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Home My WebLink About09-28-15 Agenda, Packet & Committee Meeting Notice �.`•t'SpU TH 8 � 3 10 O: cx1 PEACE 1865 .. OFFICE OFFICE OF THE CITY CLERK JOHN VOORDE,CITY CLERK September 24, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday, September 28, 2015 at the Council Informal Meeting Room, 4th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana: 3:30 P.M. ZONING &ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 15-85—Fiscal Plan for an Annexation/Rezoning for 23530 S.R. 2, 56575, 56589, 56605 Mayflower Rd., 23562, 23580 Huron St. and 56546, 56576, 56586, 56660 Hollywood Blvd. (Martins Supermarket) 2. Bill No. 34-15—Annexation/Rezoning for 23530 S.R. 2, 56575, 56589, 56605 Mayflower Rd., 23562, 23580 Huron St. and 56546, 56576, 56586, 56660 Hollywood Blvd. (Martins Supermarket) 3:50 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15-88—Rescind Resolutions 4353-14 and 4361-14 Granting a 4 year Real Property Tax Abatement for Property located at 211 W.Washington 2. Bill No. 15-89—Designating Tax Abatement—211 W.Washington—A Hotel Located at the Tower at Washington Square LLC 3. Bill No. 15-90-Designating Tax Abatement—211 W. Washington—A Retail Property Located at the Tower at Washington Square LLC 4. Bill No. 15-91 -Designating Tax Abatement—211 W.Washington—A Parking Garage Located at the Tower at Washington Square LLC 5. Bill No. 15-92—Approve the Purchase of Real Property Located at 2401 W. Western Avenue 4:30 P.M. UTILITIES DAVID VARNER, CHAIRPERSON 1. Bill No. 52-15—Additional Appropriations for Certain Departmental and Enterprise Funds for 2015 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendlN.gov KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 4:40 P.M. PERSONNEL&FINANCE KAREN L.WHITE, CHAIRPERSON 1. Bill No. 41-15—2016 Budget Tax Levy 2. Bill No. 42-15—2016 Budget Civil City Appropriations 3. Bill No. 43-15—2016 Budget Enterprise Fund Appropriations 4. Bill No. 44-15—2016 Transpo Budget 5. Bill No. 51-15—Additional Appropriations from City Service Operation Funds for 2015 6. Bill No. 53-15—Budget Transfers for Various Departments for 2015 7. Bill No. 46-15—Amend Chapter 2 of the SBMC by adding a new Fund for the 311 Call Center 5:25 P.M. HEALTH &PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Request to have a discussion on Bill No. 14-15 regarding amending the SBMC, Chapter 14 for a new article on the Collaborative Pilot Initiative on Homelessness Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Health &Public Safety Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, SEPTEMBER 28 , 2015 7 : 00 P.M. 1 . INVOCATION 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 15-84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING, RON TEACHMAN FOR SERVING AS THE 61ST POLICE CHIEF OF THE CITY OF SOUTH BEND 15-93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING, COMMENDING AND THANKING ANGEL HERNANDEZ FOR HIS MORE THAN 35 YEARS OF DEDICATION AND EXCELLENCE IN THE BROADCASTING AND VIDEO PRODUCTION FIELDS 6 . REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 34-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN 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 44-15 PUBLIC HEARING 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 41-15 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 51-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $29, 176 FROM CENTRAL SERVICES FUND (#222) , $5, 180 FROM HALL OF FAME DEBT SERVICE FUND (#313) , $16, 464 FROM GIFTS, DONATIONS & BEQUESTS FUND (#217) , $40, 000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220) , $210, 000 FROM LOCAL ROAD & STREETS FUND (#251) , $8 FROM EXCESS WELFARE DISTRIBUTION FUND (#252) , $1, 700 FROM HUMAN RIGHTS GRANT FUND (#258) , $2250 FROM CUMULATIVE CAPITAL IMPROVEMENT FUND (#407) AND $190, 040 FROM CEDIT FUND (#408) 52-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $129, 900 FROM WATERWORKS BOND CONSTRUCTION FUND (#623) , ($1, 500, 000) FROM SEWAGE O&M FUND (#641) , $2 , 500, 000 FROM SEWAGE DEPRECIATION FUND ($642) , AND $1, 500 FROM SEWAGE WORKS SINKING FUND (#649) 53-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015 46-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW 311 CALL CENTER FUND #279 AND AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH END MUNICIPAL CODE 8 . BILLS, THIRD READING TIME: BILL NO. 51-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $29, 176 FROM CENTRAL SERVICES FUND (#222) , $5, 180 FROM HALL OF FAME DEBT SERVICE FUND (#313) , $16, 464 FROM GIFTS, DONATIONS & BEQUESTS FUND (#217) , $40 , 000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220) , $210, 000 FROM LOCAL ROAD & STREETS FUND (#251) , $8 FROM EXCESS WELFARE DISTRIBUTION FUND (#252) , $1, 700 FROM HUMAN RIGHTS GRANT FUND (#258) , $2250 FROM CUMULATIVE CAPITAL IMPROVEMENT FUND (#407) AND $190, 040 FROM CEDIT FUND (#408) 52-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $129, 900 FROM WATERWORKS BOND CONSTRUCTION FUND (#623) , ($1, 500, 000) FROM SEWAGE O&M FUND (#641) , $2 , 500, 000 FROM SEWAGE DEPRECIATION FUND ($642) , AND $1, 500 FROM SEWAGE WORKS SINKING FUND (#649) 53-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015 46-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW 311 CALL CENTER FUND #279 AND AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH END MUNICIPAL CODE 9 . RESOLUTIONS BILL NO. 15-85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP MAYFLOWER-WESTERN ANNEXATION AREA 15-86 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDEX GROUND SYSTEM, INC. 15-87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND INDIANA, COMMONLY KNOWN AS 802 EAST ST. VINCENT STREET, SOUTH BEND, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JAMES AND SUSAN FARRINGTON 15-88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, RESCINDING RESOLUTIONS 4352-14 AND 4361-14 WHICH DESIGNATED CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSE OF A FOUR (4) YEAR REAL PROPERTY TAX ABATEMENT 15-89 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 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR A HOTEL LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 15-90 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 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR A RETAIL PROPERTY LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 15-91 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 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR A PARKING GARAGE LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 15-92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE PURCHASE OF REAL PROPERTY LOCATED AT 2401 W. WESTERN AVENUE, SOUTH BEND, INDIANA 10 . BILLS, FIRST READING BILL NO. 54-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10332-14 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2016 55-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10333-14 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2016 56-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2016 57-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2016 58-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2016 59-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, RE-AFFIRMING ORDINANCE NO. 10328-14 FIXING THE MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2014, 2015, AND 2016 60-15 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2016 61-15 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A LESS THAT FULL WIDTH PORTION OF SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD) THAT LIES ADJACENT TO PROPERTY OWNED BY GATES AND GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD) 62-15 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A FULL WIDTH PORTION OF OLD SOUTH MAIN STREET (FORMALLY SOUTH MAIN STREET) THAT LIES BETWEEN LAFAYETTE BOULEVARD AND SOUTH MAIN STREET, ADJACENT TO PROPERTY OWNED BY CITY OF SOUTH BEND BOARD OF PUBLIC WORKS, LOCATED AT 4201-4219 SOUTH MAIN STREET 63-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING IN ITS ENTIRELY ARTICLE 7 ENTITLED NOISE CONTROL OF CHAPTER 13 FO THE SOUTH BEND MUNICIPAL CODE AND AMENDING SECTION 2-213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 64-15 FIRST READING ON A BILL INITIATED BY THE AREA PLAN COMMISSION ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING CHAPTER 21, ARTICLE 6, SECTION 21-06 . 03 NORTHEAST NEIGHBORHOOD DEVELOPMENT ARE OVERLAY ZONING DISTRICT OF THE SOUTH BEND MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 21, ARTICLE 6 , SECTION 21-06 . 3 ENTITLED NORTHEAST NEIGHBORHOOD ZONING OVERLAY DISTRICT 11 . UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1 . BILL NO. 36-15 - REZONING - 2906, 2910 & 2920 MISHAWAKA AVE. 2 . BILL NO. 37-15 - REZONING/SPECIAL EXCEPTION - 706 EDDY ST. & 1111 BISSELL 3 . BILL NO. 38-15 - REZONING - 600 BLOCK OF N. HICKORY & 3500 BLOCK OF E. MCKINLEY AVE. 4 . BILL NO. 39-15 - REZONING - 635 S. LAFAYETTE BLVD. 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, 4th 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. • LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director PPEAAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY•CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Subs `= ✓ ill 34 -, 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: 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 will 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, alt -ter d7?21/4 Angela M. Smith Attachment CC: County Development, LLC S VIN S15, JOSEF' �OcsocjafeSc UTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STf OS E PH CO V N TY I NDI A N A.COM/AREA PLAN • Staff Report 8/7/2015 APC # 2747-15 Owner: County Development, LLC Location: 23530 State load 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 SF1 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 4 ,Staff Renort 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 36-7-4-603: 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 if 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 corner 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: I) 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 j 6' in height for a fence along Hollywood Boulevard; 4) From the required screening of traslrontainers to none; 5) From the requirement that trash containers not be located between the fronfacade of the primary building and the front lot line to allowing trash containers between the west acade of the primary building and the front(west) lot line; 6) From the required "bail out" lane for alive 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 facade to allowing loading spaces between front(westjot line and the west building facade. APC # 2747-15 Page 3 of ,Staff Report 8/7/2015 State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (I)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 ‘......s„. "t - , 75-15-j .. r '#24;, d. I = 6, 1 r .l, r :<• • w..-:. .' .r. .itt11,:•.:•,. •� .�:: -� ti[� -.11,1•_ .1' .+ .I,.nw. 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V!mil .ai.J "`,71-7:7;i4,- Rezoning from: -�� 9 �� '`��I `��>� `.�`'' "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'SINGLE FAM ILY DISTRICT W '~ ::•- I E COUNTY BUSINESS DISTRICT COUNTY"C-COM;MERCIALDISTRICT 8 SOUTH BEND SF SINGLE FAI?ILYAND TWO FAY ILYDISTRIOT 1 inch = 300 feet ( : SOUTH BEND'CB"COMMUNITY BUSINESS DISTRICT > '!� SDUTH BEND•'G2-GENERAL BUSINESS DISTRICT 2 74 5-'� LAWRENCE P. MAGLIOZZI Angela M. Smith Deputy Direrlu, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1141) COUNTY•CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2359571 August 19, 2015 South Bend Common Council • • 4t°Floor, County-City Building South Bend, IN 46601 RE: Bill#34-15 Rezoning: Southwest corner 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: I.) 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 & ROSELAND W WW.ST)OSEPNCOU NTYINDIANA.COMIAREAPLAN 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 I 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 corner 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 I 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 , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock .m. Mayor, City of South Filed in Gtp •i-•, Office s! READING c3-lr PUBLIC HEARING AUG 19 2015 3rd READING NOT APPROVED JOHN A/QQ).iC REFERRED A}. . CITY CLERIC,SOUTH >:3END, IN PASSED • ORDINANCE NO. PETITION FOR A COMBINED HEARING City of South Bend.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 corner 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 corner 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 corner 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 Tavern, 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 corner 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; C).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 corner 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. C). 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 facade of the primary building and the front lot line to allowing trash containers between the west façade 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 facade 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 facade 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,Harper&Associates,Inc. Address: 1643 Commerce Drive South Bend;Indiana 46628 Phone Number with Area Code: 574-234-4003 E-mail Address: mdanchedanchharner.com Signature(s)of All Property owner(s),or signature of Attorney for all property owner(s): anziuk w. Name: Edward Hardig, Manager for . ' my Development LLC 131 South Taylor Street South Bend,Indiana 46601 (574)807-0170 E-Mail Address:N/A 6 ,- t ■ 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. • For PARK AND RECREATION FUND,the sum of$xxxx on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$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. Member of the Common Council Attest: Signing of ui`s `Jill w o:i;y to ptotoe an opportunity for public heat. and Caul;do on V*bout City Clerk • Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 ,at o'clock .m. Deputy City Clerk Approved and signed by me on the_day of ,2 ,at o'clock .m. . Mayor, City of South Bend, Indiana • • • i Filed in Clerk's Office t x READING AuG, 10 2015 PUBLIC HEARING 3 rd READING JOHN V{30?gi%' NOT APPROVED cm CLERK SOUTH BEND,IN EFERRED ....«.,....,.�,...,.. ?ASSED A 1200NCOUNTY-CITYBUILDING V �7 ' �� % ` PHONE 574/235-9216 227 W.JEFFERSON BLVD. ' J�\\ �rn �y sd„ _ FAx 574/235-9928 SOUTH BEND,INDIANA 46601-1830 _e� � 7 1865 j CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 19, 2015 Mr. Tim Scott President, South Bend Common Council 4th 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 Govermnent 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 1St read filing with the Common Council for the council meeting on August 24, 2015,2' reading and public hearing at the council meeting on September 28,2015, with 3'"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, Filed in Cinrk's Office Nr: H.Murphy City Controller / J�. 19 2015 JC*n. 1/009 DE CMCLERIC,sso;,*!-N BEND,IN fl- • 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 IL 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 . er its passage by the Common • Council and approval by the Mayor. Member�I u E. -•. ommon Council Attest: Sning of this l is only to provide an opportunity for public heatkv and City Clerk Council ate on hi Sus Presented by me to the Mayor of the City of South Bend,Indiana on the day of 2_,at o'clock .m. • City Clerk Approved and signed by me on the day of ,2 at o'clock, .m. Mayor,City of South Bend,Indiana Filed in Clerk's Office 1x READING �...._ I'il(` 19 c9.015 rw PUBLIC HEARING 3 rd READING -4164;14 itathiL NOT APPROVED CITY CLERK,SOUTH BEND,IN :PERP.ED PASSED 104 A■1411,4,eke. ' 1/0. 1200N Cotsm-QTY BUILDING \�\ PHONE 574/235-9216 ty 227 W.JEFFERSON BLVD. W��\�de'ce%/ FAX 574/235.9928 SOUTH BEND,INDIANA 46601-1830 5\ •wS 'ate+,: 1865 : CITY OF SOUTH BEND PETE BUTTTGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 19, 2015 Mr. Tim Scott President, South Bend Common Council 4th 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 Pt 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 3rd 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. Flied in C trk'e Office J H. Murphy City Controller I.T3 19 2015 i> - ,;QORDE CITY CLERK,4OUTH BEND,IN ger �ts ti 03. `4 3-(S7 • 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. N Member of the Common Council Attest: Signing of tit fy:ii iS on4e to provide an opporamity for public and Council aeon lite has City Clerk Presented by me to the Mayor of the City of South Bend,Indian on the day of , at o'clock .m. Deputy City Clerk Approved and signed by me on the _day of , ,at_o'clock .m. Mayor,City of South Bend,Indiana I Filed in Cfsp�'k's Office 10 READING t S' I l __..,.._.,..� AUG UBLIC HEARING L'J Z,015 3rd READING NOT APPROVE JOthsg itOO"iOi&; REFERRED CITY CLERK,SOUTH SEND,IN PASSED - "- 1200N Courrry-QTy BUILDING 227 W.'EMERSON BLVD. i ti) *\ /�d PHONE 574/235-9216 Fax 574/235-9928 SouTH BEND,INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 19, 2015 Mr. Tim Scott President, South Bend Common Council 4th 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 1St 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, Filed it aeries Office Jo H. Murphy —City Controller 19 Zfl 1 5 �W V' 40ORD4 CITY CLERi. LOUTH BEND,IN f( ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $29,167 FROM CENTRAL SERVICES FUND (#222), $5,180 FROM HALL OF FAME DEBT SERVICE FUND (#313), $16,464 FROM GIFTS,DONATIONS & BEQUESTS FUND (#217), $40,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $210,000 FROM LOCAL ROAD & STREETS FUND(#251), $8 FROM EXCESS WELFARE DISTRIBUTION FUND (#252), $1,700 FROM HUMAN RIGHTS GRANT FUND (#258), $2,250 FROM CUMULATIVE CAPITAL IMPROVEMENT FUND (#407)AND $190,040 FROM CEDIT FUND (#408). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2015 operating and capital budgets in 2014 (Ordinances#10331-14 passed on October 27, 2014) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision Of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2015 and set apart within the following designated funds for expenditures as follows: Fund Amount Central Services Fund(#222) $29,167 Hall of Fame Debt Service Fund (#313) 5,180 Gifts, Donations &Bequests Fund (#217) 16,464 Law Enforcement Continuing Education (#220) 40,000 Local Road & Streets Fund(#251) 210,000 Excess Welfare Distribution Fund(#252) 8 Human Rights Grant Fund(#258) 1,700 Cumulative Capital Improvement Fund (#407) 2,250 CEDIT Fund(#408) 190,040 TOTAL $494,809 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval o• • . 6 b''.`",;')" ```F'x ` `�Member� - '.mmon Council JrR�'b .or p0 aria coma eta-4 on tie Wm Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2015 at o'clock_ . m. Deputy City Clerk Approved and signed by me on the day of , 2015 at o'clock . m. Mayor, City of South Bend, Indiana Filed i� er °& Office it READING yt l~t� SEP ;51 PUBLIC HEARi: 3 rd READING val'AHEV gash ceit NOT APPROVED CITYCLERX.,SOUTH DEND,IN REFERRED ...... PASSED City of South Bend,Indiana September 2015 Additional Appropriation Requests-Civil City Funds (Increase or decrease in total fund expenditures) September 8,2015 Budget Department Fiscal Officer/ Account Project Increase/ Fund Name Name Account Name Contact Name Number Number (Decrease) Justification Central Services ;SustalnabJlty !Solar Grant Expenditures I CEastman 1-222-0616-41&3932 — 29,167 iSetup_grant expenditure account to track expenditures of grant proceeds for solar grant — —I 29167 fI (Hall of Fame Debt Service Fund principal and interest is budgeted based on a debt amortization schedule.The !actual lease rental paid by the City may be slightly different due to trustee funding requirements. The debt service is Hall of Fame Debt Service _Debt Service Debt Service-Interest J.Hockenhuli ;313-0401-472-38.02!_ — l 5,1801 paid from a small property tax levy,PILOT.CEVET and other sources. _-.— —_.. _ __— i I 1 _ 6.160 1 Gifts,Donations&Bequests Animal Control ;Material BEquipment S.Timble '2171207-015-03-09 — _ 5000 For DNR compliant pre-release aviaries for rehabilitated birds of prey 1 To cover property taxes on o r P rty property transferred to City;money received from entity in prior year but not Gifts,Donations 88equ_mats CommunityInvesMent MISCCherges&Services J.March 2i]-1201.41539.89_-_= 1464;encumbered. I ._ 1 ' 16,464 L- _. .. _, Cont.Law Enforcement EtlurPOlice iEducalion BTrammg _ KGIowacki220-0801-02139]0 — 1 40,000Subtoam'ngtInsWIXO(Developm¢ni ShootingRewnsWCAanBCrime Scene InvesOgaUpn Training _-1 40 000 Subtotal I —_ y Purchase and Dosing costs for in order Building wi widen the comer eels to and Sample(in corporation with DCq. LSRS will pay at for the purchase of the building in order to widen the streets to allow for commercial truck traffic.After acquisition. Local Roads and Streets Public Works i Capital Improvements C.Eastman 1251-0608-031-02-96 _ — 210,000 DCl wi ll pay for the demolition of the property. ---"-- I whit_. i _ - j 210000!subtotal __.. Excess Welfare Distribution Police/Fire !Other Operating Supplies T.Skwerkan 252-0801421-22-24; — 81CIOSa out account by allocating final$8 to radio billing from Central Services(interest earnings) I �_ _— 8 Subtotal - __._. with Human Rights Grant Fund [Human Rights Outside Printing Services J Hockenhull 256-1090-015-33-011— _ 1,500 To spendremaining2014 grant monies not originally budgeted Human Rights Grant Fund Human Rights ;Outside Pnntinp Services J Hockenhull 258-1090-015J9A91 — 200 To spend remaining 2014 grant monies not ort ig^ally budgeted ICCI Fund Century Center debt prtndple and interest is budgeted based on a debt amortization schedule. The actual Pease rental paid by the City may be slightly different due to trustee funding requirements.The debt service is paid I • Cumulative Capitallmproveme Debi Service Debt Service-Interest J.Hadenhull !40]-0401-41547-11� — 2,250(from hotel motel tax,cigarette tax and rental charged. — — whit i __ 2,260) -- Econ.Dev.Income Tax iAdmin and Finance i Debt Service-Pdncpal d Hockenhull I 4080401-015.38.01 -- 100000'Changein amortization schedule for Parks EDIT bond from semi annualpayments to monthly p ments. Econ.Dev.Income Tax IAdmin and Finance I ebt Semce-Interest J HockenhulT4080401- 53802! 80,040 Tatai payments will remai n the same over the life of the bond,however,It wit!be paid off 6 months nadvance. ( 1900401 Subtotal Grand Total_ ! 494809 -- -- I • 0 "11 • se RI r f 0. • 7D 0-1 a 9 n. c: a a' I 0 tot . • ca,,11 caa c = S September 2015 Budget Amendments 9/9/2015 Pagel goUTN............... it 1200N COUNTY-CITY BUILDING -t \ -�j 2 PHONE 574.235.9216 227 W. JEFFERSON BLVD. W \ �c.�," y FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1830 ��, ' 2; 0 1865 R CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 8, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W.Jefferson Boulevard, 4u Floor South Bend, Indiana 46601 RE: September 2015 Appropriation Ordinance–Civil City Funds Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015,we plan to propose adjustments during four time periods—March, June, September and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 15`reading on September 14,2015 with 2nd reading,public hearing and 3`d reading scheduled for September 28, 2015. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7678. Regards, ka. J H. Mursi City Controller CC: Pete Buttigieg, Mayor rifled Clerk's Office James Mueller, Chief of Staff Brian Pawlowski, Deputy Chief of Staff rr p - !Q15 Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney JOHN YOOtSDa Jennifer Hockenhull, Deputy City Controller CITY CLERIC,SOUTH BEND,IN ( ---(o 6 6JA )3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $129,900 FROM WATERWORKS BOND CONSTRUCTION FUND (#623), ($1,500,000) FROM SEWAGE O&M FUND (#641), $2,500,000 FROM SEWAGE DEPRECATION FUND (#642), AND $1,500 FROM SEWAGE WORKS SINKING FUND (#649). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2015 operating and capital budgets in 2014 (#10323-14 passed on October 13, 2014), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2015 and set apart within the following designated funds for operational expenses as follows: Fund Amount Waterworks Bond Construction Fund (#623) $ 129,900 Sewage O&M Fund(#641) (1,500,000) Sewage Depreciation Fund (#642) 2,500,000 Sewage Works Sinking Fund (#649) 1,500 TOTAL 51.131,400 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval oft - ayor. Member of i' o nmon Council Attest: swung ofttis isG^Wt MOS VI opporturty fOr PAC ttes and City Clerk Couttladiscatiala;se Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2015, at o'clock . m. City of South Bend,Indiana September 2015 Additional Appropriation Requests-Enterprise Funds (increase or decrease in total fund expenditures) September 8,2015 Budget Department Fiscal Officer/ Account Project Increase/ Fund Name Name Account Name Contact Name Number Number Decrease Justification I Bond Construction Fund —rWatervro ka iReaair Parts ; R Lawson 1 6234:640-415-23.21-5: - - 28,300'Pinhook Projects final contractor payment release Bond Construction Fund naterworks Water Meters_ I R.Lawson_L623-0640-015-235 _ i 7,3000rdered and acquired one last grouping of water meters Bond Construction Fund-11Naterworks :Ergnearing_ R.Lawson 623-0640415-31-061 -- 1 2,100 1Pinhook Project's final engineeringpayment Bond Construction Fund "Waterworks _!Equpment Repairs R Lawson 623-0640415-36-201 --- - t --.- p -- I 25,600 Plnhook Projects final contractor pamenl release Bond Construction Fund ;Waterworks iBulltling Improvements R.Lawson !623-0640<15-0202T3W008 25,200!Plnhook Project's final contractor payment release - Bond Construction Fund "Waterworks Com uter Equip 8 Networkm•' -.—{. Computer R Lawson 623-0640415-43-10 13W006 29200 Pinhook Project's final contractor payment release Bond Construction Fund !Waterworks 1--Equipment R Lawson 6230640-0154310 13W008! 5,200;Subtotal Project's final contractor payment release -- --- - --- -- - 4 729,900!,Sublotal -- I Unable to use funds tunes:below for sewer linking,manhole rehab-will use for Wastewater Seconds Sewage 08M Wastewater Sonlractual Service_Other C.Kuahal 641-0621-79263-351 - (1.500,000)1 Improvement Project below_ 7 1- L—_ 0,500,000} - . I . .. _ Sewage Depreciation Wastewater Treatment 8 Disposal Equ:pmei C.Kuahal 6426630-0154366 - 1,500,000_ "Wastewater Seconds Im rovement Capital Project funded with 08M funds er above � --. r?_P Project -_--____- — Wastewater Secondary Improvement Capital Project-$11.9 million dollar total cost;most of the cost is being Sewage Depreciation Wastewater ITrealmenl 8 Disposal Eguiyme_C_KUahal 642-0630415-0366' 1,000,0001 paid bythe 2012 Sewer Bond. 2,50_0,000 1 - — — C Sewage Works Sinkm�Fund Wastewater Paying Agent Fee C.Kuahal 649-0630-472-38-03 1 -`- t 5 -- r -- I - 00(Paying agent fee higher than buuetetl -- -_._-L � C H 1,5001 .- _I 1i Grand Total - 7 131 400! • Q P 4 _ 0 6-', 1 5- Z � f cQ iPQ C3 2 R' September 2015 Budget Amendments 9/9/2015 Panel S W.TN At 1200N COUNTY-CITY BUILDING (VW. /�G d PHONE 574.235.9216 227 W. JEFFERSON BLVD. w FAX�� y FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1830 :411e‘ 1865 R CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 8, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: September 2015 Appropriation Ordinance–Enterprise Funds Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015,we plan to propose adjustments during four time periods—March,June, September and December. Based on our budget review,we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1s`reading on September 14, 2015 with 2nd reading,public hearing and 3rd reading scheduled for September 28, 2015. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7678. Regards,„^ JMn H.H. Murphy City Controller Filed in Clerk's Office CC: Pete Buttigieg,Mayor James Mueller,Chief of Staff SEP 9 2015 Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel JOHN Vot.L Aladean DeRose, City Attorney CITY CLERK EOM SEND,IN Jennifer Hockenhull, Deputy City Controller " " L'IPPTV ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances#10331-14 passed on October 27, 2014 and #10323-14 passed on October 13, 2014) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2015. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approva b the Mayor. Member t e ommon Council Attest: Signing d IA IS only to prokfiria opporan fc p_:S,F„ kspej and City Clerk Council a i o im . Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock Deputy City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. st READING -t (-t J Mayor, City of South Bend Indiana--- lffiCE: UBLIC HEARING rd READING _ �' �� --9 Z015 !OT APPROAD _ EFERRER JUiie. IASSE[2 _..a CITYCLERK,SOUTH fIEND IN City of South Bend,Indiana - September 2015 Budget Transfers (budget transfers between expenditure categories or departments within the same fund) September 8,2015 Budget Department Fiscal Officer! Account Protect Increase Fund Name Name Account Name Contact Name Number Number (Decrease) Justification � .. _._ H -_-I .-1 _ . _L .—r- ; General Fund !Police Departrnent Rgular Wages K.Glowacki :101-0801-021-10.01 I_ (150000)ITO move unspentsalanexpers to cover costs that were not anticipated during General Fund -IPOIice department Leegal KGlowad! 1101-0801-021-31-01 _( 100000!Levi costs h,gher than expected General Fund Police Department IComitter Equipment __- K.Glowacki:101-0801-021.36-041 L_ 30,00-0[police software system updates covered by unspent regularwags -- General P olice Department +Misc.Charges&Services_ I K.Glowacki 101-0801-421-39-891 _ ! 20000 Department security camera system covered byunspentregulsrwaqes-- -1--- i I 1- O'Subtotal - - - I ____ -_ I ' -- t__ MVH (Streets SalVWinter Material T Swift 202-0607-431 23-0O -'- --'- - - - --- MVH --- _-- ._- - I 1580001.Inueasebutlget to account to iheerialp purchases of saltforfhe 201.5-201 2014-2015 MVH Streets BUildingeSlreet Maintenance T.SwiX 1202-06W-03136-Oi (700g0)_'Reallocate funds to cover salWnMer material DUrchases - - -- -'- 6winter venter depleted reserves MVH _t Streets _ Egui(ent Rental T SwRI 1 2020607.43137-O - 1 (28000)Reallocate funds to cover salt/enter materialpurchases MVH _ ]Streets [Capital-F&__ T.Swig 202-0607_-431-43-011 - .! (60,000)Reallocate funds to coversalWnnter material purchases -- _._�_ __ _.. _L_-.__-�. L 0]Subtotal _ -- ---tY -- Y A C Eastman 222-060541910-02 - Central Services 1Sustainabrli IHoud Wages y �- Central Central Services -� --- - F [_(1,440);Je a ervicessuppolt of Sustamability summer intern _ _- Sustalnability $lCA.Regular C Eastman 1 222-061641911-03 1440 Central Services support of Sustainabigsummer intern Central Services ISustainability _ jFICAR ular C Eastman_ 222-061641911.01L _j115) support of$ustainabili summer inter eR i_ 175 Central Services su In Central Services iSUStalnabil ly_ FICA Regular C.Eastman 1222-0616419-11-01 115 Subtotal -- - - 0 _ - - T'- Central Services Centel Services Small Tools&Equipment 1 M W sniewaki 224.0605419 23-201 - - j 29190 Colum a purchased -- - -- _. column lifts budgets s new,instead m rebuilt Items and traded in old item -' Central Services ]Central Services 'Wilding Rurchases 1 M Wsniewskl 224-0605419-36401 -L (29950)COlumnlppdats for Sample Sneeadp garage for Grepairs and traded in old darn Central Services !Central Services LEmMmg_- _ 1 M WisniewskI 224-0605419-33-011 - B95o nspent�dstusfrn8xmda Street pamge for CNG repairs _ Central Services Central Services Equipment Purchases --- - -M Wsniawskl 224-0605-01943-10J (8950)_Unspen7 funds used for updates - -- - t I I OySubtotal ---- Liability Insurance IAimin B Finance ;OlheeparatinpSupplies I PennjpMe J226-0403-645.22-24 - , 6000 To transfer funds tor additional Oly expense - - Liability Insurance !Admit)&Finance___ 'Workers Comp-__ -' Penny Price 1226.0418-671-34-29]-__-'. (6,000)ITo transfer funds for additional supper expense -r- - - -- 1---__ 0 Subtotal__ r Local ROatlB Streets !Traffic&Lghhng ITraiOC/Signa/Omer C.Eastman �51-0fi08-031-22 80,00_0!Create traffic tletecforloops in coma's account Local Road&Streets 'Traffic Lighting __Trafc Signal Maintenance CEaslman 251-0608431-3667 _L_-I (80000)Traffic detector loops approved in this account in error(BPW June 23_3015) --- 1 FederalDw Enforcement p 9 !Federal Dru EmOmeme Police E ul merit K Glowacki 299-0801421-d3-O6! -- ------ a es&Se -�_ -_i 400M forspe!savings in Misc Services cover purchase or hand held narcotics 8explasrve sensing again Federal Drug Enforcement ;Federal Dmg_EnforcenceMlsc Charges&Services 1 KGlom& 12990801421-39-89 - i (40000)Ifor special operations. - 1 -u --i---_ _ --- --_- Port Fund Commonly Investment Capital Imp Streets B Alleys ,loon March 1404 1001480.42-03 I COIT Fund -Y - y _j__(248500Z Transfer unspent funs to rover items below COIT Fund Communes Investment Grants&Subsidies John March 4041001-06039.30 n 14500.iTO cover Facade Matsfor Grants__ - _ COmmun�lnvestmenl Propert�Manegemenls John March 4041001-060J9E4. 1035�TO cover hol0in costs for vacant properties _.-.I-1 .__ O lSubfotal �'- ProP_- COIT Fund -Police Department Central Services Gas K Glowdclei-I 404-0801421 220 i_ (O o00tran=ter arts nt funds to cover items below COIT Fund 'Police Department jComputer Equipment KGlowadv 1404-080142736-04 -r- 135000 Various police investigative software and server storage space - COIT Fund Police Department -Auto Repair I K Glowacki 1404-080142136-031 85000'Autorepeir higher due to 2014 vehicles received in 2016''radio installation budgeted in 2014 for these vehicles �_ ._ - _.--I_- _.I - J- OSubtotal -_ COIT Fund dmin&Finance �Telephonegpense J Hockenhull 404-061743132-04 I_-100000!Increase telephone expense due to higherihan budgeted costs _ — COIT Fund Admin&Finance !Equipment J Hackenhulli 404-0672.415-43-0� 100000!Use unspent funs to cover under budgeted telephone expenses L___ -- P _ F —i Subtotal . r_ I 0 S bttl- ___ _ _ _-J. ._ _ Consolidated Building Depanimg Code Enforcement I Motor Equipment S.Timbre 600-1201415-03-021 - I 40000 To purchase a vehicle to upgrade the Beet Consolidated Building Oepa and Code Enforcement ;Central Services Gasoline _ S.Timbre 16001201415-22011 1 (15000)_Transfer unspent funs to cover cost of new vehicle - - Consolidaln Building DepartrlC�oda__Enforcement !AUtomphve Equpment S.Timbre '6001201-015-36.0311 -I. (25000)'Transfer unspent funs to cover cost of new vehicle -1 - -- --.y I 0!Subtotal '- Parknq_Garage Funtl 1-Community Investment ;Repairs Malnt-Braiding J.March I601IW62-64536.01 I 0,00011Transfer unspent funds to cover cost of waterproofing -'-- Harking Garage Fund ,CommunibeinvesimentsCapdal lmn Buildings J March 601-0464645-02-021 S �--'-'- -- 1__ - I (210949)IWansrprofingat Wayne Street cost of waterproofing Parking_Garage Fund ICOmmuniy Investment Repmrs B Mains-Building- J.March 601-0464-64538.01 --- 210 949 Wate roofs at Wa rte Street Gare a came in et a hi her rice than budgeted _I- ) I m g y s 9-_p g_ _ _ 1 _ t- _ o subtotal Water Works Operation_ VJeter Works__ IRepars BMaintsuppties �_RoxanneLawson,LL62006 4060323-10L ' 230154NecesBm�repaework is needed to maintain water treatment Water Works operations ;Water Works ;Contractual-Services I Roxanne Lawson16206640603a1- - equipment 351 14,300!Additional money is needed to fund Water Duality 8 Regulatory compliance agreement September 2015 Budget Amendments 952015 City of South Bend,Indiana September 2015 Budget Transfers (budget transfers between expenditure categories or departments within the same fund) September 8,2015 P Budget Operations :Wafer Works Nme Re airs Account N lies Roxanne_ c Lawmen Account Number Increase) --- Number Number (Decrease) JustflIcatIon Water Operations Mater Works Plumbin Contractors 'Roxanne Lawson 620-0640-604-23-10 - 21500+ecessary repair work is e needed to maintain water VeaMant equipment Fiscal Officer/ Fund Name Name Account Name Contact Name ---- I A_ -620-0830]111-022 _' (58815)Annual expenditures are pm18cted to be less this year -- 1 -I I 0 4SUblotal Sewage Operations - _ J I_- I Wastewater !Bad Expense CKurzhal _641-0650-751]4-011 500 iTra feu nspenteyearto year,difficult st of-bad deft hutlget_eetls S>ewage�eraeons Wastewater [Contractual Services C Kurzhal '641-063079383-35 - (500)! Transfer---I � ! ( ),Transfer unspantfuntls to cover cost of bad debt -- _ g SewageWOrksCapilal Wastewater _Other Professional Services CKurzhal X642-0630-01531-06 - T--- ---- --- "— ---- --- .-. _ _.__. i 1853 Transfe unspe aiddsmwrongcOinf above invoice account In 2015. SewaE Works Capital Wastewater 'Miscellaneous Equpment CKurzhal rt642-0630-0t5-03-10 p -- --- .--.. (1853)Jrensierunspent funds to covermst of above invoice —i 0 1 — ry p -__ _._._. .-_3_._ Century Center Capital Fund IEr Sawn sBOn Bond Issuance Costs C Kinnard 671-0406-64531-15' ..._ Y A _i .-j 735IMusferrnspent Conservation to cov Bost Issuancenvoice ames8Thornburg �' D Ene Satin se0n0 'OlherO cretin Su lies C Kinnam 6]i-0406-64522-24 ----- —_ enW Center Capital Fund _rg� g_ . 1 P 9_PG _ _ -. --_I_--_. p351Trans/er unspent funtl$lo rover cost of above invoice I -k —_L__-_- 0� - _ - Fire Pension I Fire Pension lather Professional Services G Elps 701-0903845-31- 3 000:Cost of state re aired actuarial report the Fire Pension Plan prepared b PWC Report required for CAFR: _.- , -� WI T.— nt i os P P-l Po raa . Fire Pension Fire Pension Fire Pension Health Insurance GElli; 1]01-090370111-08f 1 (3000)�Trensfer unspentNntls to cover cost _. 0: Police Pension !Police Pension - -""- r - - - - - 'Other Professional Services D Pinkert 17020803fd531-06 ! .3,000.Cost of state-required s to cover for the Police PensionPlanprepared by PWC. !Sort required for CAFR. Police Pension 'Police Pension ;Pensions Current Year '_D_pnckertfl 702-0803702-10-08I - (3,000)1Transfer unspent hinds to cover cost 1 I aF gnpioyee Benefits 'Employee Health Clinic_iMtheoal Claims Supplies PPnce 711-04258712224! 24001Toappprpriate funs for flu shots for clinic Empl�eeBenefits �Admin&Finance 'Medical Claims_ P.Price 1911-0401871-34-1] _ : (2400)ITO�ropriate funds for flu shots for clinic_ - ---I---- - -_.-- _ I 0 I --- --- _ -- I Grand Total p; • • • September 2015 Budget Amendments 9/92015 :•.•4gouTxgE+•. 1200N COUNTY-CITY BUILDING 1F\\ /� -° PHONE 3 S:Sdx .,nx,y_ 227 W. JEFFERSON BLVD. `Vw�� ' �� Y FAX 574.;;,9928 SOUTH BEND,INDIANA 46601-1830 `.r� gfie 2. 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 8,2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard,4'"Floor South Bend, Indiana 46601 RE: September 2015 Budget Transfer Ordinance Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015, we plan to propose adjustments during four time periods—March, June, September and December. Based on our budget review, we are submitting the enclosed ordinance for transfers between various departments and cost categories within the same funds for your consideration.No additional appropriation is requested in this ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for ls`reading on September 14, 2015 with 2"d reading,public hearing and 3rd reading scheduled for September 28, 2015, Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7678. Regards, J H\.�.u 111� Jo Mrph City Controller flied in Clerk's Office CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff 177 M 8 2015 Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel JOHN VOORDi; Aladean DeRose, City Attorney CITY CLERK.SOUTH tIEND,1N Jennifer Hockenhull, Deputy City Controller 0 AS . 6 �L ( c( 6-( s Substitute Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW 311 CALL CENTER FUND#279 AND AMENDING CHAPTER 2,ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The City of South Bend 311 Call Center is a recent, successful service, commenced in 2012. With one easy phone number (311), citizens can ask questions or report non-criminal concerns about any matter within the City of South Bend, and the concern is addressed. The City's 311 Call Center is a separate City Department, presently having 6.5 full time, budgeted employees. The accounting for costs and services of the 311 Call Center's has been done within General Fund #101, Account No. 101-0104. User fees are assessed to the various City Departments in relation to the number of calls required to handle citizen issues of each Department. It is in the interest of government transparency and fiscal efficiency to create a separate fund to handle the costs and expenses of the City's 311 Call Center. This ordinance establishes a new and separate Fund #279 for that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. A new Fund #279 to be known as the "311 Call Center Fund" is hereby established for the purpose of receiving user fees from various City Departments and appropriating those funds for expenses of the City's 311 Call Center. SECTION II. Chapter 2, Article 14 of the South Bend Municipal Code is hereby amended to add a new Section 2-170.16 which shall read in its entirety as follows: Sec. 2-170.16. 311 Call Center Fund. Effective January I, 2016, the 311 Call Center Fund (No. 279) is established to receive pro rata fees from various City Departments to be used to defray the expenses of the City of South Bend 311 Call Center. SECTION III. This ordinance shall be in full force and effect on January 1, 2016 after its passage by the Common Council and approval by the 4 o Member, Bend Common Council Signing of this biti is clay to provide an its public heisting and Attest: Could ado"m VS bars City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed iF Office . It READING l�-I S1 s'f' 1 1� iv to 1 PUBLIC HEARING 3 rd READING CITY GLEN ,SUi.�'1 H 4`JE�,IN NOT APPROVED 'FERRED �� .. . SSED 1200 COUNTY-CITTBUILDINGUT � 227 W.JEFFERSON BOULEVARD 6�$- +�',,_ SOUTH BEND,INDIANA 46601-1830 FA 574/235-7670 � FAX 574/235-7670 I° * i° TnY 574/235-5567 :eV; PEACE Cf- CITY OF SOUTH BEND PETE BU EFIGIEG,MAYOR DEPARTMENT OF LAW CRISTAL C.BRISCO CORPORATION COUNSEL. AI.ADEAN M.DEROSE CITY ATFORNEY September 11, 2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Second Substitute Bill Creating New 311 Call Center Fund (No.46-15) Dear Council President Scott: On August 24, 2015, City Controller John Murphy filed Bill No. 46-15 to create a new Fund # 279 for the City's 311 Call Center, and a substitute was filed yesterday. A second substitute of that ordinance is now attached which changes the title to reflect that the South Bend Municipal Code is being amended. Controller John Murphy will make the necessary presentation of this second substitute bill. Thank you for your assistance. ,Sincerely, Aladean M. DeRose, City Attorney c: John H. Murphy Kathleen Cekanski Farrand Cristal Brisco Filed In r Office c, CI P1°�LEFt.F, ciiiiil u;ND,IN BENJAMIN NJAMIN J J.DOUGHERTY T._.. ._. ND_. HUNTINGTON ELLIOT A.ANDERSON BEN AMIN .DOUGHERTY' ANDREA HUNTI TASHA REED OUTLAW J STEPHANIE STEELE 6 N cc— rr'' RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP (MAYFLOWER-WESTERN ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Portage Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 8.8 acres of land now containing a restaurant and single family homes, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 19.5% contiguous, generally located on the southwest corner of Mayflower Road and Western Avenue. It is anticipated that the annexation area will be used for a restaurant and grocery store. This development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non- capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography,patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Portage Township, St. Joseph County, Indiana be annexed to the City of South Bend: A part of the Southwest Quarter 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 Mayflower Road and the existing Corporation line for the City of South Bend; thence South along said Centerline and Corporation line a distance of 588.90 feet more or less; thence West along a line which is parallel to and 20 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 50 feet North of the Northeast corner 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 200 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 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. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use, or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit, and any improvements in sewer or water capacity to be paid for by the developer in compliance with state and local law; that the developer will create a surface water pollution prevention plan and obtain a storm water discharge permit prior to disturbing the land; that retention basins and low impact means to promote infiltration of surface water will be required at developer's expense; that no new roads or streets will be required, but that a traffic impact analysis will be needed in the future; that the City can provide basic street lighting with expenses for additional or decorative lighting to be paid by the developer with possible maintenance and operation of additional lighting by the City from property tax revenue. Section IV. Site planning and building design of the annexation area should be consistent to the greatest extent possible with the West Side Main Street Streets Revitalization Plan for Western Avenue; and sidewalks should be provided along public streets with careful consideration to pedestrian, bicycle, and bus (as applicable) circulation, and in compliance with the Americans with Disabilities Act(ADA). Section V. It is required as a condition of annexation that any future alterations to the property meet the City of South Bend's building and zoning requirements. Section VI. This Resolution shall be effective from and of the date of adoption by the Common Council. Member, South Bend Common Council sin dti t - ca � and opportigpi b - ' a tiaglig Council sctical Filed in Clerk's Office SEP. 1 6 2015 :•`(F._EN'fEL) NOT APPRO. JOHN SOUTH . CITY CLERK,SOUTH BEND,IN ADOP'[ia.- SpV T}18�. \�I��i 1/iicO :. 227 W.JEFFERSON BOULEVARD h �Il �%j y PHONE 574/235-9371 SUITE 1400 S. U \c7.7111/4:7.- ; dl; FAX:574/235-9021 SOUTH BEND,IN 46601-1830 W\�� V'>/a' h" 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR September 16, 2015 Tim Scott, President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Portage Township (Mayflower-Western Annexation Area) Dear Councilman Scott: I am attaching for filing the above resolution,which is a companion to Bill No. 34-15. That bill proposes to voluntarily annex contiguous territory in Portage Township to the City of South Bend. This resolution provides for the Common Council's approval and adoption of the written plan and policy concerning the provision of services, both capital and non-capital,to the territory to be annexed. This 8.8-acre annexation area contains eleven parcels at the southwest corner of Mayflower Road and Western Avenue. All public improvements, if any,will be required to be done at the expense of the developer. I request that the attached resolution be placed on the September 28, 2015, agenda of the Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting, as well as the Zoning&Annexation Committee hearing, as the presenter. If you have any questions,please feel free to contact me at 235-5843. Thank you. Sincerely, — p ' Filed in CiAr?s's Office Michael P. Divita SEP. 116 2015 Planner .- - JOHet VOi7'cD7. CITY CLERK,SOUTH(TEND,IN cc: Janice Talboom, City Clerk's Office PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCKZEEB Exhibit "A" THE CITY OF SOUTH BEND FISCAL PLAN MAYFLOWER-WESTERN ANNEXATION AREA Prepared by City of South Bend Department of Community Investment 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 September 12, 2015 Mayflower-Western Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION 3 SECTION II. GENERAL DATA 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning& Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership &Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES 6 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA 11 SECTION V. FISCAL IMPACT 12 Fiscal Impact: TABLE 1 SECTION VI. APPROVAL 14 Legal Description 15 Map: MAP 1 16 Mayflower-Western Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in Portage Township, St. Joseph County, Indiana (hereinafter, "Annexation Area"), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located at the southwest corner of Mayflower Road and Western Avenue. See Map 1. B. Legal Description The Annexation Area is part of the Southwest Quarter of Section 8, Township 37 North, Range 2 East, in Portage Township, St. Joseph County, Indiana. For a complete legal description, see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 588.9 feet 19.5% Non-Contiguous 2,437.0 feet 80.5% Total 3,025.9 feet 100% D. Size of Annexation Area The Annexation Area is approximately 8.8 acres in area. Mayflower-Western Annexation Area 4 E. Buildings and Land Use The Annexation Area contains one restaurant and seven single-family houses. The houses would be demolished for a proposed grocery store. F. Zoning&Subdivisions The eleven properties in the Annexation Area are currently zoned "R" Single Family District (nine properties), "B" Business District (one property), and "C" Commercial District (one ' property) in St. Joseph County. With the annexation petition, the petitioner is seeking to rezone the entire Annexation Area to "CB" Community Business District in the City. The Annexation Area is subdivided within Grouse's Addition. The petitioners plan to replat the properties into a single large lot. G. Population Zero (0) people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate& Impact The tax rates used are those of 2014 payable 2015. The total tax rate for unincorporated Portage Township is 2.9418 per$100 of taxable real estate. The total tax rate for South Bend Portage Township is 5.9952 per$100 of taxable real estate. Per State law, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: _Properly Type Cap Homestead Residential 1.0% Non-Homestead Residential 2.0% Agricultural 2.0% Other (Commercial) 3.0% For at least the four years after the effective date of the annexation,the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdivisions, this annexation is expected, for at least four years after the effective date of this annexation, to have a negligible impact on Mayflower-Western Annexation Area 5 the finances and tax revenues of South Bend and other political subdivisions to which the proposed annexation applies, on the political subdivisions in St. Joseph County not part of this annexation, and on taxpayers not part of this annexation. I. Parcel Ownership&Assessments Parcel Assessed Identification Address Parcel Owner Value Number (Total) 17-1034-0928 56546 Hollywood Blvd. County Development LLC $ 53,200 17-1034-0933 23530 State Road 2 County Development LLC $187,700 17-1034-0934 56576 Hollywood Blvd. County Development LLC $ 56,700 17-1034-0935 56586 Hollywood Blvd. County Development LLC $ 38,700 17-1034-0936 56660 Hollywood Blvd. County Development LLC $ 3,000 17-1034-093601 23580 Huron Street County Development LLC $ 4,100 17-1034-0950 56575 Mayflower Road County Development LLC $ 2,800 17-1034-0951 56575 Mayflower Road County Development LLC $ 29,800 17-1034-0952 56589 Mayflower Road County Development LLC $ 63,500 17-1034-0953 56605 Mayflower Road County Development LLC $ 53,400 17-1034-095401 23562 Huron Street County Development LLC $ 79,400 Total Assessments Land: $136,600 Improvements: $435,700 Total (Gross): $572,300 Total (Net): $518,188 Assessments are based on 2014 payable 2015 St. Joseph County property tax records. J. Municipal Legislative District • The Annexation Area will be in the 6th District. K. Hiring Plan It is not anticipated that this annexation will result in the elimination of jobs for employees of any other governmental entities. The Portage Township Trustee has been notified of this proposed annexation. Mayflower-Western Annexation Area 6 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - A 10"-diameter sanitary sewer pipe in Huron Street runs through the Annexation Area and connects to Scenic Drive east of Mayflower Road. Also, an 8"-diameter pipe provides service to the existing restaurant within the Annexation Area. No additional expenditures will be needed to extend sanitary sewer facilities. Development of the site requires a drainage plan. The site does not have a public storm sewer, ditch, stream, or other surface water outlet available. Retention basins and low impact means to promote infiltration of surface water will be required. The developer will be required to create a surface water pollution prevention plan and obtain a stormwater discharge permit prior to disturbing land. Water-The South Bend Water Works currently has a 10" water main on the south side of Western Avenue that crosses Mayflower Road to provide service. This water main will provide adequate service to the Annexation Area. Because the Western Avenue line is a dead-end water main from Summit Drive, Water Works recommends installing a water main from the existing stub on Mayflower Road to the existing line at Scenic Drive and Clearview Place to loop the service. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22-2, I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - No street lighting is currently provided on the streets within the Annexation Area. Lighting through an ongoing contract with Indiana Michigan Power can provide street lighting on wood poles with overhead wiring at a capital cost of$5,000 or less. If the developer wishes to construct and dedicate additional street lighting, especially of a decorative nature, the City may accept it for maintenance and operation, supported by property tax revenue. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. Streets - No new public streets are proposed as part of this annexation. The eastern half of the adjoining Mayflower Road right-of-way is already within City limits. The balance of the Mayflower Road right-of-way would be annexed. Huron Street is to be vacated by the petitioner prior to the annexation. As the Annexation Area does not immediately abut Western Avenue or Hollywood Boulevard, those right-of-ways are not part of the proposed Annexation Area. A traffic impact analysis will be needed for the site to provide safe, efficient traffic movements in and out of the site on arterial streets. The analysis will predict the need for additional traffic Mayflower-Western Annexation Area 7 lanes, positions of driveways and access points, or regulation of traffic generated by a grocery store. Any necessary improvements, including the provision of turn lanes and sidewalks, would be done at the petitioner's cost. No public capital expenditures to extend sweeping or snow removal service are anticipated. 2014 Actual Budget Report for the Department: Expenditures: $14,384,741 Miles of Roadway in City: @512.7 Cost per Mile: @$28,057 New Mileage within Area: @0.12 miles (615 feet) Estimated Maintenance Cost for Annexation Area per year: @$3,367 Mayflower-Western Annexation Area 8 B. Police Department The Annexation Area would be added to the existing Beat 28. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The addition of this Annexation Area will not significantly increase response time within the beat. The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2014 Actual Budget Report for the Department: Expenditures (including pension cost): $38,343,234 Number of Households in City(2010): @39,760 Cost per Household: @$964 Number of Parcels in City(2015): @48,290 Cost per Parcel: @$794 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 11 Cost for Annexation Area per year: $8,734 (11 parcels x $794/ parcel) Mayflower-Western Annexation Area 9 C. Fire Department Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire department. The Annexation Area will be serviced primarily by Fire Station #6, located at 4302 Western Avenue, approximately 0.9 miles away. Approximate response time for a non- emergency call is three minutes. Additional Fire Department units would respond from Fire Station #4 at 220 N. Olive Street, which is approximately 2.5 miles away, and from Fire Station #5, located at 2221 Prairie Avenue, which is approximately 3.8 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary as development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medic #4, which is at Fire Station #4, located at 220 N. Olive Street (approximately 2.5 miles away). The area would also be served by Medic #3, which is at Fire Station #2, located at 402 Dr. Martin Luther King Jr. Drive (approximately 3.8 miles away) and Medic #5, also at Fire Station #4. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2014 Actual Budget Report for the Department: Expenditures (including pension cost): $35,825,136 Number of Households in City(2010): @39,760 Cost per Household: @$901 Number of Parcels in City(2015): @48,290 Cost per Parcel: @$742 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 11 Cost for Annexation Area per year: $8,162 (11 parcels x$742/ parcel) D. Code Enforcement The Annexation Area will be added to Area 7. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Mayflower-Western Annexation Area 10 Department will respond to calls for service upon the effective date of the annexation. Full and dedicated response will be in place within one year of the effective date of the annexation. 2014 Actual Budget Report for the Department: Expenditures: $2,146,654 Number of Parcels in City (2014): @48,290 Cost per Parcel: @$45 Proposed Number of Parcels in Area: 11 Cost for Annexation Area per year: $495 (11 parcels x $45/ parcel) E. Environmental Services Wastewater Treatment-Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Larger scale industrial, commercial, and apartment customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste is able to provide service to small commercial customers at$12 per month, or the prevailing rate at that time, for a 96 gallon container with service beginning on the effective date of the annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Parks & Recreation. These services are available upon the effective date of the annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St.Joseph County Health Department,the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County/South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Mayflower-Western Annexation Area 11 SECTION IV. LAND USE ANALYSIS& DEVELOPMENT CRITERIA This proposed annexation will add to the City of South Bend all or parts of eleven parcels, comprised of a combination of commercial, residential, and vacant land. The petitioner plans to replat the property into a single lot for a proposed grocery store and the existing restaurant. The Annexation Area is presently zoned "R" Single Family District, "B" Business District, and "C" Commercial District in unincorporated St. Joseph County. A small commercial strip center zoned "C" Commercial District in unincorporated St.Joseph County is located to the north. Also to the north, across Western Avenue, is a church and school zoned "B" Business District and "R" Single Family District in the County. To the east of the Annexation Area are two businesses zoned "GB" General Business District and three houses zoned "SF1" Single Family and Two Family District, all in the City. To the south are a tavern and a house zoned "R" Single Family District in the County. To the west, across Hollywood Boulevard, are four houses zoned "R" Single Family District in the County. The Annexation Area is located at the southwest corner of Mayflower Road and Western Avenue. Both of these streets provide strong regional access and have interchanges on the St. Joseph Valley Parkway. With this accessible location, heavier commercial land uses are found in the area. Even though the proposed land use may be consistent with the general character of the area and its development trends, the petitioner should adequately screen its site from immediately adjoining residential areas, especially to the west. While maintaining the existing restaurant for the present time, the petitioner proposes the removal of the single-family houses and accessory structures to build a grocery store. The preliminary site plan shows the restaurant, a new grocery of 39,893 square feet and a parking area providing 361 spaces. The combined site will have driveway approaches from Mayflower Road, Western Avenue, and Hollywood Boulevard. The petitioner should give careful consideration to pedestrian, bicycle, and bus (as applicable) circulation, both internal to the site and connecting to nearby areas, as part of its site planning. Sidewalks should be provided along public streets. To the greatest extent possible, site planning and building design should be consistent with the goals of the West Side Main Streets Revitalization Plan for Western Avenue. