal ID Card Program. Such Resolution shall be
prepared and filed by the City Administration which verifies that the implementation and
administration of the South Bend Municipal ID Card Program will be operated at minimal or no
net cost to the City, its departments, bureaus, or taxpayers, and sets forth any and all card holder
fees; all of which shall be subject to the approval by the Common Council, approval by the Mayor.
Henry Davis, Jr., a is Council Member
South, Bend Common Council
Oliver J. Davis, 61 District Council Member
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Gavin Ferlic, Council Member at Large
South Bend Common Council
South Bend Municipal ID Card Program Ordinance
Page 10
Derek D. Dieter, Council Member at Large
South Bend Common Council
Valerie Schey, 3i° District Council Member
South Bend Common Council
c7JA /! l:
Office of the City Clerk
<gi�Xidr./by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
Janice Talboom, Deputy Clerk
me on the _ day of 2015, at
o'clock .m.
I st READING �— (-) -� r
PUBLIC HEARING
3 rd READING
NOT APPROY9D
� EERRED
PASSED
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed-in'
iled in ' office
JOHN UTH
CITY CLERK, SO SEND, IN
C
IW
Common Council
City of South Bend Indiana
Henry Davis, Jr., 2nd District Council Member
411 Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5983 (574) 235 -9173 Facsimile
(574)235 -5567 TTY/TDD
April 7, 2015
Members of the Common Council
4'h Floor County -City Building
South Bend, Indiana 46601
Re: Ordinance Calling for the Establishment of a South Bend Municipal ID Card Program
Dear Council Members:
I am very pleased to file the attached ordinance which calls for the establishment of a South Bend
Municipal ID Card Program. I am also pleased to note that Council Member Oliver J. Davis, Karen
L. White, Gavin Ferlic and Derek D. Dieter voiced enthusiastic support of developing a city ID
card program, at the last Common Council meeting. Council Member Valerie Schey has also
expressed interest in developing such a program. This ordinance would begin to formalize a public
process in moving forward in developing such a program, which is envisioned to be a two -step
process. The proposed ordinance would be the 1 st step, and a future resolution of the Council
being the 2nd step, before such a program would be in effect.
As we briefly discussed at the last Common Council meeting held on March 23rd, I have been
working on this topic since last December. At that meeting, many members of the public held up
signs asking for a City ID card program. Some individuals voiced their support of a local City ID
card program that evening when the special resolution declaring Farmworker Awareness Week
was being discussed by the Council, including the Mayor.
There are potentially many positive results which could happen from having a well - constructed
city or municipal ID program, such as:
• Using the ID card for identification purposes when dealing with medical responders from
the South Bend Fire Department
Using the ID card for identification purposes when a person is a victim of a crime when
dealing with public safety officers from the South Bend Police Department
Using the ID card for identification purposes when dealing with emergency personnel
during a natural or man -made emergency
Cover Letter to the South Bend Municipal ID Card Program Ordinance
April 7, 2015
Page 2
• Using the ID card for identification purposes for City of South Bend recreational and
cultural programs if identification is needed or required.
As noted in the proposed ordinance, we have studied many of the other City ID card programs,
which have been successfully launched in other communities. Some of those programs, in addition
to the positive items highlighted above, have coordinated with other organizations, non - profits,
and financial institutions to develop additional special features such as having other entities
recognize the City ID for identification purposes; and having debit and /or credit features.
The proposed ordinance is patterned after several of the provisions included in ordinances in the
California communities, noting that the San Francisco ordinance was upheld when it was
constitutionally challenged. Unlike the program in New York City which is estimated to cost the
city approximately $8.4 million in its first year of operation, the proposed South Bend Municipal
ID Card Program challenges the City Administration to work with the Common Council and our
community residents, organizations, and businesses in developing a program which would be
operated at minimal or no net cost to the City, its departments, bureaus, or our taxpayers.
Developing and having a secure South Bend Municipal ID Card program is also extremely
important. You will find attached information from the Consulate of Mexico regarding the security
provisions which they use for their Consular ID Cards. The proposed ordinance calls for the South
Bend Municipal ID Card to be developed in such a way as to minimize fraud, counterfeit
reproduction, and also be secured from electronic pickpocketing devices (EP) which are beginning
to create significant identification security problems. .
The proposed ordinance sets forth basic standards which will require close collaboration with the
City Administration, the public, and the Council in order to be successful. It calls for the sharing
of additional detailed information regarding how the program would be paid for as well as
recommended fees which would be charged to applicants. A future Council Resolution would be
required for actual implementation of a South Bend Municipal ID Card Program. Such a
Resolution would be filed by the City Administration which would trigger a date certain for
implementation of such a program which would be at minimal or no net cost to the City. In
summary, the proposed ordinance would address:
1. Definitions.
2. Purposes of a South Bend Municipal ID Card Program.
3. Terms and Conditions Before Program Implementation and Issuance of ID Cards.
4. Application Process.
5. Implementation Process and Program Information to be Posted on City's Website.
6. Fees.
7. Proof of Residency for City Services and Programs; Pre - Emption.
8. South Bend Municipal ID Card Holder's Responsibilities.
Cover Letter to the South Bend Municipal ID Card Program Ordinance
April 7, 2015
Page 3
9. Altered, Unauthorized Duplications; Counterfeit Reproduced Cards and Misuse of Card.
10. Semi - Annual Updates on Program by the Administration to the Council.
This proposed ordinance would formally begin the discussion process of potentially developing a
South Bend Municipal ID Card Program. We will continue to review other programs so that the
best possible practices will be weighed, debated and considered.
We look forward to spirited, factual, and productive discussions, so that we can continue to
collaborate with concerned citizens, the City Administration, and all interested parties.
Thank you very much.
M s
Henry Davis, r., 2" ct
South Bend Common Council
Attachments
Filed M....- ..off
0 2015
CITY CLI ,•
�, saht 1'H B BEND, IN I