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Mayflower-Western Annexation Area 12 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2)The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2014 payable 2015 tax information, taxes paid in previous years by comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8)The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Mayflower-Western Annexation Area 13 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital Non-Capita l Notes 5-Year Total (Est.) Per Year(Est.) Street Construction $0 $0 Connection at Sewer Extension $0 petitioner's $0 expense Connection at Water Extension $0 petitioner's $0 expense Street Lights $5,000 $5,000 Street Maintenance $0 $3,367 $16,835 Police $0 $8,734 $43,670 Fire $0 $8,162 $40,810 Code $0 $495 $2,475 Approximate 5-Year Expenditures $108,790 Revenues Notes Total (Est.) 5-Year Total Year 1 $9,775 Year 2 $4,764 Property Taxes Year 3 $35,320 $120,499 (to City) Year 4 $35,320 Year 5 $35,320 MVH/LRSA Estimated at revenue $2,352 $11,760 per mile of$19,600 Approximate 5-Year Revenues $132,259 Revenue estimate based on $187,700 net assessment and capped tax rate of 3% of $187,700 gross assessment for the restaurant for all years, plus for the grocery store site, $384,600 net assessment and capped tax rate of 2% of$384,600 gross assessment in Year 1, $55,000 net assessment and capped tax rate of 2% of$55,000 gross assessment in Year 2, and $1,500,000 net assessment and capped tax rate of 3% of$1,500,000 gross assessment first taxable in Year 3. Mayflower-Western Annexation Area 14 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2015. Mayflower-Western Annexation Area 15 LEGAL DESCRIPTION A part of the Southwest Quarter 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 Mayflower Road and the existing Corporation line for the City of South Bend; thence South along said Centerline and Corporation line a distance of 588.90 feet more or less; thence West along a line which is parallel to and 20 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 50 feet North of the Northeast corner 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 200 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 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. Mayflower-Western Annexation Area 16 MAP 1 Mayflower-Western Annexation Area I ,,, .it . ,,_,,,,,,,fir,,,,,-,-,:-,,- -; I 1� I E .4_ I—_�'� 11111 West -1 1 1 to o I o ._- i iL A i7f3' `tl, 'I .ir r ilr II N — �II (I i' j i I i I I r II I L i t (. f E1 0 125 250 500 ®City of South Bend -Mayflower-Western Annx Area incsa Feet Prepared by City of South Bend Department of Community Investment September 12.2015 FiledIrretippries Office ? 62015 Jthit i vOU'D CITY CLEW:,SOUTH BEND,IN 6 ( li PG f f-m(r6 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5115 Dylan Drive, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FedEx Ground System, 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 5115 Dylan Drive, South Bend, IN 46628 and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et 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 Signing of l;f4Z L7.1 L'3 ALWAd& an opporsacki for pu??'d in6FokiN and Council Wks M,F Filed in C!erk'a Office 7,0_, 2 t 715, NOT APPROVW JoHiq CITY CLERK,SOUTH BEND,IN -, L( &u- c- ? RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 East St. Vincent Street, South Bend, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR James and Susan Farrington WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as: 802 East St. Vincent Street, South Bend, IN 46617 and which is more particularly described as follows: THE WEST HALF OF LOT NUMBERED 83 AND 14 FEET OF THE NORTH SIDE OF LOT NUMBERED 84 IN EDWARD SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS, VIZ: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 83, SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL; THENCE RUNNING SOUTH, 66 FEET; THENCE EAST ABOUT 111.55 FEET TO A PUBLIC ALLEY; THENCE NORTH, 66 FEET TO THE NORTH LINE OF SAID LOT; THENCE WEST, ABOUT 111.55 FEET TO THE PLACE OF BEGINNING, AND 14 FEET TAKEN OFF OF AND FROM THE NORTH SIDE OF THE WEST ONE HALF OF LOT 84, SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.,and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1- 12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area(plus any areas previously designated under this subsection)will not exceed ten percent(10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council L Cf.tland ccar,L)c13 Nora Filed in CPer °'s Office LEP .,@ x015 rte, PR°SENTED NOT APPRO JOHN VooFFDi-_ CITY CLERIC,SOUTH SEND,IN ADOPTl .. 6ti- ll Po sit RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RESCINDING RESOLUTIONS 4353-14 AND 4361-14 WHICH DESIGNATED CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR (4) YEAR REAL PROPERTY TAX ABATEMENT WHEREAS, a petition for real property tax abatement had previously been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 211 West Washington Street, South Bend, Indiana which is more particularly described as: Lots 239 & 240 & Vac Alley W&Adj OP and which has Key Numbers 018-1008-0321 be designated as an Economic Revitalization Area under the provisions. of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, the property owner previously petitioned the Common Council for real property tax abatement consideration for the purposes of refurbishing and renovating such building systems as elevators, plumbing and heating systems which had an expected investment amount of$3,000,000 over a two year period; and WHEREAS, the Common Council previously adopted Resolution 4353-14 on April 28, 2014 designating the real property as an Economic Revitalization Area under Indiana Code § 6- 1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq.; and WHEREAS, the Common Council held a public hearing for the purposes and the public hearing before the Common Council and determined the qualifications for an economic revitalization were met; and WHEREAS, the Common Council previously adopted Resolution 4361-14 on May 12, 2014 which determined that the property owner is a qualified for and granted a real property tax deduction for a period of four(4) years; and WHEREAS, such refurbishing and renovation have not commenced and the property owner now intends to increase the scope of the rehabilitation and has submitted new petitions for tax abatement to reflect the greater investment; and US.99336782.02 WHEREAS, the Common Council desires to rescind Resolution 4353-14 and Resolution 4361-14 in order to permit the property owner to submit new petitions for tax abatement; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby rescinds Resolution 4353-14 adopted on April 28, 2014 in its entirety. SECTION II. The Common Council hereby rescinds Resolution 4361-14 adopted on May 12, 2014 in its entirety, including its memorandum of agreement. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Nik Member of the Common Council S'g 'h'N SIB V NJ t.-:f a_.3y b provide an opporS?m Car publiz a and Council acts ca keis Filers `, =- `s Office PRESENTED cr.°:� 2 2015 NOT APPRO&t JON' OOP TED CITY CLER`�:. ?5C=t;T H BEND,IN 2 U5.99336782.02 227 W.JEFFERSON BOULEVARD , I /(! / „F„ �s �/ y PxoNE:574/235-9371 SUITE 1400S. u FAx 574/235-9021 SOUTH BEND,IN 46601-1830 'v��c at. c _x l865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR September 22, 2015 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Vacant Building Tax Abatement Petition for: The Tower at Washington Square,LLC Dear Council Member Ferlic: Please find the attached information pertaining to vacant building and real property tax abatement petitions for The Tower at Washington Square, LLC: ➢ Department of Community Investment's summary report ➢ Copy of the petitions ➢ Statement of Benefits forms ➢ Supporting information. The report contains the Department's findings relative to the above petitions. As detailed in the accompanying Tax Abatement Report, for each separate petition, the petitioner is requesting exceptions to the local ordinance as allowed by State law. A representative from The Tower at Washington Square, LLC will be available to meet with the Committee on Monday, September 28, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-9339. Sincerely, Bffrock DirectorEconomic Resources Filed El" ^!T'S Office I :IP 22 2015 CITY Ct.E:e. , s:ju s H i1END,IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAM PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: The Tower at Washington Square,LLC DATE: September 22, 2015 Attached please find the petitions of The Tower at Washington Square LLC (the "Petitioner"), seeking real property tax abatement for the real property within the City of South Bend, Indiana, commonly known as 211 West Washington Street (the "Property"); In order to permit Petitioner to increase the scope of the rehabilitation of the Property, Petitioner requests that the Common Council rescind Resolution 4353-14 adopted on April 28, 2014 by the Common Council and Resolution No. 4361-14, adopted on May 12, 2014 by the Common Council which previously designated the Property as an Economic Revitalization Area for the purposes of tax abatement and only for a period of two (2) calendar years. As part of the increase in scope of rehabilitation, the Property shall be subdivided into four (4) separate tax parcels based upon the designated use of each tax parcel. The designated uses of the parcels shall be(i)a hotel; (ii)parking garage; (iii)retail; and(iv)residential apartments.Upon the subdivision of the Property,the Petitioner expects that each parcel will be owned by a separate entity, each affiliated with the Petitioner. The Petitioner requests a vacant building deduction for the parcel designated for a hotel. At this time, the Petitioner also requests a deduction for real estate improvements for the parking garage and the retail uses. The Petitioner expects to file a petition for the apartment use at the next Common Council meeting. The requested tax deduction for the hotel, parking garage and retail is set forth in the tax abatement schedule in each petition. The Petitioner requests that the Common Council now consider the three(3)petitions filed herewith.The Petitioner requests that Common Council consider the petitions and adoption of the related declaratory resolutions prior to such subdivision.The Petitioner shall provide the Common Council with the key numbers for the new parcels prior to the Common Council's consideration of confirming resolutions. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEES The Common Council should note the following exceptions to the local ordinance being requested for each petition: • Tower-Hotel ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a two year vacant building tax abatement. Petitioner is requesting a ten year abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution • Tower-Retail ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a six year real property tax abatement. Petitioner is requesting a ten year real property abatement ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution • Tower-Parking Garage ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years ➢ Project would qualify for a three year real property tax abatement. Petitioner is requesting a ten year real property tax abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution The Common Council should also note the following business case considerations for allowing an exception to the local ordinance: • The building is the most prominent building in downtown and requires substantial investment to cure mechanical and structural deficiencies • The proposed use fits in with the overall pan for the downtown • The proposed deal structure requires no public cash investment PROJECT SUMMARY FOR THE THREE REQUESTED ABATEMENTS ➢ Total project taxes during ten year abatement period—$4,134,637 ➢ Estimated taxes being abated during ten year abatement period—$2,789,447 ➢ Total taxes to be paid during ten year abatement period—$1,345,190 EMPLOYMENT IMPACT Per the petitions, it is estimated that the total project will: ➢ Create 83 permanent, full-time jobs in the ten year abatement period,representing a new annual payroll of$2,699,715 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with a previous abatement. 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 does not meet the qualifications for a ten year real property tax abatement under section IC. 6-1.1-12.1-4.8 and requests an exception to the local ordinance. Fired fn . , -5 °Mae nr") 2 p. "rii5 i k.,..: t.. .„,t1 S t. t cinrciLfe„,., ,i. :, .,:tt lika I • RESULTS 100% 100% 90% 85% 85% 85% 85% 60% 60% 60% • 18 pay 19 I 19 pay 20 I 20 pay 21 I 21 pay 22 I 22 pay 23 I 23 pay 24 I 24 pay 25 125 pay 26 I 26 pay 27 I 27 pay 28 Base Taxes Parking Garage 70,038 70,038 58,047 58,047 58,047 58,047 58,047 58,047 tax paid Tax abated Hotel - - 56,047 58,047 604,456 7,518 11,278 11,278 11,278 11,278 30,073 30,073 30,073 142,849 640,048 Retail/Commercial 13,693 13,693 11,348 11,348 11,348 11,348 11,348 11,348 Residential 60,103 60,103 45,886 45,886 45,886 11,348 11,348 118,173 45,886 45,886 45,886 45,8855.6,55 45,886 487,292 New Taxes 352,]]0 Parking Garage - - 1,677 2,516 2,516 2,516 2,516 6,708 6,708 6,708 31,863 142,765.25 Hotel - - 22,868 34,302 34,302 34,302 34,302 91,472 Retail/Commercial - - 703 1,055 1,055 1,055 1,055 2,813 91,472 2,813 91,472 2,813 434,490 13,359 1 959,58.43 Residential - - 11,337 17,006 17,006 17,006 17,006 45,349 45,349 45,349 215,409 988,578.55 695,121 3,137,978 ' Total Paid 2,047,891 Total Abated 3,778,026 Total Taxes 5,825,917 5,825,917 formula check ni1 0 t ate' rt a 'i s i • 1 ((� s ?(S, iz ![ ai!k }M" f / pay i z VI = A m i .ctJ 0° - if= gel 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 211 West Washington Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HOTEL LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 211 West Washington Street, South Bend, Indiana which is more particularly described as: Lots 239 &240 & Vac Alley W &Adj OP and which has Key Number 0181008-0321 be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has US.78539049.02 reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-4.8, which provides for a deduction for an eligible vacant building. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-4.8 addressing the rehabilitation and occupation of a vacant building. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an - 2 - US.78539049.02 Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. The Common Council determines to make the three (3) calendar year designation rather than the two (2) calendar year designation due to the size and scope and the complexity of the rehabilitation of the property. SECTION VI. The Common Council hereby determines pursuant to Indiana Code 6-1.1- 12.1-17 that the property owner is qualified for and is granted a property tax deduction for a period of ten (10) years as provided in the following alternate abatement schedule: Real Property Year Abatement 1 100% 2 100% 3 90% 4 85% 5 85% 6 85% 7 85% 8 60% 9 60% 10 60% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member e Common Council LES tt . [7:::2 2 2015 Par APPROVED RIFID iet-;• ;t00 ME - 3 - crn'c't. ri;6, aOUTH BEND,IN US.78539049.02 ....,.�........--•---- 227 W.JEFFERSON BOULEVARD t ;' /%'\ PHONE:574/235-9371 SUITE 1400 S. 'ci \\..„,, o; FAX:574/235-9021 SOUTH BEND,IN 46601-1830 m W a'= a CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR September 22, 2015 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Vacant Building Tax Abatement Petition for: The Tower at Washington Square,LLC Dear Council Member Ferlic: Please find the attached information pertaining to vacant building and real property tax abatement petitions for The Tower at Washington Square, LLC: ➢ Department of Community Investment's summary report ➢ Copy of the petitions ➢ Statement of Benefits forms ➢ Supporting information. The report contains the Department's findings relative to the above petitions. As detailed in the accompanying Tax Abatement Report, for each separate petition, the petitioner is requesting exceptions to the local ordinance as allowed by State law. A representative from The Tower at Washington Square, LLC will be available to meet with the Committee on Monday, September 28, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-9339. Sincerely, Brock( b Director Economic Resources File e'` ` '7 Office CZP 22 2015 Jinc- CITY cc.E:a.I:, au,i 14.EZEND,IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: The Tower at Washington Square,LLC DATE: September 22, 2015 Attached please find the petitions of The Tower at Washington Square LLC (the "Petitioner"), seeking real property tax abatement for the real property within the City of South Bend, Indiana, commonly known as 211 West Washington Street (the "Property"). In order to permit Petitioner to increase the scope of the rehabilitation of the Property, Petitioner requests that the Common Council rescind Resolution 4353-14 adopted on April 28, 2014 by the Common Council and Resolution No. 4361-14, adopted on May 12, 2014 by the Common Council which previously designated the Property as an Economic Revitalization Area for the purposes of tax abatement and only for a period of two (2) calendar years. As part of the increase in scope of rehabilitation, the Property shall be subdivided into four (4) separate tax parcels based upon the designated use of each tax parcel.The designated uses of the parcels shall be(i)a hotel; (ii)parking garage;(iii)retail; and(iv)residential apartments.Upon the subdivision of the Property,the Petitioner expects that each parcel will be owned by a separate entity, each affiliated with the Petitioner. The Petitioner requests a vacant building deduction for the parcel designated for a hotel. At this time, the Petitioner also requests a deduction for real estate improvements for the parking garage and the retail uses. The Petitioner expects to file a petition for the apartment use at the next Common Council meeting. The requested tax deduction for the hotel, parking garage and retail is set forth in the tax abatement schedule in each petition. The Petitioner requests that the Common Council now consider the three(3)petitions filed herewith.The Petitioner requests that Common Council consider the petitions and adoption of the related declaratory resolutions prior to such subdivision. The Petitioner shall provide the Common Council with the key numbers for the new parcels prior to the Common Council's consideration of confirming resolutions. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB • The Common Council should note the following exceptions to the local ordinance being requested for each petition: • Tower-Hotel ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a two year vacant building tax abatement. Petitioner is requesting a ten year abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution • Tower-Retail ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a six year real property tax abatement. Petitioner is requesting a ten year real property abatement ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution • Tower-Parking Garage ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years ➢ Project would qualify for a three year real property tax abatement. Petitioner is requesting a ten year real property tax abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution The Common Council should also note the following business case considerations for allowing an exception to the local ordinance: • The building is the most prominent building in downtown and requires substantial investment to cure mechanical and structural deficiencies • The proposed use fits in with the overall pan for the downtown • The proposed deal structure requires no public cash investment PROJECT SUMMARY FOR THE THREE REQUESTED ABATEMENTS ➢ Total project taxes during ten year abatement period—$4,134,637 ➢ Estimated taxes being abated during ten year abatement period—$2,789,447 ➢ Total taxes to be paid during ten year abatement period—$1,345,190 EMPLOYMENT IMPACT Per the petitions, it is estimated that the total project will: ➢ Create 83 permanent, full-time jobs in the ten year abatement period,representing a new annual payroll of$2,699,715 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with a previous abatement. 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 does not meet the qualifications for a ten year real property tax abatement under section IC. 6-1.1-12.1-4.8 and requests an exception to the local ordinance. [r —.1 I CITY CEER,:, a ,, :f.,..Liq RESULTS 100% 100% 90% 85% 85% 85% 85% 60% 60% 60% 18 pay 19 19 pay 20 20 pay 21 21 pay 22 22 pay 23 23 pay 24 24 pay 25 25 pay 26 26 pay 27 27 pay 28 Base Taxes tax paid Tax abated Parking Garage 70,038 70,038 58,047 58,047 58,047 58,047 58,047 58,047 58,047 58,047 604,456 Hotel - - 7,518 11,278 11,278 11,278 11,278 30,073 30,073 30,073 142,849 640,048 Retail/Commercial 13,693 13,693 11,348 11,348 11,348 11,348 11,348 11,348 11,348 11,348 118,173 Residential 60,103 60,103 45,886 45,886 45,886 45,886 45,886 45,886 45,885.65 45,886 437,292 N 1,352,770 New Taxes Parking Garage - - 1,677 2,516 2,516 2,516 2,516 6,708 6,708 6,708 31,863 142,765.25 Hotel - - 22,868 34,302 34,302 34,302 34,302 91,472 91,472 91,472 434,490 1,946,775.75 Retail/Commercial - - 703 1,055 1,055 1,055 1,055 2,813 2,813 2,813 13,359 59,858.43 Residential - - 11,337 17,006 17,006 17,006 17,006 45,349 45,349 45,349 215,409 988,578.55 695,121 3,137,978 Total Paid 2,047,891 Total Abated 3,778,026 Total Taxes 5,825,917 5,825,917 formula check r 4 rr i I !f Its) s !J y^.. a t± try ". O a� q iD City of South Bend O�c�pLTrl b�iG Petition for Incentives _ Petition must include a$250 filing r $ f' g fee payable to the City Clerk's Office or online via the City's website at http://southbendin.gov/government/content/lax-abatement before processing can be complete ribs General Information Project Name Tower-Hotel Project Number Legal name as registered with Secretary of The Tower at Washington Square LLC State Business structure Limited liability company Company website Proposed Project Information Proposed project address 211 West Washington Street Parent company name City,State,Zip I South Bend,IN 46601 Legal owner ne Tower at Washington Square LLC Site acreage or acreage required 0.36 acres Is the real estate owned or owned leased Square feet of facility 132,500(Hotel) If leased by whom n/a •rimary Contact Information Primary company contact name Liberty Angeliades Title Manager Address of company contact 5-44 47th Avenue,3rd Floor Phone 718.786-5555 city,State,Zip Long Island City,NY 11101 Email thetoweratwashingtonsquarellc @gmail.com Senior Official Information Company senior official name ! betty Angeliades Title Address of company contact(if different from Phone above) same as above City,State,Zip Email onsultant Information/Agent Hired business consultant/agent name Mark Neal Consultant release(Y/N) , Address 112 W.Jefferson Blvd,Suite 300 Local econoapproval l(Y/N)development partners I n/a City,State,Zip South Bend,IN 46601 Email mneal @bradleyco.com •roject Overview • Brief description of your Private developer purchased building for purpose of redevelopment. The building's age and significant deferred company,project,and why the maintenance issues have made the building obsolescent without a complete modernization of building including property is necessary for mechanicals,HVAC,windows,other internal systems,parking garage and exterior as well as new finishes of all interior economic growth spaces. The building is the most prominent building in downtown South Bend and its locatio ain r t miket d an important community asset central to the City's continued revitalization. The redevelopment fprti bpdated mixed usei project will be a catalyst for additional downtown development. The building will pr ide a new hotel,residential_ apartments,retail space and a refurbished parking garage(including parking for pu tic use). r. ' r 4 `^ ++ CITY (, LERj .. Certified Technology Park appropriate Community Revitalization Enhancement District . Certify that the Building Permit has not been Number of residential units created by_ issued(YIN) oroiect see separate petition If this is a petition for personal property tax abatement,has cs the equipment been installed Investment Details Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What IS the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? iJa No not yet determined not yet determined New Project Investments Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022 Land Acquisition Building Lease Payments Building Purchase Costs New Building Construction Existing Building Improvements s 500,000 $10.786,774 New Machinery&Equipment Special Tooling/Retooling New Furniture/Fixtures S 3,958,500 New Computer/IT Hardware New Software On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs refained Total hourly Cumulative Si of net NEW full time Hourly average wage,w/o Total training Total 9 to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2015 r'a ■ __- 2016 2017 62 �. 2018 62 2019 62 2020 62 2021 62 2022 62 2023 62 2024 62 2025 62 2026 62 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers 12.00-15.00 12.00-15.00 Technical Managerial 28.85-48.08 Administrative T, owl .e t e in•vi•ua responsi•e or coor•m ating wit WorkOne on recruitin;? n/a Does your company have an EEO hiring policy? S Are you an EEO employer? yt'S Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year n/a n three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black _-_--_ Hispanic __--_- Asian Indian ______ Female _-_--- Other _----_ S EA Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information Is required on both the construction companies and the companies which will provide materials purchased for this project. complete the table below with the appropriate Qualify Please com A pproprlate information. If Earned Points Available Points - you qualify for the points,please enter the full amount of available (Yes or No) points 1 Construction Mated(Contractors]: V A. Employ Local Companies(75%) y 20 20 B. Purchase Materials from Local Companies(75%) y 20 20 C. Require Employees vs.Independent Contractors y 19 19 - D: • Require Prevailing Wage(Davis Bacon) 22 E. - __ Require Health Benefits 22 • F.-- Require Pension Benefits 18 Meinlalp Affirmative Action Plan y 20 20 _ -, JSub=total Construction Related: 79 141 2 _ Wage&Benefit Related(Owner): :A--. Pay Target Wage Levels y 33 33 B:. _ Provide Health Benefits y 34 34 C. Provide Pension Benefits y 29 29 - 0. Provide Training y 28 28 E. Provide Child Care 1S F. Provide Transportation Assistance t4 • C. Provide Employer Assisted Housing program 9 Sub-total Wage&Benefit Related: 124 162 Workforce Related: A. . Create New Jobs , 42 42 B. - Retain Existing lobs 41 C. • Maintain Affirmative Action Plan y 35 35 - - D. = Provide Targeted Hiring Preference 34 Sub-total Workforce Related: . 77 152• 4 Support a Municipal Facility: _ - - Support a 5B Munkipal Fact y(donations to the A - . - zoo,conservatory,museum,etc) 84 Name of Faolity I5ub-total Municipal Facility: $4 Sub-total from Above: 260 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Count3 Fthe City. of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-22.1-1,et se4Ca • South Bend Municipal Code Sec.2-76 et sea„for this petition state the above. iiJ • Submitted By: �.yfL�a7AIM fir //.. Date: 09/11215 a What is the current assessed value? Real Property: 2,506,121 Personal Property: What is the projected assessed value? Real Property: Personal Property: What is the tax key number for this project? 018 10013-0321 What is the six digit NAILS code? 531190 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One 63,657 Year Two 70,041 Year Three 109,676 Year Four 69,701 Year Five 69,242 Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. Ise or N) Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Super Size Projects(point values are cumulative: A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 0 131 Total front Applicant Section: 539 Total from Staff Section: 85 461 Total Public Benefit Points: 365 1000 Supplement to Petition for Incentives Frequently Asked Questions We are frequently asked to explain the following questions,in an effort to clarify we are providing answers below. 1)How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office http://southbendin.gov/government/ Attn:Deputy City Clerk content/tax-abatement 227 West Jefferson Blvd.•Suite 400 S South Bend,Indiana 46601 2)Certified Technology Park appropriate?(Page one,under project overview) In the South Bend area there are only two Certified Technology Parks,Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3)Community Revitalization Enhancement District?(Page one,under project overview) The map below outlines the CRED area,please check to see if you fall within the boundaries. �' NCREeD District Boundary ___ I Grace =� _' sa,d, South Ford O/ever pory .`¢a T - - - --- .� a N Jc Poland Dunham .ii x t Fisher — r_t: 1,.1 La sample — m Ohio c,Kerr 8 L Garet 'c j �`. e IT..nn Stull / m 3, r.w-- l' - t Broadway I " m r`d d x Haney �6 n Legend u / Y ,§ N m Indwna I. n Q CREeD Distract 1 c.3 �° E ■ry\ r . Indiana U r 1 I South Bend Parcels a § 4) Has any 504 funding been received? (Page one,under investment details) 504 Funding is a loan that come 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 574.235.5842 or email at sheintzetsouthhendin.gov J Pf4 t!� ��` Z� 4" �;� STATEMENT OF BENEFITS 2oPAY2a_ VACANT BUILDING DEDUCTION S �;;, Siete Form 65182 iR/2-14} < G FORM SS•1 f VBD `•,,� ' Prescribed by the Department of Local Government Fina C/�� C �(20,� PRIVACY NOTICE _ This statement Is being completed for real property that qualifies as an'eligible vacant building`as defined by The cost and any specindivdveta IC 6-1.1-12.1-1(17). savvy information is confidential;the ��, rti balance of the fling is public record \. 4 r per IC 6-1.1-12.1-5.1(o)and(d). INSTRUCTIONS: � 41• 1- This statement must bo submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the occupation of the eligible vacant building for which the person wishes to claim a deduction. 2, To obtain a vacant building deduction,a Form 322A/BD must be filed with the county auditor before May 10 in the year in which the property owner or his tenant occupies the vacant building or not later than thirty(30)days atter the assessment notice is mailed to the property owner if it was mailed after-April 10. f/the property owner misses the May 10 deadline in the initial year of occupation,he can apply between March 1 and May 10 of a subsequent year. 3. A property owner who files the Form 322N13D must provide the courtly auditor and the designating body with a Form CF-1N130 to show compliance with the approved Form SB-iNBD. The Form CF-1A/BD must also be updated each year in which the deduction is applicable. -SECTION 1 -----•- -- TAXPAYER INFORMATION --_ — .. ..__. . ...-..-- Name of taxpayer The Tower at Washington Square LLC I Address of taxpayer(number and skeet city,stare,and ZIP code) -- 5-44 47th Avenue,3rd floor,Long Island City,NY 11101 Name of contact person 'Telephone number E-mad address Liberty Angeliades ( 718 ) 786-5555 theloweratwashingtonsquarelle @gmai SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number South Bend Common Council • Location or prope.ly DLGF taxing district number 211 W.Washington St leounty St.Joseph Description of eligible vacant building that the propeny caner or tenant wilt occupy(use arkftiunal sheets if necessary). Estimated occupancy date(month,day,year) Hotel is part of a mixed use building. Hotel was closed In June 2014 shortly after purchase as 01/01/17 building had fallen into severe disrepair and occupancy was less than 10%. Owner intends to Estimated date placed-In-use(month,day,year) refurbish building beginning In late 2015 with re-occupancy to occur in early 2017 01/01/17 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS A RESULT OF PROPOSED PROJECT Current number Salaries Number retained Saieries Number additional Salaries 62 16.87 SECTION ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST _ i ASSESSED VALUE ■ •Current values —. Q.506./of Plus estimated valuos of proposed project 15,245,274.00 Less values of any property being replaced Net estimated values upon completion of project SECTION 5 EFFORTS TO SELL OR LEASE VACANT BUILDING Described efforts by the owner or previous owner to sell,lease,or rent the building during period of vacancy. Owner was unable to lease or rent the hotel beginning in June 2014 as the building's mechanical systems,HVAC and other internal systems had tong term deferred maintenance issues unattended which made it not viable. Deferred maintenance issues subsequently led to burst water pipes causing significant Interior damage. Owner had to ultimately close the building and vacate all tenants to begin a long term revilalziation project Show amount for which the building was offered for sate,lease,or rent during period of vacancy. !List any other benefits resulting from the occupancy of the eligible vacant budding. The building is the most prominent building in downtown South Bend and its location on Main Street make it an important community asset central to the City's continued revitalization. The redevelopment of the building to an updated mixed use project will be a catalyst for i additional downtown development. The building will eventually provide a new hotel,residential apartments,retail space and a refurbished i parking garage(including parking for public use). SECTION G TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Si•n:r a of authorized represe Tile Dale signed(month,day,year) Mir. . / - Manager 09/18/15 i • I — Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years"(see below). The date this designation expires is B. The amount of the deduction applicable is limited to 8 C. Other limitations or conditions(specify) D. Number of years allowed: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5('see below) ❑ Year6 ❑ Year7 ❑ Year8 ❑ Year9 ❑ Year10 E. For a statement of benefits approved after June 30,2013,did the designating body adopt an abatement schedule per IC 6-1.1-12.1-17? ❑ Yes ❑ No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) - Printed name of authorized member of designating body Name of designating body Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. IC 6-1.1-12.1-1(17)"Eligible vacant building"means a building that: (A)is zoned for commercial or industrial purposes;and (B)is unoccupied for at least one(1)year before the owner of the building or a tenant of the owner occupies the building.as evidenced by a valid certificate of occupancy,paid utility receipts,executed lease agreements,or any other evidence of occupation that the department of local government finance requires. IC 6-1.1-12.1-17 Abatement schedules Sec. 17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayer's investment in real and personal property. (2) The number of new full-time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's investment. (b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. (c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 RESOLUTION NO. 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 211 West Washington Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR RETAIL PROPERTY LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council") requesting that portion of the property located at 211 West Washington Street, South Bend, Indiana which is more particularly described as: Lots 239 & 240 & Vac Alley W& Adj OP and which is to be rehabilitated for use as retail property and shall have a separate Key Number assigned upon the subdivision of the parcel into four (4) separate tax parcels and provided to the Common Council be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Us.99336767.02 WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. - 2 - US.99336767 02 SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. The Common Council determines to make the three (3) calendar year designation rather than the two (2) calendar year designation due to the size and scope and the complexity of the rehabilitation of the property. SECTION VI. The Common Council hereby determines pursuant to Indiana Code 6-1.1- 12.1-17 that the property owner is qualified for and is granted a property tax deduction for a period of ten(10) years as provided in the following alternate abatement schedule: Real Property Year Abatement 1 100% 2 100% 3 90% 4 85% 5 85% 6 85% 7 85% 8 60% 9 60% 10 60% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member o he Common Council en Signlagditibbnat fiend i .dam Council ec ms on tal [� Hied ie Cf rk's Office r AESEPNTED NOT APPROVED cr7 22 2015 c Ot D: - 3 - CITY C Er( SOUTH BEND,IN U5.99336767.02 City of South Bend ,„r. rr., Petition for Incentives _' ., Petition must include a$250 filing fee payable to the City Clerk's Office or online via the City's website at http://southbendin.gov/government/content/tax-abatement before processing can be complete r” 5 General Information Project Name Tower-Retail Project Number Legal name as registered with Secretary of The Tower at Washington Square LLC State Business structure Limited liability company Company website Proposed Project Information Proposed project address 211 West Washington Street Parent company name City,State,Zip I South Bond,IN 46601 Legal owner The Tower at Washington Square LLC Site acreage or acreage required 0.36 acres Is the real estate owned or leased Owned Square feet of facility If leased by whom 20,000 (Retail) n;a •rimary Contact Information Primary company contact name Liberty Angeliades Title Manager Address of company contact 5-44 47th Avenue,3rd Floor Phone 718-786-5555 City,State,Zip Long Island City,NY 11101 Email thetoweratwashintons uarellc g q @gmail.com enior Official Information Company senior official name Liberty Angeliades Title Address of company contact(if different from Phone above) same as above City,State,Zip Email onsultant Information/Agent Hired business consultant/agent name Mark Neal Consultant release(Y/N) Y Address Local economic development partners 112 W.Jefferson Blvd,Suite 300 I n/a approval(Y1NI, City,State,Zip South Bend,IN 46601 Entail mneal @bradleyco.com • Project Overview Brief description of your Private developer purchased building for purpose of redevelopment. The building's age and significant deferred company,project,and why the maintenance issues have made the building obsolescent without a complete modernization of building including property is necessary for mechanicals,HVAC,windows,other internal systems,parking garage and exterior as well as new finishes of all interior economic growth spaces. The building is the most prominent building in downtown South Bend and its location on Main Street make it an important community asset central to the City's continued revitalization. The redevelop ant of the building.to an updated mixed use project will be a catalyst for additional downtown development. The building,qiti,prp yide new hotel,residential f apartments,retail space and a refurbished parking garage(including parking 434M.'us ).! •,.Cf c�_t I{ —."..-:—. 1 1 ._,:: 2. 2 ::,''',5 .r. CITY CLL. '• c.ND,IM Certified Technology Park appropriate No '-" Community Revitalization Enhancement No District Certify that the Building Permit has not been y Numher ._f residential units created by issued MN) eroiect see separate petition If this is a petition for personal property tax abatement,has the equipment been installed !Ira • Investment Details Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? ri/a Nn not yet determined not yet determined New Project Investments Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022 Land Acquisition ----- __ Building Lease Payments Building Purchase Costs -------_ New Building Construction -------- Existing Building Improvements ` >...,.J -___-- New Machinery&Equipment Special Tooling/Retooling -_-_--__ New Furniture/Fixtures New Computer/IT Hardware _-___--- New Software On-site Rail Infrastructure ------__ On-site Fiber Infrastructure TOTAL Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lobs retained Total hourly Cumulative#of net NEW full time Hourly averse wage,w/o Total training Total tl to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2015 n/a 2016 2017 20 .... . 2018 20 2019 20 2020 20 `l 2021 20 ""3as•.s':: 2022 20 s -«'.art"•. 2023 20 2024 - 20 2025 20 - . • 2026 20 • Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial 15.00-20.00 Administrative W o wi .e t e m.ivi.ua response.e or coor•matmg wit WorkOne on recruitin•? nra Does your company have an EEO hiring policy? .cs Are you an EEO employer? Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year nia three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black _----_ Hispanic _---_- Asian Indian Female _-_--- Other _-__-- 4 SFp2� C . Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Publ(c Benefit item: Information Is required on both the construction companies and the companies which will provide materials purchased for this project. Qualify Please complete the table below with the appropriate information. If Earned Points AvalJable Points you qualify for the points,please enter the full amount of available (Yes or No) points. 1 Construction f{elt±ted(Contactors): A; Employ Local Companies(75%) ; y 20 20 - - B. Purchase Materials from Local Companies{75%) y 20 20 C. Require Employees Vs.Independent Contractors y 19 19 D. Require Prevailing Wage(Davis Bacon) 22 -- E. Require Health Benefits 22 f. Require Pension Benefits 18 G. Maintain Affirmative Action Plan: y 20 20 IISub-total Construction Rotated: 70 141 2 Wan&Benefit Related(Owner): A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits 34 C. Provide Pension Benefits 29 D.- : Provide Training . Y 2R 28 E. Provide Child Care - 15 F. Provide Transportation Assistance. . 14 G.- Provide Employer Assisted Housing program 9 _1 Sub-total Wage&Benefit Related: 61 162 3.' : - Workforce Related: - A. :_ Create New Jobs - Y 42 42 R. Retain Existing Jobs 41 . C. Maintain Affirmative Action Plan y 35 35 D. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: 77 152 4 - Support a Municipal Facility: Support a SB Municipal Facility(donations to the A' zoo,conservatory,museum,etc.) 84 Name of Facility Isub-total Municipal Facility: 84 • Sub-total from Above: 217 539 The undersigned owners)of real property,located within the City of South Bend,herby petition the Common Coundl of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.0-,6-1.1-12.1-1,at seq.,and South B: d Municipal Code Sec.2-76 et sea„for this petition state the above. Submitted By: Date: 9118115 What is the current assessed value? Real Property: 378,282 Personal Property: iti3 What is the projected assessed value? Real Property: Personal Property: What is the tax key number for this project? ;o be assigned What is the six digit NAICS code? 531103 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One 9,613 Year Two 10,577 Year Three 16,562 Year Four 10,525 Year Five 10,456 Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. (Y or NI Points Points Public Benefit Item: Project Related: 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 ISub-total Project Related: 85 120 6 Super Size_Projectsjpoint values are cumulative): A. 100%to 199% 25 25 B. 200%to 299% 68 68 C. 300%to 399% 65 65 D. 400%and Over 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 217 539 Total from Staff Section: 243 461 Total Public Benefit Points: 460 1000 Supplement to Petition for Incentives Frequently Asked Questions We are frequently asked to explain the following questions,in an effort to clarify we are providing answers below. 1)How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office http://southbendin.gov/government/ Attn:Deputy City Clerk content/tax-abatement 227 West Jefferson Blvd.•Suite 400 S South Bend,Indiana 46601 2)Certified Technology Park appropriate?(Page one,under project overview) In the South Bend area there are only two Certified Technology Parks,Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3)Community Revitalization Enhancement District?(Page one,under project overview) The map below outlines the CRED area,please check to see if you fall within the boundaries. CREeD District Boundary Soulh- Grrx:e Oliver prow — a —~Yi Ford o , Poland - Dunham t = a Fisher • 3 T a Tun ::arnplr Ohio 0 Kerr G st _ Q` lgrrdO' Stull c Broadway U Haney Edward -^' a x r Legend x n N O IrtOfana U 2 x Indiana r E off•;\ n CREeD Dislricl 3 _ N ea [1 South Bend Parcels -- \ 4) Has any 504 funding been received? (Page one,under investment details) 504 Funding is a loan that come 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 574.235.5842 or email at heintzena southbendin,gov A-- 1 /Is seP „ 49..4'...14 STATEMENT OF BENEFITS L_ Z,r�S 20 PAY 20 , •' t; REAL ESTATE IMPROVEMENTS L,i •+ Stale Form 51767(R412.15) r.. �C FORM SBA 1 Real Property Prescribed by the Department of Local Government Finance PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Cede(check one box): The cost end any spec-14 individual's Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) salary Wathe C Is s potai roc rd the balance of U,a CMG.It public record Residentially distressed area(IC 6-1,1-12.1.4.1) per IC 6-1.1.12.1-5.1(c)and(d). INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area poor to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which fho person wishes to claim a deduction. 'Projects'planned or committed to after July 1, f987.and areas designated after July 1. 1987,require a STATEMENT OF BENEFITS. (1C 6.1.1-12,I) 2 Approval of the designating body(City Council, Town Board,County Council,etc.)must be obtained prior to Initiation of the redeveiopment or rehabilitation,BEFORE a deduction may be approved. 3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it 1s'as mailed after April 10. If the property owner misses the May 10 deadline In the fnrtlal year of occupation,he can apply behveen March 1 and May 10 0l a subsequent year. 4, Property owners whose Statement of Benefits was approved after June 30, 1991.must attach a Form CF•11Real Property annually to the application to show compliarlte with the Statement of Benefits. (IC 6.1.1.12.1-5.1(b)and IC 6-1,1-12.1-5.30)j, 5. The schedules established under 1C 6.1.1-12.1-4(d)for rehabilitated property apply to any economic revitalization areas designated after June 30,2000, unless an alternative deduction schedule Is adopted by the designating body(iG 6-1.1-12.1-17). The schedules effective prior to July 1.2000.shall continue to apply to economic revrtalzation areas designated before July 1,2000. SECTION 1 _. • •• - TAXPAYER INFORMATION'-: _ .......... r . Urine oI laxpayer Tho Toe or at Wait-region Square LLC Address or taxpayer(numbw 80d street,dily slake.arid ZIP code) 6.44 47th Avenue,Sort Fba.Long Island City,NY 11101 Nzme ar contact person Telephone nuretor E-nisi address Liti ly MgeSados (1&788-5155 thelawcra MVshtng:onsquare:coignailcarn •i.. SECTION 2 L'OCATiONAND DESCRIP,,TION.OF PROPOSED.PROJECT =:5;'"' ;:':' Name of designating body Rese when number South tiered Common Coorx.tI Location o property County-- DLGF taxing drstdct number 211 W.Wasringbn St St Josepl, Dascepbon or real property improyerrentsTiedevvelopmenl.or rehabi;iiabon ride adeSorrel cheats fl re-cesssry) Estimated star data(month.day year) 09/9115 The btt:drrg'e age aid slgrircenl de'arred mein;ens ice Lsiuis hays R•ale'.'re rw.ilrg o5sotescari ashore a complete medrmVatLos or Miffing%1drx estimated corrdCe0on data(marl dry year) 01101/17 - SECTION 3.=t'= ?'`iE§TIMATEOFEMP.LOYEESANDSA`�ARIESASRESULT:OrPRQP,08E0:PROJECTS=w°y°.'c_:.�..-� s Current number Salado, NU'nbu rd►ined Salaries Number ad(A'onsl Salaries 0 n 20 5200 _SECTION 4:-: . . - tESTItt1ATE0 TOTAL COST%1ND VAW E'OF PROPQSED PROJECT'; ,, • ;.•,• REAL ESTATE IMPROVEMENTS COST ASSESSED V ALUE__ Current values 78, 8 Plus estimated values of proposed project J 202971 Less values of any property being replaced -- Net estimated values upon comptetion of pi•ect SECTION 5 ..WASTE CONVERTED:AND'GTHER.BENEFITS.PROMISEb:BY�7NE TAXPAYER `.'si=z `.`-•. -` '. Estimated solid waste converted(pounds) ._ Estimated hazardous waste converted(pounds) Other benefits ( SECTION 6 - • TAXPAYER CERTIFICATION. • I hereby certify that the representations in this statement are true. S..- :' •o ;vino/tied reprolen.T T.1e Date signed(month,day year) S, ✓. _ 6'.an 5e' 5118115 Page 1 of 2 FORPSE',OF THE IE516NAT(NG BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1.provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate Improvements GB Yes ❑No 2.Residentially distressed areas ❑Yes ®No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. The deduction is allowed for years'(see below). F. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? ❑Yes ❑No If yes,attach a copy of the alternative deduction schedule to this form. We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) { ) • Attested by(signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. If the Economic Revitalization Area was designated after June 30,2000,and is not in a residentially distressed area,the deduction period may not exceed ten(10)years. Page 2 of 2 p O**11,I��I��44 :V. 227 W.JEFFERSON BOULEVARD f,, /�i a SUITE 1400 S. r � PHONX:574/235-9371 Som.'BEND,IN 46601-1830 � `y��i�eScty��i FAx 574/235-9021 1B65 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR September 22, 2015 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Vacant Building Tax Abatement Petition for: The Tower at Washington Square,LLC Dear Council Member Ferlic: Please find the attached information pertaining to vacant building and real property tax abatement petitions for The Tower at Washington Square, LLC: > Department of Community Investment's summary report > Copy of the petitions > Statement of Benefits forms > Supporting information. The report contains the Department's findings relative to the above petitions. As detailed in the accompanying Tax Abatement Report, for each separate petition, the petitioner is requesting exceptions to the local ordinance as allowed by State law. A representative from The Tower at Washington Square, LLC will be available to meet with the Committee on Monday, September 28, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-9339. Sincerely, Brock Zeeb L�/ Director Economic Resources Ott tr` "';%' Office • 2 21015 CITY GLESa, 5i v !-I BEND,IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JIM KAM PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: The Tower at Washington Square, LLC DATE: September 22, 2015 Attached please find the petitions of The Tower at Washington Square LLC (the "Petitioner"), seeking real property tax abatement for the real property within the City of South Bend, Indiana, commonly known as 211 West Washington Street (the "Property"). In order to permit Petitioner to increase the scope of the rehabilitation of the Property, Petitioner requests that the Common Council rescind Resolution 4353-14 adopted on April 28, 2014 by the Common Council and Resolution No. 4361-14, adopted on May 12, 2014 by the Common Council which previously designated the Property as an Economic Revitalization Area for the purposes of tax abatement and only for a period of two (2) calendar years. As part of the increase in scope of rehabilitation, the Property shall be subdivided into four (4) separate tax parcels based upon the designated use of each tax parcel. The designated uses of the parcels shall be(i)a hotel; (ii)parking garage; (iii)retail; and(iv)residential apartments. Upon the subdivision of the Property,the Petitioner expects that each parcel will be owned by a separate entity, each affiliated with the Petitioner. The Petitioner requests a vacant building deduction for the parcel designated for a hotel. At this time, the Petitioner also requests a deduction for real estate improvements for the parking garage and the retail uses. The Petitioner expects to file a petition for the apartment use at the next Common Council meeting. The requested tax deduction for the hotel, parking garage and retail is set forth in the tax abatement schedule in each petition. The Petitioner requests that the Common Council now consider the three(3)petitions filed herewith.The Petitioner requests that Common Council consider the petitions and adoption of the related declaratory resolutions prior to such subdivision.The Petitioner shall provide the Common Council with the key numbers for the new parcels prior to the Common Council's consideration of confirming resolutions. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JI TIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB The Common Council should note the following exceptions to the local ordinance being requested for each petition: • Tower-Hotel ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a two year vacant building tax abatement. Petitioner is requesting a ten year abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution • Tower-Retail ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a six year real property tax abatement. Petitioner is requesting a ten year real property abatement ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution • Tower-Parking Garage ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years ➢ Project would qualify for a three year real property tax abatement. Petitioner is requesting a ten year real property tax abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution The Common Council should also note the following business case considerations for allowing an exception to the local ordinance: • The building is the most prominent building in downtown and requires substantial investment to cure mechanical and structural deficiencies • The proposed use fits in with the overall pan for the downtown • The proposed deal structure requires no public cash investment PROJECT SUMMARY FOR THE THREE REQUESTED ABATEMENTS ➢ Total project taxes during ten year abatement period—$4,134,637 ➢ Estimated taxes being abated during ten year abatement period—$2,789,447 ➢ Total taxes to be paid during ten year abatement period—$1,345,190 EMPLOYMENT IMPACT Per the petitions, it is estimated that the total project will: ➢ Create 83 permanent, full-time jobs in the ten year abatement period,representing a new annual payroll of$2,699,715 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with a previous abatement. 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 does not meet the qualifications for a ten year real property tax abatement under section IC. 6-1.1-12.1-4.8 and requests an exception to the local ordinance. Flied-hn ,,t:„.: Office :E.7 2 ti0 � Ni E CITY Mai.. :;£' ,IN • RESULTS /00% 100% 90% 85% 85% 85% 85% 60% 60% 60% _ 18 pay 19 19 pay 20 I 20 pay 21 21 pay 22 pay 23 23 pay 24 I 24 pay 25 25 pay 26 26 pay 27 27 pay 28 Base Taxes tax paid Tax abated Parking Garage 70,038 70,038 58,047 58,047 58,047 58,047 58,047 58,047 58,047 58,047 604,456 Hotel - - 7,518 11,278 11,278 11,278 11,278 30,073 30,073 30,073 142,849 640,048 Retail/Commercial 13,693 13,693 11,348 11,348 11,348 11,348 11,348 11,348 11,348 11,348 118,173 Residential 60,103 6d,103 45,886 45,886 45,886 45,886 45,886 45,886 45,885.65 45,886 487,292 New Taxes 1,352,]]0 Parking Garage - - 1,677 2,516 2,516 2,516 2,516 6,708 6,708 6,708 31,863 142,765.25 Hotel - - 22,868 34,302 34,302 34,302 34,302 91,472 91,472 91,472 434,490 1,946,775.75 Retail/Commercial - - 703 1,055 1,055 1,055 1,055 2,813 2,813 2,813 13,359 59,858.43 Residential - - 11,337 17,006 17,006 17,006 17,006 45,349 45,349 45,349 215,409 988,578.55 695,121 3,137,978 Total Paid 2,047,891 Total Abated 3,778,026 Total Taxes 5,825,917 5,825,917 formula check -4 rir...."-- w I k. ,1 po p :tti > It ttv ! frt" can oi oc 7I 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 211 West Washington Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR PARKING GARAGE LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council") requesting that portion of the property located at 211 West Washington Street, South Bend, Indiana which is more particularly described as: Lots 239 &240 & Vac Alley W&Adj OP and which is to be rehabilitated for use as a parking garage and shall have a separate Key Number assigned upon the subdivision of the parcel into four (4) separate tax parcels and provided to the Common Council be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and US 99336760.02 WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an - 2 - Us.99336760.02 Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. The Common Council determines to make the three (3) calendar year designation rather than the two (2) calendar year designation due to the size and scope and the complexity of the rehabilitation of the property. SECTION VI. The Common Council hereby determines pursuant to Indiana Code 6-1.1- 12.1-17 that the property owner is qualified for and is granted a property tax deduction for a period of ten (10) years as provided in the following alternate abatement schedule: Real Property Year Abatement 1 100% 2 100% 3 90% 4 85% 5 85% 6 85% 7 85% 8 60% 9 60% 10 60% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the M� t Member of the Common Council 94111113 a " h and heatba public CAai aan G at Fps Flied art Ccwwk's Office PKESENTF€) OT.. 'APPROVE) r 2 2 Z015 - 3 - .Ioh;sVO Tr US.99336760.02 CITY CLERK,SOUTH BEND,IN I City of South Bend rrr rff . Petition for Incentives A' Petition must include a$250 filing fee payable to the City Clerk's Office or online via the City's website at htip://southbendin.gov/government/content/tax-abatement before processing can be complete r 65 General Information Project Name Tower-Parking Garage . Project Number Legal name as registered with Secretary of The Tower at Washington Square LLC State Business structure Limited liability company Company website Proposed Project Information Proposed project address 211 West Washington Street Parent company name city,State,Zip South 1-1-..11(1,IN 46601 Legal owner I The Tower at Washington Square LLC Site acreage or acreage required 0.36 acres Is the real estate owned or owned ,leased Square feet of facility 102,300(Parking Garage) If leased by whom ila •rimary Contact Information Primary company contact name Liberty Angeliades Title Manager Address of company contact 5-44 47th Avenue,3rd Floor Phone 718-786-5555 City,State,Zip Long Island City,NY 11101 Email thetoweratwashintons uarellc g q @gmail.com Senior Official Information Company senior official name Liberty Angeliades Title Address of company contact(if different from same as above Phone above) City,State,Zip Email onsultant Information/Agent Hired business consultant/agent name Mark Neal Consultant release(Y/N) Address Local economic development partners 112 W.Jefferson Blvd,Suite 300 n/a(VN1 City,State,Zip South Bend,IN 46601 Email mneal @bradleyco.com 1Tr 'roject Overview Brief description of your Private developer purchased building for purpose of redevelopment. The building's age and significant deferred company,project,and why the maintenance Issues have made the building obsolescent without a complete modernization of building including property is necessary for mechanicals,HVAC,windows,other Internal systems,parking garage and exterior as well as new finishes of all interior economic growth spaces. The building is the most prominent building in downtown South Bend and its location on Main Street make it an important community asset central to the City's continued revitalization. The redevelopment of the-buirdktgdoan-updated ,«4‘ . project will be a catalyst for additional downtown development. The building will provie0 h4�al,•residentja„ apartments,retail space and a refurbished parking garage(including parking for public tu e�r+ 5 !t. Office " ' 22 2015 -..._ ICITY tJi E i.. 3;ru►ii UfND,IN Certified Technology Park appropriate No Community Revitalization Enhancement No District Certify that the Building Permit has not been ., Number of residential units created by see separate petition issued lY/Nj _2r4k t If this is a petition for personal property tax abatement,has the equipment been installed Investment Details Public Infrasfruciure needs(off- Has any 504 funding been What is the value-of any equipment being purchased in What is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? a No not yet determined not yet determined New Project Investments Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022 Land Acquisition Building Lease Payments Building Purchase Costs New Building Construction Existing Building Improvements 5 750,000 S 1,486,000 New Machinery&Equipment Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New Software On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative#of net NEW full time Hourly average wage,w/o Total training Total ti to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2015 2016 2017 i 1L.'✓J 1 2018 - 2019 2020 2021 • 2022 • 2023 2024 - - -- 1 2025 1 2026 1 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers 12 du Technical Managerial Administrative W owe .e t e m•iw.ua response.e or coor.matmg wit WorkOne on recruitin•? n/a Does your company have an EEO hiring policy? Are you an EEO employer? Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your Year n/a outreach and recruitment efforts for the last ca - three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black _-__-- Hispanic Asian Indian ______ Female _-_-_- Other C04S Complete below for Real or Personal Property Tax Abatement only. • Please sign for all requested incentives. Pu (it 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 (Yes or es or NN o) Earned Points Available Points .you.qualify,for:the points;please enter the full amount of available points. 1 Construction Related(Contractors!: A: Employ Local Companies(75%) 20 B. Purchase Materials from Local Companies(75%) Y 20 20 - C. Require Employees vs.Independent Contractors y 19 19 a- Require Prevailing Wage(Davis Bacon) 22 E. Require Health Benefits 22 F. ' Require Pension Benefits . is : .G. Maintain Affirmative ACtIOn Plan- ' y 20 20 I1Sub-total Construction Related: 59 141 • Wage&Benefit Related(Owned: • . A. Pay Target Wage Levels y 33 33 •B. Provide Health Benefits y 34 34 Provide Pension Benefits y 29 29 D. Provide Training - . ; y 28 28 E. • Provide Child Care --.. - - 15 F. Provide Transportation Assistance 14 .G. Provide Employer_Assisted Housing program 9 I - Sub-total Wage&Benefit Related; 124 162 3 Workforce Related: A. Create New Jobs .- y 42 42 B. Retain Existing Jobs 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: 77 _ 152 b Support.a my/1.00l-Ei! fEly, Support a 513 Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) .- . 84 Name ofFarlrrty - ISub-total Municipal Facility: 84 Sub-total from Above: 260 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C„6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By: �A lam date: ._ 9/18/15 • What is the current assessed value? Real Property: 1,934,914 Personal Property: rrr3 What is the projected assessed value? Real Property: Personal Property: What is the tax key number for this project? to t:o;iss;ir.nod What is the six digit NAICS code? 531190 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One 49,147 Year Two 54,077 Year Three 84,678 Year Four 53,814 Year Five 53,460 Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. (Y or NI Points Points Public Benefit Item: Project Related: A. Redevelop a Site that has Special Needs B. Develop Based on Local University Research , C. Achieve a Physical Element of a Plan Sub-total Project Related: 6 Super Size Projects(point values are cumulative): A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 260 539 Total from Staff Section: 0 461 Total Public Benefit Points: 260 1000 Supplement to Petition for Incentives Frequently Asked Questions We are frequently asked to explain the following questions,in an effort to clarify we are providing answers below. 1)How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office http://southbendin.gov/government/ Attn:Deputy City Clerk content/tax-abatement 227 West Jefferson Blvd.•Suite 400 S South Bend,Indiana 46601 2)Certified Technology Park appropriate?(Page one,under project overview) In the South Bend area there are only two Certified Technology Parks,Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3)Community Revitalization Enhancement District?(Page one,under project overview) The map below outlines the CRED area,please check to see if you fall within the boundaries. ;_ � s tCREeD District Boundary 2 77' r0 -`M1 LL... Grace �.... - South South._ .. _ —— fat Ford O/iv,p�ow �- - - '-- - = n J� Poland E Dunham i a Fisher - Tut.' Tuft Sample - Ohio Kerr Garst i 19^loon Stull c It; Broadway— —_— Award m n x _ Haney Legend o - N O CREeD Dialect u� r'' 2 r tndiane Indlet tj 1 South Bend Parcels , -- g A 4) Has any 504 funding been received? (Page one,under investment details) 504 Funding is a loan that come 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 574.235.5842 or email at sheintzeOsouthbendin.gov i/ 5(p ,2<0 •• STATEMENT OF BENEFITS /) '' REAL ESTATE IMPROVEMENTS e` 20 PAY 2a� ult� ; State Form 51787(R4/2.13) FORM 6B-1/Real Property Prescribed by the Department of Local Government Finance PRIVACY NOTICE • ibis statement Is being completed for real property that qualifies under the following Indiana Code(check one box): The cost and any spoc4e indivdua/s 0 Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) salary a of n ccnfdangc the ba`ance of the sling:s publr record 0 Residentially distressed area(IC 6 1.1-12.1-4.1) pc'IC 6-1.1-12.1-5.1(c)end(d) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area poor to the public heating It the designating body requires information from the applicant In making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 'Projects"planned or comnlitted to after July 1, 1987.and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1.12.1) 2 Approval of the designating body(City Council, Town Board.County Council,etc.)must be obtained prior to Initiation of the redevelopment or rehabilitation,BEFORE a deduction may be approved. 3. Yo obtain a deduction,a Form 322/RE must be tiled with the County Auditor before may 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days aRer the assessment notice Is mailed to the properly owncrif if was mailed alter April 10. if the property owner misses the May 10 deadline in the Initial year of occupation.he can apply between March 1 and May 10 of a subsequent year. 4. Property owners whose Statement of Benefits was approved atter June 30, 1991.must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6.1.1.12.1.5.1(b)end IC 8-1.1-12.1.5.3(f)). 5. The schedules established underiC 6 i.1-12.1-4(d)for rehabilitated properly apply to any economic revitalization areas d5ignated after June 30,2000, unless an alternative deduction schedule is adopted by the designating body(IC 6-1.1-12.1-17). The schedules effective prior to July 1.2000.shall continue to apply to economic revitalization areas designated before July 1,2000. • SECTION 1 ?... TA%PAYER INF.ORMATIQN.' w -... _ -, . . . Name of taxpayer The Tohar.1 Wssh:ugton Squaro I I C Address of taxpayer(nvmbw and street city state.and 2IP code) 6-44 4715 Avenue,3rd Fbcr,Long Wand Cey,KY 11101 Name of contact person Setephoio number E•mail nddroes Itbcry Anget'adm (1E 4as-5555 the!emu a lwash'ngtonapuar.i v?rnefeorn SECTION 27_ :. • - LOCATIONANDDESCRIPTION•OF..PROPOSED.PROJECTkia..r.- _• _ Name of designating body Resolution number South Bend Canon CourrCl Location or property County DLGF taxing dmslrcI number 711 W.Wastinmon Si SL Joseph Descoptbn A'raw properly Iirprevaments,redeeelopmrnt,nX tehabll'arhon(use addriorral Sheets It necessary) Estimated start dale(month.day.year) 05/79115 I no Nootog'c ago and sIgnificanl deferred maIrnenn nee Issues havo mrtn the huklmg obso'escen/n-tnan I dnmpta'e rrodamvation of batting,hdu Estmeted consplrUOn dale(rrsOnlh,dry,year) 01.'01/17 :=SECTIONk4Wg"_',W 4VESTI'MA'feirdtMPL'OYEESANDSAT ITI A Relit PaV SED�`P.ROJECT Currentnurnbcr Salaries Nrrrrberfeta:icd Salerno Nurnteradditonel Salaries 0 J t 12.00 1 _ SECTION a• -` :'',-° c uoESTIMATED,T07A1'•COS7YANDyALUE'OF:PR pO ED.PRO-JECT • REAL ESTATE IMPROVEMENTS COST _ ASSESSED VALUE Current values -- 1 1,93 q,91'.1 Plus estimated values of proposed project 223.5037 Less values of any property being replaced Net esUrnaled values upon completion of pro ecl SECTION 5 •• • •-WASTE CONVERTEDAND OTHER'BENEFITS..PROHIISED-BY THE TAXPAYER:i`' Estimated sold waste converted(pounds) - - Estimated rlatardous waste converted(pounds) -- Other benefits • • SECTION 6 TAXPAYER CERTIFICATION. - - - I hereby certify that the representations in this statement are true. Signa.r'of autecurd repres.nta rite : — - ----- ,I Dal e signed(month,day.yea) A'ana er 9.t 6'15 ..01021111allWaIlLf I k .INI11.416,sit - -._-- - Page 1 of 2 FOR USEiOF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of lime not to exceed calendar years'(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate Improvements Ell Yes 0 No 2.Residentially distressed areas ❑Yes ®No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. The deduction is allowed for _ years"(see below). F. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? ❑Yes ❑No If yes,attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to Justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day.year) Attested by(signature and title of attester) Designated body *If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. If the Economic Revitalization Area was designated after June 30,2000,and is not in a residentially distressed area,the deduction period may not exceed ten(10)years. Page 2 of 2 4SOUTHg @1 o II4I/il,d ` 227 W.JEFFERSON BOULEVARD F•d %, ✓° PHONE:574/235-9371 SUN E 1400 S. 'v � �� o FAx 574/235-9021 SOUTH BEND,IN 46601-1830 P�"'0q. 2 i J865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR September 22, 2015 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Vacant Building Tax Abatement Petition for: The Tower at Washington Square, LLC Dear Council Member Ferlic: Please find the attached information pertaining to vacant building and real property tax abatement petitions for The Tower at Washington Square, LLC: > Department of Community Investment's summary report > Copy of the petitions > Statement of Benefits forms > Supporting information. The report contains the Department's findings relative to the above petitions. As detailed in the accompanying Tax Abatement Report, for each separate petition, the petitioner is requesting exceptions to the local ordinance as allowed by State law. A representative from The Tower at Washington Square,LLC will be available to meet with the Committee on Monday, September 28, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-9339. Sincerely, ��eBrock Director Economic Resources Filed it ' Office=y "P 22 2715 an GLEc:s:c I u }t ciEND,IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JIM KANN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: The Tower at Washington Square, LLC DATE: September 22, 2015 Attached please find the petitions of The Tower at Washington Square LLC (the "Petitioner"), seeking real property tax abatement for the real property within the City of South Bend, Indiana, commonly known as 211 West Washington Street (the "Property"). In order to permit Petitioner to increase the scope of the rehabilitation of the Property, Petitioner requests that the Common Council rescind Resolution 4353-14 adopted on April 28, 2014 by the Common Council and Resolution No. 4361-14, adopted on May 12, 2014 by the Common Council which previously designated the Property as an Economic Revitalization Area for the purposes of tax abatement and only for a period of two (2) calendar years. As part of the increase in scope of rehabilitation, the Property shall be subdivided into four (4) separate tax parcels based upon the designated use of each tax parcel.The designated uses of the parcels shall be(i)a hotel;(ii)parking garage;(iii)retail; and(iv)residential apartments.Upon the subdivision of the Property,the Petitioner expects that each parcel will be owned by a separate entity, each affiliated with the Petitioner. The Petitioner requests a vacant building deduction for the parcel designated for a hotel. At this time, the Petitioner also requests a deduction for real estate improvements for the parking garage and the retail uses. The Petitioner expects to file a petition for the apartment use at the next Common Council meeting. The requested tax deduction for the hotel, parking garage and retail is set forth in the tax abatement schedule in each petition. The Petitioner requests that the Common Council now consider the three(3)petitions filed herewith.The Petitioner requests that Common Council consider the petitions and adoption of the related declaratory resolutions prior to such subdivision. The Petitioner shall provide the Common Council with the key numbers for the new parcels prior to the Common Council's consideration of confirming resolutions. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB The Common Council should note the following exceptions to the local ordinance being requested for each petition: • Tower-Hotel ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a two year vacant building tax abatement. Petitioner is requesting a ten year abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution • Tower-Retail ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. ➢ Project would qualify for a six year real property tax abatement. Petitioner is requesting a ten year real property abatement ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution • Tower-Parking Garage ➢ Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years ➢ Project would qualify for a three year real property tax abatement. Petitioner is requesting a ten year real property tax abatement. ➢ Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution The Common Council should also note the following business case considerations for allowing an exception to the local ordinance: • The building is the most prominent building in downtown and requires substantial investment to cure mechanical and structural deficiencies • The proposed use fits in with the overall pan for the downtown • The proposed deal structure requires no public cash investment PROJECT SUMMARY FOR THE THREE REQUESTED ABATEMENTS ➢ Total project taxes during ten year abatement period—$4,134,637 ➢ Estimated taxes being abated during ten year abatement period—$2,789,447 ➢ Total taxes to be paid during ten year abatement period—$1,345,190 EMPLOYMENT IMPACT Per the petitions, it is estimated that the total project will: ➢ Create 83 permanent, full-time jobs in the ten year abatement period,representing a new annual payroll of$2,699,715 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with a previous abatement. 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 does not meet the qualifications for a ten year real property tax abatement under section IC. 6-1.1-12.1-4.8 and requests an exception to the local ordinance. Filed fn. Of nee �nry 4•^701S CflYC p „;,C,N RESULTS 100% 100% 90% 85% 85% 85% 85% 60% 60% 60% 18 pay 19 19 pay 20 I 20 pay 21 21 pay 22 22 pay 23 I 23 pay 24 I 24 pay 25 25 pay 26 26 pay 27 I 27 pay 28 Base Taxes tax paid Tax abated Parking Garage 70,038 70,038 58,047 58,047 58,047 58,047 58,047 58,047 58,047 58,047 604,456 Hotel - - 7,518 -11,278 11,278 11,278 11,278 30,073 30,073 30,073 142,849 640,048 Retail/Commercial 13,693 13,693 11,348 11,348 11,348 11,348 11,348 11,348 11,348 11,348 118,173 Residential 60,103 60,103 45,886 45,886 45,886 45,886 45,886 45,886 45,885.65 45,886 487,292 New Taxes 1,352,770 Parking Garage - - 1,677 2,516 2,516 2,516 2,516 6,708 6,708 6,708 31,863 142,765.25 Hotel - - 22,868 34,302 34,302 34,302 34,302 91,472 91,472 91,472 434,490 1,946,775.75 Retail/Commercial - - 703 1,055 1,055 1,055 1,055 2,813 2,813 2,813 13,359 Residential - 11,337 17,006 17,006 17,006 17,006 45,349 45,349 45,349 215,409 988,578.55 695,121 3,137,978 Total Paid 2,047,891 Total Abated 3,778,026 Total Taxes 5,825,917 5,825,917 formula check • ..c------; 1 K , (pt•7! C.' • �_LI f Y a .. BUJ :;-1;`,I S E A m • E , /13 - ( f- 1 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROVING THE PURCHASE OF REAL PROPERTY LOCATED AT 2401 W. WESTERN AVENUE, SOUTH BEND,INDIANA WHEREAS, on September 22, 2015, the Board of Public Works of the City of South Bend, Indiana (the "Board"), adopted Resolution No. 56-2015, attached hereto as Exhibit 1, recommending the purchase of real estate located at 2401 W. Western Avenue, South Bend, Indiana(the "Property"), which includes copies of the two requisite appraisals as Exhibits A and B, all in accordance with Ind. Code 36-1-10.5; WHEREAS, pursuant to Ind. Code 36-1-10.5-5 (1), the South Bend Common Council desires to declare and affirm its interest in the purchase of the Property and to approve the Board's purchase of the Property in accordance with Ind. Code 36-1-10.5. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. The Common Council hereby declares and affirms its interest in the purchase of the Property and approves and authorizes the Board to purchase the Property in accordance with I.C. 36-1-10.5. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayo Member, ommon Council 1300.0000006 57151440.002 x public head and Council aeon on thia Filed ^, . • .1/449, Office 2 � 2015 FRE _ENTW _I .I10.." APPROV�9 JOt4op 4d2« '1;6 1 cITY CLERK,SOt6T"H SEND,RN! EXHIBIT 1 Board of Public Works Resolution No. 56-2015 (including Exhibits A and B) [See attached.] E SEP 23 za15 ,.�SpUTH;44%4-4,, 227 W.JEFFERSON BOULEVARD f�F\\ ��' "` PHONE:574/235-9371 O° SUITE 1400 S. =v v \� ,,, r• FAX:574/235-9021 SOUTH BEND,IN 46601-1830 � 'Nq'tCt AN 2 " rs65 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR September 23, 2015 Mr.Tim Scott, President South Bend Common Council 4th Floor County-City Building South Bend, IN 46601 RE: Acquisition of 2401 Western Avenue,South Bend IN 46619 Dear President Scott: Department of Community Investment is seeking Common Council approval for the purchase of 2401 Western Ave., South Bend IN 46619 via the attached resolution, in accordance and compliance with the Indiana Code. The Polish National Alliance contacted the City with a request to purchase their building on the northwest corner of Western Ave. and Olive St. The PNA expects Considerations; • Olive Street north of Western and Western are both truck routes and Olive north of Western is lined with Industry, the blind corner presented many complications for trucks, including hitting the PNA building when turning west. Improvements to the corner will facilitate truck movements and help create new expansion opportunities and retain existing jobs. • The City Engineering Department conducted a purpose and needs study that concludes that the razing of the structure would allow for improved lane configuration. • With the option to turn west on Western from Olive, truck traffic will be discouraged from heading south were it is incompatible with the predominate residential neighborhoods. • Sellers willingness to accept current market value. Schedule of the purchase • Appraisals of the property(completed) • Title Work (completed) • Appropriation of funds (In process - requested in mid-year appropriation - completed on September 28, 2015) • City Council approval (This resolution - completion on September 28, 2015) • BPW approval (September 22, 2015) • Set closing date (Estimate October 9, 2015) • Release Bids for Demolition (BPW second meeting in October. 2015) • Demo Building(Middle of November 2015) • Site preparation completed for 2016 road project PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JrnN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB Staff will be present at Committee and Council to present and and address any additional questions. Thank you, fi/7 V Brock Zeeb Director of Economic Resources Department of Community Investment City of South Bend • Filed it . ,-, Office :% 23 2015 JOHN VOCV Ds CITY CLERK,SOUTH SEND,IN RESOLUTION NO. 56-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,INDIANA, REGARDING THE PURCHASE OF REAL PROPERTY LOCATED AT 2401 W. WESTERN AVENUE,SOUTH BEND,INDIANA WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain all real property owned by the City of South Bend, Indiana (the "City")pursuant to I.C. 36-9-6-3; and WHEREAS,the City, acting by and through the Board,may purchase land or structures in accordance with the procedure stated in I.C. 36-1-10.5; and WHEREAS,subject to obtaining the approval of the South Bend Common Council pursuant to I.C. 36-1-10.5-5(1),the Board intends to purchase the real property located at 2401 W.Western Avenue, South Bend, Indiana, and more particularly described in attached Exhibit A (the "Property"),for purposes of expanding and reconfiguring the intersection of Western Avenue and Olive Street; and WHEREAS, the Board has obtained two (2) appraisals, attached as Exhibit B, of the fair market value of the Property in accordance with I.C.36-1-10.5-5(2)and(3),and the average of said appraisals is Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, the Board believes it is in the best interest of the City and its residents to purchase the Property from its current owner for purposes of the proposed road project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board hereby recommends that the South Bend Common Council approve the purchase of the Property. 2. The Board hereby appoints Mr. Brock Zeeb, of the Department of Community Investment,and Mr. David Relos, of the Department of Community Investment and a member of the Board, as the Board's authorized representatives in pursuing the purchase of the Property and delegates to each of them all necessary authority to serve in the Board's place as purchasing agent under I.C. 36-1-10.5. 3. The Board hereby approves and will execute simultaneously with this Resolution the form of purchase agreement attached hereto as Exhibit C,which constitutes an offer to purchase the Property subject to and contingent upon the South Bend Common Council's approval of the purchase under I.C.36-1-10.5-5(1). The Board instructs Mr.Zeeb and Mr.Relos to deliver a signed copy of the purchase agreement to the owner of the Property. 1 4. The Board acknowledges that its authority to consummate the purchase of the Property, including the authority hereby delegated to Mr. Zeeb and Mr. Relos, is expressly conditioned upon first obtaining the South Bend Common Council's approval of the purchase in accordance with I.C. 36-1-10.5-50). 5. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on September 22,2015,at 1308 County-City Building,227 West Jefferson Boulevard,South Bend,Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC , ORICS 041-1123t ' Gary Gilot, President Elizabeth Maradik,Member Jan,-sM -llor; tuber e _ : .r ember LC id Relos, ember ATTEST: `-Lin{da Martin, Clerk 1300.00000006 57330585.008 2 EXHIBIT A Description of the Property A parcel of real estate located in the Northwest Quarter of Section 10,Township 37 North,Range 2 East, in the City of South Bend, St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point which is 30 feet North of the South line of the Northwest Quarter of Section 10,Township 37 North, Range 2 East,and 20 feet West of the East line of said Northwest Quarter of said Section 10,Township 37 North,Range 2 East;thence North along the West line of Olive Street and parallel with the East line of the Northwest Quarter of said Section 10,Township 37 North,Range 2 East,444.1 feet;thence West parallel with the South line of the Northwest Quarter of said Section 10,Township 37 North,Range 2 East, 101.5 feet; thence South,parallel with the East line of the Northwest Quarter of said Section 10,Township 37 North,Range 2 East,444.1 feet to the North line of Western Avenue, which point is 30 feet North of the South line of the Northwest Quarter of said Section 10,Township 37 North,Range 2 East;thence East,parallel with the South line of the Northwest Quarter of said Section 10,Township 37 North,Range 2 East, 101.5 feet to the place of beginning, EXCEPTING THEREFROM a part of the Northwest Quarter of Section 10, Township 37 North, Range 2 East, of the Second Principal Meridian, St. Joseph County,Indiana, being more particularly described as follows:Beginning at the point of intersection of the West right- of-way of Olive Street and the North right-of-way of Western Avenue;thence North 00°02'32"East (basis of bearings) on the West right-of-way of Olive Steet, a distance of 10.85 feet;thence South 45°06'50"West a distance of 8.22 feet;thence North 89°30'54" West a distance of 95.68 feet to the East line of a parcel of land described in Deed Document No. 0545201; thence South 00°02'32" West on said East line a distance of 5.00 feet to the North right-of-way of Western Avenue;thence South 89°30'54"East on said North right-of-way a distance of 101.50 feet to the point of beginning. Commonly known as 2401 W. Western Avenue, South Bend, Indiana Parcel Key No. 018-4096-357902 EXHIBIT B Appraisals of the Property [See attached.] AN APPRAISAL REPORT PNA# 83 ' f 9;1 s e (() A Special Purpose Building At: 2401 Western Avenue South Bend,IN 46628 As Of: July 10,20115 Written: July 14, 2015 Prepared For: City of South Bend Department of Community Development Prepared By: Steven W. Sante,MAI, SRA 814 East LaSalle Ave South Bend,IN 46514 APPRAISAL SERVICES,INC. 814 East LaSalle Ave South Bend, IN 46617 July 14, 2015 Mr. David Relos City of South Bend Department of Community Development 227 West Jefferson Blvd. South Bend, IN 4601 RE: PNA# 83 2401 Western Avenue • South Bend, IN 46628 In accordance with your request,a real estate appraisal has been made on the above captioned property. My opinion of the market value of the fee simple interest of the real estate; subject to the assumptions, limitations,and comments appearing herein, as of July 10, 2015 the effective date of this appraisal is as follows: ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 This appraisal is performed in accordance with the reporting requirements of the Appraisal Institute, and the Uniform Standards of Professional Practice. (USPAP) Respectfully Submitted By, S WW 5r Steven W. Sante, MAI, SRA Indiana Certified General Appraiser#CG 40901229 Michigan Certified General Appraiser#1201005623 ii TABLE OF CONTENTS Title Page i Letter of Transmittal ii Table of Contents iii Summary Of Important Facts 1 Purpose of Appraisal 2 Scope Of Work 4 Identification 5 Market Area Analysis 6 Site Description 7 Improvements 9 Highest& Best Use 16 The Appraisal Process 19 Cost approach 20 Sales Comparison Approach 30 Reconciliation 37 Certification 38 Assumptions and Limiting Conditions 39 Qualifications of Appraisers 42 Letter of Engagement 49 APPRAISAL SERVICES,INC. (574)277-7777 iii SUMMARY OF IMPORTANT FACTS Owner/Applicant: Polish National Alliance#83 Star of Victory Address: 2401 Western Avenue South Bend, IN 46619 County: St.Joseph,Indiana Parcel Number: 71-08-10-180-044.000-026 Land Size: 44,344SF or 1.018 Acres (Per St. Joseph County Assessor) Type of Property: A Social Hall Building Wall Construction Year Size(SF) Section Height Class Built 1 9' C C.1900 3,196 2 9' C C.1926 6,188 3 9' C C. 1964 11,424 4 9' C C. 1940 9 400 30,332 Appraised Use: Special Purpose Current Use: Special Purpose Property Rights Appraised: Fee Simple Effective Date of Appraisal: July 10, 2015 Date of Report: July 14, 2015 Purpose of Appraisal: Estimate Market Value Cost Approach (Includes Site Value) $150,000 Site Value $106,000 Sales Comparison Approach $151,000 Reconciled Value $150,000 I (Uniform Standards of Professional Appraisal Practice) USPAP SR1-2 In developing a real property appraisal an appraiser must: A) identify the client and other intended users. The client is identified as City of South Bend Department of Community Development. b) identify the intended use of the appraiser's opinions and conclusions: This appraisal is to be used by the client to assist in negotiating a sale price for the subject property. c) identify the purpose of the assignment, including the type and definition of the value to be developed and, if the value opinion to be developed is market value, ascertain whether the value is to be the most probable price: (i) in terms of cash; or (ii) in terms of financial arrangements equivalent to cash; or (iii) in other precisely defined terms (iv) if the opinion of value is based on non-market financing or financing with unusual conditions or incentives, the terms of such financing must be clearly identified and the appraiser's opinion of their contribution to or negative influence on the value must be developed by analysis of relevant market data. The purpose is to estimate market value. The definitions are as follows: DEFINITION OF MARKET VALUE: 3.The following definition of market value is used by agencies that regulate federally insured financial institutions in the United States:The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale.the buyer and seller each acting prudently and knowledgeably.and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: •Buyer and seller are typically motivated; •Both parties are well informed or well advised,and acting in what they consider their best interests; •A reasonable time is allowed for exposure in the open market: •Payment is made in terms of cash in U.S.dollars or in terns of financial arrangements comparable thereto;and •The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (12 C.F.R.Part 34.42(g);55 Federal Register 34696,August 24. 1990,as amended at 57 Federal Register 12202,April 9, 1992;59 Federal Register 29499.June 7, 1994) Source: Appraisal Institute, The Dictionary of Real Estate Appraisal,5th ed. (Chicago: Appraisal Institute, 2010). 2 d) identify the effective date of the appraiser's opinions and conclusions: The effective date of the appraisal is July 10, 2015 which is the date of inspection. e) identify the characteristics of the property that are relevant to the purpose and intended use of the appraisal including: i) it's location and physical,legal, and economic attributes: The subject site is improved with a special purpose building that has the with the following characteristics: Building Wall Construction Year Size(SF) Section Height Class Built 1 9' C C.1900 3,196 2 9' C C.1926 6,188 3 9' C C. 1964 11,424 4 9' C C. 1940 9 _-- 30,332 The property is located in a commercial corridor that is in the decline stage of its life-cycle. The property is in an urban setting and is served by on-site municipal water and sewer. ii) Property interest being valued: Fee Simple iii) Any personal property,trade fixtures, or intangible items that are not real property but are in the appraisal. The appraisal does not include the bowling equipment. iv) Any known easements,restrictions, encumbrances,lease reservations, covenants, contracts,declarations,special assessments, ordinances,or other items of a similar nature None noted. v) Whether the subject property is a fractional interest,physical segment or partial holding: The value is a whole interest. f) Identify any extraordinary assumptions necessary in the assignment: None Noted g) Identify any hypothetical conditions necessary in the assignment: None Noted 3 h) Determine the scope of work necessary to produce credible assignment results in accordance with the SCOPE OF WORK: In this report all three approaches to value were considered. However, only the sales comparison and cost approach are developed. Buyers predominantly purchase buildings for owner occupancy in this market and not income production. This is a summary report. To complete this report the following was done: • The legal description, site size, building ages, and parcel number are from the assessor's property record card. • The building size is estimated using appraiser measurements. • Building heights are estimated while at the site. • Zoning information is from the St. Joseph County Building Department,via GIS web- site. • Aerial maps are from the Bing.com and GIS. A plat map is shown in this report from the County Auditor. • Marshall Valuation Service was used to estimate replacement costs for the improvements on the site. • The Appraiser database,MLS, and loopnet were searched for comparable land sales and improved sales. The bowling equipment is not included in this report. 4 IDENTIFICATION ADDRESS: 2401 Western Avenue South Bend, IN 46619 LEGAL DESCRIPTION: 101.5 X 444.1 except south .012 acres+/-Part of Singer Tract 3 Section 10-37-2E TAX PARCEL NUMBER: 71-08-10-180-044.000-026 018-4096-357902 HISTORY OF OWNERSHIP: The property has been held continuously by the present owner, whom is the Polish National Alliance#83 Star of Victory, for multiple decades. TAXES: Not Identified • 5 MARKET AREA ANALYSIS The market area is defined as the Western Avenue Corridor. Note: The market area analysis contains limited detail as the client is familiar with the area. 6 SITE DESCRIPTION AND ANALYSIS PHYSICAL CHARACTERISTICS Dimensions: Not Identified Size: 1.018 Acres or 44,344SF (Per Assessor Property Record Card) Shape: Rectangular Topography, etc.: level at grade Land To Building Ratio: 2.12 : 1 ECONOMIC CHARACTERISTICS Water: Municipal Sewer: Municipal Gas: Public utility Electricity: Public utility LEGAL CHARACTERISTICS The site is zoned C/Commercial The broad uses allowed under the zoning designation are as follows: Clothing Service Educational Uses Food Sales/Service Government Office Retail Personal Service Public Facilities Recreation Automobile Service 7 The use of the property is consistent with the uses allowed by zoning. Therefore,the improvements likely enjoy legal conforming status. Site improvements consist of the following: Asphalt Parking Surface 24,000SF+/-Per Public Record Utility Infrastructure Curbing 545 Lineal Feet Sidewalk 2,182SF GIS AERIAL .4. 7r.ir,.. _. .-, „,.., .. ,,.., 018-4096 35 7,G', 01 358116 I. �s s ' s 'J1- `1..., .. /' i' :,....0,{ 4,.--.018-4 96-358117. ., °018=4096-35790i ''. -. � caj - ,i-Oh -' .' V* _; rn r,16-GG9635,;IG3 gyp.: te , ,e; • I c ' ,`.i1 T► Gifi t0 . "_ Wes ern-Av -_- _ r 80901 , . I 018. a 8 1 018-40200680 1� ° 1—_ . i 8 IMPROVEMENTS The improvements section of this report contains the following: Summary description (Below) Building Components (Next Page) Buildings Sketch Page 11 Photos Page 12-14 Assessor's Property Record Cards Pages 15 The building has had a broad range of uses throughout its life. The first section of the building was reportedly built as part of the Singer Complex around 1900. Over the years two sections and an upper level have been added to the building. The characteristics of the building are as follows: Building Wall Construction Year Size(SF) Section Height Class Built 1 9' C C.1900 3,196 2 9' C C.1926 6,188 3 9' C C. 1964 11,424 4 9' C C. 1940 99400 30,332 The interior of the building has a dated appearance. The ceiling, floor coverings, and interior walls don not appear to have recent updating. The roof cover is reported to be in poor condition and leaking is noted. Section three'of the building contains a bowling area. There are twelve lanes in this area. The remainder of the building contains gathering spaces. This building lends itself to special purpose uses such as churches, social halls, etc. The back portion of the building(11,424SF)would be ideal for gathering space while the remainder of the building would serve as reception and class space. For the property to reach its maximally productive use the interior of the building requires updating to meet the needs to a typical special purpose user and the roof cover needs replacement. 9 A description of the building components is as follows: Foundation: 3,196SF Concrete 18' Walls Blt C. 1900 6,188SF Concrete 18' Walls Blt: C. 1926 11,424SF Concrete 9' Walls Bit: C. 1964 Floor Structure: Brick on grade 3,196SF Blt. C 1900 Conc. On grade 6,188SF Blt. C 1926 Wood 9,400SF Blt C. 1940 Concrete 11,424SF Blt. C. 1964 Exterior Wall: Wood 2,916SF Blt. C. 1900 Wood 1,116SF Blt C 1926 Brick 2,034SF Blt. C. 1964 Conc Block 1,278SF Blt. C 1964 Conc. Block 1,368SF Blt C. 1926 Interior Partitions: Frame Flooring: Wood 12,000SF+/- 5,000SF Carpet Asp Tile 10,136SF+/- Ceiling: Acoustical Tile 27,136SF HVAC: Gas FWA CAC 30,332SF Plumbing/Electric: Consistent with the design of the building Roof Structure: Wood Joists &Decking 11,424 SF C. 1964 9,400 SF C. 1940 Roof Cover: Elastomeric 20,824SF 10 SKETCH Mo I M.a ar Mao •!G& era G.IMO as G.IMO ao Fe a.esOW ca eS C 110.0 IMO afl *IOW alv C MCC Oe Note: Sizes are taken from a appraiser Measurements. 11 SUBJECT PHOTOS 0 T' Gl 1 1 t 1ir ' Front View M'14• �' - Item- \ ICI\ I2 _• • .• • • .:-.• ,•••.,-,••.;••sv! •••„4,-; • • Atev.:',A - •••• c • !' ' %.•.;•- ,7:•••.•;1.1C1"/”.. •i ;.. • , .• -4 .■.* t■7'." • ■R.' -stY ir V- V. • • • •. • . ... • 13m%ling ;11-ea • • • --" 1".1111/1111101111111111111119 ,.• • • • • . . . , • .r• • 1)1)11.2 LIAM. I IP''i 'kkikAIIIIIIIIP'. . �1 . _-,S•a�IC .. • • •ac';',P IC. i , ..........,\ i 7- if SON -J r a 1-- ,, ,,..... Y ,t- .. ; }5 -.P"h ?a s arri o. Bowling Area ,,.,. y T, i omit tt S UPPER LEVEL 14 71-09-30-110-044.000-031 Tmpf ty Clan. 443 lOVEtt DATA 2901 1.116=01 1.116=01 II 17ILT iome. 0001 onus 00550 KCAL CIAPAfIITICA WOW'S AVlln Wm 1 1 2 11•110rp Pads 431 134 344 PSI 3 3 4 2.10ht to 10 10 MIS Sal WM. 4t4t00 OW9n Po A 9133 11431 9224 • 1 2 0 0-4*1 42.471 57.121 100.001 Pia Sole Tao V4. 1•8. AIM 40.04 32.00 54.43 Intl Tr 232 0.00 0.00 0.00 Omani A M2 -4.00 -2.04 -8.34 Cl et 2 0.00 6.00 0.00 Minn 2058.0 23 MSS 21.09 20.06 32.09 • 1 2 0 SPA 100 1000 140$ T Ma 0 20544 0224 0 •a@ot 34.04 20.00 34.0 TWIN C 210 0.00 0.00 0.00 or n tp PD 1 6 Br (Upper) 9t M9 0.00 0.00 0.00 1 ]]03t 0 1733 0 - taTtin 0.00 0.00 0.04 p1Y V 0.00 0.00 0.00 rig to al 11931 0 17907 0 9224 I.tIPt9 0.00 0.00 0.00 Alton 0.00 0.00 0.00 WAS O 0.00 0.00 0.00 SUMO NO A0-<Oe6T10111193 •TIIaA 0.00 0.00 0.00 It • 1 2 0 AP Pr 59.09 29.96 54.09 Ant 0 20344 11220 0 A/C 0 922 9729 0 0 W 09730 233270 44449 yy Melia 2•.1416•t1al Cs.p91 •ehtat 134190< I I H nab 30100 • TT • Tr sprat 0 y2�y.9 OO 701.1 M Sinn h-.. Sall laths TOW. 1312150 ry t!t Rita 71.447s. 22 O1.1/09 C MI TOTAL 0 22 \ J ICS 1262930 0 C•04•0 90/0 40/ 0 0/ 0 pat 01.001 r fDCIAL renew nUM$n OP I17MVMORt yy b ot1pt16. Vall0 co 9.. .91 97p•Grad. Tsar eeet Tor Cood Saw ar nrrwe Alit alt**a cUlm ow Ll Ad e 6 •49rr 940 237 Caw vO1n C YOWL 0.00 C 1126 1934 T 0.00 ■ 0.00 2996 1239 40 0 100 100 232400 01 211113 0.00 15 c-1 1947 1941 AV 2.29 I 1.4$ 24000 3390 10 0 100 100 1100 ale 61140.../9234 Apnt..rS410 $LL9WM.l l.Nl.4YYa1 344 Mt 012{199 AV 99604 Vita 239108 HIGHEST AND BEST USE If an appraisal ultimately answers the question"How Much",then this section summarizes the preceding chapters answering the questions"Who Is The Typical Buyer"and"To What Use Will the Typical Investor Put This Real Estate" Without knowing the answers to these questions,the "How Much"question cannot be answered. The Appraisal Institute definition of Highest and Best Use is as follows: "The reasonably probable and legal use of vacant land or improved property,which is physically possible,appropriately supported,financially feasible,and that results in the highest value." There are therefore four tests: 1) The proposed use must be legally permissible 2)The proposed use must be probable, not speculative, or conjecture. Alternatively, it must be physically possible. 3) The use must be financially Feasible. 4)The proposed use must be maximally productive. These tests are applied two ways. The first is as if the land were vacant and available for highest and best use. (The land is always valued this way) This set of tests will identify the optimum improvements for the site. The second way is to apply the tests to the site as improved. It can be determined then if the present improvements represent the highest and best use. If they do not, the tests will isolate probably physical, functional, and external losses to value. The marginal dollar theory can be employed to determine if the present improvements should be razed to make way for the sites highest and best use. The conclusion will answer the questions "Who is the typical investor?" and"What will the typical investor use the property for?"thereby allowing valuation. 16 HIGHEST & BEST USE AS—IF VACANT Legally Permissible: The site is zoned for commercial uses and is located on a corner. Physically possible: A broad range of smaller sized general commercial uses are physically possible on the subject site. Financially Feasible: General commercial uses are financially feasible on the subject site. Maximally Productive: The maximally productive use of the site is general commercial uses. AS IMPROVED Legally Permissible: General commercial uses are legal under the present zoning of the subject site. Uses are such as social halls, schools, and churches are legal under any zoning classification. Physically possible: As noted in the site analysis, the land to building ratio falls below typical ranges for the market area. However,there is street parking permitted along Olive Street. Financially Feasible: The improvements contribute value to the site. (See Approaches To Value) Therefore, they are judged to be financially feasible. Maximally Productive: To reach their maximally productive use the improvements need to be updated The present set of improvements are judged to be maximally productive. 17 Conclusion: The present set of improvements are judged to be the highest and best use for the site. It is unlikely these improvements would be demolished to make way for a new set of improvements. The exposure time is judged to be less than one year based on the marketing times identified earlier in this report. The building does add minimal contributory value at this point. It is unlikely the typical buyer would demolish the improvements in favor of another use. USPAP defines Exposure Time as follows: The estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. 18 THE APPRAISAL PROCESS The process of estimating the value of a parcel of real estate is essentially a research project. The appraiser gathers as much applicable data as is available from the market place,analyzes the data and draws conclusions,which results in an estimate of value. The data gathered includes,but is not limited to, factual data about the subject,comparable sales, rental and vacancy surveys, operating expenses,costs, etc. The specific data types collected for this report is outlined in the scope of the assignment chapter of the report. The data is then analyzed via three approached to value. They are known as cost, sales, and income approaches. Each approach yields an estimate of value based on the data and rationale pertinent to that approach. The rationale of each approach is explained within each approaches respective chapter. From the three estimates of value the appraiser derives a final estimate of value of the subject property by correlating the individual estimates. The correlation process entails four steps. The presentation of the individual value estimates; evaluation of each approaches rationale as it relates to the specific problem; analysis of the quantity and quality of the presented data; and the emphatic declaration of final value estimate. The final value figure may be the result of one of the three approaches or may be a figure which represents a typical value estimate within the range of values determined by the three approached. In any case, it is not determined by averaging the results of the three approaches,but a logical analysis of the results thereof. 19 THE COST APPROACH The rational of this approach is that the investor/purchaser will not pay more for the subject property than it would cost to produce a substitute property with the same utility as the subject. The first step in the process is to calculate the land value of the subject as if vacant and available to be put to its highest and best use. This is done by analysis of comparable site sales in the same manner illustrated in the sales comparison approach. Page 21 The second step is to calculate the reproduction cost new of the improvements. Replacement cost may be used if circumstances dictate. Reproduction is using the same components. Replacement is using different components than the original,but which are contemporary and have similar utility. Pages 28 • The third step is to calculate the loss to value because of physical, functional, or external factors. If these occur, they will be explained as they occur. Page 28 20 LAND VALUE Four land sales are identified in this report. They are summarized in the following grid. Location City Sale Sale Site Utilities Price Per Date Price Size Acre SUBJECT South Bend 44,344 Full 3510 Western Ave South Bend 2/8/2010 $42,000 17,654 Full $2.38 1130 Western Ave South Bend 8/5/2009 $12,000 4,873 Full $2.46 1931 LWW Mishawaka 3/30/2012 $75,000 23,741 Full $3.16 5032 Miami St South Bend 3/17/2011 $197,000 51,837 Full $3.80 These sales show a price per square foot of$2.38 to$3.80. The sales showing a value of$2.38 and $2.46 per square foot are located in inner-city locations which are decaying. The value of the subject site is likely greater than the amount shown by these sales. The sales showing$3.16 and$3.80 per square foot are judged to be superior to the subject property in terms of location. Based on the above analysis, the value of the subject site is judged to be at the low end of the range. It is called$2.40 in this report. The value is as follows: 44,344SF X $2.40 = $106,426 R$106,000 The subject parcel has an estimated value of approximately$106,000R isiso,. .laraiin ... ..___ I _ t,, zi,-;.•_ 0 4 `N , , _ . , . , ,, liiiiiiitvlsba AP Fa f _,r -inn— l r 21 Land Sale No. l •\ .T ff ii "� . f�� x x1 t4o iii tor'' ''4� .y , .. .+....- »..�.....�............- ,...L� i .. ill ' 1 �� y , - - 3,..'...ta-,`,..,--:=,,.. - \ , i .. ` -S S�; , , ,,,,„.„4".„,,,,,,,,7,, ."4.5.''' "r"f•Tiffe:Air . L t , y{( , $5,-,.•:'a-R� t . . . Property Identification Record ID 28 Property Type Commercial,Office Address 5032 Miami Street,South Bend,St.Joseph County, Indiana 46614 Tax ID 23-1009-058402 Sale Data Grantor Klopfenstein Grantee Manithou Holdings,LLC Sale Date March 17,2011 Verification Harry Gehrich;574 835 8559 Sale Price $172,000 Cash Equivalent $172,000 Upward Adjustment $25,000 Adjusted Price $197,000 Land Data Zoning OB,Office Buffer District Topography Level Utilities Full Dimensions 168.66 X 306.12 Shape Rectangular Land Size Information Gross Land Size 1.190 Acres or 51,837 SF 22 Land Sale No.1 (Cont.) Indicators Sale Price/Gross Acre $144,538 Actual or $165,546 Adjusted Sale Price/Gross SF $3.32 Actual or $3.80 Adjusted Remarks Site contained improvements that were demolished at a cost of$25,000. Per Seller Office building was built on the site 23 Land Sale No.2 ERR 1 i I O i6117b 7015 014 1171 7011 ■ 01411767022 t 7 Mew 1 `1 1 __- O14i17S?OT3 r Property Identification Record ID 69 Property Type Commercial Address 1931 Lincoln Way West,Mishawaka,St.Joseph County,Indiana 46544 Tax ID 16-1175-7022 Sale Data Grantor Robinson Hickman,LLC. Grantee Michael Hamby Sale Date March 30,2012 Verification MLS Sale Price $75,000 Cash Equivalent $75,000 Land Data Zoning C-1,Commercial Topography Level Utilities Full 24 • Land Sale No.2(Cont.) Shape Irregular Land Size Information Gross Land Size 0.545 Acres or 23,741 SF Indicators Sale Price/Gross Acre $137,615 Sale Price/Gross SF $3.16 Remarks Sale price has a high side bias,as there is a modular structure on the site. 25 Land Sale No.3 rt. a,. . t .a !� 01e-407P.M ?,;r1"71701 _y. ift (=. CIMMEtrirr) Orsi Itormv j` •.r, t L Property Identification Record ID 7 Property Type Commercial Address 3510 Western Avenue,South Bend,St.Joseph County,Indiana Tax ID 18-4070-2567&2568&2569 Sale Data Grantor Alberto Cuervo Sale Date February 08,2010 Verification MLS Sale Price $42,000 Land Data Zoning LB,Light Business Topography Level Utilities Full Shape Rectangular Land Size Information Gross Land Size 0.405 Acres or 17,654 SF Indicators Sale Price/Gross Acre $103,638 Sale Price/Gross SF $2.38 26 Land Sale No.4 Property Identification Record ID 26 Property Type Commercial Address 1130 Western Avenue,South Bend,St.Joseph County,Indiana 46619 Tax ID 18-3059-2277 or 71-08-11-330-001.000-026 Sale Data Grantor Banaszak Grantee Hernandez Sale Date August 05,2009 Verification MLS Sale Price $12,000 Land Data Zoning MU,Mixed Use Topography Level Utilities Full Shape Rectangular Depth 165 Land Size Information Gross Land Size 0.112 Acres or 4,873 SF Front Footage 100 ft Total Frontage: Indicators Sale Price/Gross Acre $107,287 Sale Price/Gross SF $2.46 Sale Price/Front Foot $120 27 To estimate the replacement costs for the subject building Marshall Valuation Service is used.(Section 46) The costs are as follows: Arch Cost Local Total Size Unit M. M. M. M. Total Cost Age Life Depreciation Site Prep 20,932 $0.30 1.062 1.00 0.99 1.05 $6,602 81 130 $4,114 Foundation-18' 3,196 $2.07 1.062 1.00 0.99 1.05 $6,956 115 130 $6,153 Foundation-18' 6,188 $2.07 1.062 1.00 0.99 1.05 $13,467 89 130 $9,220 Foundation-9' 11,424 $1.41 1.062 1.00 0.99 1.05 $16,935 51 130 $6,644 Frame-9' 18,800 $3.52 1.062 1.00 0.99 1.05 $69,576 90 130 $48,168 Frame-9' 11,532 $3.52 1.062 1.00 0.99 1.05 $42,678 51 130 $16,743 Floor Struc-Brick 3,196 $4.02 1.062 1.00 0.99 1.05 $13,508 115 130 $11,949 Floor Struc-Conc. 6,188 $4.02 1.062 1.00 0.99 1.05 $26,154 89 130 $17,905 Floor Struc-Wood 9,400 $4.02 1.062 1.00 0.99 1.05 $39,730 75 130 $22,921 Floor Struc-Conc. 11,424 $4.02 1.062 1.00 0.99 1.05 $48,284 51 130 $18,942 Floor Cover-Wood 12,000 $5.11 1.062 1.00 0.99 1.05 $64,471 51 130 $25,292 Floor Cover-Carpet 5,000 $2.69 1.062 1.00 0.99 1.05 $14,141 51 130 $5,548 Floor Cover-Asp Tile 10,136 $2.15 1.062 1.00 0.99 1.05 $22,912 51 130 $8,989 Ceiling-Acc Tile 27,136 $7.04 1.062 1.00 0.99 1.05 $200,853 45 50 $180,768 Interior Const.-9' 30,332 $9.91 1.062 1.00 0.99 1.05 $316,034 40 50 $252,828 Plumbing 30,332 $2.63 1.062 1.00 0.99 1.05 $83,872 40 50 $67,098 Electrical 30,332 $4.21 1.062 1.00 0.99 1.05 $134,259 40 50 $107,407 HVAC 30,332 $6.46 1.062 1.00 0.99 1.05 $206,012 40 50 $164,810 Exterior Wall-Wood 2,916 $22.83 1.062 1.00 0.99 1.05 $69,993 115 130 $61,917 Exterior Wall-Wood 1,116 $22.83 1.062 1.00 0.99 1.05 $26,787 89 130 $18,339 Exterior Wall-Brick 2,034 $21.81 1.062 1.00 0.99 1.05 $46,641 51 130 $18,298 Exterior Wall-Conc BI 1,278 $19.80 1.062 1.00 0.99 1.05 $26,605 51 130 $10,437 Exterior Wall-Conc BI 1,368 $19.80 1.062 1.00 0.99 1.05 $28,478 89 130 $19,497 Roof Support 11,424 $4.88 1.062 1.00 0.99 1.05 $58,614 51 130 $22,995 Support 9,400 $4.88 1.062 1.00 0.99 1.05 $45,953 75 130 $0 Cover 11,424 $3.06 1.062 1.00 0.99 1.05 $36,754 30 30 $36,754 Cover 9,400 $3.06 1.062 1.00 0.99 1.05 $30,242 30 30 $30,242 Total $55.93 $1,696,510 $1,193,975 Entrepreneurial Inc $101,791 $71,638 TOTAL RCN & DEP $1,798,301 $1,265,613 Physical Obsolescence: $1,265,613 (From Above) 28 Functional Obsolescence: Against the comparable sales used in this report, the improvements suffer from functional obsolescence due to the specialty nature of the improvements. To support the functional obsolescence adjustment the following sales are identified. The data sheets are on page 51. Location Use Size Year Const. Functional SF Built Class Obsolescence 11890 SR 23 Church 3,680 1971/2007 D 30.8% 7121 Grape Road School 14,494 1991 D 34.8% Liberty Christian Center Church 28,652 1980/1988 C 38.0% City Church of the Brthern Church 24,260 10/50/65 C 39.0% 25416 CR 6 School 99,591 1974 C 40.0% Elkhart Baptist Church 58,337 57/63/71/74 C 41.8% 702 Williams School 24,080 1952/1983 C 46.0% 1000 West Hively Street School 20,283 1968 C 46.0% The subject property likely falls at the low end of the range due to its physical condition. The functional obsolescence is estimated at 28%of replacement costs. Site Improvements: Depreciated$15,000 COST APPROAH SUMMARY Replacement Costs _ $1,696,510 Entrepreneurial I ncent. _ $101,791 Less: Physical Depreciation -$1,265,613 Less: Functional Obsolescence -$503,524 Site Improvements $15,000 Site Value $106,000 Value By Cost Approach $150,164 Rounded $150,000 INDICATED MARKET VALUE BY COST APPROACH $150,000 29 SALES COMPARISON APPROACH RATIONALE In this approach,the typical investor/buyer will make an evaluation based on comparisons of properties suitable for their intended use. The operative word is substitution. Properties are compared to each other and an accounting is made of their significant differences. The typical investor/buyer will pay no more for one property than could be paid for another property with similar utility. On the following six pages,the data sheets for the comparable sales used in this report are presented. On page 46 a grid showing comparable sales are shown. COMPARABLE MAP 4x111 1 :} V Ai 4.+ 'llt - i- '!W - �'m n I., 1t:41 Lf. ' _, lirlii,N4N _1 '' Pi-.q � * it li Gil;t 1 G - 1♦ 81111h.1=- r .'e `ieir71171. ..T. .llIt t vy:. } uwwl a 011pl.. I,II,�y ial. .� _ g•��. i ',____ ,. 1 �� ,Lj� llf, �m��)!�F's�l�ll w.Eua + 111�!. ±�%�: :.�:_o Q I►i 'i - Y 4 it/�i� I� illr 1 nalRwu+illa� '.1• 11 !�y_rJ1=t-:•.t. '�' _ '� Wi r'. •J!IIII . . sll►il– =��.i`. JI'a:.11�i3 + - -1! '� C". I ri. I L Awn, -ti ��1''c ii t4-.7-r�. .y� ( -v t li 1 mi,:i.ilii7'.1'3$�-1+...��'� 'Lr_ •*�iu = .vises, iiii, tzi r�`io..9 � i. "•�. .. 260?R'es—Ave - it ;; �n-. ins i. •.. ?� �� rr ur ull a 1 1 r/1 qrr ",�r rr� rlir6l r III _ +fit is ;�' I v =LIT fi ._' 9. •,N a• r y �r`r-vtanlr . { "8-3 30+h Sr �}, - tc ■Ap, II�;Y�!_ill'il r mau ..ems' E!: 111. a it 32'lu n. 1Ih E / _ WN �y4..1. 1>", ,'1111111WJft y�+ va •':rtu._ • p !� / . v n'uriiv:'' 'si:iii.l "..r%�� 1 ni t• }l.�A ®t fi sue Ip►n�tia�i1;liii 1 :.v•. � 41: rim rlllic a e a '� ii e 2 r fir,' •m u•,ui lea i,..I di�S ' .:. - 03 EE�ae' wai!r rice 1� III s = ; . '�l .__ ` ,sg 'l. �" --ii ii - Stt'" -O ti dilli pg l . f I. J :li,0,f.-, '1r! �• rrd•11:c:�. ��•I i �m.-v a1 T'"- - - -- �;� %.D LORNE * Gels seat sect r:.:Ice-se l C 7005 Ge'..Crne iopo USL66C 1 0 T 1 VA, 2 w ww aMxro wn: urr i•°•ri) Drs Zoo.ti 30 • SOLD COMPARABLE Location: 725-739 North College Street South Bend,IN 46628 Sales Price: $150,000 Date of Sale: 12/15/13 Land Dimensions: Size: 91,912SF Zone: L-1/Light Industrial Value: $30,000 (By Sales Comparison Approach) Improvements: Class: C Size: 41,849SF Height: 8'-2' Age: 1910& 1985 Land to Building Ratio: 2.20 : 1 Replacement Cost by Marshall Valuation Service: Gross $/S.F.: $3.58 Net$/S.F.: $ Parcel Number: 71-08-03-431-007.000-026/71-08-03-431-011.000-026 Buyer: Church of God Seller: Verified: Pastor Jortc Ca sinte ro f 11.1110111"111.1111111" .. 31 SOLD COMPARABLE Location: 2602 Western Avenue South Bend, IN 46619 Sales Price: $68,976 Date of Sale: 10/18/10 Land Dimensions: Size: 5,280SF Zone: C/Commercial Value: $13,000(By Sales Comparison Approach) Improvements: Class: C Size: 4,680 SF+Bsmt 1,196SF Height: 12' Age: 1920 Land to Building Ratio: 1.59 : 1 Replacement Cost by Marshall Valuation Service: Gross $/S.F.: $14.74 Net$/S.F.: Parcel Number: 71-08-326-011.000-026 Buyer: Hells Angels Realty Trust Seller: Kolacz Verified: Selling Public Record G1 32 • ,,.: Aden 133 30I14 ST S $99.900 MOM 231774 at immanent Sal -.:; : AMA 01 90LUTH!bb ME P/P1 30 Otys 901RM iEJD Did 4$$1S P.r Lappet N LWOW* o x o Auto Ow%Ds Y tepl Ocean LANG tJtYrAL M LO Ts*R7latt 1$4004.297$ T1wtsMpt SPOIL /sad Labs 9 13,500 Tan Rosa 5.0031 2o,1M1M C AMd Sys $2$$,900 Med rats $280,400 AwitIsbl.S t DIDIs'a.) Pao Law f/M Orins $W't(opws.k kirsi t,..ntdl4 fNR(Pp m* :Detbt fM MEN Mks$t Pt(Paws.) S Mow M Om Yaw SddRs 192$ host a..rrona.t Osom Ass Ira Ass Tales $0 Ana Utili ieu NM Ow'bet(Mot') Location O r/Pot Yet Patting 31tS DSotuI/dat fellow Dean 0,1A CTY_11M1 SEE_FYfr' SeE_ptas PeMIte-Aos DIPEDSAT •ei SAW 1 t>x OP+rt OM light Mrc s Nodes 2 11wfx /stab o.e Pi Twain COW,CASH Contract Typos fO1t~'b" Multipto Photos P14orlt10 Int 11x6 twh eta Malt so%A Yes Rooftop 1wprr/1111 Tenons Peys DenswPsM ON'WWI Cool L`TiL� Dots/111s Host GAPS !!dent WIellevre Owen: Ones Cat MAC. Mud non •t..". l,.. 1,,.f ••• •...i.1/..MU. .• ♦ J/ !1. a•.. •.♦Pfd. •d i!. ....le Lam Mewl Laws Tonic OttRQI.LONG MAW VI LJSTIG OFD MEAT OPPORitattrY FOR A O0..R H OGCAMQATTON TO GROIN WITH A PURCHASE OF A RIGGER LACATEAL A GREAT MR IR A WELL ESTl1dHHED LOCATIdt um LOAM OF POTENTIAL. E ERY11<ilG S SET UP AND ADDY TO GOWN A LIME TLC NAD THE FPRSH IG TOUQS TO/WE MS A PERRET FOR TO st OR N NATIOL OFF S1iETT PARKING,L eSEI6iT.SNLTLMR. IMMIIICC06.WIC QUAVERS,OPFxB,DAY CARE/REA AND MUD!MR0I N . MST SEE TO APPRECIATE HIVE FDOF REPOR ESTIMATES ON FUi 1110 ArtIOHFD A993SOR WETS ON MROIFETY. A6f3TPS SEE A1TADI16f1S Owners CORP Mss List Mile/2009 X121 List OM 4% At Howe Dab Onwo PIK 574-96$-000 ills 3 D.0 N M.OJ4-1 Y List A.t1 0003011 (RANCH!,POt3T9t YJ<t 574-801— C 574-87$-0570 M/$z$ 1,000 Ant.AOt 23 AFL Apt 2 Pteent AIL Apt 31 AL Apt 3 Phone: AIL Ant 4s ALL.AOt 4 Nom: Pend Dh 10/04/2009 fold/LM Dti 11/06/2009 T)gPat CASH fh t 75,000 SOt Limn Rost Estate d Wham Pk 574465.4375 Pois tai Down P.M SA1 TMOT Y 1101116014 VJL: $74-23S-3415 DON: 439 Liam* Cols 574412-1232 LVOV: Tdoneattea Armed nista it sotpeaeee— Osppt¢t2o1 L bP Saga an FMaltetella Saar_d REACTUPS 010 W 11 1ft29 NI 33 0 ODD 0 0 Commercial Agent Full Detail Report Page 1 of 2 Listings as of: 07/132015 Status Sold CDOU 147 DOW 147 Auction No MLS 8 670702 203 EWING E South Bend IN 46613 LP $129,000 List Agent/Office l,avorrdra Coleman /Assist-7-Sell Buyers 8 Sellers•574.2585377 S List Agent-E-malt LAVONOR&COLEMAN ASSIST2SELLCOI4 �j{ t Co-List Agent IOKce / Parcel*ID 18-7040-1611 Parcel ID 2 Parcel ID 3 State lD 18-7040-1611 Platted Y/N Yes Property SubType Office Area SL Joseph County Township Grid South Bend SE Planned Unit Dvlpmt N Subdivlson Cross Street Original Price 3129.000 Auction No Auction Date Auction Time Auctioneer Name Auctioneer License t Auction Comments Publish to Internet Yes Show Addr to Public Yee Show Comments on Internet Yes Allow AVM on Internet No IDX Include Y Buyer Broker Comp 2.75 Variable Rate(Y/N) No Special Listing Cond. None REO N Short Sale N List Dote 7/107008 Expiation Dale Contract Type Exclusive Right to Sea Remarks HOME NEXT DOOR TAX KEY•18-7040.1612 IS INCLUDED. Agent Remarks HOME NEXT DOOR TAX KEY-18-7040-16121S INCLUDED. Directions to Property Branded Virtual Tour Unbranded Virtual Tour Additional MLS Numbers Section Number Lot Number Zoning C Commercial/Camrerobl District Zoning Desc Lot Dinfensiona Dx0 Approx.Lot Sire Acres Approx.Lot Site SqFt Sq Footage Source Year Built 1980 Age New Construction Not Applicable Years Established Construction Type 1 Construction Type 2 Number of Buildings 1 Stories 2.0 B1dg1 Above Grd SqFt Bldg/Below Grd SgFI Bldgt Story Btdg1 Fin.Office SgFI Bktg2 Above Grd SqFt BIdg2 Below Grd SqFt BIdg2 Story BIdg2 Fin.Office S.Ft Bidg3 Above Grd SqFt B1d93 Below Grd SqFt Bkig3 Story &dg3 Fn.Office SqFt Total AG SOFt Business Name Known hG Storage Tanks Known Soll/Oth Contamin. Legal Description LOT 275-276 BOWMANS 6TH Legal Description 2 Legal Description 3 Total Restroome Baking Height Mlerke Height Ceiling Height 11-1J Column Spacing Parking Parking Type at of Parking Spaces Traffic Count Ughled intersection Lighted Parking Y/N Road Access Road Surface Ingress/Egress Security Gale Y/N Waterfront Y/N Water Type Water Access Water Frontage Channel Frontage Water Hama Presented by: Steve W Sante / Appraisal Services Inc. Information Is deemed reliable but not guaranteed. MIS content Is Copyright®2015 Indiana Regional Multiple Listing Service LLC Featured properties may not be Acted by the office/agent presenting this brochure. 34 Four sales of special purpose buildings are noted in this report. They are summarized in the following grid and are detailed over the previous pages. The sales are summarized as follows: Location City Sale Sale Building Year Price/Bldg SF Date Price Size Build 1111111111IMMIII 111Millit.. AIM 111 725-739 N College South Bend 12/15/13 $150,000 41,849 910&1985 $3.58 833 30th Street South Bend 11/6/09 $75,000 15,018 1926 $4.99 2602 Western Ave South Bend 10/18/10 $68,976 4,680 1,920 $14.74 203 E Ewing St South Bend 11/30/06 $100,000 5,272 1960 $18.97 Subject South Bend 30,332 1900&1964 All four of these sales have similar land to building ratios. They also have access to street parking. OBSERVATIONS: The property at 725-739 College Street was an industrial building that was purchased for use as a church. The building was in very poor condition. The buyer purchased this building and had to do very extensive remodeling. Its condition is likely inferior to that of the subject property. Further, this property had no visibility from a commercial corridor. The value of the subject property is likely greater than the price per square foot shown by this sale,which was $3.58. The property at 833 30th Street is a church building that needed extensive remodeling. The selling broker indicated that there was possibly asbestos on the building interior. This building is not located in a commercial corridor,but is located in a stable residential neighborhood. Its location is judged to be similar to that of the subject property. This building is larger in size like the subject property. Of the four sales identified in this report, this property is most like the subject property. Therefore, the value of the subject property is judged at$4.99. The sale at 2602 Western Avenue is located in the same corridor as the subject property. It was purchased by a social organization. The building is dissimilar in that it contained retail space on the grade level and an apartment on the upper level. The building was smaller in size. Smaller buildings typically have a higher unit cost. It is unlikely the value of the subject property is at or above$14.74. The property at 203 E. Ewing was a sale of a church building. The building appears to have superior condition. Also, it is located at the intersection of two busy roads and is surrounded by stable neighborhoods. It is unlikely the value of the subject property is at or above$18.97. Based on the above analysis,the value of the subject property is estimated at $4.99/SF. 35 The value is as follows: 30,332SF X$4.99/SF = $151,357 R$151,000 INDICATED MARKET VALUE BY SALES COMPARISON $151,000 36 FINAL RECONCILIATION Cost Approach (Includes Site Value) $150,000 Site Value $106,000 Sales Comparison Approach $151,000 Reconciled Value $150,000 Two approaches to value are developed in this report. They are the cost approach and the sales comparison approach. The strengths and weaknesses of each approach are detailed in the following analysis. Cost Approach This approach was developed using Marshall Valuation Service for replacement cost and sales com parison for land value. Depreciation for the individual components is estimated using age/life method. The life of the building is supported using a multiple year study of building demolitions in the region. The site value and replacement costs are well supported in this approach. Further,the depreciation technique used in this report allows the approach to account for the varying age/condition of the individual components of the building. This approach produces credible results. The value by this approach is $150,000. Sales Comparison Approach Four sales are identified in this report. The sales do a reasonable job of bracketing the subjects probable value. The approach produces credible results. The value by this approach is $151,000. The two approaches are given equal weight. The reconciled value is $150,000 My opinion of market value of the fee simple interest of the subject,as of July 10,2015 is $150,000. DATE OF REPORT: July 14, 2015 s c W . SZ- Steven W.Sante, MAI, SRA CG40901229 37 CERTIFICATION I certify that to the best of my knowledge and belief: -The statements of fact contained in this report are true and correct. -The reported analysis,opinions,and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal,unbiased,professional analysis,opinions and conclusions. -I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. The "estimate of Market Value"in the appraisal report is not based in whole or in part upon race,color,or national origin of the present owners or occupants of the property appraised,or upon race,color or national origin of the present owners or occupants of the present owners or occupants of the properties in the vicinity of the property appraised. -My compensation is not contingent upon the reporting of a predominate value or direction in value that favors the cause of the Client,the amount of the value estimate, the attainment of a stipulated result,or the occurrence of a subsequent event. -My analysis,opinions,and conclusions were developed,and this report has been prepared,in conformity with Uniform Standards of Professional Appraisal Practice. -I have made a personal inspection of the property that is the subject of this report. -No one provided significant professional assistance to the person signing this report. -I have preformed no services,as an appraiser or in any other capacity,regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. -The reported analyses,opinions,and conclusions were developed,and this report has been prepared,in conformity with the requirements of the code of Professional ethics&Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. -The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. -As of the date of this report I,Steven W.Sante,have completed the continuing education program for Designated Members of the Appraisal Institute. S ,r.� t..1 . S� 7/14/15 Date Steven W.Sante,MAI,SRA Indiana Certified General Appraiser#CG-40901229 Michigan Certified General Appraiser#1201005623 38 ASSUMPTIONS AND LIMITING CONDITIONS The certification of the appraiser appearing in the appraisal report is subject to the following conditions and to such specific and limiting conditions as set forth by the Appraiser in the report. 1. The Appraiser assumes no responsibility for matters of legal nature affecting the property appraised or the title thereto, nor does the Appraiser render any opinion as to the title,which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal reference to the property in question,unless arrangements have been made previously made therefore. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures,which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 6. Information, estimates, and opinions furnished to the Appraiser,and contained in this report, were obtained from sources considered reliable and believed to be true and correct. However,no responsibility for accuracy of such items furnished to the Appraiser can be assumed by the Appraiser. 7. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. 8. Neither all,nor any part of the content of the report, or copy thereof(including conclusions as to the property value,the identity of the Appraiser,professional designations,reference to any professional appraisal organizations, or the firm with which the appraiser is connected), shall be used for any purposes by anyone but the client specified in the report, the borrower if appraisal fee paid by same,the mortgagee or it successors and assigns, mortgage insurers,consultants, professional appraisal organizations,any state or federally approved financial institution, any department, agency, or instrumentality of the united States or District of Columbia,without previous written consent of the Appraiser; nor shall it be conveyed by anyone to the public through advertising,public relations,news sales, or other media,without the written consent and approval of the Appraiser. 39 9. On all appraisals, subject to satisfactory completion, repairs,or alterations, the appraisal report and value conclusions are contingent upon completion of the improvements in a workman like manor. 10. In this appraisal assignment,the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea formaldehyde foam insulation, and/or existence of toxic waste, which may or may not be present on the property,has not been considered. The appraiser is not qualified to detect such substances. It is urged that the client retain an expert in this field if desired. 11. A legal description was not provided to the appraiser. The legal description in the report is assumed to be correct. We assume no responsibility for matters legal in character nor do we render any opinion as to title,which is assumed to be good and marketable. 12. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws, and that all zoning,building,and use regulations of all types have been complied with unless non-compliance is stated,defined and considered in the appraisal report. It is further assumed that all licenses, consents,permits, or legislative or administrative authority required by any local, state, or federal and/or private entity or organization have been or can be obtained or renewed for any use considered in the value estimate. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for other than its intended use by anyone other than the Client without the prior written consent of the Appraiser or the Client, and then only with the proper identification and qualification and only in its entirety. No change of any item in the report shall be made by anyone other than the Appraiser and/or officer in the firm. The Appraiser and firm shall have no responsibility if any such change is made. 14. Any after-tax investment analysis and resulting measures of return on investment are intended to reflect only possible and general market considerations,whether used to estimate value or return investment given a purchase price. Please note that the Appraiser does not claim expertise in tax matters and advises Client to seek competent tax advice. 15. The liability of Appraiser and the firm is limited to the client only and to the fee actually received by Appraiser. Further, there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client,the Client shall make such party aware of all limiting condition and assumptions of the assignment and related decisions. The Appraiser is in no way to be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property;physically,financially, and/or legally. In the case of limited partnerships or syndication offerings or stock offerings in the property, Client agrees that in case of lawsuit(brought by lender,partner, or part owner in any form of ownership,tenant, or any other party) , any and all awards, settlements of any type in such suit,regardless of outcome, Client will hold appraiser completely harmless in any such action. 40 16. Any projections, forecasts, etc. regarding future patterns of income and/or expenses, prices/values, etc.represent that analyst's best estimate of investor anticipations with respect to these items,based on information available at the date of appraisal or analysis. Such information includes forecasts/projections published by recognized sources such as economists, financial publications, investor surveys, etc. Economic trends can affect future behavior of income, expenses,values, etc. Change in these items caused by future occurrences could result in values different from those established in this report. We cannot accept responsibility for economic variables in the future which could not have been known or anticipated at the data of analysis (inflation rates, economic upswings or downturns, fiscal policy changes, etc.). 17. The Americans with Disabilities Act(ADA)became law effective January 26, 1992. I have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property,together with a detailed analysis of the requirements of the ADA, could reveal the property is not in compliance with one or more of the requirements of the act. If so,this fact could have a negative effect upon the value of the property. Since I have no direct evidence relating to this issue, I did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. 18. Acceptance of, and/or use of, this appraisal report by Client or any third party constitute acceptance of the above conditions. APPRAISER LIABILITY EXTENDS ONLY TO STATED CLEINT,NOT SUBSEQUENT PARTIES OR USERS,AND IS LIMITED TO THE FEE RECEIVED. 19. The estimated values contained within this appraisal report are subject to completion of plans and specifications. • 41 QALIFICATIONS OF THE APPRAISER STEVEN W. SANTE,MM, SRA EMPLOYMENT HISTORY 9/91-Present Appraisal Services,Inc APPRAISAL EDUCATION: See Attached PROFESSIONAL AFFILIATIONS & LICENSES SRA(designation conferred 12/15/06) MAI(designation conferred 1/30/13) Certified General Appraiser IN&MI South Bend/Mishawaka Multiple Listing Service Elkhart County MLS Northern Indiana/Southwest Michigan Chapter Positions: Treasurer 2002-2008 President 2008-2010 Appraisal Institute: National Experience Reviewer 2007-2008 Milton Township (Cass County Michigan) Tax Board of Review 2008-present PRESENT CLIENTS: University of Notre Dame, Mutual Bank, Teachers Credit Union, Is` State Bank, Indiana Community Bank, Lake City Bank, 1st Source Bank, Ontwa Township, City of South Haven 42 Appraisal 510 W.Von Surat SL T•31'2-33;.4100 • rI1I1III�I:r 1.t15t]Ct�LC° smemuu Chicago. F312-3Oo-Chicago.IL 60607 ww.approha Innaute.ora PryRviondr Pnefbne Real[slaw SelatYnr Education Transcript Steven W.Sane,SRA Appraisal Sell/tees,Inc.. ACC&/ 16862 814 East LaSalle Avenue Sarin Bend,IN 466'17 Hrs. Hrs. Program Date Location Type Status Ago Exam The Uniform Appraisal Dataset from Fame 0:123/2011 S. Standard 7.0 80 Mae and Freddie Ma Bend-Mishawaka Bd./Realtors South Bend,IN Rates and Ra6Js:Making sense of Gads,. 05/10/2011 Sadh Bend! Standard 7.0 0.0 OARs,and DCFS INshawaka Board or Realtors South Bend,IN Michigan Riles 05/102011 South Bend,IN Standard 2.0 0.0 Business Practices and Ethics 11108/2010 Qualify Inn Standard 7,0 0.0 South Bend,IN Evaluating Commercial COnsWctim 09123-24/2010 Ramada Angola Standard 16.0 0.0 Angola,IN Lawrys Diner and Chicago Architecture 08202010 Lawry's the Pane Standard 2.0 0.0 Boat Cruise Rol Chcago,IL The Discounted Cash Flow Modes 07/162010 Quay Im Standard 7.0 0.0 Concepts,Issues,and Apps. Sawa Bend.IN General Demonstration raisal Report 04892010 Education Standard 7.0 00 Writing Seminar Resource.LLC Inaaaapois,IN Appraisal Review-General 03/122010 Duality Inn Standard 7.0 0.0 South Bend,IN 7-Hour National USPAP Update Course 03/11/2010 Quality In Standard 7.0 0.0 South Bend,IN Michigan Rules 03/11!2010 Duality Inn Standard 2.0 0.9 South Bend,IN Advanced Applcatims 01212009- Pearson Vue Reexam Pass 00 4.0 01212010 Testing Centers Exam 02/102009 7-Hour National USPAP Update Comae 0521/2009 Pork*.Gri Standard 7.9 00 La Pa00.N Report Writing a a Vakna9on Anahsts 05104-092009 Chicago Chapter Standard Pass 26.0 140 Education Center (ilea) CMrago,IL Advanced Sales Comparison&Cost 04/16.27)2009 Chicago Chapter Standard Pass 360 4.0 Approaches Education Center New) Clirago,IL • Advanced Appicativns 01/15-21)2009 CNcaga CtapM Standard Fail 36.0 0.0 Education Center (New) Chicago,IL Page 1 ot 3 7/13'2011 • 46 • Hrs. Hrs. Program Date Location Type status Ann Exam General Appraiser Report Wilting and Case 10/27-302008 Chicago Chapter Standard Pass 28.0 2.0 Studies Santana,Center (New) CN ato,IL Partial Interest Valuation-Divided 09/182008 Signature to Standard 7.0 0.0 South Bend,IN General Appraiser Site Vaktanon&Cost 07/21-242008 Chicago Chapter Standard Pass 28.0 2.0 Approach Education Center (New) Chicago,IL Hair To Wme A Tax Appeal Appraisal 06/122008 eMart,IN Standard 4.0 0.0 Real Estate Finance Statistics and 06(10.112008 050-Fawcett Standard Pass 14.0 1.0 Valuation Modeling Center for Tomorrow Columbus,OH Michigan Rules 05/15/2008 South Bend,IN Standard 2.0 0.0 General Appraiser Sales Comparison 02/11-142008 Irlanapct,tld Standard Pass 27.0 3.0 Approach General Demonstration Appraisal Repoli 01/112008 Wisconsin Chapter Standard 7.0 0.0 Wrlaq Seminar cites Appraisal insitule lAlwaukee,WI General Appraiser Market Analysis and 10/22-25/2007 Lancaster County Standard Pass 28.9. 2.0 Highest&Best Use Association d Realtors Lancaster,PA Expatiates Tran"rg Seminar 09/072007 The Westin Standard 3.0 0.0 Mdtgan Hotel Chicago,IL Advanced Income Capitalization 0820-252007 Uv/asiy of North Standard Pass 36.0 4.0 CaroNta at Greensboro Greensboro,NC Basic Income Captatason 04/30-05952007 University of North Standard Pass 36.0 3.0 Carol=at Greensboro Greensboro,NC 7-Hour Natbnat USPAP Update Cause D3/162007 LaSale Bunk Standard 7.0 0.0 Troy,MI Highest&Best Use and Markel Analysis 09118-232006 The Care at the Standard Fat 36.0 0.0 Manbtl Courtyard Hotel Springfield,MO Business Practices and Ethics 03/17/2006 S. Standard Pass 7.0 1.0 Bend-Mishawaka Bd./Realtors South Beni,IN 7-Haar NabcnaI USPAP Update Course 0321 Noes inn8 Standard Old Not 70 0.0 Conference Center Write Niles,MI Apprais g Manufactured Housing 02)032005 Mon Grand 313063rd 7.0 0.0 Rapids Atport Grand Rapids,M Avoiding Llabilty as a Residential Appraser 1020/2004 WOowdook Standard 7.0 0.0 Holiday Inn Wibwtwool.N Advanced Residential Form&Naurive 11/17-232002 Chicago Chapter Standard Pass 20.0 20.0 Report Writing Educaeon Center Chicago,IL Page 20f3 7/13/2011 47 Hrs. • Program Date Location Type Status Mtn Exam Fundamental¢cif Reification Appraisig 10222001 S. Standard 7.0 0.0 Bend-Mishawaka BdiReakors Sough Bend,IN Appraising Manufactured Housing 11/17/2000 Fetzer Center Standard 7.0 0.0 Kalamazoo,MI Standards of Professional Practice,Part B 05242000 Management Standard Pass 7.0 1.0 Education Center Troy,MI Standards of Professional Practice,Part A 0522-23/2000 Mahagentent Standard Pats 15.0 1.0 (USPAP) Education Center-NSU Troy,MI Residential Demonstration Appraisal Report 06/21-22!1999 Hampton km& Standard 14,0 0.0 Wrong Seminar Suites CNCaga,I6 PHA and the Appmsal Process 07/15/1999 ktyrdam NW Standard 7.0 0.0 Itasca,IL Appraisal Review-Residential Properties 10/16/1998 Ramada kin Standard 7.0 0.0 Elkhart,IN Sales Comparison Valuation of Small, 09/22-23/1998 Ramada Inn Standard Did Not 15.0 0.0 Mead-Use Properties Saum Bad,IN Write Standards of Professional Practice,Part A 07117-18/1997 Mlans Banquet Standard Pass 15.0 1.0 (USPAP) Vagoraso.IN M a S Handbook Cost-Estimating, 04/30/1997 Ramada Inn Standard 7.0 0.9 Residential South Bend,IN Residential Case Study 11/14-20(1993 Ramada Inn Standard Pass 36.0 30 Elkhart,IN Advanced Income Capitalization 04/16-05/08/1993 Society Bank Standard Pass 36.0 4.0 Butting South Bend,IN Basic Income Capitalization 03/12-27/1993 Ramada Inn standard Pass 36.0 3.9 ashat,IN Standards of Professional Practice,Part B - 03/05-06/1993 Ramada M Standard Pass 10.0 1.0 Ethan,IN Standards of Prof.Practice,Part A 10/03-04/1991 Metro Indiana Standard Pass 15.0 1.0 Board of Realty Inlanapufs,IN Introduction to Appraising Real Property 09)08-20(1991 5. Standard Pass 45.0 6.0 - Bend-M"sharaka Bd./Realtors South Bend,IN Page 3ot3 7/132011 48 50 ............ 1316 COtOT'-CITY Dom w F( % 5 Pwns.574t235-9251 227 W.Jamasrarm s� F 574/215-9171 SOUTH BIND.INDIANA 466 \ �''NA 46601-1830 at/ OF SOUTH Bunn Pm BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS June 23,2015 Steven Sante Appraisal Services,Inc. 814 E LaSalle Ave South Bend,IN 46617 RE: Professional Services Proposal—Appraisal Services for Polish National Alliance at NW Corner of Olive&Western Dear Mr.Sante: The Hoard of Public Works.at its meeting held on June 23,2015,approved the above referenced proposal in the amount of$1,8001)0. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter,please call this office at(574) 235-9251. Sincerely, t T1(1 Y'oA:fA.- Linda M.Martin,Clerk • Enclosure c: David Rclos,Community Investment Michael Schmidt,Legal Guar A.GI or DAVID P.Rues K*mnrn E Roos Euzv+ETH A.MARAaIE Bauer J.PAwI ows,u 49 David Ryles From: Steve Sante<stevesantemaisra@gmail.com> Sent Friday,June 05,2015 8:33 AM To: David Rebs Subject: Re:Commercial appraisal RFP-PNA#83 Dave: My fee is$1,800 for this assignment. I can have it by the requested four week deadline. • Thank You, • Steve APPROVED Board of Public Works tier N 2 2 /. ....04107M V11,.Y09- #.1I kL 50 ADDENDUM SALES TO SUPPORT FUNCTIONAL OBSOLESCENCE SOLD COMPARABLE Location: Elkhart Baptist 2626 Prairie Elkhart, In. .46517 Sales Price: $850,000 Date of Sale: 5/05 LAND Dimensions: Size: 21 building sites Zone: Residential Value: $315,000 IMPROVEMENTS Class: C Size: 58, 337 SF + Parsonage Height: Age: 1957/63/71/74 Effective Age: 88 . 9% accrued. 47%1% physical 41 .8% Functional Land to Building Ratio: Replacement Cost: $78 .65 Gross $/S.F. : $14.57 Net $/S.F. : $9.17 Buyer: River of Life Seller: Baptist Church ' Deed Record: Verified: Seller/Inspection rE �J w"' f ' Q R: a: O. cc i 1 } T o • ,o - 11 51 SOLD COMPARABLE Location: Liberty Christian Center SR 120 Sales Price: $550, 000 Date of Sale: 9/99 LAND Dimensions: Size: 4 .22 acres Zone: A-1 Value: $39, 000 IMPROVEMENTS Class: C Size: 28, 652 SF Height: 20 ' Age: 1980/88 Effective Age: 686- accrued. 306 physical Land to Building Ratio: 6 .42 : 1 Replacement Cost: $60 Gross $/S.F. : $19 .20 Net $/S.F. : $17 . 83 Buyer: Seller: Liberty Christian Center Deed Record: Verified: MLS/Seller/Inspection .v ..r 52 SOLD COMPARABLE Location: City Church of the Brethern 246 Wolf Elkhart, In. 46517 Sales Price: $245, 000 Date of Sale: 6/.00 LAND Dimensions: Size: 69, 705 SF • Zone: A-1 Value: $51, 000 IMPROVEMENTS Class: C Size: 24, 260 SF Height: Age: 1910/50/65 Effective Age: 89k accrued. 5n physical Land to Building Ratio: 1..64 : 1 Replacement Cost: $75 Gross $/S.F. : $10. 10 Net $/S .F. : $8 . 00 Buyer: Seller: City Church of the Brethern Deed Record: Verified: Seller/Inspection a • .d .W;Cleveland Ave - _.- E a) co .�� •�ter» s 11141111W1116%*4.1111.041M,900,0 -_ t L • • 53 SOLD COMPARABLE Location: 1000 W. Hively Elkhart,. In. Sales Price: 251, 000 Date of Lease: 5/95 LAND Dimensions: N/A Size: 7, 6 acres Zone: B-2 Value: $150, 000 (Sales Comparison) IMPROVEMENTS Class: C - 1 Story School Size: 20, 283 Gross, 16, 921 Net Height: 14 ' Age: 1968 Effective Age: 46% Phy; 46% Functional Land to Building Ratio: 3 . 5 :1 Replacement Cost: $63 .11 (Segregated MVS) Gross $/S.F. : $12 .37 Net $/S.F. : $4 . 98 Rent: $ PGI: $ GIM Vacancy: % OER % Taxes:$ Management: Other: $ OAR: Buyer: Child Prevention Services Seller: Elkhart Community Schools et al Deed Record: Verified: Seller/ Public record This was an urban school in Elkhart. New user uses for offices and recreaction areas. t G , a bad la County:Road.18.W,HivelyrAve....Couray.Ro- L a rn . 54 SOLD COMPARABLE Location: 25416 CR 6 Elkhart, In. 46514 Brookdale , Sales Price: $510,000 Date of Sale: 7-94 LAND Dimensions: Size: 20.905 acres Zone: M-1 Value: $250, 000 (Sales Comparison) IMPROVEMENTS Class: Class C (office - originally a school) Size: 99, 591 Gross . 72, 000 net leasable 17, 992 •divided offices Height: 12/20 Age: 1974 Effective Age: 56% Phy. 40% Func. Land to Building Ratio: 9.14':1 Cost To Create: $61.80 (Segregated .MVS) Gross $/S.F. : $5.12 Net $/S.F. : $2.61 . Rent: $7.02/SF N for office portion ($4 .02 NNN) PGI: $126,215 GIN: 4.04 (Using office leaseable only) Vacancy: OER • Taxes:$ Management: % Other: $ OAR: Buyer: Walter Piano Seller: Deed Record: Tax Key #13-02-28-201-001 Verified: FM agent for seller 20% of costs are classroom/ 80% of costs are open area costs. This was originally built as a middle school. It is located . in a rural area outside of Elkhart. It was built as a township school which was later merged with the Elkhart Community School Corp. ._ _._ w County woad 6 Heaton Lake. r ttiate _, .. :..- Gt, y`.{.-4,, :,. „.......-vik. ::--,,e2...:.- -:04::•:.,'4A1 . s= 'A� :.. f 55 SOLD COMPARABLE Location: 702 Williams Elkhart,' In. 46516 ADEC Sales Price: $350, 000 Date of Sale: 6-01 LAND Dimensions: Size: 3 . 03 acres Zone: R-3 Value: $71, 000 IMPROVEMENTS Class: C School Size: 24, 080 Height: Age: 1952/83 Effective Age: 39% Phy. 85a accrued Land to Building Ratio: 5.48 :1 Replacement Cost: $77.18 Gross $/S.F. : $14 .53 Net $/S.F. : $11 . 59 Rent: PGI: GIM: Vacancy: OER o NOI OAR: Buyer: Elkhart Community Schools Seller: ADEC Deed Record: Verified: Buyer 0 ♦ of • N � Ml y.:. -I:.. :,4"r 2 aK ! _ _ . _. ■n SOLD COMPARABLE Location: 11890 S.R. 23 Granger, IN 46530 Sales Price: $230,700 (After adjustments for personal property and favorable financing) Date of Sale: 3/16/09 Land Dimensions: Irregular Size: 4.03 Acres or 175,506SF Zone: Residential Value: $82,000(By Sales Comparison Approach) Improvements: Class: D Size: 3,680 SF Height: 16' Age: 1971 &2007 Effective Age: 14.3%Worn ; 54.9% Good Physical 45.1%accrued or 30.8% functional Land to Building Ratio: 47.69 : 1 Replacement Cost by Marshall Valuation Service: $73.57 Gross$/S.F.: $62.69 Net$/S.F.: $40.41 Buyer: Oasis Christian Fellowship of Granger Seller: Verified: Selling Selling Agent/Contractllnspection • 57 SOLD COMPARABLE Location: 7121 Grape Road Mishawaka, IN 46545 Sales Price: $790,000 Date of Sale: 12/30/09 Land Dimensions: 225 X 248 &253 X 221.31 Size: 2.57 Acres or 111,791SF Zone: S-2/Planned Unit Development Value: $250,000 (By Sales Comparison Approach) Improvements: Class: D Size: 14,494 SF Height: 9' Age: 1991 Effective Age: 30.3%Worn ; 34.9%Good Physical 65.1% accrued or 34.8% functional Land to Building Ratio: 7.71 : 1 Replacement Cost by Marshall Valuation Service: $106.66 Gross$/S.F.: $54.50 Net$/S.F.: $37.26 Buyer: Grape Road BMC Partners, LLP Seller: Davenport University Verified: Selling Inspection/Public Record '-`r- �t.. 9. "mow 4• tr.T 58 REAL ESTATE APPRAISAL REPORT I POLISH NATIONAL ALLIANCE #83 2401 WESTERN AVENUE SOUTH BEND, IN JEROME E. MICHAELS, MAI JEROME E. MICHAELS APPRAISAL COMPANY 116 SOUTH ST. LOUIS BOULEVARD SOUTH BEND,INDIANA 46617 l{i APPRAISAL OF: POLISH NATIONAL ALLIANCE#83 2401 WESTERN AVENUE SOUTH BEND,IN PREPARED FOR: Mr. David Relos Economic Resources Dept. of Community Investment 227 W. Jefferson Blvd. South Bend,IN PREPARED BY: Jerome E.Michaels,MAI Christopher Michaels,Trainee 116 S. St.Louis Blvd. South Bend,IN 46617 DATE OF VALUATION: July 7,2015 DATE OF INSPECTION July 7,2015 DATE OF REPORT: July 17,2015 Jerome E. Michaels, MM Real Estate Appraiser • Consultant 116 5. ST. LOUIS BOULEVARD • SOUTH BEND, INDIANA 46617 / (219) 233-1449 • FAX (219) 288-1449 L July 20,2015 Mr.David Relos Economic Resources Dept.of Community Investment 227 W.Jefferson Blvd. South Bend,IN RE: Polish Nation Alliance#83 2401 Western Avenue South Bend,IN Dear Mr.Relos: Pursuant to your request,we have personally inspected the above captioned property for the purpose of estimating its Market Value. A definition of Market Value and a legal description of the property are contained within this report. ( The property rights appraised are all those right rights accruing to the"Fee Simple Title Holder." It is our opinion that the Market Value of the property as of July 7,2015 is: TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) Immediately following this letter of transmittal is a narrative appraisal report having several pages of documentation containing the methodology and rationale used in arriving at this value estimate. This report is for the exclusive use of our client,the City of South Bend.. We hereby certify to the best of our knowledge and beliefs that the statements contained in this report are correct and that we have no present or future interest in the property appraised. The amount of our fee i of based in 4 way upon the valuation of t}}}he property appraised. Npectfully submitt: • e E.Michaels,MAI Christopher J.Michaels,Trainee ified General Appraiser Certified Residential Appraiser <te of Indiana State of Indiana CG69201428 LR69201584 TABLE OF CONTENTS Page(s) Letter of Transmittal Subject of Report Table of Contents Summary of Salient Facts ii USPAP Appraisal Requirements 1 Pertinent Data 2-5 (flood map p. 3) Highest and Best Use 6 Brief Comments on Location 7-8 Location Map 9 Immediate Area Affecting Marketability of Subject Property 10 Site Description 11 Land Valuation 12 Description of Improvements 13-24 (building plan p. 16) (Photos pp. 17-24) Cost Approach 25 Income Approach 26-28 Direct Sales Comparison Approach 29-31 Correlation and Conclusion 32 Addendum 33-41 1 i SUMMARY OF SALENT FACTS LOCATION: 2401 Western Avenue SOuth Bend,IN SITE: 44,553 sq. ft. INDICATED VALUE VIA: COST APPROACH Not Developed INCOME APPROACH $254,000.00 DIRECT SALES COMPARISON APPROACH $244,000.00 DATE OF VALUE ESTIMATE: July 7,2015 DATE OF INSPECTION: July 7,2015 INDICATED VALUE: $250,000.00 FINAL VALUE ESTIMATE: $250,000.00 ii PERTINENT DATA Location of the Property Appraised: The subject property is located at 2401 Western Avenue, South Bend, Indiana. This is the northwest corner of the intersection of Western Avenue and Olive Street. fStatement of Ownership: The Assessor's records indicate ownership in the name of Polish National Alliance #83 Star of Victor. Present Occupant and Use: As of the date of the appraisal, the property is used by the PNA #83 as their headquarters and club building. Property Rights Appraised: The property rights appraised are those rights in "Title in Fee Simple." This includes all rights, which are lawfully owned, and is considered an"Absolute Fee"without { limitations to any particular class of heirs or restrictions. Zoning: According to the Area Plan Commission, the property is zoned "CB (Community Business District.) This would be in accordance with its present use. f HUD Flood Plain Statement: The subject property is not in a Flood Plain area. A Flood map is included on the following page. Legal Description: 101.5 x 444.1' Ex S 0.012 Ac+-Part of Singer Tract 3 Sec 10-37-2E 11/12 split To City of SB for street 658OWD 9-13-10 { 2 USPAP APPRAISAL REQUIREMENTS The Uniform Standards of Professional Appraisal Practice requires a number of items to be covered in this report, plus a signed certification. Some items are of particular importance and these are addressed as follows: Competency Provision: The appraiser established his full service appraisal company in 1969 and has appraised a number of commercial, industrial, and residential properties in St. Joseph County, Indiana. The appraiser is thoroughly familiar with the format for appraising a commercial building such as this. Sales History: It is my understanding that PNA (Polish National Alliance) purchased this building in 1949. The initial purchase price is unknown. Since this is in excess of three years, it is no longer relevant. Marketing Period: This building has been remodeled into a fraternal club, which makes it somewhat unique. If this building were marketed a logical buyer would be another fraternal organization that could utilize the building to its best advantage. This would extend the marketing period substantially, and it would be reasonable to assume a marketing period of 1-3 years. r _ Market Trends: The real estate market for commercial buildings has been relatively quiet over the past few years since the economic recession. However, it appears that activity in this sector is starting to pick up. Personal Property: The Appraisal is confined to the land and buildings constructed thereon. No personal property is included in this report. i 1 1 . FUe No. Ij 11.1 FLOOD MAP Borroweroreenar polish National Alliance Property Address 2401 Western City South Bend ' county St.Joseph State IN Zip Code 46619 1. St umfin me 1 i s n Client if o So] .t Y.. - __ L., 1 it 1 . .. 1 I „ • .. i ,Il , . ,11,-- , . .im \ i- Yes . �'L,j�i'�I LI,I e„.__ _ ..„. i o I 1 4 1 I ellit 1 eV sefeeeon a • I I_ I I I IIIII 1__ S4 wwmtau Ave 1 \g, °f'j, I 1 1 I lc S is ra �� i—I I I ! I I P I II y I I I I - ; N to E II ■I I W Po4od& I • I I I _ L wper.sn 5< �_. I ounnan Sr : ' I l j 5 i I ,4g ( I l I°' N ,s l ► = T , i i = --- Ian_ • 'load Zones I Areas inundated by 500-year flooding Floodway areas I Areas outside of the 100-and 500-year flood plains Floodway areas with velocity hazard -`- t Areas inundated by 100-year flooding Areas of undetermined but possible flood hazards Areas inundated by 100-year flooding with velocity hazard Areas not mapped on any published FIRM Flood Zone Determination 'atitude: 41.672749 This Report is for the sole benefit of the Customer that ordered and paid for angltude: -86.283600 the Report and is based on the property information provided by that .:ommunity Name: Customer.That Customers use of this Report is subject to the terms agreed SOUTH BEND,CITY OF to by that Customer when accessing this product.No third party is authorized to use or rely on this Report for any purpose.THE SELLER OF THIS REPORT 'ommunity- 180231 MAKES NO REPRESENTATIONS OR WARRANTIES TO ANY PARTY FHA(Flood Zone): No CONCERNING THE CONTENT,ACCURACY OR COMPLETENESS OF THIS 'Within 250 ft.of multiple flood zones: No REPORT,INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS Zone: X Map it: 1814100191 D FOR A PARTICULAR PURPOSE.The seller of this Report shall not have any anal: 0191D Panel Date 01/06/2011 liability to any third party for any use or misuse of this Report. IFS Code: 19141 Census Tract 23 PERTINENT DATA(cont.) ASSESSED VALUATION: PARCEL NO. 71-08-10-180-044.000-026 Land $ 25,100 Improvements 259,700 Total $284,800 ( Taxes: I have checked with the Treasurer's Office, and they have informed me that this property is tax exempt so there are no taxes due or payable. Date of Inspection: The subject property was inspected on July 7,2015. Date ofAppraisal: The date upon which this appraisal applies is July 7,2015. Purpose of the Appraisal: I The purpose of the appraisal is to estimate the fair Market Value of the subject property. Market value is defined as: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently,knowledgeably,and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and each acting in what he considers his own best interest; 3. a reasonable time is allowed for exposure in the open market; 4 PERTINENT DATA(cont.) 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto: and 5. the sales price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. In simple terms, it is the likely selling price of the subject property as of the date of this appraisal,July 7,2015. Scope of the Appraisal: ( This appraisal is intended to be an Appraisal as defined in the Standards of Professional Practice of the American Institute of Real Estate Appraisers; i.e., it is our intent that the results of the analysis, opinion, or conclusion be that of a disinterested third party. It is our intent that all appropriate data deemed pertinent to the solution of the appraisal problem be collected, confirmed and reported in conformity with the Standards of Professional Practice of the Appraisal Institute. The extent of the work and the size of the report are intended to be appropriate in relation with the significance of the appraisal problem. C Environmental Disclaimer: The appraiser is not an environmental engineer. This appraisal is done without benefit of an environmental audit. This appraisal is not an environmental audit. The value - conclusions expressed in this report are based on the assumption that there is no environmental damage. If such damage exists,the value conclusion may be affected. Function of the Appraisal: The function of the appraisal is for decision-making purposes by my client, The City of South Bend Community Investment. tt 5 ij { HIGHEST AND BEST USE The Highest and Best Use(or most profitable use) is that use which is most likely to produce the greatest net return to the land and/or the building for a given period of time. Only those uses which are natural,probable, legally permissible (unless a strong possibility of change is evident),and are reasonably in demand have been considered. This is a unique property in that the original building was a horse barn for the Singer Sewing Machine Manufacturing Company in the late 1800s or early 1900s. This original part of the property was remodeled and added on to in order to make a private club. The building contains 12 bowling alleys; a large bar, and a large seating area on the first floor. The second floor also contains a large area that they rented out for wedding receptions or similar functions. The building could be utilized as a bar/restaurant, but there is no question that the Highest and Best Use that would utilize the facility to its fullest would be its present use as a private club. 6 BRIEF COMMENTS ON LOCATION In the preparation of this report, as well as scores of other assignments in this metropolitan area over recent years, the appraiser has reviewed a massive amount of locational data. However, since the client is already familiar with this area and this particular location, setting out detailed locational data would appear to serve no useful purpose. Rather a brief discussion on locational factors is confined to the following comments considered to be particularly relevant. For those interested in statistical information about the city reference should be made to the "General Area Information" in the Addenda. 1. The population in the metropolitan area continues to lose residents to the suburbs. Even though it has stabilized somewhat from the considerable amount of shifting that took place in the 1970's and 1980's, there still seems to be a steady exodus to the suburban areas,particularly the Harris Township area. 2. The industrial base of the city continues to slowly erode. Several of the old manufacturing companies, such as South Bend Toy,the Torrington Company,Raco, Dodge Manufacturing, and Wheelabrator-Frye have left the area for the south or other areas offering free land and tax incentives. 3. Some of the older industries have been replaced with newer industries,primarily UN Tek and UN Kote, located west of the City of South Bend near New Carlisle. McDonald Machinery has located a plant here. Clark Information Technology Center has relocated its headquarters here. South Bend Drug Company completed a new warehouse and distribution center in the Landmark Industrial Park northwest of the city. 4. Real estate values continue to steadily decline. There has been a phenomenal amount of new construct of higher priced homes in Quail Ridge, Quail Valley, Shamrock Hills, Wellington Park, Waterford Green, and other prestigious subdivisions. New subdivisions in Harris Township open on an almost monthly basis. 5. The Grape Road area in the eastern part of St. Joseph County has experienced phenomenal commercial growth. The University Park Mall has been the catalyst for this unprecedented development, and satellite shopping centers have developed in every direction from this center. 6. The Central Business District has changed from its original retail character to almost exclusively governmental and professional offices. Among the newer buildings in the central business district are One Michiana Square,Memorial Skyway Plaza, AM General Corporate Headquarters on the East Race, and the McGladrey Building. 7 i BRIEF COMMENTS ON LOCATION(cont.) 7. The Michiana Regional Transportation Center has airline transportation as well as being the location of the South Shore Railroad terminal. It is also an important stop for the United Limo Buss Service which runs between South Bend and Chicago's airports. 8. The Blackthorn Golf Course and Industrial Park, located north of the airport, are the newest effort on the part of the city to attract corporate offices and high-tech industry. The challenging golf course should have a very positive impact on this development. 9. The University of Notre Dame continues to expand and has become the second largest employer in the area. s 8 te: N Kenmore St i 3". 43• p.,I° "a- i 1 ICI 7. ' S Ke1111100 SI • ..., : P./■ T i 1 S Fillr.051 St S Faison St IS UOIlf3 N aP. 5• a g . I :C. el , II S lake St S Lake St . , - I . • i 0 .0 p.,1 II Keiti2 2 so t.,2 IS PAID'S k FP) eV. FI7' `..1 o ti;re I „. : S Kentucky St z r ( . Is hpmvaN 5 Pr n : 1 . Ai 4 III .m 2. W jr• n p, ot I ' •. 4 le IS intiona i ,, 1s6aPuro 5-• /27 ' z ;-',, io i . 7 IS impair) Is nape) , p,Goodland Ave '1 , -) , S ilg I P.,'- ... ; . - r Elliott St Is niacin s S Liberty St a •ie . , I ,. S Pendia Dr iv r 1,104695 m .-i- feu Ale pp, DI S Dendix Dr .., r. r gni! It • I, 4 r to g • • i. .:1. •;...: s Kaley St IS lirli 5•.=L: of, 11 r• Pt gl• 011 N Meade St :14 • g .,, I 1 e-'• i I •I`'I I S) !I. Lel t 6 s opk e A Isa rii, r IS acaeachl Fremont St 7- , :3 :„.• t.!"...%I w. a a , S.. g ‘c) 15 6410 N g _ 1 I I, 8-ii. liP 'sank°5 cg -j g g 213 5' Philippa St .• ii-I ft - a a .4. , -^-er-riniii-aii '' IS aiPeS Ig ; 5: r.i H 6 E. Y.' Huey St I. ' S Carlisle St . o lisib St I "i. ;I 3 uey St • o > ,r B. .• to Obrien St 11 • . i.„ 5 Dineen St g g 0 a SI $ i' S Gant St , ii S Grant St sa• R .12 Johnson St 'r7 L14.• rt• I i I iiii. 16 5 Prookfield St . $* n ,; i 4.: ti o I, sic-.4 S laSkIr0 St . a. o 1 5 radrsonSt ‘ I .< C a) f it Sick n St . s o cgrege St 1., tg 4 t.' ? vi o 45!Icelnd S : .. . - 13 5 Pulaski St e ii, n io Pulaski St i i Z g P tø t 0 .I. Is 0;rSflpSDA l l .. . LI Wilber Sc , •. t v, Biel soli St•`4," ttO0 a iTV. 9 slia St 3 oa r l4 • • ID is/wa ) d tEii.. r. •aid ee .. c S PeekS Stuebaker St e &axone Ave i< S Chestut St 1 o.o..r v, 0 , any alepumea b 11 A S ss.„ s• ... • aa VI s walnut st 1,,,) .., .0 H, 5,,, o.,,,a, 5.as anuyam N Diamond Ave ,o B 0. o to 8 Y. ,.., , q .6- r 9 # g 0 ji 0 7r-I FN ; • %; II:Ir. g N Cleveland Ave -Webster St 11 ... i . a - 5 t4 •Atrebster St i i m•inns sr se .z. IMMEDIATE AREA AFFECTING MARKETABILITY OF SUBJECT PROPERTY The subject property is located on the west side of the City of South Bend, specifically at the northwest corner of the intersection of Western Avenue and Olive Street. This is a busy intersection with a branch bank located at the northeast corner of Western and Olive, and a gasoline station located at the southeast corner. There are commercial buildings on the southwest side of the intersection. Olive Street is a heavily travelled artery going in a north-south direction, and Western Avenue is an extremely active artery going in an east-west direction. Historically, the land located north and east of the intersection was the location of the Singer Sewing Machine Manufacturing Company,which operated in the late 1800s and early 1900s. This encompassed several acres of land and several multistoried buildings. The Singer Co. left South Bend in the 1960s, and their property was purchased by Rommy Hammes, an investor, who turned a large portion of the old Singer Buildings into Marycrest Commercial Building. Also,the portion fronting on Olive Street was remodeled as the Rommy Hammes Ford Dealership. The corner was first turned into a restaurant,and later became a branch bank. The west side of the City for several blocks surrounding this intersection was largely populated by Polish Immigrants who worked in the surrounding factories. It was ( therefore only logical when the subject property became available that it was purchased by the PNA Fraternal Group as their Lodge Headquarters. This was within walking distance of many of the Polish homes and members of this alliance. Over the years, the ethnic composition of the surrounding neighborhoods has changed dramatically. Presently the Hispanic population has replaced the Polish population. Western Avenue continues to be a densely developed commercial artery. However, Hispanic businesses have replaced the former Polish business that were located along the street. It should be noted that Western Avenue is also known as SR 2. It carries traffic from downtown South Bend westward to LaPorte,Michigan City and Chicago. As a result of the changes in ethnic population,the PNA is no longer within walking { distance of most of its members.This undoubtedly has had an effect of the membership. { 10 SITE DESCRIPTION No survey was provided to the Appraiser, and the information concerning the lot dimensions is based on the legal description. According to the legal description, the dimensions are basically 101.5' x 144.1' with an exception of.012 acres. My calculations would indicate that the site contains 44,553 sq. ft. or 1.02 acres. The building is located at the southern end of the property, and the entire northern end of the property consists of an asphalt paved parking lot. There are paved sidewalks on the east and south sides of the lot. The terrain is level and slightly above the grade of Western Avenue and Olive Street. There are no apparent drainage problems. Since the property is located within the City Limits,it is served by City water, sewer, gas and electricity. The site appears to be adequate to serve the building, as well as the parking requirements of its present occupant. No information was provided to the Appraiser concerning the underlying strata. The building has been here since the turn of the century with no apparent settling or sinking,and it is therefore presumed that the underlying strata is of a good stable nature. { 11 LAND VALUATION The land value is estimated based on comparing the subject property, as if vacant with other recent sales of similar land sales located in the subject neighborhood. Unfortunately, I have been unable to find any recent sales of similar zoned property in the area or even any offerings. As a result, I have researched sales in other general parts of the City and have concluded that the subject would have an Indicated Value of$2.50 per sq. ft. The subject contains 44,553 sq.fi x$2.50=$111,382 SAY $111,000 ! [I! INDICATED VALUE $111,000 12 DESCRIPTION OF IMPROVEMENTS The original portion of this building was located at the corner of Western and Olive was a two story horse barn for the Singer Sewing Machine Co. This building measured approximately 94' x 103'. This portion of the building was remodeled into part of the present building. When the PNA acquired the building, according to the Assessor's records, a one- story addition measuring 88' x 138' was added to the north end contained the bowling alley. It also indicates that the paving of the north end of the lot was done in 1967. The first floor area contains a total of 22,321 sq. ft., and the second floor, part of the original building, contains 10,197 sq. ft. The total building contains approximately 32,518 sq. ft. It should be noted that a small portion of the original first floor of the building is } still as it was when it was a horse stable with brick floors and brick walls. This portion of the building is presently used for storage. The rest of the first floor contains a bowling alley and a large bar room,as well as a large seating area. There are also restrooms. The second floor contains a kitchen with two large banquet halls, and a men's and ladies restroom. This area is frequently rented out for wedding receptions. The following is a brief description of the property based upon our inspection. It is neither an architectural report nor an engineering report, and is included primarily to acquaint the reader with a verbal picture of the subject. Following the description are _ photographs which will further assist the reader. I have also included an outline drawing of the building. Description of Improvements: Age: The only reference to age on the Assessor's records are a transfer date of 01/01/1900. It is presumed that this is the age of the original building. As previously indicated the Assessor's records indicate the bowling alley was built in 1926 and the paving in 1967. Foundation: There is no basement. The building has a poured concrete foundation. 13 DESCRIPTION OF IMPROVEMENTS (cont.) fExterior Walls: The exterior walls are brick. Interior Walls: There is a variety of plaster,drywall and paneling. Ceilings: The majority of the ceilings are acoustical, dropped ceilings with recessed, florescent lighting fixtures. Roof The roof on the original part of the building is a flat, built-up roof, which I understand is leaking and needs repair or replacement. The roof on the one-story north section of the building is an asphalt shingle, gable roof. There is no indication of leakage here. Floors: The floors are a variety of tiles. Windows and Doors: There are essentially no windows in the building. There is an entry door on the north end of the building from the parking lot, and also a door on Olive Street on the east side of the building. There are also a couple of service doors located in the building. Electrical: There are a number of circuit breaker boxes located throughout the building, and I was unable to locate the electric main. There is a large electric cable entry on the west side of the building,and it appears to be at least a 600 AMP service. This is not confirmed. The lighting fixtures throughout are recessed florescent fixtures or exposed florescent fixtures. The electrical service appears to adequate. Et I 14 • DESCRIPTION OF IMPROVEMENTS (cont) Plumbing. There are two restrooms on the first floor with the men's containing 3 urinals and 3 stalls. The women's contains two stalls. There are adequate lavatories in the restrooms. The floors are ceramic tiles. HVAC: The building is heated by gas forced air furnaces as well as central air conditioning, with a large unit located on the roof. Bowling Alley: There is a 12 lane bowling alley with automatic pin setters located in the northern part of the building. Parking Lot: There is a large asphalt paved parking lot occupying the entire northern end of the property. Condition: Considering the age of the building, it has received adequate maintenance and - would be considered in average condition. No serious items of deferred maintenance were noted. I have also pointed out that the original section of the roof needs repair or replacement. f jE Q{p`i 15 1 Flies No. 50 0060 ISKETCH ADDENDUM Borrower or owner Polish National Alliance runny Adana 2401 Western coy South Bend county St.Joseph state IN no Cone 46619 can City of South Bend F I I I I I 1 94. I !`( '03' second Floor '0 • t f s E f E • ( l 'SUMMARY " ' • 'SOFT AREA ,EERIMETER" AREA CALCULATION DETAILS ' . Uving Area Fen!Roan First Floor 21630 678 88.0 X 136.0 = 11968.0 Second Floor 9682 394 7.0 X 103.0 = 721.0 { Total 31312 1072 82.0 X 103.0 = 8446.0 p{s 6.0 X 99.0 = 495.0 Total 21630.0 Second Flow 94.0 X 103.0 = 9682.0 4 1 t t 16 IMichaels Appraisal Service Fde No. I 1,1.0 PHOTOGRAPH ADDENDUM Bonnwer or Owner Polish National Alliance Property Addrem 2401 Western city South Bend Co.my St.Joseph stow IN zip code 46619 cuera City of South Bend • 2401 Western fit~ GENERAL VIEW• • 4 nr r t 1 ` 1 yt .. .,r. ICIti• P/F y �l �, ice- � Z - r { t t. �, kr .fir♦eX '�dF �a.w � CRS ��' ;� `s.�•Z; � .i `*. -3i�!•• - . 2401 Western •" GENERAL VIEW • l „- 2401 Western GENERAL VIEW - — j rid' Michaels Appraisal Service Pile No. t7gt6t PHOTOGRAPH ADDENDUM Borrower or owner Polish National Alliance Property Address 2401 Western City South Bend County St.Joseph state IN zip Code 46619 Client City of South Bend -rte ,,� 'a:r�• .s. �.+ s. �` ,,,7-,,,--,...t,- 2401 Western GENERAL VIEW G, {?t.1111111.M, . Mr ■ • I 2401 Western GENERAL VIEW i I ■, 4'' l' I \ - 2401 Western GENERAL.VIEW I I 1 I I Michaels Appraisal Service Fl le No. 5070060 PHOTOGRAPH ADDENDUM Borrower or Owner Polish National Alliance Property Address 2401 Western City South Bend county St.Joseph state IN zip Code 46619 Client City of South Bend • 2401 Western GENERAL VIEW Jae 2401 Western GENERAL VIEW • • • � r• L'•f l {'t. l - .wPS➢t+`1ts sawisiaa.. -�^' - _ .. _ -.v.. - _ - .• �a svu.re.az- co, matmeerwassuira 1t 2401 Western GENERAL VIEW • • Michaels Appraisal Service Flee No. 171.• PHOTOGRAPH ADDENDUM Borrower or owner Polish National Alliance I Property Address 5401 Western Lp Code 46619 city South Bend County St.Joseph State IN Client City of South Bend • 2401 Western GENERAL VIEW ommismc ." ■1111111111111111111111•1111m 2401 Western GENERAL VIEW • • 2401 Western GENERAL VIEW Michaels Appraisal Service File No. 70 0 PHOTOGRAPH ADDENDUM I Borrower or owner Polish National Alliance Property Address 62401 Western car South Bend counts, St.Joseph state IN zip code 46619 Client City of South Bend • 1 ' _.__-._ -_ .. 2401 Western ,'r"' GENERAL VIEW . t i �, . i, ... f ........ .. ...._ iffiir 2401 Western GENERAL VIEW \, . • 1., I r, _ L 2401 Western 111l1 � GENERAL VIEW —rr .. .... .�.. • �_ - _� „pr.. .+b - _—_ —---- — — Michaels Appraisal Service File No 150 11 0 PHOTOGRAPH ADDENDUM Borrower or Owner Polish National Alliance Pmpedy Address 2401 Western city South Beak County St.Joseph State IN Zip Code 46619 Client City of South Bend 2401 Western GENERAL.VIEW 2401 Western GENERAL VIEW 2401 Western GENERAL VIEW - • Michaels Appraisal Service • Frye No. 1 507)0 0 PHOTOGRAPH ADDENDUM Borrower or Owner Polish National Alliance Property Address 401 Wcslcm city South Bend county St,Joseph Slate TN Zip code 46619 Client City of South Bend w FRONT VIEW OF f SUBJECT PROPERTY +w- • REAR VIEW OF SUBJECT PROPERTY • STREET SCENE OF SUBJECT PROPERTY xk Michaels Appraisal Service- File No. 15070060 PI1(.)1(.)(iRAPiI ADD! \nUnl Borrow or Cxmer Polish National Alliance Properly Address 2401 Western city South Bend County St.Joseph State IN Me Code 46619 Client City of South Bend ' r i , E I I ! gi 1 r� I • si r#°• 2401 Western 2401 Western GENERAL VIEW GENERAL VIEW Aar- Ilk Ai 2401 Western 2401 Western FRONT VIEW 2 GENERAL VIEW t2401 Western 2401 Western GENERAL VIEW GENERAL VIEW 21 4 Michaels Appraisal Service COST APPROACH In appraising, we typically use three approaches, namely the Cost Approach, the Income Approach,and the Direct Sales Comparison Approach. In developing the Cost Approach, we use the cost of replacing the building at today's cost, less depreciation, plus land to arrive at a Valuation. In the case of a new or almost new building this is a highly effective tool. However, as the building ages it becomes increasingly difficult to estimate the amount of accrued depreciation with any degree of accuracy. In the case of the subject property,we are dealing with an old building, which, if the Assessor's records give an indication the building was built in approximately 1900, which would make the original part of the building 115 years old. The Assessor's records also contain dates of 1926 and 1967 for subsequent additions, which again indicate we are dealing with an old building. The Marshall Valuation Cost Manual (MVCM) gives a building such as the subject an economic life of 40-50 years. Quite obviously, the existing structure has lived its "economic life." This is not to say the building could no longer be used or has any value,it simply means it is well past its predicted economic life. On a building that has reached its age, depreciation can no longer be accurately estimated. It simply becomes a guess on the part of the Appraiser to estimate the amount of accrued depreciation. Frequently it becomes an erroneous indication of value. When dealing with a building of this age, it is prudent to eliminate the Cost Approach, since in reality it is no longer relevant. Therefore,the Cost Approach has been eliminated from this report. i - 25 INCOME APPROACH The Income Approach is a means of estimating the value of a building based upon the income that it is either producing or capable of producing. In the case of the subject building, we are dealing with a highly unique property. In the "Highest and Best Use" section of this report, I concluded that the present use of the property was the present use based upon the existing improvements. This building is not readily adaptive to any alternate use such as conversion into an office building, warehouse distribution center or even a new machine shop or similar use. The very existence of the bowling alley and the bar would indicate that a continued use of these items would be most likely.. In the "neighborhood" discussion, I indicated that the ethnic composition of the surrounding neighborhood has changed from a Polish neighborhood to an Hispanic neighborhood. This is clearly indicated by the St. Adelbert Catholic Church located approximately three blocks south of the subject property. This was once a Polish Catholic Church,but now is an Hispanic Catholic Church. As a consequence, if the PNA were to vacate the subject premises and offer the property for rent,the most likely potential renter would be an Hispanic group similar to the PNA who could utilize the facility much as it is being used today. • It should be pointed out that the subject building is overly large due to the manner in which the present improvements came into existence,meaning a remodeled horse barn,plus a newer addition. Obviously if a fraternal group were to construct a facility from scratch, it would hardly resemble the existing improvements. The Elk's Lodge on McKinley Highway is an example of what a newer fraternal organization club house would resemble. As a result of the excess size of the building, this would typically be reflected in the square foot per year rental. It should also be noted that rentals of buildings such as this would be in its entirety and not on a piecemeal basis,meaning just the bowling alley rented out or just the bar room rented out. Obviously, the entire building would be leased to a single tenant,and the size of the structure would be reflected in the square foot rental. An obvious way to lease this building would be on a Triple Net Basis, meaning the tenant would be responsible for the taxes (none applicable for a fraternal group), insurance, and maintenance. As far as maintenance, this would mean an upkeep of the building as opposed to replacing roof,furnaces,etc. ii 26 INCOME APPROACH (cont.) I have made a diligent search in an attempt to fmd any rental information of similar facilities, and apparently none exist. The Z.B. Falcons Club located much further west on Western Avenue, the M.R. Falcons on Bendix Drive, and the Elks Lodge on McKinley Highway all own their own building. If any such rentals of a similar facility exist, I have been unable to locate them. I have recognized that the potential renters of a facility such as the subject is extremely limited, for the above mentioned reasons, and the tenant could only be attracted by a reasonable rental. Considering the overall size of the subject building and its limited potential, I have concluded that a rental of$2.00 per sq. ft., Triple Net would be a realistic rental for the subject. Since the building contains a gross area of 32,518 sq. ft (Approximately), at a rental of$2.00 per sq.ft.,the potential annual income would be$65,036. Vacancy and Rent Loss If this building was to be vacated tomorrow and offered for rent, it is my opinion that finding a tenant would be a lengthy procedure, and it could be reasonably assumed that it might be vacant for some time before a tenant could be found. I have estimated this potential Vacancy and Rent Loss at 30%. This would not be an easy building to rent. Expenses As previously indicated, this would be leased on a Triple Net basis, meaning that the - tenant would be responsible for taxes, insurance, maintenance, heating, snow removal, decorating, etc. However, typically major items such as roof replacement, HVAC replacement, and any other items of major expense will not be handled by the tenant. Therefore,it is necessary to set up Reserves for Repair and Replacement on the assumption at the end of the lease period the owner will have to replace major items. Based upon the age and general condition of the building,Reserves of$10,000.00 per year would seem to be an appropriate amount. This replacement alone could be an expensive item,and it was noted that the roof leaks. Explanation of the Capitalization Rate: Selection of the Capitalization Rate varies considerably depending upon a number of factors such as the age of the property, condition of the property, the current economic conditions both local and national, and of significant importance the anticipated demand for leasing such a facility. 27 INCOME APPROACH(cont.) When dealing with a brand new, highly tech building in a prime location, conceivably the Capitalization Rate might be as low as 9%. When dealing with an older property with a high degree of physical deterioration, as well as functional and economic obsolescence, with a limited potential demand, the rate conceivably might be as high as 15%. In the case of the subject property due to its limited potentials that I have outlined above, I have concluded that a Capitalization Rate of 14%would be the most appropriate. The following is a Reconstructed Operating Statement, which incorporates the information that I have just discussed. RECONSTRUCTED OPERATING STATEMENT Potential Gross Income } 32,518 sq. ft.x$2.00 = $65,036 Less Vacancy&Rent Loss 30% 19,518 Effective Gross Income $45,518 Less Reserves(Repair&Replacement) $10,000 NET INCOME $35,518 $35,518/.14 $253,700 SAY $254,000 INDICATED VALUE $254,000 28 DIRECT SALES COMPARISON APPROACH This approach applies the"Principle of Substitution." It considers what a substitute or alternative similar property sold for, and then adjusts for the most recognizable differences. When applying this principle to sin g le family residential properties, where a wealth of market data exists, this is a highly effective appraisal tool. However, when little or no market data exists it loses a great deal of its effectiveness. In the case of the subject property, as I have previously indicated, we are dealing with a highly unique subject in which little or no data exists. I have spent countless hours attempting to find any sale of what could be called a truly similar building without success. I have contacted other appraisers to see if they had any such data in their data banks with no success. In this instance we are dealing with the original part of the building being very old with a newer addition containing a bowling alley and being utilized as a private club. Its adaptability for alternate uses is severely restricted since the bowling alley is a key component as far as the existing value of this property, and must be recognized as such. Converting the building into offices or a similar alternate use would negate the value of the bowling alley completely,which is undoubtedly a major component of the building's value. For this reason, I felt it significant in my selection of Comparables, to incorporate bowling alley as a part of the structure. Admittedly, the Comparable Sales that I have located are less than ideal. However, they represent the best market data that I was able to locate. The sales I have located are detailed as follows; COMPARABLE NO. 1 1121 West 8th Street Mishawaka,IN This is a former bowling alley located on the west side of Mishawaka. It was a one-story building constructed in 1959 containing 28,710 sq. ft. My data source did not indicate the number of lanes contained in the building. However, since this was actually a bowling alley,it is presumed that the number exceeded the 12 lanes in the subject property. The building sold on 02/21/2013 for$160,437, which equated to a sales price of$5.58 per sq.ft. of land and building merged. 29 DIRECT SALES COMPARSION APPROACH(cont.) COMPARABLE NO.2 1541 Prairie Avenue South Bend, IN This is a former German Club that was located on the southwest side of the City of South Bend. This is a brick, 2-story building that was, according to the Assessor's Office, built in 1910. The building had a 4 lane bowling alley,which still operative at the time of the sale. It also had a newer heating system, which included a boiler. The building contained a total of 15,970 sq. ft, and it is presumed based on sketchy information that the condition was substantially inferior to the subject property. The building sold on 02/24/2011 for$75,000. This would equate to a sales price of$4.70 per sq. ft.of land and building merged. It is recognized that this Comparable is 4 years old. However, it is the only sale I found of a private club building that contained bowling lanes, and was located west of the Central Business District of South Bend. It is presumed that this club also experienced a change in the ethnic makeup of the neighborhood such as that being experienced by the PNA. This obviously would be reflective in the sales price. COMPARABLE NO. 3 1502 Dunham South Bend,IN - This is a bar located on the west side of the City of South Bend in relatively close proximity to the subject property. This sale does not have a bowling alley,but it is similar in respect that it was a neighborhood tavern under the same general economic influences of the subject property. This property sold for $155,000 on 02/08/2013. However, the details of the sale are of particular significance. The bar had been refurbished in 2010 including bar refinishing, new cabinets, new flooring, restrooms were remodeled, and new lighting installed. The sale itself was a"turn-key" operation which included a 3-way liquor license with carry-out, new bar stools and furnishings. In addition,there was a third floor apartment on the upper level. There was an adjoining vacant lot and a one bedroom house included. In order to ascertain the value of the building only, it is necessary to abstract these items from the sale. After several inquiries, I have concluded that the 3-way liquor license plus the furnishings in the building to have an indicated value of$70,000. I have estimated the extra house at$40,000 and the vacant lot at$5,000. All these extra items would have an 30 DIRECT SALES COMPARISON APPROACH(cont.) indicated value of$150,000,which when subtracted from the sales price would give a value to the building of$40,000. Dividing this by the 3,0585 sq. ft. contained in the building would give an indicated sales price of$11.16 per sq. ft.of land and building merged. ANALYSIS Comparable No. 1 had an indicated value of$5.58 of land and building merged. This sale was an old bowling alley, which put greatest emphasis on the bowling alley itself, as opposed to being just an added feature which might be called a tavern. It also should be noted that this was a closed bowling alley, which would have an influence on the sales price. Comparable No. 2 was a former fraternal club that also had a bowling alley and had many similarities to the subject in this respect. The building was substantially inferior to the subject property as well as such things as a parking lot, etc., and even though this was a fraternal club,I tended to give this the least influence. Comparable No. 3 was a tavern which was sold in a"turn-key" operation and required the abstracting of extra items such as the liquor license, extra house, etc. from the sales price, which can be argued that the abstraction was too high or too low, therefore affecting the indicated value of the land and building merged of the building itself. It did have the advantage of being located relatively close to the subject property,and under the same basic economic influences. It should be recognized that this was the sale of a going business,and such things as retaining the same customer base, goodwill, etc. are virtually impossible to put a dollar value on. Nevertheless, in the lack of other more definitive sales,I did tend to - set the upper limits of value for the subject property. In arriving at an Indicated Value in the Direct Sales Comparison Approach, I have given entire emphasis to these three sales, and attempted to weigh each as to their importance. After considering the aspects that I have discussed above, I have concluded that an Indicated Value of the subject property based on the Comparables would be $7.50 per sq. ft. of land and building merged. The subject building contains 32,518 sq.ft. therefore: 32,518 sq. ft.x$7.50= $243,885 SAY $244,000.00 INDICATED VALUE $244,000.00 31 CORRELATION AND CONCLUSION 1 COST APPROACH NOT DEVELOPED INCOME APPROACH $254,000.00 DIRECT SALES COMPARISON APPROACH $244,000.00 Due to the age of the subject property and the difficulty in attempting to estimate depreciation, the Cost Approach was not developed. Realistically speaking, no i sophisticated buyer would consider buying the subject building based on the cost of reproduction less depreciation to arrive at a purchase price. In developing the Income Approach, I attempted to be very realistic of all aspects of the subject property in establishing an income producing potential. I took into consideration, the size of the building, the locational aspects, and the limited potential of fmding a renter who would lease this entire facility. I concluded that in all likelihood, the only potential renter for this entire property would be an Hispanic Fraternal Group with similarities to the existing PNA group I also concluded that the number of potential renters for this property would be extremely limited. I also felt my projection of Vacancy and Rent Loss and Expenses were very realistic. Any knowledgeable investor would tend to give strong emphasis to this approach. In developing the Direct Sales Comparison Approach I was very frank to admit that existing market data was virtually nonexistent, and I made a very thorough search of the market and found three sales that I felt did have applicability to-the subject property. I felt my analysis and adjustments for these properties were realistic, and my Value Indication from this approach was valid. After considering both the Income Approach and the Direct Sales Comparison Approach that were very close Value Indications, I have correlated between the two and arrived at a conclusion that the Indicated Value as of the date of this Appraisal, July 7, 2015 is $250,000. 3 INDICATED VALUE $250,000.00 32 9 ADDENDUM QUALIFICATIONS OF THE APPRAISER LICENSE REGISTRATION CERTIFICATION OF THE APPRAISER LIMITING CONDITIONS AND ASSUMPTIONS HAZARDOUS WASTE DISCLAIMER GENERAL AREA INFORMATION 33 QUALIFICATIONS OF THE APPRAISER JEROME E.MICHAELS,MAI BUSINESS ASSOCIATION&EXPERIENCE: { NATURE OF WORK: President of Jerome E.Michaels,Appraisal Co. 116 S. St.Louis Blvd., South Bend,Indiana Full-time independent Real Estate Appraiser and Consultant SCOPE: Commercial and Industrial E CLIENTS: National clients include:Allied Products, Hampton Inn,National Standard,Rockwell Automation,7 Eleven,Ferrellgas Local clients include: 1g Source Bank, Key Bank,The Troyer Group,Department of Economic Development FORMER EXPERIENCE: Partner in North Central Appraisal Company From 1965 to 1969.Established present firm in 1969 PROFESSIONAL MEMBERSHIP: MAI: Member Appraisal Institute,#5738 since 1977 STATE CERTIFICATION: State Certification Continuing Education Requirements completed.Currently recertified. EDUCATION BACKGROUND: COLLEGE: B.S.Degree,Indiana University,Bloomington,IN APPRAISAL COURSES: Successfully completed all required Appraisal Institute courses for the MAI designation, including resident courses at the University of Chicago,Indiana University,University of Delaware,and the Appraisal Institute Education Center. ' Since becoming an MAI,I have continued to attend Appraisal Institute courses and seminars I periodically audit the Institute's Capitalization courses in order to keep updated on the newest capitalization techniques. 34 I I 1 ( ...l s alt:C Agency E! ",.,,_ Indiana Professional Licensing Agl �' " 402 W_Washington Street Room W[172 ', Indianapolis,IN 46284 ; .... idle; Jerome Michaels • CG69201428 has completed all requirements for licensure in Indiana as a ICERTIFIED GENERAL APPRAISER Expiring i 3une 30, 2016 To check the current status and expiration date for this license, please visit http //mylicense in yov/eVerification Nicholas CN. Rhoad - t4icGove n Pence Nicholas Director Governor Professional Licensing Agency 1 State of Indiana i I i I i I 35 CERTIFICATION OF THE APPRAISER 3 The undersigned does hereby certify that,except as otherwise noted in this appraisal report: 1. I have personally inspected the property appraised. 2. I have no present or contemplated future interest in the real estate that is the subject of this report. 3. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 4. To the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. 5. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analysis, opinions and conclusions contained in this report. 6. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute. 7. No one other than the undersigned prepared the analysis,conclusions and opinions concerning real estate that are set forth in this appraisal report. 8. The amount of my fee is not contingent upon reporting a predetermined value, or upon the amount of the value estimate. 9. This appraisal assignment was not based on a requested minimum valuation, a specific valuation,of the approval of a loan. Disclosure of the contents of this appraisal report is governed by the By-Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions of value, the identity of the Appraiser or firm with which he is connected,or any reference to the Appraisal Institute, or to the MAI designation), shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without prior written consent and approval of the undersigned. The Appraisal Institute conducts a voluntary program of continuing professional education for its designated members. MM members who meet the minimum standards of this program are awarded periodic educational certification. As of the date of this report,I Jerome E.Michaels,have completed the requirements under the continuing education program of the Appraisal Institu/t¢. �� Dated: 2.2_-/ f Jerome E.Michaels,MAI 3 LIMITING CONDITIONS AND ASSUMPTIONS This appraisal report is subject to the following limiting conditions and assumptions: 1. No responsibility is assumed for legal descriptions or for matters including legal or title considerations. Title to the properties are assumed to be good and marketable unless otherwise stated. 2. The properties are appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent management are assumed. 4. The information furnished by others is believed to be reliable. However,no warranty is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative materials in this report are included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the properties, subsoil, or structures that render them more or less valuable.No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal,state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in the report is based. - 1 9. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the properties described and that there is no encroachment or trespass unless noted in the report. 10. All maps, title and area data furnished the appraiser or obtained from various city and county ' departments are assumed to be correct. 11. This appraisal is made subject to legal descriptions which describe the parcels mentioned in this report. 12. The distribution,if any,of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose, by any persons other than the party to whom it is addressed, without the written consent of the appraiser, and in any event, only with proper written qualification and only in its entirety. 37 1 LIMITING CONDITION AND ASSUMPTIONS(cont.) 14. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the properties in question unless arrangements have been previously made. 15. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser,or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. 16. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation,asbestos poly chlorinated biphenyls,petroleum leakage,or agricultural chemicals,which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the properties unless otherwise stated. The appraiser,however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions exist, it may affect the value of the property. The value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 17. The Americans with Disabilities Act(ADA)became effective January 26, 1992. The Appraiser(s) has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraiser(s) has no direct evidence relating to this issue, he did not consider possible noncompliance with the requirements of the ADA in estimating the value of the property. 38 HAZARDOUS MATERIALS AND LIMITING CONDITIONS Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the Appraiser. The Appraiser has no knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field,if desired. TOXIC WASTE AND ENVIRONMENTAL COMPLIANCE The Appraiser assumes no responsibility or liability whatsoever for the identification or discovery of any hazardous substances as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERLA"), 42 USC 9601 (14), pollutants of contaminants as defined in CERLA,42 USC 9601 (14),or hazardous wastes defined by the Resource Conversation and Recovery { Act(RCRA),42 USC 6903(5),or other similar applicable feral or state laws and regulations including, but not limited to, asbestos, oil and petroleum products, PBC's and urea formaldehyde, which may have been generated, released, stored or deposited over, beneath, in, or on the property under appraisement. The inspections of the property made by this Appraiser during the course of this appraisal assignment were made solely to estimate the age and condition of the improvements. It is strongly recommended that a separate inspection be ordered by the appraisal customer from a qualified environmental engineer or consultant who would address matters of toxic waste and } environmental compliance. 39 GENERAL AREA INFORMATION The City of South Bend is the county seat of St. Joseph County, Indiana. It is located approximately six miles from the Indiana/Michigan state line, and midway between Chicago and the Ohio State line. It is a transportation hub served by five railroads, major truck lines, and several airlines. The area is served by the Indiana Toll Road (I 80/90) with close proximity to 1-94. U.S. 31/33 is the major north/south connector. The climate in South Bend is moderate. The average altitude is 773 feet above sea level.The mean annual temperature is 50 degrees, and the precipitation is approximately 40 inches. The area enjoys an ample supply of good water. The eight-county retail trade area has a population of 642,000 with St. Joseph County indicating a population of 247,052, and the City of South Bend having a population of 105,511. The City, like most cities, is static in growth, with most new housing being constructed in the suburbs, thus increasing the county growth rate at a more rapid pace. The S.M.S.A. ranks this area in the United States as142"d out of 405 in Metropolitan Areas, 81'in } Households, 80th in Retail Sales, and 76th in Net Effective Buying Income. The Net Effective Buying income is 32,605 per household and $13,072 per capita. There is a total of 43,100 households in the community,of which approximately 70%are owner-occupied.There has been very limited construction of homes in the moderate price class,and most building which has taken place in St. Joseph County has been } more expensive homes. Most of the construction has taken place in the Knollwood,Quail Ridge and Harris Township areas in the extreme northern end of the county. • Of the general workforce, manufacturing comprises 29% of all employment in the county, with a total of 27,277 persons working in 404 manufacturing firms. Non-manufacturing establishments employ 71% of all employment in the county. There are 67,593 persons employed in 4,280 non-manufacturing establishments. Of these,trade groups with 24,296 employees working for 1,859 firms is the largest of the non-manufacturing industries. Service establishments have been one of the fastest growing non-manufacturing areas in the workforce and comprise 35% of the non-manufacturing workforce. State and local governments account for 15% of the county's non-manufacturing employment. Transportation, communications and utilities account for a total of 4,238 workers employed in 142 firms. Construction has always been an important employment area and accounts for 5% of the county's non-manufacturing employment, with a total of 3,631 employees working for 177 general contractors and 337 subcontractors. The old manufacturing base of the county has eroded somewhat over the last 25 years,and some of the longtime industries have either gone out of business or have moved to the south.However, some newer industries, such as I/N Tek and I/N Kote,located west of South Bend and just east of New Carlisle on U.S. 20 have had a substantial impact upon the industrial development and growth in the area. Some larger companies in the area include Allied Signal, Ameritech,Nyloncraft, Trans Tech Electric, and the Ethanol Plant. 40 1 i SOUTH BEND GENERAL.AREA INFORMATION(cont.) The Michiana Regional Transportation Center is the transportation hub of St. Joseph County. In addition to its capability of handling large jet aircraft, it has recently constructed a new South Shore i Railroad terminal. It also serves as a United Limo pickup station for direct transportation to Chicago Midway and O'Hare Airports. ISouth Bend has become an important educational center as far as higher education is concerned. The University of Notre Dame and its facilities have long been an integral part of the city and is one of the major employers in St.Joseph County. Indiana University at South Bend continues to expand its campus. St. Mary's College, Bethel College, Holy Cross College, and vocational colleges such as Indiana Vocational Technical College continue to grow. Memorial Hospital, St. Joseph Medical Center, and Michiana Community Hospital are major facilities offering a full scope of medical services. The area is competently protected by an adequate police force and fire protection service. There are 235 churches in the area,of all denominations. The University Park Mall, located north of the city, is a regional mall attracting buyers from not only St.Joseph County,but also southwestern Michigan.There is also Scottsdale Mall on the south side of the city. The Grape Road area has become one of the busiest commercially developed areas in northern Indiana,and new retail developments continue to be built. The Central Business District has almost ceased as a retail entity, and now contains governmental office and professional offices.The Century Center convention building continues to attract more and more conventions and trade shows. There have also been a number of office buildings constructed in the central business district and they include One Michiana Square,Teachers Credit Union, and River Glen Plaza, to name a few. The new national College Football Hall of Fame building in the newest addition to the central business district. Some of the cultural and recreational developments that have recently taken place include the East Race Waterway, which offers water sports such as rafting and kayak competition. The Stanley Coveleski Stadium, home of the South Bend Silver Hawks minor league baseball team, has become an outstanding sports center for the area. Athletics at the University of Notre Dame also are an integral part of the local sports picture. Even though much of the original industrial base of the area has eroded,the area continues to show growth and promise.The new Blackthorn Industrial and Office Park located just north of the Michiana Regional Transportation Center is one of the most recent steps to attract highly technical industries.The Blackthorn Golf Course is an outstanding 18-hole course. It is hoped that this new development will attract corporate headquarters and high-tech industries to the area. Generally speaking,the outlook for South Bend and the surrounding area is highly optimistic. 41 • } L( ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10332-14 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2016 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, established the annual compensation and monetary fringe benefits of the South Bend Common Council following successful labor negotiations with representatives of South Bend Fraternal Order of Police Lodge No. 36 in 2014. The total wage, monetary fringe benefits and working conditions package was ratified by voting members of the Lodge which resulted in the South Bend Common Council passing Ordinance No. 10332-14 on October 27, 2014. Ordinance No. 10332-14 set forth the annual pay and monetary fringe benefits for both calendar years 2015 and 2016, and also established maximum annual pay and monetary fringe benefits for upper level policy making positions in the South Bend Police Department as defined in Indiana Code § 36-8-1-12. This ordinance formally re-affirms all provisions of Ordinance No. 10332-14 in its entirety for the 2016 calendar year. 9, �/ax�x4 le it onier nalft//ee asnunan eaddid° Nj9�grand Scans as .wed, Section I. The annual pay and monetary fringe benefits established for all sworn members of the South Bend Police Department, including all upper level policy making positions in the Department, are hereby fixed and re- affirmed for the 2016 calendar year. The annual pay and monetary fringe benefits were originally established in Ordinance No. 10332-14 by the South Bend Common Council, when it passed said ordinance on October 27, 2014. A copy of Ordinance No. 10332-14 is attached hereto and included herein by reference. 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. Tim Scott, Council President South Bend Common Council Slanting of Us i is ogIf putts an opportutly for ru and Council action on th i . 2016 Re-Affirmation Ordinance of the Annual Pay and Monetary Fringe Benefits of the South Bend Police Department Page 2 Set John Voorde, City Clerk greaten/Ad t me to Ire afro yf gee "t yr Seat Fend, tirneatnA dre eft 1 20/5 at a.Wets4 Janice Talboom, Deputy City Clerk xoaaiandet�udt metale gigtop "y?$S rn4 Andla a, OIL tie .91 . ,G'O'6at_aalo4 . ' Pete Buttigieg, Mayor City of South Bend, Indiana q Filed in '.+ it' Office 10 READING l ` Ct , 5 PUBLIC HEARING e ��9 3 rd READING _ NOT APPROVES/ JCtHt tl'5 `; ix REFERRED CITY CLERK,SOUTH BEND,IN PASSED " ' Ordinance No. 03 3 1-1 Y Substitute Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2015 AND 2016 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, if(d) is charged with establishing before November 1s`, the annual compensation of the South Bend Police Department. On March 5, 2014, Dan Demler, the President of South Bend FOP Lodge # 36 informed the City of their interest to enter into negotiations. Thereafter, the South Bend Common Council and the Board of Public Safety adopted separate Resolutions which designated their respective agents for the negotiations. The City's Advisory Negotiating Team's membership includes Council Member Dr. Fred Ferlic, Council Member Tim Scott, Council Member Karen L. White, Division Chief Scott Ruszkowski, Division Chief Stephen Smith, Division Chief Gary Horvath, City Controller John Murphy,Human Resources Director Janet Cadotte, Board of Public Safety Agent Cory Hamel and Council Agent Kathleen Cekanski Farrand. The Fraternal Order of Police South Bend Lodge No. 36 Negotiating Team's membership includes Sergeant Dan Demler, FOP President; Patrolman 1s` Class Harvey Mills, FOP Vice- President; Lieutenant Steve Noonan, Past FOP President; Sergeant Cori Bair; Patrolman 1st Class Chad Goben, and Leo T. Blackwell, Legal Counsel. This ordinance reflects the proposals discussed and tentatively agreed to during negotiations by the respective negotiating teams. It sets forth the recommended salaries and other monetary fringe benefits to be paid to the sworn members and officers of the South Bend Police Department in calendar years 2015 and 2016. This ordinance is believed to be in the best interests of the Police Department and the best interests of the City of South Bend. 52,,a., doom/waft/4 Woneaa Wanseya /52o( ,5, a Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for the sworn members of the.South Bend Police Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 2 this ordinance,excepting the Police Chief,the Division Chiefs,and the Captains,who are governed by Indiana Code § 36-8-1-12. Section II. Annual Pays; Recruit Pay; Lateral Entry; and Career Development Incentive Programs. • (a) Annual Pay for Sworn Members of the South Bend Police Department. Annual pay for the sworn members of the South Bend Police Department,including upper level policy making positions defined by Indiana Code § 36-8-1-12 for calendar years 2015 and 2016 shall be set as follows: Rank 2015 2016 Police Chief $94,095 $95,977 Division Chiefs $79,165 $80,748 Captains $68,320 $69,686 Lieutenants $59,400 $61,390 Sergeants $57,185 $59,101 Patrolman 1st Class $54,281 $55,475 Patrolman 2nd Class $48,685 $49,756 Patrolman 3`d Class $44,130 $45,101 (b) Police Recruit Annual Pa . A Recruit of the South Bend Police Department shall be classified separately from sworn members of the Department. A Recruit shall complete the State of Indiana training program or its equivalent and commence duties as an officer before being sworn in as an officer of the South Bend Police Department. The maximum annual pays of a Police Department Recruit shall be as follows: 2015: $44,130 2016: $45,101 (c) Lateral Entry Program. The Common Council authorizes the South Bend Police Department to offer between three thousand five hundred dollars ($3,500.00) to five thousand dollars ($5,000) as a one-time bonus to any individual found to be eligible and qualified to be a candidate on the Department who has the requisite law enforcement experience and certification(s) for such a lateral entry onto the South Bend Police Department. Any sworn member who received monies pursuant to this Lateral Entry Program and who leaves employment from the South Bend Police Department before his/her one(1) year anniversary with the Department, shall be required to pay back to the South Bend Police Department any and all lateral bonus monies received. (d) Police Officer Recruitment Bonus Program. Effective January 1, 2015, the South Bend Police Department shall begin to implement a Police Officer Recruitment Bonus Program. Any sworn member of the South Bend Police Department as of that date, who assists in the recruitment and hiring of any full-time new sworn police officer,may be eligible upon Department verification of each of the stages listed below: 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 3 1. Upon an individual, who has been recruited by a South Bend Police Department sworn member, graduating from the 15-week Indiana Law Enforcement Academy in Plainfield, Indiana, the sum of one hundred fifty dollars ($1.50.00) shall be earmarked for payment for that sworn member of the South Bend Police Department who assisted in the recruitment. 2. Upon that individual then successfully completing the Field Training Program (FTO), the sum of three hundred fifty dollars ($350.00) shall be earmarked for that sworn member of the South Bend Police Department who assisted in the recruitment. 3. For the sworn member of the South Bend Police Department to be eligible to receive the bonuses described above, the candidate who recruited the candidate must have successfully completed the specified phase of the hiring process and be hired by the South Bend Police Department as a full-time sworn member. Any sworn member of the South Bend Police Department desiring to participate in the Police Officer Recruitment Bonus Program shall be required to timely complete all required forms with the Department, and upon verification of his/her recruited candidate successfully meeting the hiring standards, processing for payment of the recruitment bonus shall commence. All Police Department regulations governing this program must be complied with by the sworn member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. (e) Lateral Police Officer Recruitment Incentive Pro am. Effective January 1, 2015, the South Bend Police Department shall begin to implement a Lateral Police Officer Recruitment Incentive Program. Any sworn member of the South Bend Police Department as of that date, who verifiably assists in the recruitment and hiring of any new full-time lateral sworn police office is eligible for a one-time bonus payment of five hundred dollars ($500.00). Said bonus shall only be processed for payment upon the following conditions being met: 1. The lateral police officer candidate successfully completed a Law Enforcement Training Board-certified 40-hour Pre-Basic Course, and is hired as a full-time sworn member of the South Bend Police Department; 2. Verification of the sworn member's recruitment activities and his/her timely completion of all required forms with the South Bend Police Department; 3. The sworn member, who recruited the lateral police officer candidate, completed the annual mandatory training program addressing domestic violence, use of force training, fire arms training and emergency vehicle operations training; and 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 4 4. All Police Department regulations governing this program must have been complied with by the sworn member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. (0 Police Officer Education Incentive Pro am. Effective January 1, 2015, the South Bend Police Department shall begin to implement a Police Officer Educational Incentive Program. In order to be eligible under this program, a person must be classified as a full-time South Bend Police Department sworn member, must have successfully completed at least one (I) year of full-time service on the South Bend Police Department, and must have completed the annual mandatory training program addressing domestic violence, use of force, fire arms training, emergency vehicle operations training; and provided all of the documentation which verify the completion of the following degrees/hours: Required Documentation 2015 2016 Associate Degree or 60 credit hours $350 Bachelors Degree (BS/BA) $450 Masters Degree or higher $500 $600 gr gher(JD, PhD, etc.) $750 $850 Written proof from the educational institution certifying the completion of such degree and/or hours, along with compliance with all Police Department regulations governing this program by the sworn member of the South Bend Police Department is required in order for a him/her to be eligible to be paid under this program. Qualifying sworn members shall be paid at the highest degree only, with such payment being made in December of each calendar year. (g) Former U.S. Military Recruitment and Retention Incentive Programs.' Effective January 1, 2015, the South Bend Police Department shall begin to implement the following Former U.S. Military Recruitment and Retention Incentive Programs. 1. One-Time Military Recruitment Bonus: In order to be eligible for a one-time military recruitment bonus, which may be offered to any individual found to be eligible and qualified, who has prior active duty service with the Armed Services and received an Honorable Discharge from a branch of the U.S. military and desires to join the South Bend Police Department as a full-time sworn member after January 1,2015, said individual would be eligible to one The International Association of Chiefs of Police(IACP)in partnership with the U.S.Department of Justice,Office of Justice Programs, Bureau of Justice Assistance (BJA), has published a guidebook for service members who are transitioning out of the military and are considering a law enforcement career. That publication entitled Combat Veterans&Law Enforcement: A Transition Guide forVeterans Beginning or Continuing Careers in Law Enforcement is available at htto://www.theiacu.ora/vets2cops 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 5 (1) of the following bonus incentive payment amounts upon graduating from the 15-week Indiana Law Enforcement Academy in Plainfield, Indiana: Two(2)years of past U.S. military 2015 2016 ary active duty service $350.00 $450.00 Four(4)years of past U.S. military active duty service $500.00 Six(6)or more years of past U.S.military $600.00 ary active duty service $750.00 $850.00 Such one-time bonus incentive payment shall be paid at the highest year of U.S. military active duty service experience only, upon proof of such service and tenure being substantiated and verified utilizing the submission by the person requesting the bonus of the Report of Separation, DD-214 issued by the Defense Department. Any person,who received such a bonus incentive payment and who leaves his/her employment with the South Bend Police Department before his/her one (1) year anniversary with the Department, shall be required to pay back to the South Bend Police Department any and all bonus monies received under this program. 2. Police Officer Recruitment Bonus Program for Recruiting Former U.S. Military Service Member. Any sworn member of the South Bend Police Department employed with the Department as of January 1, 2015, who verifiably assists in the recruitment and hiring of any new full-time sworn police officer who is a former U.S.military service member is eligible for a one-time bonus payment of five hundred dollars ($500.00). Said bonus would only be processed for payment upon the following conditions being met: i. The former U.S. military service member who is a police officer candidate successfully completed a Law Enforcement Training Board-certified 40-hour Pre-Basic Course,and is hired as a full-time sworn member of the South Bend Police Department; ii. Verification of the sworn member's recruitment activities and his/her timely completion of all required forms with the South Bend Police Department; iii. The sworn member who recruited the former U.S. military service member who is a police officer candidate completed the annual mandatory training program addressing domestic violence, use of force training, fire arms training and emergency vehicle operations training; and iv. All Police Department regulations governing this program must have been complied with by the sworn member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 6 3. Former U.S.Military Retention Incentive Program. Effective January 1,2015, a former U.S. Military Retention Incentive Program shall begin' to be implemented in the South Bend Police Department. In order to be eligible, a sworn member of the Department must have successfully completed at least one(1) year of full-time service on the Department and must have completed the annually mandatory training program addressing domestic violence, fire arms training and emergency vehicle operations training, and provide documentation as required by this section with qualified sworn members being entitled to the following: 2015 2016 Two (2) years of past U.S. military active duty service experience $350.00 $450.00 Four(4) years of past U.S. military active duty service experience $500.00 $600.00 Six (6) years or more past U.S. military active duty service exp. $750.00 $850.00 Such bonus incentive retention payments shall be paid at the highest year of U.S. military active duty service experience only. Proof of such U.S.military service and tenure must be substantiated and verified by utilizing the Report of Separation, DD-214 issued by the Defense Department. Qualifying sworn members shall be paid said bonus in December of each calendar year. (h) Police Recruitment Relocation to South Bend Incentive. Any new full-time sworn member of the South Bend Police Department who is employed after January 1, 2015, would be eligible to apply for a Police Recruitment Relocation to South Bend Incentive, so long as his/her new personal residential address is located within the South Bend City limits. This relocation bonus may not exceed one thousand five hundred dollars($1,500.00) for each qualifying full-time sworn member in calendar year 2015 and may not exceed two thousand dollars ($2,000.00) for each qualifying full-time sworn member in calendar year 2016. Section III. Additional Areas of Compensation. (a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the maximum amounts permitted in each calendar year addressed. (b) City Residency Incentives. Sworn members and officers of the South Bend Police Department, who establish verified legal residence within any neighborhood within the City of South Bend city limits and reside on a continuous permanent basis within the South Bend city limits, and comply any additional department governing regulations on this topic shall be entitled to the following residency incentive bonus: 2015: $400 maximum payable on or before December 15, 2015 . 2016: $400 maximum payable on or before December 15, 2016 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 7 (c) Court Time Pay: If an officer or sworn member of the South Bend Police Department is subpoenaed to court or is ordered to appear at any given location to validate a complaint or warrant, and if that officer or sworn member is off-duty, that officer or sworn member shall be paid overtime. Such court time pay shall be paid at the overtime rate ofpay. Such officer or sworn member shall receive a minimum of four (4) hours of pay for appearing on his or her scheduled day off;and a minimum of two(2)hours ofpay for appearing when off-duty on a regular scheduled workday. (d) Overtime Pay: If a sworn member is required to remain on duty in excess of the regularly scheduled workday, he or she shall be entitled to overtime pay. Such sworn member shall be paid at the rate of one and one-half(1 %2) times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments. (e) Critical Duty Day Pay Stipend: A critical duty day pay stipend is continued in the amount of one hundred fifty and 11/100 dollars ($150.00). There shall be seven (7) Critical Duty Days established by the Board of Public Safety by proper Board Resolutions for calendar years 2015 and 2016. Officers and sworn members assigned to the Family Violence/Special Victim's Unit, Country Metro Homicide or the South Bend Community School Corporation, while so assigned, shall not be eligible for the Critical Duty Day pay stipend, while working as a part of his or her regular duty assignments. (f) Shift Premium Pays: An officer or sworn member scheduled to work any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail 2015 2016 Afternoons $ 850 $ 850 Detective Bureau (nights) $ 850 $ 850 Midnights $1,450 $1,450 Half Shift Detail $ 425 $ 425 Street Crimes $ 425 $ 425 Pays: An officer or sworn member work any of theifollowing types of detail tshall be entitled to the following shift premium pays for such work: Type of Detail 2015 2016 Afternoons 21'd Detail 8 years or more of service $1,100 $1,100 Midnights Yd Detail 8 years or more of service $1,400 $1,400 (h) Special Duty Pays: An officer or sworn member who is qualified and scheduled to work in special hazardous duty and/or highly specialized areas of service, shall be entitled to receive Special Duty Pay for such assigned and designated specialties: 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 8 Type of Special Duty 2015 2016 Street Crimes $ 900 $ 900 SOS $1,150 $1,150 K-9 Unit $1,150 $1,150 SWAT $1,150 $1,150 Bomb Technician $1,150 $1,150 Hostage Negotiator $ 800 $ 800 Uniform Crime Scene Technician $1,000 $1,000 Uniform Sergeant Pro-Pay $ 450 $ 450 Rapid Response (RRT) $ 450 $ 450 Diagramer $ 450 $ 450 Certified Meth Technician $ 600 • $ 600 (i) LEP Specialty Pay: A Limited English Proficiency(LEP)Program overseen by the City's Human Resources Director or his/her designee shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform LEP duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: 2015 2016 Limited English Proficiency(LEP) $400 $400 (j) Detective Classification Pay: A qualifying sworn member within the pay classification of Sergeant who has been assigned to be an Investigator on a continuing basis and who began receiving pay under a previous salary ordinance for such work as an Investigator in the Investigative Division is considered grandfathered. Such qualifying Sergeant shall continue to receive an additional annual pay in the amount of six hundred sixty three and 00/100 dollars ($663.00)in calendar years 2015 and 2016. Said pay shall be paid on a divisible amount which is paid on a bi-weekly basis. Said pay shall be prorated in any year a qualifying Sergeant retires, resigns or otherwise leaves employment. (k) Investigator Pro-Pay: A qualified 1'Class Patrolman, who is assigned to be an Investigator on a continuing basis, shall be paid at a rate equivalent to the pay of a Sergeant. (I) Field Training Officer(FTO) Pay: A qualified Field Training Officer(FTO) shall be entitled to forty and 00/100 dollars ($40.00)per day for each day which such person is qualified, assigned and performs field training activities with new recruits. (m) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts. One-fourth (1/4) of the annual sums listed shall be paid each calendar quarter: 2015: $1,400 2016: $1,400 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 9 (n) Lon evit Pa s: Qualifying officers and sworn members holding the rank of l'Class Patrolman and above, shall receive addition compensation in recognition of cumulative service on the South Bend Police Department. Such longevity pays shall be paid in the following amounts in 2015 and 2016: Cumulative Years of Service on SBPD Commencement Date 2015 $ 700 $ 7 10-14 years Beginning 11th year $ 7 15-19 years 50 20 years and over Beginning 16th year $1,200 $1,250 • Beginning 21'year . $1,750 $1,800 (o) Tuition Reimbursement: Qualifying officers and sworn members of the South Bend Police Department who participate in the Tuition Reimbursement Program shall be entitled to the following maximum dollar amount(s) for approved course tuition: Course Grade Maximum Amount Reimbursed by the Cit of South Bend A 100% of tuition costs only up to a maximum of$1,500 B 75%of tuition costs only up to a maximum of$1,000 C 50% of tuition costs only up to a maximum of$ 500 Officers and sworn members who wish to participate in this program must give notice to the Services Division Chief prior to registering for a course which has tuition fees, so that funds may be earmarked for potential tuition reimbursement on a "first come, first serve" basis up to the maximum amount budgeted for such purposes for each calendar year by the Common Council. Tuition reimbursement shall be limited to a maximum reimbursement amount of $2,500 per calendar year to any officer or sworn member participating in the program. All governing regulations must be complied with by any officer or sworn member who participates in the program as a condition of being paid any tuition reimbursement. (p) Voluntary Physical Fitness Program: The Common Council continues the authorization previously set forth in Ordinance No. 10042-10 and Ordinance No. 10192-12 to implement a voluntary physical fitness program during 2015 and 2016, which may have the potential of any officer and/or sworn member of the South Bend Police Department who qualifies under the governing policies and procedures implemented by the Department to earn up to a maximum of one(1)personal day per calendar year. Such personal day may not be used, if such usage results in overtime costs to the City. (q) On-Call Duty Pays: Each of the following On-Call Duty Pay categories shall be allotted six hundred fifty 00/100 dollars ($650.00) per category per year for calendar years 2015 and 2016, and shall be divided among the assigned police officers in each of these categories. Such division of pay shall be determined according to the frequency of assigned on-call days in the respective category and shall be paid on a quarterly basis. The On-Call Duty Pay categories are as follows: 2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance Page 11 Section V. Effective Date This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Ist District Council Member City Advisory Negotiating Team Member Dr. Fred Ferlic, 4th District Council Member City Advisory Negotiating Team Member Ka -n L. White, Council Member at Large City Advisory Negotiating Team Alternate Member /I Office of h City Clerk g+ by me to Pete Buttigieg, Mayor of the City of South Bend, Indiana, on the day of OLD J o l• , 2014, at it o'clock : m Janice Talb.: , Deputy Clerk Office of th rCity Clerk by me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the 7,SLYk day O Y of < ,2014, dr o'clock . m 1st READING 9_2_23.eity I Pete Buttigi , ayo a __�.__. PUBLIC HEARING t U"Z7 4 C(J SuS-ri-S c�� '� (� �� 3 rd READING 16—Z (� Q r S u,G .-A1'4 NOT APPROY) - ;i REFERRED f ... i PASSED I O-Z-)_( ( (,�_y S U la i Q1 tt chi(max,swum 64NO,1N oe PACE >i'i m a Y� �A Common Council City of South Bend Indiana Tim Scott,Common Council President 4Th Floor County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601 (574)235-9321 (574)235-9173 Facsimile (574)235-5567 TTY/TDD September 16, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for the South Bend Police Department Dear Council Members: On October 27, 2014, the South Bend Common Council passed Ordinance No. 10332-14, which established the annual pay and monetary fringe benefits for all sworn members of the South Bend Police Department for calendar years 2015 and 2016. This action followed successful labor negotiations between the City Advisory Negotiating Team which included Council Members Karen L. White, Dr. Fred Ferlic and myself; members from the Police Department and City Administration working with our Agents who negotiated with the FOP Negotiating Team and their Agent. As noted at the September 2, 2015 Personnel and Finance Committee when the South Bend Police Department budget for calendar year 2016 was presented, all annual pay amounts and monetary fringe benefits set forth in their proposed budget reflect the exact amounts originally established in Ordinance No. 10332-14. The attached ordinance re-affirms all of those monetary amounts and programs for the 2016 calendar year. I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for review and recommendation and be set for 2" & 3rd readings and public hearing at the October 12th Common Council meeting. Thank you. Most sincerely, • Tim Sco t, Council President Attachment cc: Police Chief Ron Teachman Filed Leo T. Blackwell, FOP Agent/Negotiator Office Kathleen Cekanski Farrand, SBCC Agent/Negotiator CiTP, Z015 JCykr1'yt3;;-;erc CITY CLERIC,sourni NENti,IN OCII ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10333-14 AND FIXING THE ANNUAL PAY AND MONETARY FIRNGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2016 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, established the annual compensation and monetary fringe benefits of the South Bend Common Council following successful labor negotiations with representatives of South Bend Firefighter's Local Union No. 362 in 2014. The total wage, monetary fringe benefits and working conditions package was ratified by voting members of the Fire Union which resulted in the South Bend Common Council passing Ordinance No. 10333-14 on October 27, 2014. Ordinance No. 10333-14 set forth the provisions of a 3-year agreement establishing the annual pay and monetary fringe benefits for calendar years 2015, 2016, and 2017, and also established maximum annual pay and monetary fringe benefits for upper level policy making positions in the South Bend Fire Department as defined in Indiana Code § 36-8-1-12. This ordinance formally re-affirms all provisions of Ordinance No. 10333-14 in its entirety for the 2016 calendar year. 9, gyre, 4 a orcierinsgfr do .9*1de a ge9iati end, Sas ad Section I. The annual pay and monetary fringe benefits established for all sworn members of the South Bend Fire Department,including all upper level policy making positions in the Department,are hereby fixed and re-affirmed for the 2016 calendar year. The annual pay and monetary fringe benefits were originally established in Ordinance No. 10333-14 by the South Bend Common Council, when it passed said ordinance on October 27, 2014. A copy of Ordinance No. 10333-14 is attached hereto and included herein by reference. 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. Tim S • ouncil President South Bend Common Council 2016 Re-Affirmation Ordinance of the Annual Pay and Monetary Fringe Benefits of the South Bend Fire Department Page 2 John Voorde, City Clerk grraiented* me to MMe 9 ?de "r/rat anend Adana an die 41.9# , 2O'6'at_aalao% . m Janice Talboom, Deputy City Clerk Sireetietecereti me ra tie£34 itie imaat Arend Adana an!/e , 2O/Sat_aaloe/., , m Pete Buttigieg, Mayor City of South Bend, Indiana Filed ig e`: -:..7:— - - _ . � Office to mom tr S P 1PUBLIC HEARING �) ;; L'r: CITYClERI,, ?i itbiD,IN NOT APPROVED., "li;ERRED PASSED Ordinance No. CO 3 3 3 - I Substitute Bill No. 55-14 AN ORDNANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2015,2016,AND 2017 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3,¶(d) is charged with establishing before November 1st, the annual compensation of the South Bend Fire Department. On March 24, 2014, Chris Baker, the Vice-President of South Bend Firefighter's Association informed the City of their interest to enter into negotiations. Thereafter, the South Bend Common Council and the Board of Public Safety adopted separate Resolutions which designated their respective agents for the negotiations. The City's Advisory Negotiating Team's membership includes Council Member Derek D. Dieter,Council Member Gavin Ferlic,Assistant Chief Todd Skwarcan,Assistant Chief Jim Lopez, Battalion Chief "A" Shift Dave Maenhout, City Controller John Murphy, Human Resources Director Janet Cadotte, Board of Public Safety Agent Cory Hamel and Council Agent Kathleen Cekanski Farrand. The South Bend Firefighter's Local Union#362 Negotiating Team's membership includes Captain Jim Weinberg, Union President; Captain Chris Baker, Union Vice-President, Captain Mike Lagodney, Steward; Captain Russ Buysse, Pump Engineer and 1' Driver Ryan Takacs; and Tim Curran, Legal Counsel. This ordinance reflects the proposals discussed during negotiations which were tentatively agreed to by the respective negotiating teams. It sets forth the recommended salaries and other monetary benefits to be paid to the sworn members of the South Bend Fire Department in calendar years 2015, 2016 and 2017. This ordinance is believed to be in the best interests of the Fire Department and the best interests of the City of South Bend. //el5 e 217:PIA; 1!' a /llfel•YKI7 !//s/l?!'iJ. 7/14)[!! Cy a- 2/7 -�" <f 14 Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the South Bend Firefighters'Association Local No. 362 of the International Association of Firefighters, AFL-CIO, as the sole bargaining agent for the sworn members of the South Bend Fire Department for purposes of negotiating annual pay,monetary fringe benefits and 2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance Page 2 other monetary items which are addressed in this ordinance, excepting the Fire Chief,the Assistant Fire Chiefs, and the Battalion Chiefs, who are governed by Indiana Code § 36-8-1-12. Section II. Annual Maximum Salaries.. (a) Definitions: For purposes of this ordinance, "Salary Classifications"mean Categories for salary and annual pay purposes only. "Rank"does not mean salary classification. (b) Annual Pay for Sworn Members of the South Bend Fire Department: Maximum annual pays for the sworn members of the South Bend Fire Department, including upper level policy making positions defined by Indiana Code § 36-8-1-12 for calendar years 2015, 2016 and 2017 shall be set as follows: Salary Classification 2015 2016 2017 Fire Chief $94,095 $95,977 $97,897 Assistant Fire Chiefs $79,165 $80,748 $82,363 Battalion Chiefs $68,320 $69,686 $71,080 Captains $58,323 $59,781 $61,276 Firefighter 151 Class $54,268 $55,462 $56,682 Firefighter 2' Class $48,187 $49,247 $50,330 Firefighter 3`a Class $39,858 $40,735 $41,631 (c) Annual Pay for Firefighter Recruit: The maximum annual pay for a Firefighter Recruit of the South bend Fire Department shall be as follows: 2015: $38,146 2016: $38,985 2017: $39,843 (d) Salaries for Non-Rank Specialties: Qualified sworn members of the South Bend Fire Department who are regularly assigned to perfonn any of the following non-rank specialties, shall be paid as follows: Non-Rank Specialties 2015 2016 2017 Arson Investigators $58,323 $59,781 $61,276 Inspectors $58,323 $59,781 $61,276 Instructors $58,323 $59,781 $61,276 Lieutenant/Paramedic $55,367 $56,585 $57,830 Pump Engineer/First Driver $55,188 $56,402 $57,643 It is the continuing intent of the city to eliminate the non-rank specialty of"Lieutenant/Paramedic by attrition. 2015,2016,and 2017 South Bend Fire Department Salaries/Monetaty Fringe Benefits Ordinance Page 3 Section III. Additional Areas of Compensation. (a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the Maximum amounts permitted in each calendar year addressed. (b) City of South Bend Residency Incentives. Qualifying sworn members and upper level policy making positions of the South Bend Fire Department, who establish and maintain legal residence within any neighborhood within the City of South Bend city limits and reside on a continuous permanent basis within the South Bend city limits, and comply with the governing regulations for such compliance shall be entitled to the following bonuses: 2015: $400 maximum payable on or before December 15, 2015 2016: $400 maximum payable on or before December 15, 2016 2017: $400 maximum payable on or before DX, ecember 15,2017 Said bonus amounts shall be pro-rated in the event that a qualifying sworn member or upper level policy making person moves into the South Bend city limits after the beginning of the calendar year or moves out of the South Bend city limits during a calendar year. Section IV. Specialty Pays. (a) EMS Incentives and Seat Pay. Monetary incentives and seat pay shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements and are assigned to perform such special duties which are verified by the department. Unless indicated otherwise, all specialty pays shall be prorated to the date of the regular assignment for such specialty duty or duties and paid accordingly. A qualifying sworn member performing any of the following specialties shall be paid at the highest certification/licensing only. Assignment 2015 2016 2017 Field Training Officer(PTO) $850 $850 $850 Lead Paramedic Incentive $1,000 $1,000 $1,000 Qualified members of the South Bend Fire Department,who are assigned to fill minimum staffing positions on a South Bend Fire Department ambulance or non-transport chase vehicle, shall be paid the following seat pay stipends according to their highest certification/licensing level: Certification/License 2015 2016 2017 Lead Paramedic $50.00 $50.00 $50.00 Non-Lead paramedic and below $42.25 $42.25 $42.25 These daily stipends shall be prorated to hours worked. 2025,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance Page 4 (b) Special Operation Team Specialty Pays. The following specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements for each specialty and who are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of regular assignment for such special duty or duties and paid accordingly. The following Special Operation Team Specialty Pays are established: Type of Special Operation Team 2015 2016 2017 Hazardous Materials Team Response Team Member $1,200 $1,200 $1,200 Team Leader $ 400 $ 400 $ 400 Swift Water Rescue Team Scuba Diver $1,200 $1,200 $1,200 Specialist $ 600 $ 600 $ 600 Technician $ 500 $ 500 $ 500 Team Leader $ 400 $ 400 $ 400 Tactical Rescue Team Response Team Member $1,200 $1,200 $1,200 Team Leader $ 400 $ 400 $ 400 (c) LEP Specialty Pay: A Limited English Proficiency(LEP) Program overseen by the City's Human Resources Director or his/her designee shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform LEP duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: 2015 2016 2017 Limited English Proficiency(LEP) $400 $400 $400 (d) Payment of Specialty Pays/Seat Pays. Unless indicated otherwise, specialty pays and seat pays shall be paid on a bi-weekly basis. Section V. Recall of Duty Pay and Emergency Duty Pay. (a) In the event that a sworn member of the South Bend Fire Department is recalled for duty, and he or she reports for duty, he or she shall be paid at the rate of one and one-half(1 %z) times the sworn member's hourly rate of pay and shall be guaranteed a minimum of two (2)hours of work with pay. Any additional fraction of an hour over thirty(30)minutes shall constitute one (1) hour for purposes of this paragraph. (b) A sworn member of the South bend Fire Department who works emergency duty shall be paid at the rate of one and one-half(1 1/2) time the sworn member's hourly rate and shall be guaranteed a minimum of four(4)hours of work or pay. 2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance Page 5 (c) In the event that a sworn member of the South Bend Fire Department is called to work emergency duty for extra-alarm fires or disasters, seniority provisions will not apply. Recall will be in accordance with procedures outlined in the official orders governing the dispatching of South Bend Fire Department units for extra-alarm fire or disasters. In any emergency where personnel with specialized skills are needed, seniority or procedural terms described in a Collective Bargaining Agreement governing extra-duty or recall are not applicable. The Fire Chief or his or her authorized designee may specify which off-duty personnel with specialized skills, including but not limited to sworn members of the South Bend Fire Department's Hazardous Materials Response Team, Swift Water Rescue Team, Tactical Rescue Team, or with needed medical specialties. Section VI. Working Out of Classification Pay. If a sworn member of the South Bend Fire Department is temporarily assigned as a Battalion Chief, Captain, Paramedic or Pump Engineer, that sworn member shall be paid while so performing such duties at the rate of pay for that position,provided that the duty assignment is for a minimum of four (4) consecutive hours as verified by a Working Out of Classification form, as verified by the officer of the rig or the Battalion Chief. Section VII.Longevity Pay. (a) The Common Council hereby continues a longevity program for qualifying sworn members of the South Bend Fire Department. (b) Qualifying sworn members of the South Bend Fire Department holding the rank of First Class Firefighter and above, who are employed by the South Bend Fire Department shall received additional compensation in recognition of the cumulative years of service on the South Bend Fire Department. Such longevity pay shall be paid in a lump sum in the last payroll period in each of the months of December listed below, and shall be attributed to the annual salary base for pension purposes. Longevity pay shall be as follows: Cumulative Yrs of Service on SBFD Commencement Date 2015 2016 2017 5 to 10 years Beginning the 6th year $ 250 $ 250 10-15 years Beginning the 11'h $ 250 15 to 20 years Beginning the 16th year $1,350 $ 550 $ 550 $1,550 $1,750 20 years and above Beginning the 21"year $2,000 $2,100 $2,500 2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance Page 6 Section VIII. Station Allowance. The South Bend Common Council shall budget a total monetary amount for a line-item station allowance which incorporates realignment so that the concerns of the smaller and older fire stations will be addressed and that minimum needed purchases can be made with proper approval. The amount per station shall be as follows from this line-item: Station Number 2015 2016 2017 # 1 $2,850 $2,850 $2,850 #2 $1,250 $1,250 $1,250 # 3 $1,250 $1,250 $1,250 #4 $1,250 $1,250 $1,250 # 5 $ 850 $ 850 $ 850 #6 $1,250 $1,250 $1,250 # 7 $1,250 $1,250 $1,250 # 8 $ 850 $ 850 $ 850 # 9 $ 850 $ 850 $ 850 # 10 $1,250 $1,250 $1,250 # 11 $1,250 $1,250 $1,250 Needed station purchases shall be approved by a majority vote of the assigned sworn members at each fire station and shall be submitted by each House Captain for review, approval and purchase by the Fire Chief and the City Controller. Such monies may not be carried over from year to year and must be used by December 3151 of each calendar year. Section IX. Clothing/Uniform Allowance. (a) Clothing/Uniform Allowance shall be in the following amounts for qualifying sworn members of the South Bend Fire Department: 2015 2016 2017 $850 $850 $850 Clothing/Uniform Allowance shall be paid in four (4) equal payments payable on or about March 15th, June 15th, September 15th and December 15`h of each calendar year. (b) Clothing/Uniform Allowance shall be pro-rated to the date of termination of employment for all qualifying sworn members of the South Bend Fire Department. Clothing/Uniform Allowance shall not be paid during an individual's first year of employment with the Department as a Firefighter Third Class or as a Firefighter Recruit. Clothing/Uniform Allowance shall be pro-rated from a sworn member's first anniversary date until the end of that calendar year. 2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance Page 7 Section X. Other Monetary Benefits. (a) Safety Officers. The regularly assigned Safety Officers shall receive, in addition to his or her base salary,the sum of three thousand dollars ($3,00) in calendar year 2015; 2016; and 2017. (b) 8-Hour Incentive Pay. An 8-hour Incentive Pay shall continue to be paid to those individuals regularly assigned to work a forty(40)hour work-week[not to include temporary duty assignments (TDY)]. The sum of $1,154 shall be paid to such qualifying individuals in the following calendar years: 2015, 2016, 2017. (c) Inspector/Instructor Pay. Those First Class Firefighters who are qualified and regularly assigned [not to include temporary duty assignments (TDY)] as an Inspector/Instructor, shall be provided with duty shirts and a badge, and shall be paid at the non-rank specialty pay as an Inspector or Instructor. (d) Shift Instructor Pay. Shift Instructors who are qualified and selected to teach on-duty in-house instruction programs for rookie schools,driving,confined space rescue,rope techniques, water safety, watercraft techniques, CPR, and other authorized department instruction, shall be paid at the rate of fifteen dollars ($15.00) per hour up to a maximum of$1,500 per year, with any teaching thereafter requiring the approval of the Fire Chief, or his or her designee. ( Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. (e) Luther J. Taylor, Sr. Fire Safety Training Center 8-Hour Instructor Pay. An 8-hour Instructor Pay shall to be paid to the individual regularly assigned to work a forty(40) hour work- week [not to include temporary duty assignments (TDY)] at the Luther J. Taylor, Sr. Fire Safety Training Center. The sum of three thousand dollars ($3,000) shall be paid per year in 2015, 2016, and 2017 to the qualifying individual who is regularly assigned to work in this capacity each of those years. (1) Pay for Other Instructors. Other instructors who are qualified and selected to teach specified on-duty in-house instruction programs for rookie schools,driving,confined space rescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction, shall be paid at the rate of fifteen dollars ($15.00) per hour, upon the approval of the Fire Chief, or his or her designee. Said hourly rate shall be paid over and above the qualifying individual's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. (g) Pay for Certified SCBA Repair Specialists. Those sworn members of the South Bend Fire Department who are qualified, certified and regularly assigned by the Fire Chief,or his or her designee to perform self-contained breathing apparatus(SCBA)repairs, shall be paid at the rate of fifteen dollars ($15.00)per hour up to a maximum of one thousand dollars ($1,000.00) in any one calendar year. 2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance Page 8 (h) Critical Duty Day Stipends. In 2015, 2016, and 2017,the Critical Duty Day Stipend shall be set at one-half(1/2)of an eligible sworn member's regular hourly rate plus longevity, but not less than two hundred and four ($204.00) for the nine(9) Critical Duty Days which are designated each calendar year by the Board of Public Safety. Such stipend may be pro-rated for time actually worked with the eligible sworn member choosing among three(3) options which are further addressed in the governing Collective Bargaining Agreement approved by the Board of Public Safety. (i) Deferred Compensation. The City of South Bend agrees to continue to maintain the Deferred Compensation Program which became effective on January 1, 2997 for the South Bend Fire Department. This program provides that for the first one hundred dollars ($100.00)deferred by a sworn member of the Department each calendar year, the City of South bend will match said amount $0.50 on the dollar, and for the next three hundred dollars ($300.00) deferred by a sworn member of the Department each calendar year, the City of South Bend will match said amount, dollar for dollar. (j) Life Insurance. The City of South Bend shall continue to provide life insurance coverage on all sworn members and upper level policy making positions of the South Bend Fire Department in an amount equal to the amount of the sworn member's base pay or the upper level policy making position's base pay. (k) Health Insurance. Each active sworn member and upper level policy maker of the of the South Bend Fire Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. The bi-weekly contributions for health insurance coverage for active sworn members and upper level policy makers of the South Bend Fire Department for calendar year 2015 shall be as set forth on the attached Exhibit A, which is incorporated herein by reference. Fire pensioners who are not members of South Bend Firefighters Association # 362 shall pay an additional fifty dollars (50.00) per month over and above such rates, subject to the obligations of Local#362 as may be further addressed in an approved Collective Bargaining Agreement between the City of South bend and Local#362 which provides that membership shall not be unreasonably withheld. Said agreement shall remain in effect for 2015, 2016, and 2017, unless agreed to by a Letter of Understanding approved by the Board of Public Safety. (1) Program Coordinators. Any appointed Program Coordinator shall receive in addition to his or her annual base salary, a maximum sum of three thousand dollars ($3,000.00) each year that he/she serves in that capacity in 2015,2016, and 2017. 2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance Page 9 Section XL Education Tuition Reimbursement Program. (a) The South Bend Common Council agrees to continue the Education Tuition Reimbursement Program which originally began on January 1, 2005, for calendar years 2015, 2016, and 2017. Qualifying sworn members of the South Bend Fire Department participating in the education Tuition Reimbursement Program shall be entitled to the following maximum dollar amounts for course tuition and other expenses related thereto: Course Grade Earned Maximum Amount To be Reimbursed by the City A 100% of tuition costs and other expenses directly related to said costs up to a maximum of$1,250 B 100%of tuition costs and other expenses directly Related to said costs up to a maximum of$900 (b) Education tuition reimbursement shall be on a"first come,first serve basis", subject to the maximum dollar amount budgeted by the South Bend Common Council for said program in each of the calendar years 2015,2016, and 2017. All Fire Department regulations governing such program must be complied with by qualifying sworn members of the South Bend Fire Department in order for an individual to be eligible to be paid under this program. Section XII. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section XIII. Effective Date. • This ordinance shall be in MI force and effect from and after its passage by the Common Council and approval by the Mayor. atilL9:1)1e1C Derek D. Dieter, Council Member at Large City Advisory Negotiating Team Member Gavin Ferlic, Co"uncil Member at Large City Advisory Negotiating Team Member 2015,2016,and 2017 South Bend Fire Department Salaries and Monetary Fringe Benefits Ordinance Page 10 a 1 Offic- of e City Clerk Rana/ by me to Pete Buttigieg, Mayor of the City of South Bend, Indiana, on the � - day of C'C - - , 2014, at(l 'o'clock . m at, Janice T boom, Deputy Clerk Office o he City Clerk Scriantdaneitrred by me to Pete Buttigieg, Mayor of the City of South Bend, Indiana, on the L day of 0) u-4o r , 2014, at 3 o'clock m Pete Buttigi , a ./ City of South Ben., Indiana Filed.€ C.K:am: +R ' tat READING ZZ I�/ IC@ PUBLIC HEARING {s��0—�)-1\I � Stt-C �1 54 ry }r�4/ 3rd READING I.(_..7 -F' --{Si ct f` CuI j4--;41.1.14 l- 1 £ 4V1Y NOT APPROVW REFERRED "' ?ASSED. L(�^L� -_.t�"1 f-t. S u o ri- ANN Vi7tltdp@ �f�'g�+. SOUTH BEND,IN f;::71%1/4\4,- hs neat 4(5?{ t; 42;4,3- Common Council City of South Bend Indiana Tim Scott,Common Council President 4th Floor County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601 (574)235-9321 (574)235-9173 Facsimile (574)235-5567 TTY/TDD September 16, 201'5 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for the South Bend Fire Department Dear Council Members: On October 27, 2014, the South Bend Common Council passed Ordinance No. 10333-14, which established the annual pay and monetary fringe benefits for all sworn members of the South Bend Fire Department for calendar years 2015, 2016 and 2017. This action followed successful labor negotiations between the City Advisory Negotiating Team which included Council Members Derek D. Dieter and Gavin Ferlic, members from the Fire Department and City Administration working with our Agents who negotiated.with the Fire Union Negotiating Team and their Agent. As noted at the September 8, 2015 Personnel and Finance Committee when the South Bend Fire Department budget for calendar year 2016 was presented, all annual pay amounts and monetary fringe benefits set forth in their proposed budget reflect the exact amounts originally established in Ordinance No. 10333-14. The attached ordinance re-affirms all of those monetary amounts and programs for the 2016 calendar year, which were originally part of the ratified 3-year agreement. I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for review and recommendation and be set for 2"d & 3rd readings and public hearing at the October 12th Common Council meeting. Thank you. Most sincerely, � t Tim Slit ouncil President Attachment Ted in *ice cc: Fire Chief Steve Cox —t Tim Curran, Fire Union Agent LT 1 ' 1015 fj Kathleen Cekanski Farrand, Council Agent Joknve; ,;;; > CITY CLERK,SOUTH fiEND,IN ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2016 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council is required to fix the annual compensation of elected city officers. Indiana Code § 36-4-7-2 authorizes the legislative body to carry out these responsibilities. This ordinance proposes a two percent (2 %) maximum increase for calendar year 2016 for the nine-member Common Council. soak Xerq&re, le a oxdamet ite wn ca,Oaneilltlie /r .a i Mild Sterna eatatad: Section I. The maximum salaries for the members of the South Bend Common Council for the 2016 calendar years shall be established as follows: 2015 2016 $18,291 $ 18,658 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 pu•lication. . 44114‘.<M4` Tim Scott, Council President South Bend Common Council John Voorde, City Clerk 2016 South Bend Common Council Salary Ordinance Page 2 6%1m/et/*me to s��'aZ?tie cif3t?remit a nd idlanaz on die ?Ye , 2016 at a daata . m Janice Talboom,Deputy City Clerk Sirmea am/dyne ma to die ararride e i9oiaa Fend Sans on Die f , 20/Sat_aiataak . ✓ ' Pete Buttigieg, Mayor City of South Bend, Indiana Filed in CfPrk's Office tst P.EADING L8 t J SE.P, 1 J 2015 PUBLIC HEARING 3 rd READING JU1`ti'3 Vii^::";gam; NOT APPROVED CITY CLERK,SOUTH VEND IN REFERRED PASSED ,;41)711' cn r c : liu� i, IV Common Council City of South Bend Indiana Tim Scott,Common Council President 4th Floor County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601 (574)235-9321 (574)235-9173 Facsimile (574)235-5567 TTY/TDD September 16, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Proposed 2016 Council Member Salary Ordinance Dear Council Members: On September 9, 2015, 1 presented the proposed Common Council budget for the 2016 calendar year before the Personnel and Finance Committee. I noted at that time, that the proposed budget included a salary increase for members of the Common Council of 2%which would be an increase of$367 over the current salary. I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for review and recommendation and be set for 2nd & 3rd readings and public hearing at the October 12th Common Council meeting. Thank you. Most sincerely, Tim ' -e 1 ouncil President South Bend Common Council Attachment cc: Office of the City Clerk Filed in Ci t s Office $74, 11 2015 CITY CLERK,tSOUTH BEND,IN cisvic 03- -0-1 ,C ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2016 STATEMENT OF PURPOSE AND INTENT The City Clerk serves as the Clerk of the Common Council pursuant to Indiana Code § 36-4-6-9 and is required to maintain custody of the Council's records. The City Clerk is also charged with keeping the City Seal, administering official oaths, attending all regular and special meetings of the Common Council, and performing other duties as may be required by the Common Council. Indiana Code § 36-4-11-4 authorizes the City Clerk to appoint the "number of deputies and employees authorized by the city legislative body", which are established by a separate ordinance. The City Clerk currently manages a staff of four (4) employees, which includes overseeing the Ordinance Violations Bureau. The South Bend Common Council is required to fix the annual compensation of all elected city officers pursuant to Indiana Code § 36-4-7-2. This ordinance proposes a two percent (2 %) maximum increase for calendar year 2016 for the City Clerk. Jw% Xvisre, le aorda4ned.fr camman aaned ltite c4 / end ndia uk e4Mllaa6: Section I. The maximum salary for the City Clerk for the 2016 calendar years shall be established as follows: 2015 2016 $58,300 $ 59,466 Section II. This ordinance shall be in full force and - -- f-en d after its passage by the Common Council, approval by the Mayor and 1- al Iu+lication. Tim Scott, Council President South Bend Common Council 2016 South Bend City Clerk Salary Ordinance Page 2 John Voorde, City Clerk 62PrelemSti oft arafee foie ca jOrmat arend snah an die 4'f , 20/e5 ea 0/0100.4 . 171 Janice Talboom, Deputy City Clerk (*toed warted me to S 00 foie N f ort/i.grend SJtarta,, on d f , 20/8 ea a eloek . Pete Buttigieg, Mayor City of South Bend, Indiana Filed-Fr; IPTK' ?ffice J- ilt READING Pi±EJ PUBLIC HEARING P rd READING NOT APPROVED CITY CLERK,ISOU HI4END IN REFERRED PASSED tkila •`rh 7865 Office of the City Clerk JOHN VOORDE, CITY CLERK September 16, 2015 Councilmembers; Submitted for your consideration is the ordinance that sets the salary for South Bend City Clerk for the 2016 Calendar year. The amount requested mirrors the 2% raise granted for other city employees. Your favorable approval is hereby requested. ti Respe , John Voorde,South Bend City Clerk I Filled, : "?6 9ce ECP 17 ?.415 CITY CL E t;SOU sH;iEND,IN 455 County-City Building • 227 W Jefferson Blvd • South Bend.Indiana 46601 • 574/235-9221 • Fax 574235-9173 KAREEMAH FOWLER JANICE TAI.ELOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK \S i(k —11---1 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2016 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 36-4-7-2, the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed,nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2016. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for the Mayor of the City of South Bend in calendar year 2016 shall be and hereby is established at$104,489.00. 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 any abi• required by law. a Member, South Bend Common Council Attest: City Clerk opporaw4 l Council action on 11:n igaa Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2 , at o `clock .m. Mayor, City of South Bend, Indiana � Filed in CiArk's Office 1st READING `'Zt D '�Qt • j PUBLIC HEARING 3 rd READING Jt)Fif 1f0µ.4 NOT APPROVED C!1 V CE.EEE;i S UTy BEND,IN REFERRED PASSED ''oUT7I8�;.,. 1200N COUNTY-CITY BUILDING i 04 •,!1,! /,'YO : PHONE 574/235-7678 227 W.JEFFERSON BLVD. FAX` / !yc FAX 574/235-9928 SOUTH BEND,INDIANA 46601-1830 u.� o _ W -,\rsacs/ a CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 16, 2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Setting the Mayor's Salary For 2016 Dear President Scott: Attached is the 2016 salary ordinance setting the Mayor's salary. Under Indiana law, I.C. 36-4-7- 2(c),the Mayor's salary may not be reduced from the prior year's amount. This ordinance increases the Mayor's 2016 salary by 2% over his 2015 salary which is the same as the proposed increase for other employees. I will present this Ordinance at the Council's Personnel &Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Jo 4' H. Murphy ,:i';71,7-:'=yy City Controller Filed in mica T �. Joli}V.) . CITY CLERK,utuu ■ ;END,IN • ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10328-14 FIXING THE MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2014, 2015, AND 2016 STATEMENT OF PURPOSE AND INTENT This ordinance sets forth the monetary aspects of the tentative agreement reached between the City Negotiating Team and the Teamster's Negotiating Team on October 30, 2013. Those provisions were set forth in an ordinance which had first reading on September 22, 2014, passed by the Common Council on October 13, 2014, and approved by the Mayor on October 14, 2014. This ordinance formally re-affirms all provisions of Ordinance No. 10328-14 in its entirety, including the 3-page attachment to said ordinance for the 2016 calendar year, all of which are on filed in the Office of the City Clerk. gia, Ieaardatnai*de 04e te /Mai .truitana a4jbllad: Section I. The maximum wages of Teamster Employees for calendar years 2014, 2015, and 2016 set forth in Ordinance No. 10328 which was passed by the Common Council on October 13, 2014 and approved by the Mayor on Octol';er 14, 2014 is hereby re-affirmed in its entirety, including any and all attachments.. A copy of Ordinance No. 10328-14 is attached hereto and included herein by reference. 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 Sk:na o; 't"s el to raids an opporta fcr pfft, heaec and Council action on this ism. 2016 Re-Affirmation Ordinance of the Maximum Wages of Teamster Employees Page 2 r John Voorde, City Clerk (SAented 40 me to die 4 yf9iud Wend Siena, on Mee dr? , 20/5 at wales% . sra • Janice Talboom, Deputy City Clerk aired and me to de grape/S 4 y/9° Fend c2 &naz an die daffy/ , 2O'6at_abloeb . m Pete Buttigieg, Mayor City of South Bend, Indiana Filed in C aik's Office 1* READING � \ —l�' PUBLIC HEARING cr 2 3 2Q15 3rd READING �' NOT APPROVED REFERRED JOHN >'Gc kOt°.. PASSED CITY CLERK,SOUTH SEND,IN •' pUTA 1200N COUNTY-CITY BUILDING ,•'.ot ij „��'1p PHONE 574/235-7678 227 W.JEFFERSON BLVD. F / 'r? FAX 574/235-9928 SOUTH BEND, INDIANA 46601-1830 - 'V �� W N\eACV/ VA r s it -• 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 16, 2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: 2014-2016 Ordinance Fixing Wages for Teamster Employees of the City of South Bend Dear President Scott: Attached is a bill which is an ordinance to fix maximum wages of Teamster Employees of the City of South Bend, Indiana for calendar years 2014-2016. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, li. Jo H. Murphy City Controller "'s Office CITY matt. vo 1::.? t.tratt.$QUTn VEND,IN J ORDINANCE NO. 13 3 2-4'-j AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2014, 2015 and 2016 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the monetary aspects of the tentative agreement reached between the City Negotiating Team and the Teamster's Negotiating Team on October 30, 2013. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation (a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established for calendar years 2014 through 2016 inclusive as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly,wages are set and paid on a Bi-Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (c) Insurance. (1) Comprehensive Maior Medical Insurance Program/Preferred Provider Organization (PPO). The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. (2) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Employer's Comprehensive Mayor Medical Insurance Program. The City shall pay one hundred and thirty dollars ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory,and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that there is a Qualifying Life Event or during open enrollment, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars($130)payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than lx annual salary rounding up to the nearest$1,000 for each Teamster employee. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty (60) day eligibility period; and that the long-term disability program requires a minimum of a ninety (90) day eligibility period which Teamster employees must meet. (d) Productivity Bonus. A productivity bonus of up to $250.00 annually per employee, with goals to be set by work group and management may be earned and paid from cost savings realized by employee increased productivity,with first payment no sooner than January 2015, all as set forth more specifically in the Collective Bargaining Agreement. (e) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement, the Bargaining Agreement shall prevail. (f) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one(1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. (g) Definition of Full-Time Employee. F g-$4pe employees are those employees who are regularly scheduled to forty (40) hours per week, or a reduced full-time schedule of thirty(30)hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. However, solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act (the Act) as amended, the definition of full time employee shall be the equivalent of that which is provided in the Act,and this section shall not be construed to be in conflict with the Act. (h) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status as defined by the City including those who qualify for health care benefits under the Patient Protection and Affordable Health Care Act, but who do not meet the City's definition of full-time under the above and previous subsection (f), and who are scheduled to work less than the City of South Bend's full-time schedule. While they do receive certain mandated benefits (such as worker's compensation and social security benefits, and for some, health care under the Patient Protection and Affordable Care Act),they are not eligible for other City benefit programs. Section Ill. Effective Date • This Ordinance shall be in full force a • -ffec fr.r• - . after its passage by the Common Council and approv=: • the • t Common Council Attes� _O City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the ? ((AA day of , 2014, at ( ( ■ LD o'clock R. m. -e rk O-- Deputy)ity Clerk Approved and signed by me on the 1C( day of 6 bei--- , 2014, at • `•3 o 'clock P .m. • • Mayor, Ci out end, Indiana • • • • • Filed `sF Office I d READii1G PUBLIC HEP.RING LO -I 3-Ey ..�" 4� 4� 3rd READING t o -.i 3 -i4 NOT APPROV$D JOR: • REFERRED cry Matt;`a"i'v"s Ft!'END,It''...f PASSED l'3_ E, 3_0 • • • City of South Bend 2014-2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels • January 15,2014 Amended . 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate$ Rate$ Increase Rate$ Increase Rate$ Increase TRAFFIC AND LIGHTING DEPARTMENT Staff Positions: Group Leader-Traffic&Lighting- 17.39 17.74. 2% 18.09 2% 18.45 2% Operations Technician 16.71 ' 17.04 2% 17.39 2% 17.73 2% Sign Artist 17.50 17.85 2% 18.21 2% 18.57 2% Sign Artist-Job Leader(new position in 2011) 18.73 19.10 2% 19.49 2% 19.88 2% Signal Technician I 17.31 17.66 2% 18.01 2% ° Signal Technician II 18.07 18.43 2% 18.80 2% 19.38 2% Signal Technician 11-Job Leader 18.73 19.10 2% 2% 19.18 2/° 19.49 2/° 19.88 2% BUILDING MAINTENANCE Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% General Laborer(Bldg Janitors) 15.11 15.41 2% 15.72 2°% ° Maintenance Technician I(Bldg.Eng.) 19.28 19.67 2% 20.06 2% 16.03 2% • 20.46 2/° PARK AND RECREATION DEPARTMENT Staff Positions: Arborist I 18.20 18.56 2% 18.94 2% ° Arborist II 19.77 20.17 2% 20.57 2% 10.98 2% Arborist/Weed Control 17.50 17.85 2% 18.21 2% 28.57 2% Asst Greens Superintendent . 17.76 18.12 2% 18.48 2% 18.57 2% Athletic Field Maintenance 16.57 16.90 2% 17,24 2% 18.85 2% Bldg Mtce-Custodian&Laborer 15.11 15.41 2% 15.72 2% 17.58 2% Bldg&Structural Maintenance I 19.07 19.45 2% 19.84 2% 20.24 2% Bldg&Structural Maintenance II 19.77 20.17 2% 20.57 2% ° Construction Maintence/Carpenter I. 18.48 18.85 2% 19 19.61 19.23 2% 29.61 2% Construction Maintenance/Carpenter II 19.07 19.45 . 2% 19.84 2% 2%20.24 Construction Maintenance/Carpenter III 19.77 20.17 2% 20.57 2% 20.98 2% ,/ Construction Maintence/Mason 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance/Welder 19.07 19.45 2% 19.84 2% 20.24 e Dietician 15.76 16.08 2% 16.40 2% 16.72 2% Electrician-Park 19.77 20.17 2% 20.57 2% 20.98 2% Equipment Operator II-Park 16.39 16.72 2% 17.05 2% 17.39 2% General Laborer 15.11 15:41 2% 15.72 2% o Group Leader-Recreation 17.50 17.85 2% 18.21 2% 16.03 2% Group Leader-Street Island • 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader-Leeper 17.50 17.85 2% 1821 2% 18.57 2% Group Leader-Plaza 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader-Custodian - 17.50 17.85 2% 1821 2% 18.57 2% Head Custodian 15.76 16.08 2% 16.40 2% 18.57 2% Heavy Equipment Operator I - 17.76 18.12 2% 18.48 2% 16.72 2% Heavy Equipment Operator II 18.20 18.56 2% 16.94 2% 18.85 2% Job Leader. . 18.70 19.07 2% 19.46 2% 19.81 2% Zoo Keeper I • 15.11 15.41 2% 15.72 2% 19.84 2% Zoo Keeper II 15.93 16.25 2% 16.57 2% 16.03 2% Zoo Keeper III - 16.57 16.90 2% 17.24 2% 17.58 2% Zoo Keeper IV 17.50 17.85 2% 18.21 2% 17.58 2% Zoo Keeper/Grower 17.50 17.85 2% 18.21 2% 18.57 2% Mechanic IV-Park-Garage 17.96 18.62 4% 18.99 2% 18.57 2% MechaniclV-Park-Golf • 17.96 18.62 4% 18.99 2% 19.37 2% OperatorI . 15.92 16.24. . 2%. • 16.56 2% 19.37 2% Painter IV 17.96 18.32 2% 18.69 2% 16.89 2% Plumber IV-Park 19.77 20.17 2% 20.57 19.06 2/a Veterinarian Tech 18.20 18.56 2% 18.94 2% 20.98. 1 2% Zoo Maintenance . 16.57 16.90 2% 17.24 2% o 17.58 2/0 • • 2014 Teamster Wage Rates for Salary Ordinance Page 1 of 3 • City of South Bend 2014-2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels • January 15,2014 Amended 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate$ Rate$ Increase Rate$ Increase Rate$ Increase STREET DEPARTMENT Staff Positions: Equipment Operator 1 15.92 16.24 2% 16.56 2% • 16.89 2% Equipment Operator II 16.48 16.81 2% 17.15 2% 17.49 2% Equipment Operator III 17.12 17.46 2% 17.81 2% 18.17 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Heavy Equipment Operator! 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader(1) 18.73 19.10 2% 19.49 2% 19.88 2% EQUIPMENT SERVICES • • Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% Body Repair IV 18.26 18.63 2% 19.00 2% 19.38 2% Body Repair V 19.27 19.66 2% 20.05 . 2% 20.45 2% General Laborer(Janitor) 15.11 15.41 2% 15.72 2% 16.03 2% Machinist IV 18.26 18.63 2% 19.00 2% 19.38 2% Machinist V 19.27 19.66 2% 20.05 2% 20.45 2% Mechanic III - 17.42 17.77 2% 18.12 2% 18.49 2% Mechanic IV 18.25 18.62 2% 18.99 2% 19.37 2% Mechanic V 19.27 19.66 2% 20.05 2% 20.45 2% Parts Clerk I 16.43 16.76 2% 17.09 2% 17.44 2% Parts Clerk H(2) 17.17 17.27 1% 17.62 2% 17.97 2% SOLID WASTE Staff Positions: Driver 17.10 17.44 2% 17.79 2% 18.15 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.24 16.56 2%. 16.90 2% 17.23 2% Equipment Operator III(Code) 16.73 17.06 2% 17.41 2% 17.75 2% Job Leader • 18.70 19.07 2% 19.46 2% 19.84 2% Picker I 16.34 16.67 2% 17.00 2% 17.34 2% Picker II 16.72 17.05 2% 17.40 2% 17.74 2% ORGANIC RESOURCES Staff Positions: • . Heavy Equipment Operator I 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 19.00 19.38 2% 19.77 2% 20.16 2% General Laborer _ 15.11 15.41 2% 15.72 2% 16.03 2% / WASTEWATER Staff Positions: CSO Rep I 17.46 17.81 2% 18.17 2% 18.53 2% CSO Rep II 18.20 18.56 . 2% 18.94 2% 19.31 2% Dewater Operator 18.20 18.56 2% 18.94 2% 19.31 •2% General Laborer 15.11 15:41, 2% 15.72 2% 16.03 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% - Lift Station-Rep 1 18.20 18.56 2% 18.94 2% 19.31 2% Lift Station-Rep 11 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician I 17.14 17.48 2% 17.83 2% 18.19 2% Maintenance Electrician II 17.50 17.85 2% 18.21 2% 18.57 2% Maintenance Electrician III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician IV 19.72 20.11 2% 20.52 2% 20.93 2% Maintenance Electrician V 20.46 20.87 2% 21.29 2% 21.71 2% Maintenance Lead 21.22 21.64 2% 22.08 2% 22.52 2% Maintenance Repair 1 17.46 17.81 2% 18.17 2% 18.53 2% • 2614 Teamster Wage Rates for Salary Ordinance Page 2 of 3 City of South Bend 2014-2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels • January 15,2014 Amended 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate$ . Rate$ Increase Rate$ Increase Rate$ Increase Maintenance Repair II 18.20 18.56 2% 18.94 2% 19.31 2% Maintenance Repair III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Repair IV 19.72 20.11 2% 20.52 2% 20.93 2% • Operator-General 18.20 18.56 2% 18.94 2% 19.31. 2% Operator-Lead 21.22 21.64 2% 22.08 2% 22.52 2% Operator-Senior 18.97 19.35 2% 19.74 2% 20.13 2% Operator I-Wastewater 16.63 16.96 2% 17.30 2% 17.65 2% Relief Operator 16.71 17.04 2% 17.39 2% 17.73 2% Sanitation Operator 15.88 16.20 2% 16.52 2% 16.85 2% SEWER DEPARTMENT Staff Positions: Curb&Sidewalk Finisher(3) 18.50 18.87 2% 19.25 2% 19.64 2% Heavy Equipment Operator I 17.76 18.12 2% 18.48 2% 18.85 2% Job Leader 19.15 19.53 2% 19.92 2% 20.32 2% Operator I 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16A8 16.81 2% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% WATER WORKS Staff Positions: Auditor I-Barg. 16.30 16.63 2% 16.96 2% 17.30 2% Auditor II-Barg. 17.37 17.72 2% 18.07 2% 18.43 2% . Auditorlll-Barg. 18.75 19.13 2% 19.51 2% 19.90 2% Auditor IV-Barg. 19.13 19.51 2% 19.90 2% 20.30 2% Clerk Dispatcher III 16.81 17.15 2% 17.49 2% 17.84 2% Shut off Clerk 15.05 15.35 2% 15.66 2% 15.97 2% Courier/Supply Clerk 16.55 16.88 2% 17.22 2% 17.56 2% Crew Chief 16.51 16.84 2%. 17.18 2% 17.52 2% Customer Service&Billing 15.33 15.64 2% 15.95 2% 16.27 2% Data Processor 16.93 17.27 2% 17.61 2% 17.97 2% Engineering Aide III 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman/Insp I 17.78 18.14 2% 18.50 2% 18.87 2% Field Repairman/Insp II . 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairmen/Insp III 18.24 18.60 2% 18.98 2% 19.36 2% General Laborer • 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader-Water Works 17.96 18.32 2% 18.69 2% 19.06 2% Heavy Equipment Operator I 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.41 18.78 2% 19.15 2% 19.54 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Machinist 18.02 18.38 2% 18.75 2% 19.12 2% Maintenance Tech-Helper 15.53 15.84 2% 16.16 2% ' 16.48 2% Maintenance Tech I 16.53 16.86 2% 17.20 2% 17.54 2% Maintenance Tech II 16.99 17.53 3% 18.08 3% - 18.64 3% Meter Serviceman III 16.19 16.51 2% 16.84 2% 17.18 2% Meter Serviceman IV 16.81 17.15 2% 17.49 2% 17.84 2% Operator I 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.24 16.81 4% 17.15 2% 17.49 2% Operator III - 16.57 16.90 2% 17.24 2% 17.58 2% Payment Processor-Lead 15.43 15.74 2% 16.05 2% 16.37 2% Utility Operator 15.23 15.53 2% 15.85 2% 16.16 2% Changes from Ordinance No.10267-13,passed October 30.2013 (1)-rate of$18.73 per hour during 2013.Increase by 2%each year for 2014 through 2016. (2)-actual rate paid of$16.93 per hour during 2013.Increase by 2%each year for 2014 through 2016. (3)-rate of$18.50 per hour during 2013.Increase by 2%eachyear for 2014 through 2016. ' e a 4 `1ss^^ f// - l fP5 __...I `► t N M 2014 Teamster Wage Rates for Salary Ordinance Page 3 013 L 1 I . '.OUTgam',,,••y.. O 0111111,10 �':_ 1200N COUNTY-07Y BUILDING � �% fit' 227 NV JEFFERSON BLVD. U��\ , VI PHONE 574/235-9216 SOUTH BEND,INDIANA 46601-1830 °°; �' �$, PAX 574/235-9928 1865 On OP SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County-City Building South Bend,IN 46601 Re: 2014-2016 Ordinance Fixing Wages for Teamster Employees of the City of South Bend Dear President Davis: Attached is a bill which is an ordinance to fix maximum wages of Teamster Employees of the City of South Bend, Indiana for calendar years 2014-2016. I will present this bill at the Council's Personnel&Finance Committee meeting and at the public hearing. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, MI6 H. Murphy City Controller i 4114 r e11 °c,LE;-, ,: ife ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2016 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City of South Bend for the calendar year 2016. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid may be less than the maximum amounts set forth herein. This Ordinance establishes such compensation for all non-bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment,which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly,salaries are set and paid on a Bi-Weekly basis.Amounts by alphabetical position are set forth, as well as the annual salary for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference (a) Holidays. Holidays designated by the Board of Public Works shall govern non-bargaining employees for the calendar year 2016. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Maior Medical Insurance Program. The City shall maintain a comprehensive major medical insurance program in which, subject to Section III herein,non-bargaining employees regularly scheduled to work 30 hours or more per week may participate under the rules and guidelines of the plan document. All employees receive a copy of a plan document each year. (2) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the City's Personnel Policies and Procedures Manual,as it may be amended from time to time,which is incorporated herein by reference. (3) Payment for Election to Leave Employers Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty($130) per month ($65 bi-weekly)to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory,and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions are a Qualifying Life Event or Open Enrollment of the City's Comprehensive Major Medical Insurance Program, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollar($130) payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount lx annual salary rounded up to the nearest$1,000 for each benefit eligible employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period. The City notes that life insurance and comprehensive major Medical Insurance programs require a minimum eligibility period of thirty(30) days; and that the long-term disability program requires a minimum ninety(90)day eligibility period which must be met. (e) Hiring Bonus.The Mayor, may, at his/her discretion,offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered.This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100)to four thousand dollars ($4,000). (f) Allowances. (1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one($1) to five hundred dollars ($500)dollars per month. (2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one- hundred dollars($100) per month. (g) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one(1)year.Any such bonus or assistance must be approved by the Mayor and Controller and is subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. (h) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. Section III. Employee Definitions (a) Full-Time Employee. Full-time employees are those employees who are regularly scheduled to work forty (40) hours per week, or a reduced full-time schedule of thirty(30) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms, conditions and limitations of each benefit program. However, solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act (the Act) as amended,the definition of full time employee shall be the equivalent of that which is provided in the Act, and this Section shall not be construed to be in conflict with the Act. (b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status as defined by the City including those who qualify for health care benefits under the Act, but who do not meet the City's definition of full-time employee under subpart (a)of this Section,and who are scheduled to work less than the City of South Bend's full-time schedule, not to exceed one thousand five hundred and eight(1,508)hours per year. While they do receive certain mandated benefits(such as worker's compensation, social security benefits, and for some, health care under the Act),they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorneys employed in the City's Legal Department in part-time positions as well as all elected Council members, are eligible for participation in all of the Employer's Benefit Programs. Section IV. Policies and Procedures Manual Availability Two(2) copies of the City's Personnel Policies and Procedure Manual and/or Employee Handbook shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County-City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. lam; Member: -the Common Council op ortoftSf P gib!? ng and Council Earl en iiii Las. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the_ day of 2015, at o'clock— M. Deputy City Clerk Approved and signed by me on the day of , 2015, at O 'clock .m. Mayor, City of South Bend, Indiana C(-4-3--1 Filed in Oiak'z Office lm READING r SEP 22 2Q15 PUBLIC HEARING 3rd READING JOHN NOT APPROVQJOHN V0,Th: CITY CLERIC,SO I-t`:IEND,fPd ' {ERRED • . — -ASSED City of South Bend,Indiana - - - 2016 Nonbargaining Salary Ordinance Schedule Maximum Salaries 26 pay dates 2011 2012 2013 2014 2015 2016 2016 Job Title Status note Sala Sala Sala Sala Sala Sala %Increase Full-Time Beside s 11 Customer Service Liaison Full Time 11 new 40,500 41,310 42,136 42,979 2.00% 11 Customer Service Liaison II • Full Time 77 new 43,788 44,664 2.00% cademic Coordinator-CB Center Full Time 46 31,337 31,980 32,620 title change 0.00% cademic Coordinator-MLK Center Full Time 46 35,623 36,348 37,075 title change 0.00% ccounting Assistant Full Time 37,976 38,740 39,515 40,305 41,111 41,933 2.00% ccounting Clerk IV Full Time 29,574 30,186 30,790 31,406 32,034 32,674 2.00% ccounts Payable Administrator Full Time 58 31,111 31,746 32,381 33,029 33,689 34,363 2.00% dministrative Assistant I Full Tine 43 35,259 35,984 36,704 37,438 38,187 38,950 2.00% dministrative Assistant I-DCI(Adm&Finance Team) Full Time 5,63 new 27,487 eliminated 0.00% dministrative Assistant II Full Time 67 36,313 37,050 37,791 38,547 39,318 40,104 2.00% dministrative Assistant II-DCI(Adm&Finance Team) Full Time 5,63 new 30,869 eliminated 0.00% dministrative Assistant Ill-DCI(Adm&Finance Team) Full Time 5 new 36,704 37,438 38,187 38,951 2.00% dministrative Assistant Ill-DCI(Neigh.Engagement Team) Full Time 5,28 new 36,704 37,438 38,187 38,951 2.00% nalyst I-DCI(Building Development Team) Full Time 101 new 42,468 100.00% nalyst I-DCI(Neighborhood Engagement Team) Full Time 5 new 40,019 40,819 41,636 42,468 2.00% nalyst II-DCI(Economic Resources Team) Full Time 5 new 45,390 46,298 47,224 48,168 2.00% nalyst II-DCI(Neighborhood Engagement Team) Full Time 5 new 45,390 46,298 47,224 48,168 2.00% nimal Control Assistant Full Time 30,620 31,252 31,877 32,515 33,165 33,828 2.00% nimal Control Officer Full Time 30,845 31,486 32,116 32,758 33,413 34,081 2.00% nimal Control Officer Senior Full Time 31 34,084 34,788 35,484 title change 0.00% ssistant City Attomey Full Time 67,143 68,510 69,880 71,278 72,704 74,158 2.00% ssistant City Attomey/Claims Adjuster Full Time 65 new 72,704 74,158 200% ssistant City Engineer Full Time 3 68,583 73,060 74,521 76,011 77,531 79,082 200% ssistant Director of Administration&Marketing Full lime 36,63 45,276 46,202 47,126 title change - 0.00% ssistant Director of Administrative Services Full Time 41 49,149 50,154 51,157 title change 0.00% ssistant Director of Booking&Event Operation Full lime 36,63 42,864 43,732 44,607 title change 0.00% ssistant Director of Communication Center Full Time 21 44,185 45,084 50,000 51,000 52,020 53,060 2.00% ssistant Director of Community and Economic Development Full Time 5,63 55,624 56,758 title change 0.00% ssistant Director of Distribution Full Time 45,651 46,566 47,497 48,447 49,416 50,405 2.00% ssistant Director of Human Resources Full Time 63 50,366 51,376 52,404 53,452 54,521 55,611 2.00% ssistant Director ofMPAC Financial Reporting Full Time 36,63 43,936 44,824 45,720 46,635 47,568 48,519 2.00% ssistant Director of Recreation Full Time 29 50,219 51,246 52,271 55,000 56,100 57,222 2.00% ssistant Director of Treatment Full Time 45,393 46,306 47,232 48,177 49,140 50,123 200% ssistant Director of Utilities Full Time 75,107 new 76,000 81,500 7.24% ssistant Executive Director-DCI (Business Development Team) Full Time 5,100 new 81,600 83,232 84,897 94,000 10.72% ssistant To The Mayor Full Time 4,63 64,136 title change 0.00% ssistant Zoning Administrator Full Time 29,66,72 51,293 52,338 53,385 57,122 eliminated 0.00% ssociate I-DCI-(Adm&Finance Team) Full Time 5 new 50,786 51,802 52,838 53,895 2.00% ssociate I-DCI-(Business Development Team) Full Time 5 new 50,786 51,802 52,838 53,895 2.00% ssociate I-DCI-(Economic Resources Team) Full Time 5 new 50,786 51,802 52,838 53,895 2.00% ssociate I-DCI-(Neighborhood Engagement Teem) Full Time 5 new 50,786 51,802 5Z838 53,895 2.00% ssociate I-DCI-(Planning Team) Full lime • 5 new 50,786 51,802 52,838 53,895 2.00% ssociate II-DCI-(Adm&Finance Team) Full Time 101 new 58,228 100.00% ssociate II-DCI-(Economic Resources Team) Full Time 5 new 54,870 55,967 57,087 58,228 200% ssociate II-DCI-(Neighborhood Engagement Team) Full Time 5 new 54,870 55,967 57,087 58,228 2.00% ssociate II-DCI-(Planning) Full Time 5 new 55,967 57,086 58,228 2.00% ssociate III-DCI-(Business Development Team) Full Time 5 new 59,537 60,728 61,942 63,181 200% ssociate III-DCI-(Economic Resources) Full lime 5 new 60,728 61,943 63,181 2.00% ssociate III-DCI-(Neighborhood Engagement Team) Full Time 5 new 59,537 60,728 61,942 63,181 2.00% udget Analyst-Senior Full Time 80 new 60,000 61,200 200% uilding and Code Inspector Full Time 42 new 47,000 47,940 48,899 2.00% uilding Commissioner Full lime 29,66 76,279 77,818 79,374 84,930 86,629 88,361 2.00% • uilding Inspector Full Time 97 42,345 43,212 44,076 44,958 45,857 46,774 2.00% usiness Analyst Full Time 44 new 49,000 49,980 50,980 2.00% usiness License Administrator Full Time 28 new 31,070 31,691 title change 0.00% AD Specialist-Senior Full Time 34 43,015 43,888 44,766 eliminated 0.00% X116 NO,ba/gea,i,g sane ONn,MB 9/18/2015 Page 1 City of South Bend,Indiana 2016 Nonbargaining Salary Ordinance Schedule Maximum Salaries 26 pay dates 2011 2012 2013 2014 2015 2016 2016 Job Title Status note Salary Salary Salary Salary Salary Salary %Increase CED Specialist 11 Full Time 5,63 36,305 37,050 title change 0.00% CED Specialist Senior Full Time 5,63 52,736 53,794 title change 0.00% CED Specialist VI Full Time 5,63 48,793 49,790 title change 0.00% Chemist Full Time 43,975 44,876 45,774 46,689 47,623 48,575 2.00% Chemist Lead Full Time new 47,736 48,691 49,665 50,658 51,671 2.00% Chemist/Safety Officer Full Time 112 44,021 44,902 45,800 46,716 47,650 title change -100.00% Chief Building Inspector Full Time 29 new 55,000 56,100 57,222 2.00% Chief Code Inspector Full Time 29,66,103 44,423 45,318 46,224 49,460 50,449 eliminated -100.00% Chief Deputy City Clerk Full Time 44,996 45,916 46,834 47,771 48,726 49,701 2.00% Chief Innovation Officer Full Time 65 new 98,318 100,284 2.00% Chief of Staff to the Mayor Full Time 3,4,29,66 new 65,442 66,751 71,424 72,852 74,310 2.00% Chief Technology Officer Full Time 71 new 98,318 100,284 2.00% City Clerk Secretary Full Time 29,658 30,264 30,869 31,487 32,116 32,759 2.00% City Controller Full Time 3,26 84,228 94,500 96,390 96,390 98,318 100,284 2.00% City Engineer Full Time 3,26 74,909 94,500 96,390 96,390 98,318 100,284 2.00% Clerk Terminal Operator Full Time 25,984 26,520 27,050 27,591 28,143 28,706 2.00% Club Pro Municipal Golf Course Full Time 44,580 45,474 46,383 47,311 48,257 49,223 2.00% Code Inspector Full Time 103 36,285 37,024 37,764 38,520 39,290 40,076 2.00% Code Inspector-Senior Full Time 103 - new 42,583 100.00% Collection Specialist Full Time 35 31,367 32,006 32,646 title change 0.00% Commercial Combination Inspector Full Time 96 new 49,113 100.00% Communication Specialist l Full Time 21 29,131 30,888 33,500 34,170 34,853 35,550 2.00% Communication Specialist II Full Time 21 32,676 34,528 41,500 42,330 43,177 44,040 2.00% Communication Specialist 111 Full Time 21 32,836 35,022 43,000 43,860 44,737 45,632 2.00% Corporation Counsel Full Time 3,22,26 new 94,500 96,390 96,390 98,318 -100,284 2.00% Court Liaison Full Time 30,996 31,616 32,248 32,893 33,551 34,222 2.00% Crime Analyst Full Time 33,936 34,632 35,325 36,031 36,752 37,487 2.00% Crime Lab Firearms Examiner Full Time 51,714 52,754 53,809 54,885 55,983 57,103 2.00% Custodian Full Time 22,152 22,620 23,072 23,533 24,004 24,484 2.00% Customer Service Coordinator Full Time 8 37,789 38,558 39,329 40,116 40,918 41,736 2.00% Data Analyst Full Time 65 new 50,000 51,000 2.00% Data Entry/Alarms Coordinator Full Time 28,234 28,808 29,384 29,972 30,571 31,183 2.00% Data Entry Records Coordinator Full Time 92 31,894 32,552 33,203 33,867 34,544 title change -100.00% Data Entry Specialist II Full Time 27,707 28,262 28,827 29,404 29,992 30,592 2.00% Departmental System Specialist Full Time 42,351 43,212 44,076 44,958 45,857 46,774 2.00% Deputy Chief of Staff to the Mayor Full Time 3,4,29,66 new 62,170 63,413 67,852 69,209 70,593 2.00% Deputy City Clerk Full Time 69 38,543 39,338 40,125 40,927 43,246 44,111 2.00% Deputy City Controller Full Time 29,66 new 72,000 73,440 78,581 80,153 81,756 2.00% Deputy Director of Public Works Full Time 33 new 90,000 91,800 93,636 2.00% Deputy Mayor Full Time 37 new 98,000 0.00% Deputy Parks&Recreation Director Full Time 14 61,483 62,738 67,000 68,340 69,707 71,101 2.00% Design/Plan Review Specialist Full Time 54,080 55,172 56,275 57,401 58,549 59,720 2.00% Digital(Forensic)Lab Technician Full Time 17 32,896 33,566 34,237 34,922 35,621 36,333 2.00% Director!-DCI-(Adm/Finance Team) Full Time 5 new 63,913 65,191 66,495 67,825 2.00% • Director l-DCI-(Planning Team) Full Time 5 new 63,913 65,191 66,495 67,825 2.00% Director II-DCI-(Economic Resources Team) Full Time 5,100 new 69,721 71,115 72,538 76,000 4.77% Director II-DCI-(Neighborhood Engagement Team) Full Time 5, 100 new 69,721 71,115 72,538 76,000 4.77% Director ll-DCI-(Planning Team) Full Time 67, 100 new 71,115 72,537 76,000 4.77% Director of 311 Customer Service Full Time 11,60,66 new 52,000 55,640 56,753 57,888 2.00% Director of Administrative Services Full Time 30 55,864 56,992 58,132 title change 0.00% Director of Administrative Services-Parks ' Full Time 76 55,864 56,992 58,132 59,294 eliminated 0.00% Director of Booking&Event Services Full Time 87 title change 57,665 100.00% Director of Box Office Services Full Time 85 title change 57,665 100.00% Director of Central Services Full Time 29,66 67,011 68,354 69,721 74,601 76,093 77,615 2.00% Director of City Finance Full Time 66,300 67,626 68,979 70,358 71,765 73,201 2.00% Director of Code Enforcement Full Time 29,66 67,867 69,238 70,623 75,567 77,078 78,620 2.00% Director of Communication Center Full Time 29,66 54,334 55,432 56,541 60,499 61,709 62,943 2.00% Director of Communications Full Time 2,3 57,181 58,344 59,511 60,701 61,915 63,153 2.00% 2018 Non bargaining savvy Ordinance 9/18/2015 Page 2 r City of South Bend,Indiana 2016 Nonbargalning Salary Ordinance Schedule Maximum Salaries 26 pay dates 2011 2012 2013 2014 2015 2016 2016 Job Title Status note Salary Salary Salary Salary Salary__ Salary %Increase Directorof Communications&Radio Full Time 51,310 52,338 53,385 54,452 55,542 56,652 2.00% Director of Communications Public Works Full Time 8,95 new 39,642 40,435 41,244 eliminated -100.00% Director of Community Development Full Time 5,63 67,011 68,354 title change 0.00% Director of Community Outreach Full Time 21,29,82 new 45,000 49,500 50,490 55,000 8.93% Director of CSO Project Management Full Time 71,292 72,722 74,176 75,660 77,173 78,717 2.00% Director of Customer Service&Billing Office Full Time 108 new 66,000 100.00%• Director of Development-Parks Full Time 76 55,322 56,446 57,575 58,726 eliminated 0.00% Director of Distributions Full Time 57,276 58,422 59,590 60,782 61,998 63,238 2.00% Director of Economic Development Full Time 5,63 67,011 68,354 title change 0.00% Director of Energy Conservation Full Time 38 68,016 69,394 70,782 title change 0.00% Director of Finance(Park Administration) Full Time 55,322 56,446 57,575 58,726 59,901 61,099 2.00% Director of Finance(Public Works) Full Time 63,240 64,506 65,796 67,112 68,454 69,823 2.00% Director of Finance(Water Utility) Full Time 57,931 59,098 60,280 61,486 62,715 63,970 2.00% Director of Financial&Program Management Full Time 5,63 61,410 62,660 title change 0.00% Director of Financial Services Full Time 54,090 55,172 56,275 57,401 58,549 59,720 2.00% Director of Golf Operations Full Time 55,864 56,992 - 58,132 59,294 60,480 61,690 2.00% Director of Human Resources Full Time 3 61,910 80,002 81,602 83,234 84,899 86,597 2.00% Director of Human Rights Full Time 29,66 53,186 54,262 55,347 59,221 60,405 61,614 2.00% Director ofInformation Technology Full Time 3,71 67,011 87,000 88,740 90,515 eliminated 0.00% Director of Marketing&Promotions Full Time 36 49,502 50,518 51,528 52,559 53,610 54,682 2.00% Director of Office of Sustainability Full Time 38,66 new 75,737 77,252 78,797 2.00% Director of Parks&Recreation Full Time 74,047 75,530 77,041 title change 0.00% Director of Public Works Full Time 3,26 81,135 108,248 110,413 110,413 112,621 114,874 2.00% Director of Records Bureau Full Time 88 41,616 42,458 43,307 44,173 45,057 47,797 6.08% Director of Safety&Risk Full Time 40,66 new 56,753 57,888 59,046 2.00% Director of SCADA Information Systems Full Time 45 new 72,000 73,440 74,909 2.00% Director of Secretarial Services Full lime 1 47,136 48,100 49,062 title change 0.00% Director of Streets&Sewers Full Time 29,66,106 68,193 69,576 70,968 75,936 77,455 81,500 5.22% Director of Treatment Full lime 53,881 54,964 56,063 57,185 58,328 59,495 2.00% Director of Utilities Full Time 74 - - .. new 90,000 91,800 2.00% Director of Utility Safety Full lime 112 new 53,500 2.00% Director of Wastewater Full Time 61 66,065 67,392 68,740 title change 0.00% Director of Wastewater Maintenance Full Time 114 58,695 59,878 61,076 62,297 63,543 70,000 10.16% Director of Water Duality&Laboratory Full Time 110 new 70,000 100.00% Director of Water Works Full lime 29,75 67,011 68,354 69,721 81,000 eliminated 0.00% Director of Zoo Full Time 55,822 56,940 58,079 59,241 60,426 61,634 2.00% Distribution Records Drafter Full Time 36,780 37,518 38,268 39,034 39,814 40,611 2.00% Distribution System Specialist Full Time 109 new 66,000 100.00% Diversity Compliance Officer(full time,32 hours per week) Full Time 24,90 41,600 42,432 43,281 eliminated -100.00% Diversity Inclusion Officer Full Time 90 new 75,000 100.00% Division Director of Environmental Services Full Time 29,61,66,74 70,227 71,656 73,089 78,205 eliminated 0.00% Engineer Aide IV Full Time 36,780 37,518 38,268 39,034 39,814 40,611 • 2.00% Engineer! Full Time 65 - - - new 64,000 65,280 2.00% Engineer II Full Time 64,377 65,676 66,990 68,329 69,696 71,090 2.00% Engineer Inspector Full lime 32 37,789 36558 39,329 title change 0.00% Event Service Technician I Full Time 24,449 24,960 25,459 25,968 26,488 27,018 200% Event Service Technician II Full Time 27,831 28,392 28,960 29,539 30,130 30;732 2.00% Evidence Technician Full Time 88 33,948 35,542 36,253 36,978 37,717 40,010 6.08% Executive Administrative Assistant Full Time 105 new 40,508 100.00% Executive Assistant Full Time 43 new 45,000 45,900 46,818 2.00% Executive Assistant-DCI-(Adm&Finance Team) Full Time 65 new 51,044 52,065 2.00% Executive Assistant and Director of Special Projects Full Time 1,3,62 47,136 48,100 49,062 50,043 51,044 52,065 2.00% Executive DirectorDepanment of Community Investment Full Time 3,5,26 90,941 94,500 96,390 96,390 98,318 100,284 200% Executive Director Mons Performing Arts Center Full Time 29 73,772 75,270 76,775 90,000 91,800 93,636 200% Financial Specialist I Full lime 31,111 31,746 32,381 33,029 33,689 34,363 2.00% Financial Specialist II Full Time 33,934 34,632 35,325 36,031 36,752 37,487 2.00% Financial Specialist Ill Full Time 37,977 38,740 39,515 40,305 41,111 41,933 2.00% Financial Specialist IV Full Time 20,44 42,058 42,899 43,757 44,632 45,525 46,435 2.00% 2016xwwa9alnoq Seleryomu,ence 9/1012015 Page City of South Bend,Indiana 2016 Nonbargalning Salary Ordinance Schedule Maximum Salaries 26 pay dates 2011 2012 2013 2014 2015 2016 2016 Job Title Status note _Salaar Sala Salary Salary Salary Salary %Increase Financial Specialist Senior Full Time 48,077 49,062 50,043 51,044 52,065 53,106 2.00% Fingerprint/Photo Technician Full Time 32,896 33,566 34,237 34,922 35,621 36,333 2.00% Fiscal Officer Full Time 41 new 52,180 53,224 54,288 2.00% Fiscal Officer/Business Analyst Full Time 65 new 54,570 55,661 56,775 2.00% Foreman IV Full Time 37,101 37,856 38,613 39,385 40,173 40,977 2.00% Foreman V Full Time 56 41,829 42,666 43,519 44,390 45,278 46,183 2.00% General Zoo Curator Full Time 46,079 47,008 47,948 48,907 49,885 50,883 2.00% GIS Manager Full Time 54,913 56,030 57,151 58,294 59,459 60,649 2.00% GIS Specialist-Senior Full Time 44,464 45,370 46,277 47,203 48,147 49,110 2.00% Greenskeeper . Full Time 40,337 41,158 41,981 42,821 • 43,677 44,551 2.00% Hearing Secretary Full Time 104 new 38,694 100.00% Housing Specialist Senior Full Time 5,63 49,447 50,440 title change 0.00% Housing Specialist V Full Time 5,63 41,918 42,770 title change 0.00% Housing Specialist VI Full Time 5,63 44,509 45,422 title change 0.00% Human Resource Generalist-Senior(Public Safety Focus) Full Time 91 new 60,000 100.00% Human Resources Generalist Full Time 65 new 33,000 33,660 200% Human Resources Generalist/Benefits Coordinator Full Time 89 new 40,000 100.00% Human Resources Specialist IV Full Time 13,63 42,056 42,900 43,758 44,633 45,526 46,436 200% Industrial Pretreatment Specialist I Full Time 46,818 47,762 48,717 49,692 50,685 51,699 2.00% Intake Officer/Investigator Full Time 31,014 31,642 32,275 32,920 33,579 34,250 2.00% Internal Auditor Full Time 63 53,581 54,678 55,772 56,887 58,025 59,185 2.00% Inventory Control Technician II Full Time 32,653 33,332 33,999 34,679 35,372 36,080 2.00% Investigator II Full Time 35,543 36,270 36,995 37,735 38,490 39,260 2.00% Investigator III • Full Time new 38,584 39,356 40,143 40,946 41,765 2.00% Investigator IV Full Time 40,073 40,898 41,718 42,550 43,401 44,269 2.00% Investigator V Full Time 42,053 42,900 43,758 44,633 45,526 .46,436 2.00% Investigator VI Full Time 83 New 47,589 100.00% Laboratory Technician Full Time 29,658 30,264 30,869 31,487 32,116 32,759 2.00% License Clerk Full Time 63 33,936 34,632 35,325 36,031 36,752 37,487 2.00% Locator Full Time 37,469 38,220 38,984 39,764 40,559 41,371 2.00% Maintenance Foreman II Full Time 33,538 34,216 34,900 35,598 36,310 37,036 2.00% Manager-Animal Sheffer Full Time 30 - - new 47,501 48,451 49,420 2.00% Manager-Assistant Animal Shelter Full Time 31,68 - - new 40,000 40,800 41,616 2.00% Manager-Assistant Facility Operations Full Time 31,620 32,266 32,911 33,570 34,241 34,926 2.00% Manager-Benefits Full Time 27,89 new 55,000 56,100 title change -100.00% Manager-Box Office Full Time 36,63 37,083 37,830 38,587 title change 0.00% Manager-CSO Operations Full Time 53,778 54,860 55,957 57,076 58,218 59,382 200% Manager-Customer Service Full Time 60 43,334 44,226 45,111 46,013 46,933 47,872 200% Manager-Environmental Compliance Full Time 29,66 56,986 59,566 60,757 65,010 66,310 67,636 2.00% Manager-Equipment Services Full Time 53,329 54,418 55,506 56,616 57,749 58,904 2.00% Manager-Facilities Full Time 50 - - new 57,996 59,156 60,339 2.00% Manager-Facility Operations Full Time 44,755 45,656 46,569 47,501 48,451 49,420 2.00% Manager-Facility Operations(MPAC) Full Time 86 title change 57,665 100.00% Manager-Golf Course/Rink Full Time 49,620 50,622 51,634 52,667 53,720 54,795 2.00% Manager-Industrial Pretreatment Full Time 111. new 59,000 10000% Manager-Interactive Marketing Full Time 36 new 35,815 36,531 37,262 2.00% Manager-Maintenance Full Time 114 52,211 53,274 54,339 55,426 56,535 63,000 11.44% Manager-Maintenance(MPAC) Full Time 52,211 53,274 54,339 55,426 56,535 57,665 2.00% Manager-Office Full Time 3Z424 33,098 33,760 34,435 35,124 35,826 200% Manager-Operations Full Time 29,50 57,083 58,240 59,405 64,664 65,957 67,276 200% Manager-Operations-Forester Full Time 29,66,69 51,733 52,780 53,836 55,751 59,156 60,339 200% Manager-Park Grounds Manager Full Time 50 - - new 57,996 59,156 .60,339. 200% Manager-Pads Maintenance Full Time 113 38,515 39,286 40,072 40,873 41,691 title change -100.00% Manager-Performance Improvement Full Time 12 - new 67,626 68,979 70,358 71,765 200% Manager-Permits Full Time 43,015 43,888 44,766 45,661 46,574 47,506 2.00% Manager-Print Shop Full Time 41,829 42,666 43,519 44,390 45,278 46,183 2.00% Manager-Production Full Time 84 36,435 37,180 37,924 38,682 39,456 46,750 18.49% Manager-Public Construction Full Time 58,939 60,138 61,341 62568 63,819 65,095 2.00% 2016 nonba,galning 6eiary Ordinance 9/18/2015 Page City of South Bend,Indiana 2016 Nonbargalning Salary Ordinance Schedule Maximum Salaries 26 pay dates 2011 2012 2013 2014 2015 2016 2016 Job Title Status note Salary Salary Salary Sala Salary Salary %Increase Manager-Purchasing Full Time 56,744 60,008 61,208 62,432 63,681 64,955 200% Manager-Records Bureau ' Full Time 92 - - - title change 36,645 100.00% Manager-Safely&Risk Full Time 40 48,170 52,000 53,040 title change - 0.00% Manager-Sewer Operations Full Time 57,083 60,008 61,208 62,432 63,681 64,955 2.00e%e Manager-Solid Waste Operations Full Time 54,854 55,952 57,071 58,212 59,377 60,564 2.00% Manager-Streets Full Time 54,854 55,952 57,071 58,212 59,377 60,564 2.00% Manager-Talent Full Time 13,29 - new 60,000 61,200 65,000 66,300 2.00% Manager-Traffic&Lighting Full Time 54,854 55,952 57,071 58,212 59,377 60,564 2.00% Manager-Utility Purchasing&Storeroom Full Time 113 new 51,000 100.00% Manager-Zoo Concessions&Gift shop Full Time 50 - - new 33,921 34,599 35,291 2.00% Manager/-Assistant Box Office Full Time 30,120 30,732 31,347 31,974 32,613 33,265 2.00% Manager II-Assistant Box Office Full Time 33,671 34,346 35,033 35,734 36,448 37,177 2.00% Marketing and Education Curator Full Time 49 37,805 38,584 39,356 title change 0.00% Naturalist Full Time 32,252 32,916 33,574 34,246 34,931 35,629 2.00% Network Engineer Full Time 29,66 52,602 53,664 54,737 58,569 59,740 60,935 2.00% Ordinance Violations Bureau Clerk Full Time 29 32,529 33,202 33,866 39,643 40,436 41,245 2.00% Paralegal Full Time 39,959 40,768 41,583 42,415 43,263 44,129 2.00% Park Police ll Full Time 70 31,596 32,240 32,885 33,542 eliminated 0.00% Park Ranger Full Time 70 new 34,213 34,897 2.00% Planner VI Full Time 5,63 48,793 49,790 title change 0.00% Preventative Maintenance Coordinator Full Time 36,665 37,414 38,162 38,926 39,704 40,498 2.00% Print Shop Technician Full Time 34,340 35,048 35,749 36,464 37,193 37,937 2.00% Program Coordinator Full Time 46 - - new 33,272 33,937 34,616 2.00% • Programmer Analyst/ Full Time 40,827 41,652 42,485 43,335 44,201 45,085 2.00% Programmer Analyst ll Full Time 42,577 43,446 44,315 45,201 46,105 47,027 2.00% Project Analyst VI Full Time 5,63 41,257 42,094 title change 0.00% Project Analyst VIII Full Time 5,63 44,579 45,474 title change 0.00% Project Inspector Full Time 93 - title change 50,602 - 100.00% Project Inspector I Full Time 93 43,015 43,888 44,766 45,661 46,574 title change -100.00% Project Inspector ll Full Time 93 45,819 46,748 47,683 48,637 49,609 title change -100.00% Project Manager Full Time 32 47,289 48,256 49,221 50,206 51,210 52,234 2.00% Property/Evidence Custodian-Senior Full Time 31,854 32,500 33,150 33,813 34,489 35,179 2.00% Public Assistance Clerk ll Full Time 27,083 27,638 28,191 28,755 29,330 29,916 2.00% Public Relations Specialist Full Time 63 39,535 40,326 41,133 41,955 42,794 43,650 2.00% Public Works Safety Coordinator Full Time 102 44,038 44,928 45,827 46,743 47,678 eliminated -100.00% Quality Assurance Distribution Technician Full Time 37,101 37,856 38,613 39,385 40,173 40,977 2.00% Quality Assurance Treatment Technician Full Time 73 39,729 40,534 41,345 42,172 eliminated 0.00% Radio Technician I Full Time 42,193 43,056 43,917 44,795 45,691 46,605 ' 2.00% Radio Technician ll Full Time 43,575 44,460 45349 46,256 47,181 48,125 2.00% Radio Technician Ill Full Time 46,865 47,814 48,770 49,746 50,741 51,755 2.00% Residential Combination Inspector Full Time 96 new 46,774 100.00% Residential Marketing Specialist Full Time 5,63 57,222 58,370. title change 0.00% Sales/Event Associate Full Time 36 33,747 34,424 35,112 title change 0.00% SCADA Instrument Specialist Full Time 49,611 50,622 51,634 52,667 53,720 54,795 2.00% Secretary ll Full Time 25,256 25,766 26,281 26,807 27,343 27,890 2.00% Secretary Ill Full Time 35 26,527 27,066 27,607 28,159 28,723 29,297 2.00% Secretary IV Full Time 28,151 28,730 29,305 29,891 30,489 31,098 2.00% Secretary of the Board Full Time 62 39,729 40,534 41,345 title change 0.00% Secretary V Full Time 29,659 30,264 30,869 31,487 32,116 32,759 2.00% Special Events Assistant Full Time 35,906 36,634 37,367 38,114 38,876 39,654 2.00% Stock Room&Safety Coordinator Full Time 44,037 44,928 45,827 46,743 47,678 48,632 2.00% Superintendent-Maintenance Full Time 48 55,864 56,992 58,132 title change 0.00% Superintendent-Pads Full Time 29,64 - - new 90,000 91,800 93,636 2.00% Superintendent-Park Maintenance Full Time 48 - - new 61,500 62,730 63,985 2.00% Superintendent II Full Time 44,211 45,110 46,012 46,932 47,871 48,829 2.00% Superintendent Ill Full Time 45,651 - 46,566 47,497 48,447 49,416 50,405 2.00% SuperintendentIV Full Time 53 - - new 51,000 52,020 53,060 2.00% SupenntendentV Full Time 50,097 51,116 52,138 53,181 54,245 55,330 2.00% 2016 NonbngeLting Salary O,annoe 9/18/2015 Pag es City of South Bend,Indiana 2016 Nonbargaining Salary Ordinance Schedule Maximum Salaries 26 pay dates 2011 2012 2013 2014 2015 2016 2016 Job Title Status note Salary Salary Salary Salary Salary Salary %Increase Supervisor-311 Customer Service Full Time 78 - - - new 46,267 47,192 2.00% Supervisor-Accounts Payable Full Time 42,058 43,550 44,421 45,309 46,216 47,140 2.00% Supervisor-Administrative Assistant Full Time 52 - - new 34,500 35,190 35,894 2.00% Supervisor-Assistant Program Full Time 55 - - new 33,272 33,937 34,616 200% Supervisor-Athletic Full Time 39,541 40,352 41,159 41,982 42,822 43,678 2.00% Supervisor-Center Full Time 47 39,541 40,352 41,159 41,982 42,822 43,678 200% Supervisor-Communication I Full Time 21 40,303 41,132 46,000 46,920 47,858 48,816 200% Supervisor-Communication II Full Time 21 40,839 41,678 47,500 48,450 49,419 50,407 2.00% Supervisor-Crime Laboratory Full Time 50,938 51,974 53,013 54,074 55,155 56,258 2.00% Supervisor-Customer Service Full Time 40,303 41,132 41,955 42,794 43,650 44,523 200% Supervisor-Data Processing Full Time 40,303 41,132 41,955 42,794 43,650 44,523 2.00% Supervisor-Fitness Full Time 39,541 40,352 41,159 41,982 42,822 43,678 2.00% Supervisor-Fitness/Wellness Full Time 51 - - new 33,372 34,039 34,720 2.00% Supervisor-Healthy Seniors Full Time 47 33,979 34,684 title change 0.00% Supervisor-Maintenance Mechanic Full Time 50,097 51,116 52,138 53,181 54,245 55,330 2.00% Supervisor-Operations Full Time 36 52,211 53,274 54,339 55,426 56,535 57,665 2.00% Supervisor-Park Police Full Time 56,79 - - new 44,389 eliminated 0.00% Supervisor-Palk Ranger Full Time 79 - - - new 45,277 46,183 2.00% Supervisor-Payroll Full Time 88 37,976 38,740 39,515 40,305 41,111 45,000 9.46% Supervisor-Program Full Time 51,52 39,541 40,352 41,159 41,982 42,822 43,678 2.00% Supervisor-Rum Village Park Full Time 36,622 37,362 38,109 38,871 39,649 40,442 2.00% Supervisor-Signal Full Time 49,611 50,622 51,634 52,667 53,720 54,795 2.00% Supervisor-Special Events Full Time 38,562 39,338 40,125 40,927 • 41,746 42,581 2.00% Supervisor-Youth Full Time 55 39,541 40,352 41,159 41,982 42,822 43,678 2.00% Sustainability Coordinator Full Time 39 new 61,000 62,220 63,464 2.00% System Specialist I Full Time 16 - new 42,500 43,350 44,217 45,101 200% System Specialist II - Full Time 48,086 49,530 50,521 51,531 52,562 53,613 200% System Specialist Ill Full Time 51,149 53,716 54,790 55,886 57,004 58,144 200% • System Specialist IV Full Time 45 56,134 60,008 61,208 62,432 63,681 64,955 2.00% Utilities System Specialist Full Time 49,042 50,024 51,024 52,045 53,086 54,148 2.00% Violence Prevention Coordinator I Full Time 54 31,337 31,980 32,620 title change 0.00% Violence Prevention Coordinator ll Full Time 54 35,096 35,802 36,518 37,248 37,993 38,753 2.00% Wafer Quality Specialist Full Time 63,73 50,982 52,026 53,067 54,128 55,210 56,315 2.00% Water Treatment Operator PF Full Time 40,303 41,132 41,955 42,794 43,650 44,523 200% Water Works Special Projects Coordinator I Full Time 63 39,729 40,534 41,345 42,172 43,015 43,875 2.00% Water Works Special Projects Coordinator II Full Time 63 43,334 44,226 45,111 46,013 46,933 47,872 2.00% Workers Compensation Specialist Full Time 81 - - - new 35,000 35,700 2.00% Youth Sports Coordinator Full Time 54 31,337 31,980 32,620 title change 0.00% Zoning and Business Services Administrator Full Time 72,98 - - - new 58,264 59,720 2.50% Zoning Specialist Full Time - 37,774 38,532 39,303 40,089 40,890 41,708 2.00% Zoo Education Curator Full Time 49 - - - 35,500 36,210 36,934 200% Zoo Veterinarian Full Time 23 54,470 55,562 83,000 84,660 86,353 88,080 200% Part-Time Positions Receiving Benefits Chief Assistant City Attorney Pad Time 2225 41,295 42,146 42,989 eliminated - - 0.00% City Attomey Part Time 22 55,522 56,654 57,787 58,943 60,122 61,324 200% Deputy City Attorney Ill Part Time 35,460 36,192 36,916 37,654 38,407. 39,175 2.00% Deputy City Attorney IV Part Time 45,492 46,410 47,338 48,285 49,251 50,236 2.00% Other Part Time Positions 311 Customer Service Liaison(hourly rate) Part Time 57,67,99 - - new 17.00 17.34 20.66 19.15% Administrative Assistant Ill ' Part Time 95 - - - - new 20.23 100.00% Associate IV-DCI-(Economic Resources Team)(20 hours) Part Time 5 35,739 36,478 36,279 37,005 37,745 38,500 2.00% City Engineer(hourly rate) Part Time 6 - new 36.57 37.30 38.05 38.81 200% Code Inspector IV Part Time 57 - - new 19,260 19,645 20,038 200% Construction Inspector(hourly rate) Part Time 7 - new 19.00 19.38 19.77 20.16 2.00% Engineer(29 hours per week) Part Time 94 - - 0.00 0.00 new 29.14 100.00% Police Department Lab Technician(20 hour per week) Part Time 18 new 12,600 12,852 13,109 13,371 2.00% 2016 Nwadga8mg Salary OniSnce 9/18/2015 Page 6 City of South Bend,Indiana 2016 Nonbargaining Salary Ordinance Schedule Maximum Salaries . 26 pay dates • 2011 2012 2013 2014 2015 2016 2016 Job Title Status note Salary Salary Salary Salary Salary Salary %Increase Secretary-Human Rights(hourly rate) Part Time 57 - - new 10.00 10.20 10.40 2.00% Secretary V(Mayors Office)(hourly rate) Part Time 21 - new 14.50 14.79 15.09 15.39 2.00% Non Bargaining Maximum Hourly Rate(excluding above) Part Time 26.40 26.92 27.46 28.01 28.57 29.14 2.00% Other Compensation Water Utility Off duty water technicians monitoring water operations off site Hourly 0.30 0.30 0.30 0.30 0.30 0.30 0.00% Sewer Insurance Sewer Insurance on-call wages Annual 19 - - 5,000 5,100 5,202 5,306 2.00% 1-title change from Director of Secretarial Services to Executive Assistant and Director of Special Projects in 2012.No salary increase. 2-title change from Director Communications&Special Projects to Director of Communications in 2012.No salary increase. 3-2012 maximum salary per amended salary ordinance passed February 13,2012. 4-positions of Assistant to the Mayor were eliminated in 2012 and replaced with Chief of Staff to the Mayor and Deputy Chief of Staff to the Mayor positions. No salary increase.The Deputy Chief of Staff position salary of$62,170 is lower than the salaries of the former Assistant to the Mayor positions. . 5-reorganization and step structure of Department of Community Investment(formerly Department of Community and Economic Development).No new net positions. 6-the position of part-time City Engineer was included in the 2012 budget but was not included in the 2012 non-bargaining salary ordinance in error. • 7-two part-time Construction Inspectors have been included in the 2013 Public Works budget This will result in savings versus contracted services. 8-title change from Customer Service Coordinator to Director of Communications Public Works in 2013 to recognize increased responsibilities.Includes a$313 salary increase. 9-intentionally left blank 10-intentionally left blank 11-staffing for new 311 Call Center during 2013.No new net positions.Transfers from customer service staff in other departments. 12-new job responsibilities and title change for one of the Finance Directors in Administration and Finance.No salary change.Will help implement performance management plan. 13-new position for 2013 in Administration&Finance.Replaces a Human Resources Specialist IV position.No new net positions. 14-reclassification for 2013 to recognize the increased responsibilities of the Director of Recreation.New duties include marketing and development. 15-Director of Youth Engagement position not approved. 16-reclassification for 2013 in the Police Department budget from a Programmer Analyst Ito a System Specialist I.A small salary increase. 17-title change from Film Processor to Digital(Forensic)Lab Technician in the Police Department No salary change.Title changed to reflect job description. 18-new position for2013 in the Police Department Twenty hours per week.Assists in handling digital evidence in the Digital(Forensic)lab. 19-special pay adjustment for on call duty 24-7 for 13 weeks each per year from the sewer insurance fund in order to reduce claims. 20-amendment to 2013 salary ordinance passed 1/28/13 correcting a mathematical error on the Financial Specialist IV position. Correct 2012 salary is$42,899 and correct 2013 salary is$43,757. 21-amendment to 2013 salary ordinance passed 2/25/13 increasing maximum salaries for communications office employees and adding the positions of Director of Community Outreach and part-time Secretary Vin the Mayor's Office. 22-position of Chief Assistant City Attorney eliminated for 2014.The positions of City Attomey and Corporation Counsel are included. 23-amendment to Zoo Veterinarian salary in the Parks&Recreation to make the salary more competitive with private organizations.The Common Council approved on June 24,2013. 24-position of Diversity Compliance Officer approved by the Common Council on June 24,2013.Full time position,32 hours per week. 25-position eliminated during 2013 26-Salary ordinance freeze for 2014 27-new position in Admin&Finance for 2014 28-Business Licensing Administrator moved from Admin&Finance fo Dept of Comm Inv?(DCI)for 2014 and placed in existing title of Administrative Assistant Ill-DCI 29-Salary ordinance adjustment for competitive market salary and internal pay equity 30-title change from Director of Administrative Services to Animal Shelter Manager for 2014 31-title change from Animal Control Officer Sr.to Assistant Animal Shelter Manager for 2014 32-title change from Engineer Inspector to Project Manager(existing title)for 2014 33-new position in Engineering/Public Works for 2014 34-Senior CAD Specialist eliminated for 2014,position no longer required 35-Collection Specialist eliminated for 2014,position no longer required,replaced with new Secretary III position 36-title change from Sales/EventAssociate to Interactive Marketing Manager for 2014;Assistant Director of Administration&Marketing to Director of Marketing&Promotions(existing title); Assistant Director of Booking&Event Operation to Operations Supervisor(existing title);and Box Office Manager to Operations Supervisor(existing title);Assistant Director of MPAC Financial Reporting to Director of Financial Services(existing title) 37-added Deputy Mayor position to be budget neutral as position to be in use only while Mayor is deployed on active duty in 2014. 38-title change from Director of Energy Conservation to Director Office of Sustainability with a broader mandate for2014 39-Sustainability Coordinator established as new position for 2014 to more broadly support sustainability Director in City sustainability efforts 40-title change from Safety&Risk Manager to Director of Safety&Risk for 2014 41-title change from Assistant Director of Administrative Services to Fiscal Officer for 2014 in Building Department to more accurately describe duties 42-Inactive during 2014. 43-inactive during 2014 44-inactive during 2014 45-title change from System Specialist IV to Director of SCADA Information Systems at Wastewater operations for 2014 to reflect full scope of duties 20161bnbe9aumq Salary Ordinance 9118/2015 Page? City of South Bend,Indiana 2016 Nonbargalning Salary Ordinance Schedule Maximum Salaries 26 pay dates 2011 2012 2013 2014 2015 2016 2016 Job Title Status note Salary Salary Salary Salary Salary Salary %Increase 46-title change from Academic Coordinator-CO Center and MIX Center to Program Coordinator for 2014 47-title change from Healthy Seniors Supervisor to Center Supervisor(existing title) 48-title change from Maintenance to Park Maintenance Superintendent for2014 49-title change from Marketing&Education Curator to Zoo Education Curator for 2014 50-title change from Operations Manager to Facilities Manager for 2014 51-title change from Program Supervisor to Fitness/Wellness Supervisor for 2014 52-title change from Program Supervisor to Administrative Assistant Supervisor for 2014 53-new position of Superintendent IV for 2014. Transfer employees from Superintendent 111 54-title change from Violence Prevention Coordinator I to Program Coordinator for 2014. One individual remains in this position and one will transition to Program Coordinator which is more appropriate for their responsibilities.. 55-title change from Youth Supervisor to Assistant Program Supervisor for 2014. One individual remains in this position;three others will transition to Assistant Program Supervisor which is more appropriate for their responsibilities 56-title change from Foreman V to Park Police Supervisor for 2014. 57-new part-time position for 2014 58-title change from Accounts Payable Technician to Accounts Payable Administrator to better reflect duties 59-intenti'onally left blank 60-title change from Customer Service Manager to Director 311 Customer Service 61-title change from Director Wastewater to Division Director Environmental Services 62-title change from Secretary of the Board to Executive Assistant and Director of Special Projects 63-title change;position no longer in use 64-title change from Director of Parks&Recreation and Parks Superintendent 65-new position based upon department requirements 66-Common Council passage of 7%increase on October30,2013 67-Update due to Scribner error 68-2014 salary amount updated for the Assistant Animal Control Manager. Original ordinance amount was less than the 2013 salary amount of Animal Control Officer-Senior which this position replaces. 69-pay increase based on increased job responsibilities. 70-title change from Park Police II to Park Ranger. 71-title change from Director of Information Technology to Chief Technology Officer. 72-title change from Assistant Zoning Administrator to Zoning and Business Services Administrator. 73-title change from Quality Assurance Treatment Technician to Water Quality Specialist.The latter title is already in the salary ordinance. 74-title change from Division Director of Environmental Services to Director of Utilities. 75-tale change from Director of Water Works to Assistant Director of Utilities. 76-position eliminated. 77-title change from 311 Customer Service Liaison to 311 Customer Service Liaison I1. 78-title change from 311 Customer Service Liaison to 311 Customer Service Supervisor. 79-title change from Park Police Supervisor to Park Ranger Supervisor. 80-new position;formerly a Financial Specialist Senior. 81-new position;formerly a Secretary III. 82-salary increase in order to be more comparable with market averages. 83-new position in order have the flexibility with in the department to promote long serving,hard working employees. 84-title change from Technical Stage Manager fo Production Manager which better describes the duties and responsibilities required in this position. Salary increase to be more in line with salaries of peers in industry. 85-title change from Operations Supervisor to Director of Box Office Services. No salary change. 86-title change from Manager-Maintenance to Manager-Facilities Operations Manager. No salary change. 87-title change from Operations Supervisor to Director of Booking&Event Services. No salary change. 88-salary increase to be more in line with salaries of peers in similar positions in the region. 89-downgrade manager position to generalist position.Higher level benefit decisions are made with the help of consultants,therefore,it was determined a manager level position was not required. 90-replacing Diversity Compliance Officer with a full time Diversity Inclusion Officer in order to better represent the residents of the City of South Bend. 91-new position in human resources in order to better serve those in Public Safety with regards to benefits,hiring&firing,performance management,etc. 92-title change and salary increase to reflect supervisory responsibilities and additional duties as the bureau's second in command. 93-title changes to simplify the organizational structure of the engineering department 94-job similar in scope to Engineer!. Permanent professional position. 95-retired director of communications to work pad time performing duties similar to those of original director of communications. 96-New job titles to better reflect job duties and to allow for future promotions if certifications received. 97-title change from Building Inspector Vi to Building Inspector 98-salary increase to be more in line with salaries of peer positions 99-Increased hourly rate to be in line with full time position divided by 2.080 hours. 100-salary increase due to increase in responsibilities and department achievements. 21016 Nonbagenmgsalanrdinance 9/182015 Pegs 8 • City of South Bend,Indiana • 2016 Nonbargaining Salary Ordinance Schedule Maximum Salaries 26 pay dates 2011 2012 2013 2014 2015 2016 2016 Job Title Status note Salary Salary Salary Salary Salary Salary %Increase 101-new position due to increased responsibilities 102-eliminated position due to retirement and use of contractual services and departmental safety officers 103-title change from Code Inspector IV to Code Inspector to streamline department and addition of Sr.Code Inspector for future promotion in lieu of using Chief Inspector position(eliminated). 104-new title due to increased job responsibilities and specialty skills required for job. 105-new position to assist with collections and other administrative duties within Code. • • 106-title change from Director of Streets to Director of Streets and Sewers;increased salary due to increase in job responsibilities 107-salary increase due to increase in responsibilities. Original job started in 2015 and duties to be assumed were unknown at that time. • 108-new position to handle all duties of customer service and billing office relating to water/wastewaterbillings. 311 director will no longer split time between 311 and Waterworks. 109-new position responsible for all aspects of water quality,well head protection and Laboratory testing 110-new position responsible for managing and guiding the operations and maintenance of the water distribution system 111-new position will manage and set direction for the City's EPA Approved Pretreatment Program 112-new position to take on additional safety/compliance responsibilities for Water Works division 113-new position to manage all purchases and storeroom of parts. Upgrading Manager-Parts Maintenance due to Increased responsibilities. 114-salary increase due to increased responsibilities. • • 2016Nanba'g'Ning Salary Ordinance 9/18/2015 Peg 9 • 1200N COUNTY-CITY BUILDING :'0F v, ,,iI!;;��7+0-,,_ PHONE 574/235-7678 227 W.JEFFERSON BLVD. ±F' `�f "j;V. FAX 574/235-9928 SOUTH BEND, INDIANA 46601-1830 -i u N ;,, , '/ O' leN itACE7' zy r ' 865�� a CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 16, 2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: 2016 Non-Bargaining Employee and Officer Salary Ordinance Dear President Scott: Enclosed please find the proposed 2016 Non-Bargaining Employee and Officer Salary Ordinance. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, ld , J H. :g___ City Controller Filed in `gr{'s Office VT 2 a 2915 Jon11`ICtY'ii - CITY CLERK,SOU Fk!: END,IN m m ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A LESS THAN FULL WIDTH PORTION OF SOUTH MAIN STREET(FORMERLY LAFAYETTE BOULEVARD) THAT LIES ADJACENT TO PROPERTY OWNED BY GATES AND GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD) STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A portion of the right-of-way of South Main Street (formerly Lafayette Boulevard), as depicted on the Ireland Road Major Subdivision, recorded as instrument number 0828548 in the Office of Recorder of St. Joseph County, Indiana, being more particularly described as follows: Beginning at a point on the east right-of-way line South Main Street, said point also being the northwest corner of Lot 1 of Ireland Road Major Subdivision;thence South 01°05'07"West,along said east right-of-way line and west line of Lot 1, 118.56 feet;thence South 16 96'34"West,along said east right-of way line and west line of Lot 1, 115.54 feet to a point that lies 40.00 feet east of the design alignment for South Main street (Line "D") as shown in City of South Bend Project Number 110-058B construction plans and established by Location Control Route Survey Plat recorded as document number 1134039 in the Office of Recorder of St. Joseph County, Indiana; thence North 02°47'24"East,along a 40 foot offset of Line`D', 217.78 feet;thence Northwesterly 11.52 feet along a 40 foot offset of Line `D' being a tangent curve to the right having a radius of 560.00 feet and subtended by a long chord having a bearing of North 03°22'46"east and a length of 11.52 feet to a point of the north line of Lot 1 extended; thence North 88°58'38" East, 23.35 feet to the point of beginning and containing 4,479 square feet, more or less. hereby determines that it is desirable to vacate said properties. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 023-1025-1369 Tax Key Number 023-1025-1364 SECTION IV. The purpose of the vacation of the real property is to increase the developable area of property controlled by Gates and Gates Realty, LLC by vacating right of way that no longer serves a functional purpose as a result of the realignment and reconstruction of South Main Street (Formerly Lafayette Boulevard). This petition to vacate is being requested as indicated in the amendment of accepted counter-offer signed by the City of South Bend Board of Public Works on February 26, 2013 for the settlement of land acquisition required to construct the Main Street-Lafayette Boulevard Connector Project (City Project No. 110-058B). SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor Member o he Cmmon Council Attest: opporz,t,iie City Clerk 9911011 action oil u 3hisI*, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indi:na @d in Clpfk'S Office 1 st READING PUBLIC HEARING r>t,P 'I 3 Z015. 3 rd READING NOT APPROVED - JOHP, OCfiw' REFERRED :.i CITY CLERK,SSOUP SEND,IN PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE:5<$00-ply Si 2-0(S OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: THE STREET DESCRIBED AS: A LESS THAN FULL WIDTH PORTION OF SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD) THAT LIES ADJACENT TO PROPERTY OWNED BY GATES AND GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET (LAFAYETTE BOULEVARD). NAME (signed & printed) ADDRESS LOT# X ----a—A' 4418 SOUTH MAIN STREET, SOUTH BEND, IN 023-1025-1364 1.-a(11 A . GJQS CONTACT PERSON (5) NAME: LAWSON-FISHER ASSOCIATES P.C. AARON BLANK RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 525 WEST WASHINGTON AVENUE JOHN VOORDE, CITY CLERK SOUTH BEND, IN 46601 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-234-3167 Filed in C!Prk's Office S ,0. 15 2015 JOI ,.1VGC., C..- f CITY CLERY 'sOL r 'END,IN E RIGHT-OF-WAY TO BE VACATED SOUTH LAFAYETTE BOULEVARD LISTING OF PROPERTY OWNERS V MWRP South Bend Ltd. Gates and Gates Realty LLC Paul Andrew Hein 360 Corporate Circle 640 Ireland Road 4336 South Lafayette Boulevard Pepper Pike,Ohio 44124 South Bend, Indiana 46614 South Bend, Indiana 46613 Loren J. and Julie A. Roth Lock Joint Tube, Inc. Caroline Partners LLC 1526 Meadow Trail 515 West Ireland Road PO Box 4056 South Bend, Indiana 46614 South Bend,Indiana 46614 South Bend, Indiana 46614 V MWRP South Bend Ltd. Gates and Gates Realty LLC Paul Andrew Hein 360 Corporate Circle 640 Ireland Road 4336 South Lafayette Boulevard Pepper Pike, Ohio 44124 South Bend, Indiana 46614 South Bend, Indiana 46613 Loren J.and Julie A. Roth Lock Joint Tube, Inc. Caroline Partners LLC 1526 Meadow Trail 515 West Ireland Road PO Box 4056 South Bend, Indiana 46614 South Bend, Indiana 46614 South Bend, Indiana 46614 Filed in C`' ' .'s Office Sr? 15 2015 JOHr, a . .-� erry ct�EaacS,SCAM, .TEND, IN Lawson-Fisher Associates P.C. Project File No.201024.45 %SPUTA:�••. �O� �1111�I�1;/�/i O :- 1316 COUNTY-CITY BUILDING "v/a �� /.9 \I, PHONE 574/235-9251 227W.IEFFERSON BOULEVARD ?U `\ A FAx 574/235-9171 SOUTH BEND,INDIANA 46601-1830 O� On OF SOUTH BEND PETE BIJTTIGIEG,MAYOR BOARD OF PUBLIC WORKS July 28,2015 Mr. P. C. Kerr City of South Bend 227 W. Jefferson Blvd. South Bend,IN 46601 RE: Vacations: a) Ireland Rd., East Side of Main Street (formerly Lafayette alignment), North of Ireland Road relocation of the Roadway slightly West(No split with property on other side.) b) Old Main St. at Lafayette Blvd.(formerly Walter Street)along Wendy's Dear Mr. Kerr: The Board of Public Works, at its July 28, 2015, meeting, reviewed your request to vacate excess portions of the Right of Way left due to development and construction of Main-Lafayette Connector Alley. • The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for these vacations. Please contact Tony Molnar at(574)235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Filed Fitt °„l.sak's Office Linda M. Martin, Clerk (TO 15 2015 c: Federico Rodriguez, Fire Department it-tF+ vt.n. 7 CO Tony Molnar, Engineering CORK, s1Eh S`�2�T`r ;11,1N Janice Talboom, City Clerk's Office GARY A. GILOT DAVID P. RELOS KATHRYN E.Roos ELIZABETH A. MARADIE BRIAN J. PAWLOWSIG BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date July 16, 2015 Name Carl Littrell Department PW/ Engineering BPW Date July 28, 2015 Phone Extension 5937 ..vLgxY._ „y,$ E'vbisliy �J -o�_0_ 0 .'10 � 4 �5✓LJ:l.l�°i ,.2" Legal X Attorney Name Ben Daugherty Controller X Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing X . ._- ' .3^s z.z'i` . 11 rO•: 0 reo..la.,e 11 oe%i eof eel:ram ' 0Ali o"siftfl • Agreement • Contract • Proposal • Addendum ❑ Professional Services El Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ® Other: Vacation 77f l a 'x i ed Is 3 3" L', a'?z ` > ., ',t 'y, Company or Vendor Name New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBENVBE Contractor Requested ❑ No El Yes Name of Company Project Name Main/Lafayette Connector Project Number 110-058 Funding Source Account No. Amount Terms of Contract Purpose/Description ❑ Required Contractor's Certification Form Attached(Non- Collusion, Non-Discrimination, Non-Debarment, E-Ver' , Iran, etc. Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: New Amount $ Total Percent of Change: ..� ?'�.,. .McirXX�.�I;Aft=r0 47C'lF� -. Copy Original X ❑ ❑ ❑ ❑ ❑ "SpUTB @ \t4dr'�% O INTER—OFFICE MEMORANDUM ` �� LS% ,? DEPARTMENT OF PUBLIC WORKS •~ ' � / DIVISION OF ENGINEERING TO: Linda M. Martin, Clerk APPROVE!, Board of Public Works Board of Public Work. FROM: P. Corbitt Kerr, Ph.D., P.E. City Engineer JUL 2 ; 20 G k ,.p SUBJECT: Vacation of Portions of Right of Way Main/Lafayette Connector Project No. 110-058 + DATE: July 16, 2015 I request that the Board of Public Works provide the Common Council with a recommendation to approve vacation of two street segments that are now"excess" right of way due to the development and construction of the Main-Lafayette connector that has been complete for more than one year. It was necessary to obtain many real estate parcels to accomplish the goal of providing safe and efficient transportation through the South Main and South Lafayette corridors to enable enhancement of existing businesses and provide for new development. This project, the prior South Michigan and West Ireland improvements and the state's US 31 relocation have resulted in reinvestment on the south side. Erskine Commons was created knowing the corridor improvements to serve it would be coming. The other new Ireland Road businesses that have sprung up have recently been joined by a new retail building on South Michigan Street. More such developments are in the works. The Department of Community Investment lead the project on the City's behalf. Much of the planning and construction was funded through the Southside TIF. DCI's work began with a series of public meetings seeking input on the needs of the area. That was followed with a series of meetings with residents, property owners, and business operators on the corridor to determine the best way to not only build the project with least disturbance to their operations, but how to optimize the alignment of the project to enhance their access to the street network and the public's access to their businesses once the project was completed. The consulting engineer, Lawson-Fisher Associates, was involved in many of these meetings and provided alternative ways of accomplishing various features of the project. DCI and Engineering staff reviewed the proposals, sometimes refining ideas Memorandum to Linda M. Martin July 16, 2015 Page Two after further conversation with the corridor stakeholders. Once the basic alignment was approved by DCI and Engineering, the real estate appraising and buying team led by DLZ Indiana interfaced with the property owners helping them understand the project design, as it affected them, as well as the financial compensation for real estate transfer. Thus, several of the property owners were aware, going into the project that segments of existing Main Street and Lafayette Street would be "excess"when the project was completed and that they could petition to vacate them and combine them with their own adjacent properties. They are also aware that the vacations would be subject to easements for existing overhead and underground utilities. There are two such segments: At Ireland - On the east side of Main Street (former Lafayette alignment)just north of Ireland Road relocation of the roadway slightly west has left an excess adjacent to Caroline Partners property. Only a portion of right of way at that point is being vacated, so there is no split with a property owner on the other side. Old Main at Lafayette (formerly Walter Street)—the franchisee operating Wendy's Restaurant owns properties on the east side of Old Main, the City maintains ownership on the west side. Therefore, both the City and Wendy's of Fort Wayne become the beneficiary of their respective half width of Old Main Street. According to the approved acquisition offer from the City to Wendy's of Fort Wayne, once the petition to vacate is approved by ordinance, the City will divest of its "excess" property ownership by deeding it to Wendy's of Fort Wayne. A smaller part of that area is adjacent to a KFC restaurant property owned by WCMR Holdings, LLC. They become the beneficiary of the less than full width vacated segment adjacent to them. I recommend that the Board of Public Works recommend these petitions favorably to the Common Council, these being petitions for vacation of right of way segments leaving easements for existing utilities in place. Please call if there are questions. Filed in (7r-e-'€z Office rT5zot5 p1w cLErtt° SOUTh t END,IN I'0N3 '711313kila Metalmation-__ - - - JA1 — 7 16 2015 12:11 PM — U: 2010 201024_00 SBN S Main Conn Cod En. Ow• Plattin. Petition to Vacate—Exhibit Fi•ures.dw• 1 I 1I I I I hhk�,Y I A w l" " I 4.,, .I a �44. 3 o . t� I � L� t + V MWRP SOUTH Bab LTid` r > ' I 4' ti ^iv Wi , F r Si r '$157RE(AND P.o. c 'b. r Yh q rJ"d Al fx{ M v Y '61 i'im t<ry s }j,fi Mf 5 g A T SnR 4 4 I "14'.... M y _ �L )13 1 Y y � ;� '. 4?UW y�9✓.del o 9 '��.. 191' 4 W �4 mMJ` 4.+.,i.;�..vr...•�..+,...... .mow. '+•N'}� r t t,� �i c.141.. x *� � y I 1 $ I� •S31]E+ 1"—•*4 x I ' �1 y, y 4i I u ' k , t 4.gy ' ' 4'.L qy' I" ,t. 2 m raF b � i y i k � I' 'I t•TdSA P1 FEALTY L•tF 'SY d r ryt,,t r, J t I1 1� (7119 ' � . 7 ''f y ° ,ti y 1 I Y y- , RIGHT-OF-WAY TO BE VACATED FOR ` V j 1,B > j� i, • i E";` BENEFIT OF CA TES AND GATES REALLY, LLC a ;,, �i '$ 1 � DRAWN a A' "' a C71 SOUTH $E SOUTH BEND : au PROJECT NUMBER L FAlflf 1 I _ ND, INDIANA 31x1 201024.00 LAWSON-FISHER ASSOCIATES P.C. sc' SHEETS 525 W. WASHINGTON AVENUE a) PETITION TO VACATE RIGHT—OF—WAY SOUTH BEND, INDIANA 46601 '------ EXHIBIT 1 ■ 1 m 1 PH. (5741 234-3167 (3 (I 1 /0 0 (c)2_--1 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A FULL WIDTH PORTION OF OLD SOUTH MAIN STREET (FORMERLY SOUTH MAIN STREET) THAT LIES BETWEEN LAFAYETTE BOULEVARD AND SOUTH MAIN STREET, ADJACENT TO PROPERTY OWNED BY CITY OF SOUTH BEND, BOARD OF PUBLIC WORKS, LOCATED AT 4201-4219 SOUTH MAIN STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A portion of the right-of-way of Old South Main Street(formerly South Main Street), as depicted on Myers & Funk's Third Chippewa Heights Addition to South Bend, recorded in Plat Book 10, Page 176 in the Office of Recorder of St. Joseph County, Indiana, being more particularly described as follows: Commencing at a point on the east right-of-way line of Old South Main Street, said point also being the southwest corner of Lot 85A of Myers and Funk's Third Chippewa Heights First Replat, recorded as Document Number 0229039 in the Office of Recorder of St. Joseph County, Indiana; thence North 03° 28 `02" East, along the east right-of-way line, 5.01 feet to a point on the east right-of-way line that lies 30.00 feet north of the design alignment for Lafayette Boulevard (Line `E') as shown in City of South Bend Project Number 110-058B construction plans and established by Location Control Route Survey Plat recorded as document number 1134039 in the Office of Recorder of St. Joseph County, Indiana; thence South 89 °04'04"West, along a 30 foot offset of Line `E', 55.80 feet; thence Northwesterly 4.37 feet along a 30 foot offset of Line `E' being a tangent curve to the right having a radius of 120.00 feet and subtended by a long chord having a bearing North 89°53'19"West and a length of 4.37 feet; thence North 03°28'02"East, 166.30 feet to a point that lies at a 40 foot offset of South Main Street (Line `D') as shown in City of South Bend Project Number 110-058B construction plans and established by Location Control Route Survey Plat recorded as document number 1134039 in the Office of Recorder of St. Joseph County, Indiana; thence Northeasterly 188.85 feet along a non- tangent curve to the left having a radius of 640.00 feet and subtended by a long chord having a bearing of North 22° 03' 44" East and a length of 188.16 feet to a point on the east right-of-way of South Main Street; thence South 03°28'02" West, 340.11 feet to the point of beginning and containing 14,322 square feet,more or less. hereby determines that it is desirable to vacate said properties. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 023-1025-1389 Tax Key Number 023-1025-1384 Tax Key Number 023-1025-1427 Tax Key Number 023-1025-1428 Tax Key Number 023-1025-1429 Tax Key Number 023-1025-1430 SECTION IV. The purpose of the vacation of the real property is: The right-of-way area under petition to vacate has had the existing roadway improvements removed and a private drive entrance constructed across the former road corridor to connect the relocated South Main Street with Wendy's existing entrance. Vacation will make property currently owned by Wendy's of Fort Wayne,property currently owned by the city of South Bend board of public works, and the Portion of South Main Street currently petitioning to be vacated, into a single-ownership property that can be replatted into a contiguous parcel. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ..----Cr. :::) Member of the Common Council Attest StS9 of tV3 ba iB Onty 1° s an o� for Fitt �d City Clerk Council doncn ' ilea Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed in Cfr k's Office cv-Zs-L Y 1st READ`: . C`"7 15 2615 PUBLIC HEARING 3rd READING JUN NOT APPROVES CITY CLERIC, i.i r''1 WEND,IN REFERRED _ PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: SA/AC OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: THE STREET DESCRIBED AS: A FULL WIDTH PORTION OF OLD SOUTH MAIN STREET (FORMERLY SOUTH MAIN STREET) THAT LIES BETWEEN LAFAYETTE BOULEVARD AND SOUTH MAIN STREET, ADJACENT TO PROPERTY OWNED BY CITY OF SOUTH BEND, BOARD OF PUBLIC WORKS, LOCATED AT 4201-4219 SOUTH MAIN STREET. NAME (signed & printed) q ADDRESS LOT # 1� e In 4- /.1- 4201, 4209, 4215, 4219 SOUTH MAIN STREET 023-1025 -1427, -1428 Pk G 45 k 6j I " SOUTH BEND, IN -1429, -1430 CONTACT PERSON (S) NAME: LAWSON-FISHER ASSOCIATES P.C. AARON BLANK RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 525 WEST WASHINGTON AVENUE JOHN VOORDE, CITY CLERK SOUTH BEND, IN 46601 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-234-3167 RIGHT-OF-WAY TO BE VACATED SOUTH MAIN STREET LISTING OF PROPERTY OWNERS City of South Bend GAA Investments LLC Ric A. and Janet A. DeBuysser 1200 County City Building 3400 East Coliseum Blvd., Ste. 100 22800 West Ireland Road South Bend, Indiana 46601 Fort Wayne, Indiana 46805 South Bend, Indiana 46614 City of South Bend Mr.Ray Kuykendall WMCR Holding Company LLC Board of Public Works Wendy's of Fort Wayne, Inc. 1035 West Washington Avenue A 227 West Jefferson Blvd.,Ste. 1300N 20 North Union Street Alpena, Michigan 49707 South Bend, Indiana 46601 Rochester,New York 14607 David L. Bolinger C-B Realty LLP CBI Buildings LLC 4121 South Main Street 5233 Coldwater Road 120 West Lexington Avenue South Bend,Indiana 46614 Fort Wayne,Indiana 46825 Elkhart, Indiana 46516 Carl M. Kay Gates and Gates Realty LLC Caroline Partners LLC P.O. Box 2405 640 West Ireland Road Attn: Bill Murray South Bend,Indiana 46680 South Bend,Indiana 46614 P.O. Box 4056 South Bend,Indiana 46634 City of South Bend GAA Investments LLC Ric A. and Janet A. DeBuysser 1200 County City Building 3400 East Coliseum Blvd., Ste. 100 22800 West Ireland Road South Bend,Indiana 46601 Fort Wayne, Indiana 46805 South Bend, Indiana 46614 City of South Bend Mr. Ray Kuykendall WMCR Holding Company LLC Board of Public Works Wendy's of Fort Wayne, Inc. 1035 West Washington Avenue A 227 West Jefferson Blvd.,Ste. 1300N 20 North Union Street Alpena,Michigan 49707 South Bend, Indiana 46601 Rochester,New York 14607 David L. Bolinger C-B Realty LLP CBI Buildings LLC 4121 South Main Street 5233 Coldwater Road 120 West Lexington Avenue South Bend, Indiana 46614 Fort Wayne, Indiana 46825 Elkhart,Indiana 46516 Carl M. Kay Gates and Gates Realty LLC Caroline Partners LLC P.O. Box 2405 640 West Ireland Road Attn: Bill Murray South Bend,Indiana 46680 South Bend, Indiana 46614 P.O. Box 4056 South Bend, Indiana 46634 Lawson-Fisher Associates P.C. Project File No.201024.45 ..4oUTH 1316 COUNTY-CITY BUILDING :/ ■ �� ,;„ ,/i 'fit.`. PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD =U\\\ I d s FAx 574/235-9171 SOUTH BEND,INDIANA 46601-1830 • 'F.....1865 Ri•. CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS July 28,2015 Mr. P. C. Kerr City of South Bend 227 W. Jefferson Blvd. South Bend,IN 46601 RE: Vacations: a) Ireland Rd., East Side of Main Street (formerly Lafayette alignment), North of Ireland Road relocation of the Roadway slightly West(No split with property on other side.) b) Old Main St. at Lafayette Blvd.(formerly Walter Street)along Wendy's Dear Mr. Kerr: The Board of Public Works, at its July 28, 2015, meeting, reviewed your request to vacate excess portions of the Right of Way left due to development and construction of Main-Lafayette Connector Alley. The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for these vacations. Please contact Tony Molnar at(574)235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, t�. 7(0. 4-- Linda M. Martin,Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office GARY A. GILOT DAVID P. RELOS KATHRYN E. Roos ELIZABETH A. MARADIIC BRIAN J. PAWLOWSKI BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date July 16, 2015 Name Carl Littrell Department PW/Engineering BPW Date July 28, 2015 Phone Extension 5937 i., .: ,._xt,��a°.�T:v � `Y+ yw:...._�'..'",r R[eo ,°a;,�0�'76titt '- U o."{°a: o51:T_'a�.��«�� r Legal X Attorney Name Ben Daugherty Controller X Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing X ` raai Atn rla L l i. nts ° t . ❑ Agreement Contract • Proposal ❑Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑Traffic Control ® Other: Vacation Company or Vendor Name New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Main/Lafayette Connector Project Number 110-058 Funding Source Account No. Amount Terms of Contract Purpose/Description ❑ Required Contractor's Certification Form Attached (Non- Collusion, Non-Discrimination, Non Debarment E-Ver Iran, etc. :�: Y � _ _r 3•". C' ih —�! .:.'i°A'�.sl� `3�'=1TJ �LL" .lil4;L :'- _ _t_._ �'t;''�V Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: New Amount $ Total Percent of Change: er_ : uT 3.. . 3 _ X °er A r Copy Original X ❑ ❑ ❑ ❑ ❑ •:'soars"•,...= o ,>;t4ili;i�� o<=._ INTER-OFFICE MEMORANDUM x/4,1` DEPARTMENT OF PUBLIC WORKS r�` •: ' DIVISION OF ENGINEERING TO: Linda M. Martin, Clerk APPROVEL. Board of Public Works Board of Public t,Work: FROM: P. Corbitt Kerr, Ph.D., P.E. JUL 2 ; Zi ;b4 City Engineer $ SUBJECT: Vacation of Portions of Right of Way r Main/Lafayette Connector 'tell/ Project No 110-058 DATE: July 16, 2015 I request that the Board of Public Works provide the Common Council with a recommendation to approve vacation of two street segments that are now"excess" right of way due to the development and construction of the Main-Lafayette connector that has been complete for more than one year. It was necessary to obtain many real estate parcels to accomplish the goal of providing safe and efficient transportation through the South Main and South Lafayette corridors to enable enhancement of existing businesses and provide for new development. This project, the prior South Michigan and West Ireland improvements and the state's US 31 relocation have resulted in reinvestment on the south side. Erskine Commons was created knowing the corridor improvements to serve it would be coming. The other new Ireland Road businesses that have sprung up have recently been joined by a new retail building on South Michigan Street. More such developments are in the works. The Department of Community Investment lead the project on the City's behalf. Much of the planning and construction was funded through the Southside TIF. DCI's work began with a series of public meetings seeking input on the needs of the area. That was followed with a series of meetings with residents, property owners, and business operators on the corridor to determine the best way to not only build the project with least disturbance to their operations, but how to optimize the alignment of the project to enhance their access to the street network and the public's access to their businesses once the project was completed. The consulting engineer, Lawson-Fisher Associates, was involved in many of these meetings and provided alternative ways of accomplishing various features of the project. DCI and Engineering staff reviewed the proposals, sometimes refining ideas • Memorandum to Linda M. Martin July 16, 2015 Page Two after further conversation with the corridor stakeholders. Once the basic alignment was approved by DCI and Engineering, the real estate appraising and buying team led by DLZ Indiana interfaced with the property owners helping them understand the project design, as it affected them, as well as the financial compensation for real estate transfer. Thus, several of the property owners were aware, going into the project that segments of existing Main Street and Lafayette Street would be "excess"when the project was completed and that they could petition to vacate them and combine them with their own adjacent properties. They are also aware that the vacations would be subject to easements for existing overhead and underground utilities. There are two such segments: At Ireland - On the east side of Main Street(former Lafayette alignment)just north of Ireland Road relocation of the roadway slightly west has left an excess adjacent to Caroline Partners property. Only a portion of right of way at that point is being vacated, so there is no split with a property owner on the other side. Old Main at Lafayette (formerly Walter Street)—the franchisee operating Wendy's Restaurant owns properties on the east side of Old Main, the City maintains ownership on the west side. Therefore, both the City and Wendy's of Fort Wayne become the beneficiary of their respective half width of Old Main Street. According to the approved acquisition offer from the City to Wendy's of Fort Wayne, once the petition to vacate is approved by ordinance, the City will divest of its "excess" property ownership by deeding it to Wendy's of Fort Wayne. A smaller part of that area is adjacent to a KFC restaurant property owned by WCMR Holdings, LLC. They become the beneficiary of the less than full width vacated segment adjacent to them. I recommend that the Board of Public Works recommend these petitions favorably to the Common Council, these being petitions for vacation of right of way segments leaving easements for existing utilities in place. Please call if there are questions. JAl — 7/16/2015 12:12 PM — U:\2010\201024_00 SBN S Main Conn\Cad\Eng Dwg\Platting\Petition to Vacate—Exhibit Figurea.dwg r L p / ( ,"1.'14'r p' �i 7r d r 1{ IF �u1 51";fAr ^�1 ¢ i (', I %!nac.M &$` a l' i 'm ac d }y C1°r d q '' r Y H L '4 Lli 1 ti k'''''''� 4,y� �� RIGHT OF WAACATED�! �1 r �a r/%//�/ BENEFIT OF WMNC COMPANY LLC iC r a �� Sg p� R�. I',, - ¢�` ° "' i'fn4 ti `4„ r�`¢c's 'Aj ,�,fit 1i / t? \\\ ATlN9/kL Y �'` ,•r 'i^hh ,kii 7k,�as ' .i ' ' RIGHT—OF—WAY TO BE VACATED FOR ' � I .44 r q r"'�Ij l'slit'1 ‘,1,''''''' \ BENEFIT OF W TO BE OF FORT WAYNE lNC L, oIA 157 r;. �''4 C".' >Aa�°y.�§J n pt ' �}L t k � j ° `�'�yy;Gaia 4ri ac v_ �Y RIGHT—OF—WAY TO Bf UTH BO FOR I � `4¢ >7 P'}nJw��•}}'t. it.{ �� EY'+` 1 BENEFIT C WORKS OF SOUTH BEND BOARD E M 2.,„„,,.,; �, ry }, %@°;17'1 °"j,i�{ '� " OF PUBLIC OR ti ti / 7 �1�¢ - t � y g� l4 1(�'�y!^. A �� ti A.",`,.,;,',"","/',1/ ✓a t,,. \� ,4ly 4ISFi� 1,} ,,ti '�}s I 'xyv. 1 / x* w'..°,iy_'"�1 'el '.� 4 }( � /HE, "", " <T J ' ¢ t c r. 3/ 5 x�ry r y9Py Fs• ,tt 1/ � s l 7riT r. l� I '�- gT{T;i•.:. vti a i" 'd( . •iJr ie r 7 I�1- 1 f Kv • L ,l lil l II III E rl ii np91' If. <F _ + 'Al' t I tl l i 1� IJ ilrll I. I"I f�l lI �N4 rl p r y1 I I II i t I h$ � o,y I. . , I I.�'I 1 I if !4 /I I II li tI API I /101� / �. I ll, u I I � �Pir , I � � lug d", r� ills f I v �, `.. 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[ fit .''',1:' { x tY > pW}" ..ic 11' txi . ra t d°"yrs w c�' 1,r'r I 1 "tntt� I. fL "E£/1 vNb iw�•' w+t'a it ) ¢� e ` ,. ¢ /+ I., -5 � �Y Y� /1 'il.Lr" F'q av$Ti v.+y1 " i I � e 'CP.; Y I ti �. a K 11 d a fin¢ ik L F'AWAWA CITY OF SOUTH BEND DRAWN PROJECT NUMBER I SOUTH BEND, INDIANA CHI: AWa 201024.00 LAWSON-FISHER ASSOCIATES P.C. DATE.m/is 525 W. WASHINGTON AVENUE PETITION TO VACATE RIGHT—OF—WAY SHEETS 90UTPPH.(574) 234.31676601 EXHIBIT 1 IoEI 1 6 ,11 A L3 -{r- Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING IN ITS ENTIRETY ARTICLE 7 ENTITLED NOISE CONTROL OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE AND AMENDING SECTION 2-213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOALTIONS STATEMENT OF PURPOSE AND INTENT On August 23, 1982, the South Bend Common Council passed Ordinance No. 7087-82 which created a new Article 7 in Chapter 13 of the South Bend Municipal Code entitled"Noise Control". At that time,those regulations reflected the best practices and policies to control excessive noises. Such regulations were recommended by the Indiana Association of Cities and Towns, the League of California Cities' Committee on Model Noise Control, and they incorporated several successful noise abatement procedures implemented throughout the country. The regulations also reflected recommendations from the Noise Control Seminar held in Indianapolis that year. The 1982 regulations addressed excessive stationery noises based on measuring sound pressure levels based on decibel readings. They established maximum broadband sound levels for residential, commercial and industrial properties. That 1982 ordinance complimented the passage of Ordinance No. 6938-81 which regulated excessive noises from motor vehicles. This ordinance would repeal the 1982 ordinance in its entirety, which is currently codified into the South Bend Municipal Code as Sections 13-79 through 13-84. The City of South Bend instead will continue to enforce the noise regulations codified in South Bend Municipal Code Section 13- 57 entitled "Unreasonable Noise", which are believed to be more effective to implement and enforce. Such regulations are consistent with the authority given to governmental units to "regulate the introduction of any substance or odor into the air, or any generation of sound" in Indiana Code §36-8-2-8. Such regulations are also consistent with Indiana Attorney General Opinion �jNo. . 85-18 (1985). o , c rr, ✓ a-k ned/ty// p nrnlo eueet1de U IO ye/9ou// lana, n/&W4 /�P Section I. Chapter 13, Article 7 entitled Noise Control Sections 13-79 through 13-84 of the South Bend Municipal Code is repealed in its entirety and reserved for future use. Section II. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is amended in part as follows by the deletion of the following language from the chart: 13 82 Stationary noises 50.00 Ordinance Repealing South Bend Municipal Code§13-79 through§13-84 Page 2 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. Section III. If any part, subsection, section,paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. & Derek D. Dieter, Council Member at Large Health and Public Safety Committee Chairperson South Bend Common Council gite- Office of the City Clerk P/i rirh(/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 i)-Deed nrrddyrred by me on the_day of , 2015, at o'clock .m. Pete Buttigieg, Mayor _ City of South Bend, Indian Filed in C!??1'k's office 5r REAG:ivG °- —1.5—/ 22 2415 PUBLIC HEARNG 3rd READING NOT APPROVED REFERRED CITY CLERK,SOUTH tFF:D,IN PASSED r., The South Bend Common Council Council Member at Large Derek D.Dieter 227 West Jefferson Boulevard,Room 441 Downtown South Bend,Indiana 46601 574.235.5982 September 21, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Repealing Outdated 1982 Noise Ordinance Dear Council Members: I am filing the attached ordinance which would repeal an outdated noise ordinance, which is still on the books today. Although this 1982 ordinance may have reflected "best practices"back then, today, requiring the use of a decibel reader which may not always be properly calibrated, is not the most efficient way to attack unwanted and unreasonable noises. As you are well aware, when I served on the South Bend Police Department, I routinely issued citations where noise was"plainly audible at a distance of fifty(50)feet"from a building or vehicle and which "unreasonably disturbed the peace and quiet" of the neighborhood. This is a common sense approach, which is easily enforceable and reasonably understandable by the public. I am therefore recommending that only the "unreasonable noise" regulations codified in Section 13-57 of the City Code remain on the books, along with its penalty provisions set forth in Section 13-57.05 which call for fines of$100 for the Ist violation, $250 for the 2nd violation, and$500 for each violation thereafter. In this way,no one from the City Administration may contend that they were confused as to what section of the City Code should be enforced. Our residents deserve to be free of unreasonably load, raucous, or prolonged noises which disturb and the peace and quiet of a person's neighborhood. As noted in the attached 1-page summary from the Environmental Protection Agency(EPA),the"primary responsibility for control of noise rests with State and local governments..."; as well as the City's authority to regulate "any generation of sound" per Indiana Code §36-8-2-8. I ask you to join me in getting back to the basics by supporting this ordinance. Thank you. Sincerely, W Derek D. Dieter, Council Member at Large Health and Public Safety Committee Chairperson Filed in Cleile's Office ttachments CC7 4.€ ZOt5 wa JOHN V- vo's CITY CLERK,Sou ^i+AND,IN Last updated on Jane 1,2015 easEpA ahiadawN E rtynul P OkC60. Poesy Laws & Regulations Summary of the Noise Control Act Quick Links • PDF of the Noise Control Act, from U.S. General Services Administration (GSA) (21 pp, 890K,About PDF) • The official text of the Noise Control Act is available in the United States Code on FDSys, from the U.S. Government Printing Office. 42 U.S.C. §4901 et seq. (1972) Inadequately controlled noise presents a growing danger to the health and welfare of the Nation's population,particularly in urban areas. The major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce. The Noise Control Act of 1972 establishes a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare. The Act also serves to (1) establish a means for effective coordination of Federal research and activities in noise control; (2) authorize the establishment of Federal noise emission standards for products distributed in commerce; and (3) provide information to the public respecting the noise emission and noise reduction characteristics of such products. While primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce, control of which require national uniformity of treatment. EPA is directed by Congress to coordinate the programs of all Federal agencies relating to noise research and noise control. History of this Act • EPA History: Noise Control Act More Information • Air and Radiation: Noise Pollution http://www2.epa.gov/laws-regulations/summary-noise-control-act 9/22/2015 (` t fie . cc-N-1 ,r Ordinance No. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING CHAPTER 21,ARTICLE 6, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT OF THE SOUTH BEND MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 21,ARTICLE 6, SECTION 21-06.03 ENTITLED NORTHEAST NEIGHBORHOOD ZONING OVERLAY DISTRICT. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect in May 2004. A subsequent amendment in 2011 established the Northeast Neighborhood Development Area(NNDA) Overlay Zoning District. On November 10, 2014 the Redevelopment Commission adopted Resolution #3255 modifying and confirming a declaratory resolution and amendment to the Development Plan for the Northeast Neighborhood Development Area. Resolution#3255 expanded the NNDA by incorporating adjacent Development Areas, creating the River East Development Area. Section 21-06.03 was only intended to address the original boundaries of the NNDA. In addition, practical applications in the construction of new homes in the NNDA on existing and replated lots has required the need to clarify and update a number of development standards and definitions so as to meet current terminology and lessen confusion. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District is hereby repealed in its entirety and replaced with a new Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Overlay Zoning District, as follows: Sec. 21-06.03 Northeast Neighborhood Overlay Zoning District Notwithstanding any provision elsewhere in the South Bend Zoning Ordinance ("hereafter referred to as "SBZO") to the contrary, all new development within the Northeast Neighborhood Zoning Overlay District ("hereafter referred to as "NNZO") shall be subject to the following regulations. In the case of conflict between the provisions of this NNZO and other provisions of the SBZO, the provisions of this NNZO shall control. (a) Intent. It is the intent of this NNZO to codify a number of the recommendations of the Northeast Neighborhood Design Guidelines (Edition—Revised: August 2009) which are most relevant and applicable to new development in the NNZO. By codifying a number of the recommendations of the Northeast Neighborhood Design Guidelines, the NNZO accomplishes the following purposes: (1) To establish a comprehensive design approach for the NNZO; (2) To encourage high-quality design of future buildings and site development that preserves and enhances the character of a traditional neighborhood; (3) To create a strong, unique neighborhood identity image; (4) To provide a range of design options to address future development opportunities; and, (5) To instill and enforce the sense of"pride of place" among residents,businesses, and property owners. (b) Applicability (1) New Development—The regulations contained in this NNZO shall be applicable to all new construction on real property located within the area designated as the Northeast Neighborhood Zoning Overlay District on the Zoning District Map for the City of South Bend. In order to assure the compatibility of new development within the NNZO area with that of the surrounding community, any new building, structure or sign within the NNZO after the effective date of the NNZO shall be subject to the regulations contained in this NNZO. Renovations or expansions of existing buildings, structures, or signs are not subject to the regulations of this NNZO but shall be subject to all applicable regulations of the underlying zoning district. (2) Land Use—The land use permitted on any individual lot with this NNZO shall be determined by the underlying zoning district. (3) Development Standards—The determination of which of the development standards and regulations of this NNZO shall be applicable to a particular lot, project or development shall be determined by the proposed use of the real property, not by the underlying zoning district. (4) Special Exception Uses—For those uses which must be reviewed by the Board of Zoning Appeals and approved by the Common Council through a Special Exception Use in accordance with the underlying zoning, the applicable regulations of this NNZO shall be determined by the Board of Zoning Appeals and the Common Council as part of their determination of the appropriateness of the use. (5) Planned Unit Development—As part of an application for a Planned Unit Development, the applicant may propose alternative development standards that do not adhere to the standards of the NNZO. If approved by the Common Council, these alternative development standards will control the development of the site. In the event that no alternative development standards are proposed, then the standards contained within this NNZO will govern. (c) Definitions. In addition to the definitions contained in Article 11, Section 21-11 Definitions,the following definitions apply in this NNZO. (1) American Foursquare Style—An American house style popular in the mid-1890s to the late 1930s that incorporates elements of the Prairie and Craftsman styles. Hallmarks of the style include a basically square,boxy shape, two-and-one-half stories high, large front porch, and commonly a hipped roof, as referenced by the accompanying graphic. rug BEC, ti Ai = 11111 101 El n Lj l (2) Arcade—A line of arches supported by columns or piers attached to a solid wall creating a passageway(i.e. Covered access to adjacent shops). (3) Architectural Style—Classification used to characterize the wide variety/range of features, such as appearance, form, and materials that make a building or other structure notable and historically identifiable (e.g. Some of the more identifiable architectural styles of the Northeast Neighborhood include American Foursquare, Colonial Revival, Craftsman, Prairie, and Tudor). (4) Articulation - The relationship of contacting surfaces to create a series of plane changes in order to avoid a flat appearance. (5) Atrium - An opening connecting two or more stories other than enclosed stairways, elevators,hoistways, escalators, plumbing,electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. (6) Bay- One unit of a building that consists of regularly repeated spatial elements making a vertical division in a structure, commonly defined by the number of window and door openings per floor or by the space between columns and/or piers. (7) Belt Course - A narrow, horizontal band projecting from the exterior walls of a building, usually defining the interior floor levels. (8) Brace- A diagonal stabilizing member of a building frame. (9) Bracket - A support element under eaves, shelves or other overhangs; often more decorative than functional. (10) Building Mass—The relationship between height, width and depth of a building or structure (e.g. House massing may consist of a Primary House Form, front Porch/Portico or Entry Form, Secondary Additive Form and a Garage), as referenced by the accompanying graphic. yyT 1 _:. ht-, _ ii - _ I _h; ran- 1 ;- _ I RAGE` `\ FORM SECONDARY PRIMARY ADDITIVE FORM PORCH OR HOUSE FORM ENTRY FORM (11) Building Scale - The relationship of a particular building, in terms of building mass,to other nearby and adjacent buildings. (12) Cantilever- A projecting beam or part of a structure fixed at one end,projecting beyond its vertical support. (13) Casement Window- A window with sash hung vertically and swinging inward or outward. (14) Colonial Revival Style—A nationalistic design movement in the United States in the late 19`h century—mid 20th century that sought to revive elements and features of architectural style borrowed from earlier British colonial period houses of the early 19th century. Identifying features include a facade with normally symmetrically balanced windows and accentuated front door, often centered as referenced by the accompanying graphic. ii aI 'H 1-0- PI lJ 1 I 1 ( ICI lEi tin 13, 11100111' u0pl (15) Cornice - Projecting ornamental molding along the top of a building or wall. (16) Craftsman Style-A style derived from the British Arts &Crafts movement from the late 19th century. It originated in southern California and was the dominant style for smaller houses (e.g. Bungalow) built throughout the United States until the early 1920s, as referenced by the accompanying graphic. 11J gII II II I1 III IN III 11 'I I 1 M I r III 1 i : lnu 1 'Inl III 1 -- _1 OW it s- ti (17) Cupola-A dome shaped roof on a circular base, often set on the ridge of a roof. (18) Decorative Fence—A fence made of metal or wood with open areas representing not less than 70% of the fence area. Chain link, barbed wire or similar style fences shall not be considered decorative. (19) Decorative Exterior Wall—A wall made of stone, brick, split-face concrete block, or other decorative unit masonry material. Plain concrete block shall not be considered decorative. (20) Dormer- A vertically set window on a sloping roof; the roofed structure housing such a window. (21) Eaves - The projecting overhang at the lower edge of a roof. (22) Egress -An exit. (23) Facade—External face of a building. (24) Flat Roof-A roof that has no perceptible pitch or slope. (25) Fenestration - The arrangement, proportioning and design of windows and doors in an exterior wall of a building. (26) Gable- A triangular exterior wall segment immediately under a double pitched roof(e.g. gabled roof), as referenced by the accompanying graphic. Ai i Cif (27) Gambrel Roof- A symmetrical ridged roof with two slopes on each side, the upper slope is at a shallow angle and the lower slope the steeper pitch, as referenced by the accompanying graphic. il fi (28) Hipped Roof-A roof with four uniformly pitched sides,without gables, as referenced by the accompanying graphic. ih „I. r., j (29) Ingress -An access or entry point. (30) Lintels -A beam supporting the weight above a door or window opening. (31) Mansard Roof- A roof that has two slopes on all four sides, the lower slope being much steeper, as referenced by the accompanying graphic. - , 1 ■ (32) Masonry-Wall construction of cut, shaped or molded units such as stone,brick, concrete, adobe, etc. (33) Modem Style—An overarching architectural movement that gained global popularity at the turn of the 20th century that was primarily driven by technological and engineering developments. Common characteristics include simplicity and clarity of forms and elimination of"unnecessary detail", materials at 90 degrees to each other, visual expression of structure, use of industrially- produced materials and a visual emphasis on horizontal and vertical lines, as referenced by the accompanying graphic. 1.. 1 )71 — _ ELI I CSC' "=ti r---- F 77 t 1 L II 1 1- fir'--L (34) Molding- A type of trim that is applied to a vertical surface. (35) Mullion - A vertical member separating, and often supporting, windows, doors or panels set in a series. (36) Parapet - A low, solid,protective wall or railing along the edge of a roof or balcony. (37) Pavers - Preformed paving blocks that are installed on the ground to form patterns while at the same time facilitate pedestrian and vehicular travel. (38) Plaza-An open space that may be improved and landscaped, usually surrounded by streets and buildings. (39) Porch—Roofed structure attached to the front, side or back exterior of the building, used to shelter at a building entrance and occupy(e.g. Seasonal living space), as referenced by the accompanying graphic. Ill i 111 Illt [to pn ;aJW i • ' --_- (40) Portico- Roofed porch-like structure, often open along the front side, but may be enclosed and connected to the Primary Building Frontage at the primary building entrance, often supported by columns; used to shelter at an entrance and is not occupied (e.g. Covered passage), as referenced by the accompanying graphic. As.,------ iii 1 Z [ii Et 1 ;__lI- --_L_____ -1 _ (41) Primary Building Frontage—The side of a building facing the primary street located on side-by-side lots, corner lots and double frontage lots,which contains the primary building entrance. (42) Prairie Style—An American house style of the late 19`h and early 20th century that is usually marked by horizontal lines, hipped roofs with widely overhanging eaves, windows grouped in horizontal band, with design aesthetics of the British Arts and Crafts movement (e.g. Architect Frank Lloyd Wright, a proponent of the style, emphasized the horizontal lines responding to the flatness of the Midwestern prairie), as referenced by the accompanying graphic. `i m,; r t A, 4 ;, c1iJlII 111 o I F' LIr^ (43) Primary House Form - The largest mass of a house (e.g. Secondary House Form is a smaller mass and subordinate to it). See "Building Mass" definition. (44) Secondary House Form - The smaller mass of a house that is subordinate to the Primary House Form (e.g. largest mass). See "Building Mass"definition. (45) Secondary Building Frontage—The side of a building on a corner lot facing the secondary street, which does not contain the primary building entrance. (46) Setback - The horizontal distance measured between a building wall and its property lot lines (e.g. Front yard, rear yard and side yard). (47) Sill - The lowest horizontal member at the inner structure of a wood-framed wall, normally resting on and anchored to a foundation wall. (48) Spindle- A turned wooden element, often used in screens, stair railings and porch trim. (49) Steeply-sloped - Having a pitch of 10/12 or greater for a minimum horizontal distance of thirty-six inches (36"). (50) Street: Primary—The street on which the parcel's front lot line abuts and address is platted. (51) Street: Secondary—The street that intersects with the Primary Street on which the parcel's side lot line abuts (e.g. Corner lot). (52) Streetwall - The continuation of building façades along a Primary Street. (53) Step back- An architectural element in which the upper stories of a tall building are stepped back from the lower stories. (54) Transom -A crosspiece separating a doorway from a window or fanlight above it. (55) Tudor Style- A transitional style of English architecture that was prominent from 1890 to 1940 in America. Homes were built using late Medieval and early Renaissance styles characterized by steep cross-gabled roofs, often punctuated by small dormers, tall, narrow, casement windows in multiple groups, half-timbering, and massive decorative chimneys, as referenced by the accompanying graphic. h NI/11. lir VW! ! I �-- ri .1 I [ (56) Turret- A small, slender tower usually at the corner of a building, often containing a circular stair. (57) Uplight- A decorative light fixture used to accent architectural elements or landscaping. (58) Vault-An arched ceiling of masonry. (59) Veranda-A roofed open gallery or porch. (d) Single Family and Two-Family Residential All new single family and two-family residential construction shall comply with the following regulations: (1) Single Family and Two-Family Residential Building Massing (A) Angular or curved building massing is prohibited. (B) Building heights shall not be less than one (1) story or fifteen feet (15') and shall not exceed two-and-a-half(2 '/2) stories or thirty-five feet (35'). (C) Front entry door(s) shall be located on the Primary Building Frontage and shall face the Primary Street. (D) A Front Porch or Portico is required and shall be attached to the Primary Building Frontage. A Porch shall have a minimum depth of six feet (6') and cover a minimum of fifty percent(50%) of the Primary House Form. A Portico shall have a minimum depth of four feet (4')and cover a minimum of thirty percent (30%) of the Primary House Form, as referenced in the accompanying graphic. I 1 -, ,mil ®I ?"F I 11� 1 �; � i� R L Hi �' I 50% I I 230% I I. PORCH PORTICO (2) Single Family and Two-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard,mock mansard, flat and barrel roofs are prohibited. Flat roof forms may only be used on the house's Entry Form (e.g. Porch or Portico) and Secondary Additive Form. (C) Eaves shall have a maximum overhang of three feet(3'). (3) Single Family and Two-Family Residential Building Design and Materials (A) Façades (i) Buildings shall have identifiable architectural styles that incorporate elements and details that remain consistent with that style. (ii) Unarticulated, Modem Style building facades are prohibited. (iii) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (iv) Building designs that orient front doors so that they are not visible from the primary street are prohibited. (v) The Primary Building Form's front façade's porch/portico, entry door, windows, roof shape and building massing, shall be the dominant character defining elements of the architectural style. (B) Fenestration (x) Buildings shall provide fenestration on façades facing primary and secondary streets. Exposed, blank walls are prohibited. (xi) Door and window shapes shall be primarily rectangular(oriented vertically), or square. Horizontally oriented windows with vertical divisions may be used when consistent with the house's architectural style and character. (xii) Round, hexagon, and octagonal shaped windows shall only be allowed as accents. (xiii) The front door entrance on the front façade of the house shall define, and remain consistent with, the building's architectural style and character. (xiv) Doors and windows shall be made of painted metal,wood, fiberglass or vinyl. Dark or reflective glass is prohibited. (xv) Mill finish (non-colored) aluminum door and window frames are prohibited. (xvi) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood, metal, fiberglass or vinyl. (xvii) Solid metal security gates, metal roll-down windows, and link/grill security devices are prohibited in all residential windows and doorways. (C) Materials (i) "Jumbo," or other commercial-grade/scale products such as bricks, cinder/concrete block, unfinished metal, plywood, unfinished pre- cast or poured-in-place concrete are prohibited on any residential building facades. (ii) Roofs, if sloped, shall be clad in cedar wood shake, fiberglass, asphalt shingles,prefinished metal shingles, prefinished metal standing seam, or slate. Prefinished metal standing seam roofing shall only be permitted for accent roofing above window projections and open-air porches/porticos. (iii) When used, asphalt or fiberglass shingles with a "shadow line" effect are encouraged, as long as they meet or exceed local building codes. (D) Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10%of the facade area. All colors shall complement the architectural style and character of the house and the surrounding neighborhood. (E) Projections (i) Residential entrances shall be visible from the primary street, easily accessible, and well-lit. Architectural elements such as porches,porticos, and canopies are required to identify residential entrances and maintain the existing neighborhood's architectural character. (ii) The floors of front porches shall be raised between twenty-four and forty-eight inches (24"-48") above finished grade and be designed so as to allow access to the public sidewalk at the front lot line. (iii) A front entry porch shall have a minimum depth of six feet (6'); A front entry portico shall have a minimum depth of four feet(4'). (iv) Porch/Portico handrails and guardrails of perforated metal, stainless steel cables, or unfinished metal mesh are prohibited. (v) Open porch/portico bases are prohibited. Porch/portico bases shall be continuously skirted with a painted wood lattice panel,masonry, or similar material to the primary building. (F) Lighting (i) Floodlights and uplights with bulbs greater than 100 watts on residential building façades are prohibited. Motion-sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent, fluorescent, LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Mechanical Equipment and Utilities (i) Exposed mechanical equipment along primary and secondary street frontages is prohibited. (ii) Window-mounted air conditioning units placed facing primary or secondary street frontages are prohibited. (iii) Satellite television dishes shall be located according to the provisions of the SBZO, unless documentation is provided to demonstrate a lack of reception, shall not be visible from the primary street frontage. If such documentation is provided, the satellite television dish shall be located as discretely as possible. (5) Single Family and Two-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical) shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) Decorative walls, decorative fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the primary or secondary streets and shall be consistent with the house's architectural style and character. (C) Decorative walls,decorative fences, and hedges shall be no greater than five feet (5') in height along the rear and side property lines that do not face the streets. (6) Single Family and Two-Family Residential Parking and Service Areas (A) Off-street parking shall be provided by an enclosed garage located to the rear of the primary building frontage. (B) Garages that gain access from an alley or secondary street are preferred. (C) If the garage door on an attached garage must face a primary street, the garage door must be set back a minimum of 20 feet (20')from the primary building frontage, as referenced in the accompanying graphic. w HOUSE >- I I Q' I GARAGE a. 20.0 MIN. (D) Garages oriented with garage doors facing an alley or Secondary Street shall have a setback (apron) of not less than eighteen feet (18') from the alley and from the right-of-way at the Secondary Street, sufficient to accommodate the parking of an automobile provided that the minimum required setbacks are met for corner lots per the zoning ordinance, as referenced in the accompanying graphic. F i _ 1eL-0• w HOUSE MIN.-- OFF ALLEY ALL CL UJ >- GARAGE CL 2 I 7 w co J a 4 SECONDARY STREET (E) Garage setbacks shall include paved and screened locations for trash cans if trash cans are not stored in the garage. (F) No more than one (I) double or two (2) single garage doors are permitted to face any primary or secondary street. (G) Garages shall incorporate roof types that match the roof type of Primary House Form. Hipped and gabled roofs are acceptable roof types. (H) Three-car garages are prohibited. (I) Driveways fifteen feet(15') or greater at the curb or circular designed driveways within the front yard setback are prohibited. (7) Single Family and Two-Family Residential Building Addresses (A) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (e) Multi-Family Residential All new multi-family residential construction shall comply with the following regulations: (1) Multi-Family Residential Building Massing (A) In the event of mixed residential building types on abutting lots located within the same block face, the height and massing of new multi-family buildings shall be no more than twice the height and massing of the immediately abutting building, including buildings on the same lot. (B) Angular or curved building massing is prohibited. (C) Buildings shall not exceed three (3) stories or forty feet (40') in height. (2) Multi-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard,mock mansard, flat and barrel roofs are prohibited. Flat roof forms may only be used on the building's Entry Form (e.g. Porch or Portico). (C) Eaves shall have a maximum overhang of three feet (3'). (3) Multi-Family Residential Building Setbacks (A) Building setbacks shall not exceed ten feet(10') from the right of way line of the street on which the parcel's address is platted. (4) Multi-Family Residential Building Design (A) Façades (i) All residential buildings shall include design elements, including but not limited to, front doors/entries, front porches/porticos/overhangs, articulated rooflines, and balanced/symmetrical fenestration on all facades. (ii) Residential buildings shall have identifiable architectural styles that incorporate elements and details that remain consistent with that style. (iii) Unarticulated, Modern Style building facades are prohibited. (iv) Front building facades shall be oriented toward, and parallel to, all primary street frontages including corner lots. (v) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (vi) The front door entrance(s) shall define, and remain consistent with, the building's architectural style and character and shall face the Primary Street frontage. (vii) Building designs that orient front doors so that they are not visible from the Primary Street are prohibited. (viii) Front façade entry doors, windows, roof shapes and building massing shall be the dominant character defining elements of the architectural style. (ix) Garage doors shall face alleys or be oriented so as to not face the primary street frontage. (x) Front façade entry doors and mailboxes shall face the primary street frontage. (B) Multi-Family Residential Fenestration (i) Buildings shall provide fenestration on façades facing primary and secondary streets. Exposed,blank walls are prohibited. (ii) Door and window shapes shall be primarily rectangular(oriented vertically), or square. Horizontally oriented windows with vertical divisions may be used when consistent with the building's architectural style and character. (iii) Round, hexagon, and octagonal shapes shall only be allowed as accents. (iv) Doors and windows shall be made of painted metal,wood, vinyl or fiberglass. (v) Opaque or reflective glass is prohibited. (vi) Mill finish (non-colored) aluminum door and window frames are prohibited. (vii) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood, metal, vinyl, or fiberglass. (viii) Solid metal security gates, metal rolldown windows, and link/grill security devices are prohibited in all windows and doorways. (C) Multi-Family Residential Materials (i) Cinder/concrete block, metal,plywood,unfinished pre-cast or poured-in-place concrete are prohibited on any residential building facades except for basement foundation walls between the first floor sill plate and grade, where concrete, concrete masonry,brick, stone or stucco is permitted. (ii) Roofs, shall be clad in cedar wood shake, fiberglass shingles, asphalt shingles, slate shingles, clay tile,prefinished pre-stamped metal shingles,prefinished metal standing seam or other recognized residential roofing material. Prefinished metal standing seam roofing shall only be permitted for accent roofing above window projections and open-air porches/porticos/overhangs. Sheet or roll- type roofing is prohibited on sloped roofing. (D) Multi-Family Residential Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10%of the façade area. All colors shall complement the architectural style and character of the building and the surrounding neighborhood. (E) Multi-Family Residential Projections (i) Attached dwelling units shall have street-facing, individual front entries with a covered entrance feature such as a porch, portico or overhang along the primary street frontage. Decks and garages shall be located and oriented to the rear of the structure. (ii) Front doors shall be a prominent feature on the primary street façade of the unit. (iii) Porch/Portico handrails and guardrails (including balconies) of perforated metal, stainless steel cables, and unfinished metal mesh are prohibited. (iv) Open porch bases are prohibited. Porch bases shall be continuously skirted with a painted wood lattice panel, masonry, concrete or similar material to the primary building. (F) Multi-Family Residential Lighting (i) Floodlights and uplights with bulbs greater than one hundred (100) watts on residential building façades are prohibited. Motion-sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent, fluorescent, LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Multi-Family Residential Mechanical Equipment and Utilities (i) Mechanical equipment shall not be located along primary and secondary street frontages. (ii) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (iii) Roof top mechanical equipment shall be screened by the roof form. When the roof form cannot hide such equipment, a solid screen shall be constructed of materials similar to those of the primary facade. (iv) Satellite television dishes shall be located so that they are not visible from the primary street. (5) Multi-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical) shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) When utilized, decorative walls, fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the Primary and Secondary Streets and shall be consistent with the architectural style and character of the building. (C) Decorative fences and hedges shall be no greater than five feet(5') in height along the rear and side property lines that do not face the streets. (D) For urban townhome development, if front yard fencing is provided, said fencing shall be of a single, unified fence design for all units within a project. Individual fencing of individual urban townhome front yards is prohibited. (6) Multi-Family Residential Parking and Service Areas (A) Urban Townhome/Rowhome Residential (i) Off-street parking for all new urban townhome/rowhomes, shall be in the form of an enclosed garage located at the rear of the primary structure. (ii) Garages oriented with garage doors facing an alley shall have a setback (apron) of not less than eighteen feet(18') from the alley, sufficient to accommodate the parking of an automobile. (iii) Side-loaded garages accessible from primary or secondary street frontages are permitted only when legal alley access to garages is not available. (iv) Garages that have ingress or egress from the front of the property or the primary street are prohibited. (v) Garage setbacks shall include paved and screened locations for trash cans if trash cans cannot be stored in the garage. (vi) Garages that have ingress or egress from rear alleys may incorporate double-car doors. (vii) No more than one (1) double or two (2) single garage doors are permitted to face any street. (viii) Garages shall incorporate hipped or gabled roof types that complement the roof type of the primary building. Where appropriate to the design, dormers may be included. (ix) Three-car garages are prohibited. (x) Driveways shall be no more than twelve feet (12') wide at front property line. (xi) Circular driveways within the front yard setback are prohibited. (xii) Driveways on corner lots shall be located to maximize the distance from intersections. (xiii) Driveway curb-cuts shall be placed to maximize the number of on- street parking spaces. (B) All Other Multifamily Designs (i.e., non-Urban Townhome/Rowhome Design) (i) Off-street parking areas shall be located behind buildings with access off a secondary street or alley. Visitor parking shall also be located behind the buildings or at on-street parking locations. (ii) Off-street parking areas shall be located at least fifteen feet(15') from any building facade. (iii) Off-street parking areas shall be adequately lit and shall minimize glare on surrounding properties. (7) Multi-Family Residential Building Addresses (A) All buildings shall clearly display their address numbers along the primary street elevation in a conspicuous place on the side of or above the front door of the building. Address numbers shall be at least three inches (3")in height. (B) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (1) Commercial/Mixed Use Buildings All new commercial or mixed-use building construction shall comply with the following regulations: (1) Commercial/Mixed Use Buildings Located in the MU-District (A) All buildings on properties zoned "MU" (Mixed-Use District of the SBZO) shall include active first-floor commercial space. (2) Commercial/Mixed Use Building Massing (A) In areas with buildings developed on abutting lots (including across the street) the maximum building height shall not be more than fifteen feet (15') greater than the average of the maximum height on abutting lots, provided that the maximum building height for a portion of the building may increase one foot(1') for each additional one foot(1') of setback for that portion of the building. (B) Buildings shall be oriented towards the street with main entrances or windows facing the primary or secondary street frontages. (C) Buildings sited at irregular or random angles to the street are prohibited. (D) Multiple or attached building complexes shall maintain a consistent street orientation and shall also maintain a parallel or perpendicular orientation to each other. (E) Multi-story commercial/mixed-use buildings shall maintain a minimum commercial façade height for the first floor retail of fifteen feet (15'). (F) Gaps between buildings that interrupt the streetwall are prohibited except for pedestrian pathways and service alleys within long blocks. Such pedestrian pathways and service alleys should link the primary streets to parking areas and public spaces located behind buildings, and be no greater than fifteen feet (15') wide. (G) The facade of any single-story commercial/mixed-use building shall be at least twenty-two feet(22') in height. 0 (H) All sides of any free-standing single-user "outlot" retail buildings shall include four-sided design (i.e.,be designed and detailed with each façade having the same level with similar materials and details). (I) Multi-story mixed-use buildings shall not have a continuous uninterrupted façade greater than sixty feet (60') in height or length. (J) Upper floor residential/office uses are required to provide facade or roof form articulation along with building fenestration changes to accentuate the mixed-use character of the building. (K) Terraces and balconies, if incorporated, shall be designed so as not to protrude beyond the primary building facade. (3) Commercial/Mixed Use Building Shapes (A) Roofs shall be hipped,gabled, or flat with a parapet. Parapets shall range between three and five feet (3'-5')in height. (B) Mansard, mock mansard, and barrel roofs as the main roof style are prohibited. (C) Eaves shall have a maximum overhang of three feet (3'). (4) Commercial/Mixed Use Building Setbacks (A) Off-street parking areas located between the building and street are prohibited. (B) The maximum front building setback shall be five feet(5') to maintain the streetwall. (C) Corner buildings shall have a maximum setback of five feet (5') from the primary and secondary street property line to hold or frame site corners along both street frontages. (D) Buildings shall have a zero foot (0') side setback from the interior side property line, except for pedestrian access through the site. (E) Pedestrian access areas shall not exceed a maximum of fifteen feet (15') wide. (F) Pedestrian areas between buildings are prohibited unless necessary for access to/from off-street parking areas to store entrances. (5) Commercial/Mixed Use Building Design (A) Multiple building developments using one overall architectural theme shall include varied roof forms, facade treatments, sign bands, and details to create the effect of a traditional neighborhood retail street which developed over many years. (B) Building façades shall include design elements (i.e. height of a wall or cornice or parapet line, window lines,belt courses or other horizontal design elements) that substantially replicate the pattern of abutting buildings or sections of the same building. (C) Mixed-use buildings shall express a clear defined retail base, middle, and top. (D) Building architectural details and features include but are not limited to cornices,belt courses, window bays, variations in wall plane, and roof features. (E) Blank or windowless elevations that face primary or secondary streets are prohibited. Walls which do not included window glazing or storefront entrances shall be articulated by the provision of: faux windows trimmed with frames, sills, lintels, awnings; murals; or similar elements. (F) Street-facing façades of buildings with fifty feet(50') or more of horizontal length shall include the use of vertical bays between twenty- five to thirty feet (25'-30') in width to give the appearance of small, individual storefronts. Techniques for implementation include changes in articulation of plane of the building facade such as vertical bays, columns and reveals. Columns or reveals, if used, shall not be less than eighteen inches (18") in width. (G) First-floor retail on a street facing façade shall have a minimum window surface of sixty percent (60%) and maximum of seventy-five percent (75%). Upper-floor residential or office shall have a minimum window surface of twenty-five percent (25%) and maximum of forty percent (40%). (H) Unarticulated, flat front, all glass or metal, Modern Style buildings are prohibited. (6) Commercial/Mixed Use Building Fenestration (A) Window shapes shall be vertically-oriented rectangular, square, or Palladian. (B) Round, hexagon, and octagonal shapes shall only be used as accents. (C) Solid windowless walls are prohibited unless necessary to the function of the building. If such walls are necessary to the function of the building, they shall incorporate arches,piers, columns,murals, tasteful graphics, planters and/or other elements that reduce building scale and add visual interest. (D) Commercial or mixed-use buildings with ground-level retail or office space shall include clear glass windows to allow views into building interiors. Opaque or reflective glass is prohibited. (E) Storefront windows shall be constructed of painted or clad wood or metal and clear glass. (F) Solid metal security gates, metal roll-down windows, and link or grill security devices are prohibited. (7) Commercial/Mixed Use Building Materials (A) Unarticulated or finished concrete block and plywood are prohibited on commercial mixed-use building facades or on walls that are visible from streets, sidewalks and parking areas. (B) Stucco, metal, exterior insulation systems (EIFS), unfinished pre-cast concrete panels and cast-in-place concrete are prohibited as the primary material used on commercial mixed-use building facades or walls visible from streets, sidewalks and parking areas. Up to ten-percent (10%) of facades facing streets, sidewalks or parking areas can be comprised of one or a combination of these materials. (C) Decorative block, "renaissance stone," smooth/textured synthetic plaster and wood trim may be used only for decorative accent purposes and shall be limited to ten-percent (10%) of facades facing streets, sidewalks or parking areas. (D) Roofs, if sloped, shall be clad in cedar shake wood, fiberglass, asphalt shingles, tile or real/synthetic slate and shall meet all standards required by the City building code. Standing seam finished metal roofing should be used for accent purposes only and shall be limited to fifteen-percent(15%) of the roof surface area. (E) Windows and doors shall be constructed of colored clad wood or painted metal and clear glass. Mill finish (non-colored) aluminum door and window frames are prohibited. Anodic coatings, copper, and brass finishes are acceptable alternates. • (8) Commercial/Mixed Use Building Color (A) Bright colors are prohibited as primary building colors but may be used for subtle trim accents in amounts not to exceed ten-percent (10%) of the façade area. (9) Commercial/Mixed Use Building Projections (A) Building entrances shall be visible from the street. Architectural elements, canopies, and lighting shall help to identify entrances. (B) Pedestrian pass-throughs, arcades or paseos, and other like permanent architectural features shall be finished on all their surfaces with the same quality and types of materials as a building exterior in compliance with these guidelines. (C) Retractable and internally lit awnings are prohibited. (D) A standard clear awning height shall be eight and a half feet (8' 6") above the sidewalk. (10) Commercial/Mixed Use Mechanical Equipment and Utilities (A) Mechanical equipment and utilities shall be hidden from view along all primary and secondary street frontages. (B) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (C) Rooftop mechanical equipment shall be screened by the roof form or a solid screen constructed of materials similar to those of the primary façade. Perforated or louvered screens may be used. (D) Vents, gutters, downspouts, flashings, electrical conduits, and other appurtenances shall be painted to match the adjacent surface unless being used expressly as an accent material. (E) Window-mounted air conditioners are prohibited. Wall or in-wall mounted air conditioning condensing equipment is prohibited facing streets or pedestrian ways. (11) Commercial/Mixed Use Decorative Fencing (A) Wood, chain-link, and barbed-wire fencing is prohibited. (B) Decorative three foot (3') height masonry walls may be used in conjunction with landscaping to provide screening. Decorative masonry walls shall incorporate the same or complementary materials and detailing as adjacent buildings and streetscape. 1 Eel:;irc:eat r.a aad 1;na;tape;. . r;arc':'s .gar;t•et in Sc_t•3e,d. (12) Commercial/Mixed Use Outdoor Cafes and Seating Areas (A) Outdoor cafes and seating areas shall so be located as to maintain a minimum useable sidewalk width of not less than six feet (6'). (B) Sidewalk cafes shall obtain a seasonal permit from the City of South Bend. (13) Commercial/Mixed Use Landscape Guidelines (A) Parkway Tree Lawn Plantings—All plantings within the parkway tree lawn shall obtain approval of the South Bend Board of Public Works. (14) Commercial/Mixed Use Off-street Parking and Service Areas (A) Parking and service areas shall be located at the rear of the building. With the exception of on-street parking, parking and service areas that front primary and secondary streets are prohibited. L L L L NJAWED L 44.. ALLOWED L . L. L L .. tie; l `L N i. I- L AI, 4. L ti V Ll. t l w l4. 1_4._ PRIMARY 3T4(11 L L LL L • I l ,_LLL- LtL . a L 1.. cL I L ;nL L L L AIL�O WED I L ALLOWED I L (B) Dedicated off-street parking for individual businesses is prohibited, with the exception of drop-off/pick-up type service businesses, which may provide one dedicated space per business, during business hours. Multi- use buildings shall provide shared off-street parking. (C) Off-street parking areas for commercial/mixed-use buildings shall be located at least fifteen feet (15') from all building façades. (D) Where alleys are used in a commercial/mixed-use area as a means for access to and from off-street parking areas, the width of such alleys shall be at least eighteen feet (18') wide. 1t41 tj0 -114 110 t/ NOT ALLOWED 4 Om m EC Coy ® LC C GE (E e1 u 1 •--:-e Y _ *;i ALLOWED (E) Where applicable, curb-cuts should be placed to maximize the number of on-street(curb)parking spaces. (g) Signs Any new sign shall comply with the following regulations: (1) Single Family Residential Single Family Residential uses shall be puuiitted signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the SBZO applicable to the single family dwellings or single family platted subdivisions. (2) Multi-Family Residential Multi-family residential uses shall be permitted freestanding identification signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the SBZO applicable to the multifamily dwelling uses provided that: (A) the maximum height of a freestanding identification sign may be up to eight feet (8') feet above grade; and (B) there shall be no minimum setback for such freestanding identification sign provided such signs shall not encroach into any public right-of-way or clear sign area regulated by Section 21-01.01 (t)—Clear Sight Area Requirements of the SBZO. (3) Commercial/Mixed-Use Commercial /Mixed-Use buildings shall be permitted signs in compliance with the provisions of Section 21-07.03 (e) On-Premise Signs: MU & CBD Districts of the SBZO applicable to the MU District provided that: (A) Building identification signs shall be limited to one (1) sign per building being either: a parapet mounted wall sign not to exceed forty(40) square feet in area; or, a grand projecting sign not to exceed eighty (80) square feet in area. (B) In addition, each tenant/use within a building shall be allowed one (1) business identification sign per frontage of the tenant/use limited to either: a fascia mounted lower level wall sign not to exceed twelve (12) square feet in area per sign; or, a blade sign not to exceed twelve (12) square feet in area per sign. Section II. Chapter 21 of the City of South Bend Municipal Code, as amended, is further amended and supplemented by applying the NNZO Overlay District to the following described property: Beginning at the intersection of the centerlines of Hill Street and LaSalle Avenue; thence East along said centerline of LaSalle Avenue to the West right-of-way line of Frances Street; thence South along said West right-of-way line to the North right-of-way line of the first East-West alley, also known as Luther Court, South of LaSalle Street; thence West along said North right- of-way line to the West right-of-way line, extended, of the first North-South alley, also known as Edmund Court, West of Frances Street; thence South along said right-of-way line to the centerline of Colfax Avenue; thence East along said centerline to the centerline of Eddy Street; thence North along said centerline to the centerline of LaSalle Avenue; thence East along said centerline to the centerline of Sunnyside Avenue; thence North along said centerline to the centerline of Rockne Drive; thence Northeasterly along said centerline to the East right-of-way line of Twyckenham Drive; thence North along said East right-of-way line to the Southwest corner of Lot 38 in Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 38, 37 and 36 to the Southwesterly right-of-way line of White Oak Drive, also being the Southeast corner of Lot 36 of Wooded Estates; thence Northeasterly to the Southwesterly corner of Lot 35 in Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 35, 34, 33, 32, 31 and 30 in said Wooded Estates to the Westerly right-of-way line of Black Oak Drive, also being the Southeast corner of Lot 30 of said Wooded Estates; thence Northeasterly to the Northwest corner of Lot 48 in said Wooded Estates; thence east along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak Ridge Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to the East line of Lot 5 of Vacval and Davidson Subdivision projected South; thence North along said East line and its projection to the Northeast corner of said Lot 5; thence West along the North lines of Lots 5, 4, 3, 2 and 1 of said Subdivision; thence West along the North line of said Subdivision projected to the East property line projected of a parcel of land owned by the Patrick Simeri Revocable Trust (Tax key#024- 1008-0618); thence North along said East line to the Northeast corner of said Simeri parcel; thence West along the North line of said Simeri parcel to the Northwest corner of said Simeri parcel also being the east line of the Jamison Residential Condominium; thence South along the West line of said Simeri parcel also being the East line of said Condominium to the Southeast corner of said Condominium; thence West along the South line of said Condominium to the Southwest corner of said Condominium; thence North along the West line of said Condominium to the South line of Lot 5 of Schroederville(Original Town); thence West along the South Line of said Lot to the centerline of Ivy Road; thence South along said centerline projected to the South right-of-way line of Edison Road; thence West along said right-of-way line 30' more or less to the Northwest corner of a parcel of land owned by Judith Oliva and Joseph & Phyllis Cantanzarite(Tax Key#018-5151-5672); thence South along the West line of said parcel to the North right-of-way line of State Road#23 (South Bend Avenue); thence Southwesterly along said North line to the East right-of-way line of Napoleon Boulevard; thence Northwesterly along said line to the East line of Lot 4 of Eddy Street Commons Major Subdivision (Section One); thence Northwesterly along said Lot line to the Southeast corner of Lot B of Eddy Street Commons First Minor, First Replat; thence Northwesterly along said Lot line to the Southeast corner of Lot 10F of Eddy Street Commons Third Minor Subdivision; thence Northwesterly along said lot line to the center line of Angela Boulevard; thence West along said centerline to the West line of Lot 95 University Heights projected North; thence South along the West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest corner of said Lot 32; thence West along the North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street; thence South along said centerline to the centerline of Napoleon Street; thence West along said centerline to the centerline of Niles Avenue; thence Southeasterly along said centerline to the centerline of Corby Street; thence East along said centerline to the west line of the first North- South alley West of Hill Street projected North; thence South along said West line to the Northwest corner of Lot 10 of Cedar Heights Addition; thence South along the West Lot lines of Lot 10, 11, 12 and 13, extended, to the centerline of Crescent Avenue; thence Northeasterly along said centerline to the centerline of Hill Street; thence South along said centerline to the place of beginning. 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. Nit Member o"he ommon Council Attest: fg,1�gv i pESw Gi:J tOg ztr +om 3 t3?d City Clerk Ma Pa Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2015, at o'clock . m. • • City Clerk Approved and signed by me on the day of 2015 at o'clock . m. Mayor of the City of Sout do `indiana I File r.: . Office let READING � 8� I PUBLIC HEARING 22 2015 d rd READING NOT APPROVED g�•.. REFERRED JO:, _..t P&SS_-: CITYCE.F.11.- : •:,`; .;•UEND,ltd • LAWRENCE P. MAGLIOZZI • EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Ned k 'Mice September 22, 2015 t 42 2U15 ' Tim Scott, President South Bend Common Council Fourth Floor, County-City Building till? t t G , ziGo ;JEW,04 227 W. Jefferson Blvd. South Bend,IN 46601 RE: Area Plan Commission Initiated Petition to Repeal Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District, and Replace It With a New Section 21-06.03 Northeast Neighborhood Zoning Overlay District, City of South Bend Zoning Ordinance Dear Mr. Scott: Attached is a proposed ordinance initiated by the Area Plan Commission. The purpose of this ordinance is two-fold: 1) to re-define the boundary for what used to be called the Northeast Neighborhood Development Area, recently expanded and incorporated into what is now called the River East Development Area; and, 2) revise and update a number of definitions and development standards based on the actual experience of applying the current standards to recent projects. The NNRO was instrumental in the review of the proposed changes. I am requesting that the attached ordinance be placed on the September 28, 2015 Council agenda for First Reading. The Area Plan Commission will conduct its public hearing on October 20, 2015. If you have any questions, please feel free to contact me. Sincere , l'az,ic; Lawrence P. Magliozzi SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STIOSEPHCOUNTYINDIANA.COM/AREAPLAN LAWRENCE P. MAGLIOZZI E:NrCHIIVI DIREC1OR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 277W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 MEMORANDUM "i2 Loth ; DATE: September 22, 2015 TO: South Bend Common Council Members CLE , iErn,IN FROM: Larry Magliozz. SUBJECT: Repeal & Replace of Section 21-06.03 Northeast Neighborhood Overlay District Dear Council Members, On behalf of the Area Plan Commission, I have filed an Ordinance to replace the entire text of the Northeast overlay district. As you receive the copy of the Ordinance, please read the Statement of Purpose and Intent which frames the reason for the text change. Representatives of the NNRO, The South Bend Heritage Foundation and the Building Department have been working on the redraft of the overlay district since late last year. With a fair number of homes having now been constructed in the Northeast Neighborhood, a number of design issues have emerged along with the need to provide stronger definitions for the design terminology. To assist you in identifying the changes, a version of the Ordinance with red, green and blue"highlights" is being provided. The red and green represent the changes submitted by the working group noted above. The blue represents typographical corrections that I caught just prior to filing the Ordinance. The title of the overlay is being changed from the Northeast Neighborhood Development Area Overlay District to the Northeast Neighborhood Zoning Overlay District. As you are aware, the Development Area no longer exists, as it was expanded and merged into the new River East Development Area. So this Ordinance re-establishes the overlay district. Finally, you will note that the majority of the changes are contained within the single and multi-family sections. The commercial remains largely untouched save for typographical corrections. In order for the Ordinance to be properly codified, the entire Section 21-06.03 had to be replaced. Representatives from the NNRO and the South Bend Heritage Foundation will be presenting the Ordinance during the public process, and will be available to answer your questions. Please feel free to contact me with any additional questions that you may have. SERVING ST JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW STJOSEPHCOUNTYINDIANA COM/AREAPLAN • DRAFT 9.1.2015 Section 21-06-03 NNZO District Sec. 21-06.03 Northeast Neighborhood Zoning Overla■ District Notwithstanding any provision elsewhere in this the South Bend Zoning Ordinance ("hereafter referred to as "this SBZO") to the contrary, all new development within the NNZO shall be subject to the following regulations. In the case of conflict between the provisions of this NNZO and other provisions of the SBZO, the provisions of this NNZO shall control. (a) Intent. It is the intent of this NNZO to codify a number of the recommendations of the Northeast Neighborhood Design Guidelines (Edition — Revised:August 2009) which are most relevant and applicable to new development in the NNDA. By codifying a number of the recommendations of the Northeast Neighborhood Design Guidelines, the NNZO accomplishes the following purposes: (1) To establish a comprehensive design approach for the NNDA; (2) To encourage high-quality design of future buildings and site development that preserves and enhances the character of a traditional neighborhood; (3) To create a strong, unique neighborhood identity image; (4) To provide a range of design options to address future development opportunities; and (5) To instill and enforce the sense of "pride of place" among residents, businesses, and property owners. (b) Applicability (l) New Development — The regulations contained in this NNZO shall be applicable to all new construction on real property located within the area designated as the Northeast Neighborhood, Development Area Overlay Zoning District on the Zoning District Map for the City of South Bend. In order to assure the compatibility of new development within the NNDA with that of the surrounding community, any new building, structure or sign within the NNDA after the effective date of the NNZO shall be subject to the regulations contained in this NNZO. Renovations or expansions of existing buildings, structures, or signs are not subject to the regulations of this NNZO but shall be subject to all applicable regulations of the underlying zoning district. 1 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (2) Land Use— The land use permitted on any individual lot with this NNDA shall be determined by the underlying zoning district. (3) Development Standards — The determination of which of the development standards and regulations of this NNZO shall be applicable to a particular lot, project or development shall be determined by the proposed use of the real property, not by the underlying zoning district. (4) Special Exception Uses —For those uses which must be reviewed by the Board of Zoning Appeals and approved by the Common Council through the Special Exception Process in accordance with the underlying zoning, the applicable regulations of this NNZO shall be determined by the Board of Zoning Appeals and the Common Council as part of their determination of the appropriateness of the use. (5) Planned Unit Development — As part of an application for a Planned Unit Development, the applicant may prepesed propose alternative development standards that do not adhere to the standards of the NNZO. If approved by the Common Council, these alternative development standards will control the development of the site. In the event that no alternative development standards are proposed, then the standards contained within this NNZO will govern. (Ord. No. 10308 11) 2 Ord. No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (c) Definitions. In addition to the definitions contained in Article 11, Section 21-11 Definitions, the following definitions apply in this NNZO. (1) American Foursquare Style — An American house style popular in the mid-1890s to the late 1930s that incorporates elements of the Prairie and Craftsman styles. Hallmarks of the style include a basically square, boxy shape, two-and-one-half stories high, large front porch, and commonly a hipped roof, as referenced by the accompanying graphic. " N _ lit 6'1 :i9 C' 1111 F L1 4piit f-: - 1: ; 1 (2) Arcade—A series line of arches supported by columns or piers attached to a solid wall creating a passageway (ie. Covered access to adjacent shops); a building or (3) Architectural Style — Classification used to characterize the wide variety/range of features, such as appearance, form, and materials that make a building or other structure notable and historically identifiable. (eg. Some of the more identifiable architectural styles of the Northeast Neighborhood include American Foursquare, Colonial Revival, Craftsman, Prairie, and Tudor.) (2) Articulation - The relationship of contacting surfaces to create a series of plane changes in order to avoid a flat appearance. (3) Atrium - An opening connecting two or more stories other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. (4) Bay - One unit of a building that consists of a series of similar units regularly repeated spatial elements making a vertical division in a structure, commonly 3 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District defined by the number of window and door openings per floor or by the space between columns and/or piers. (5) Belt Course - A narrow, horizontal band projecting from the exterior walls of a building, usually defining the interior floor levels. (6) Brace - A diagonal stabilizing member of a building frame. (7) Bracket - A support element under eaves, shelves or other overhangs; often more decorative than functional. (8) Building Mass — The relationship between height, width and depth of a building or structure. (eg. House massing may consist of a Primary House Form, front Porch/ Portico or Entry Form, Secondary Additive Form and a Garage.). See accompanying graphic. \' an, -,_-_,,,-):- 0 ea fit_i Ei _o _ all11 11 - `GARAGE - __ - - SECONDARY FORM PRIMARY ---- ADDITIVE FORM PORCH OR HOUSE FORM ENTRY FORM (9) Building Scale - The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings. (10) Cantilever - A projecting beam or part of a structure supperted-may fixed at one end, projecting beyond its vertical support. (11) Casement Window - A window with sash hung vertically and epening swinging inward or outward. 4 Ord. No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (12) Colonial Revival Style — A nationalistic design movement in the United States in the late 19`h century— mid 20`h century, - • - - . . -. - . • - - • ftimishings—that sought to revive elements and features of architectural style borrowed from earlier British colonial period houses of the early 19`h century. Identifying features include a facade with normally symmetrically balanced windows and accentuated front door, often centered of the Britislioletlies—i,_ . • -• - - . _ _ • - - - See accompanying graphic. . - $ _1IPI I4ri --- I Fit iFI . k[, Iii .I! -- - (13) Cornice-Projecting ornamental molding along the top of a building or wall. (14) Craftsman Style - A movement style derived from the British Arts & Crafts movement from the late 19t1' century. It originated in southern California and was the dominant style for smaller houses (eg. Bungalow) built throughout the United States until the early 1920s. that originated in England in the late 1800s as a•-- - - - ' - - - • = - - -:•- . See accompanying graphic. 11 illp -,u- h -- N. r i j ' 111 ��ILII11 1 !„ �-- --wr r 4 ;I $ ,� �R� 1.: 111 I" la/ (15.1) Cupola-A dome shaped roof on a circular base, often set on the ridge of a roof. 5 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (15.2) Decorative Fence— A fence made of metal or wood with open areas representing not less than 70% of the fence area. Chain link, barbed wire or similar style fences shall not be considered decorative. (15.3) Decorative Exterior Wall —A wall made of stone, brick, split-face concrete block, or other decorative unit masonry material. Plain concrete block shall not be considered decorative. (16) Dormer - A vertically set window on a sloping roof; the roofed structure housing such a window. (17) Eaves -The projecting overhang at the lower edge of a roof. (18) Egress -An exit. (19) Façade—External face of a building. (19) Flat Roof- A roof that has no perceptible pitch or slope. (20) Fenestration - The arrangement, proportioning and design of windows and doors in an exterior wall of a building. (21) Gable - A triangular exterior wall segment at the end of immediately under a double pitched roof OF (eg. gabled roof), as referenced by the accompanying graphic. 6 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (22) Gambrel Roof - A symmetrical ridged roof with two slopes on each side, the upper slope is at a shallow angle and the lower slope havifig the steeper pitch, as referenced by the accompanying graphic. , J (23) Hipped Roof- A roof with four uniformly pitched sides, without gables, as referenced by the accompanying graphic. (24) Ingress - An access or entry point. (25) Lintels - A beam supporting the weight above a door or window opening. 7 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (26) Mansard Roof-A roof that has two slopes on all four sides, the lower slope being much steeper, as referenced by the accompanying graphic. Mansard roofs are p (27) Masonry - Wall construction of cut, shaped or molded units inatefials such as stone, brick, concrete,and adobe , etc.. (28) Modern Style — An overarching architectural movement that gained global popularity at the turn of the 20th century that was primarily driven by technological and engineering developments. Common characteristics include simplicity and clarity of forms and elimination of"unnecessary detail", materials at 90 degrees to each other, visual expression of structure, use of industrially- produced materials and a visual emphasis on horizontal and vertical lines, as referenced by the accompanying graphic. - - .- -• _ - . - architectural literature, as "Modern" or "Modernistic". For cxamplc, sec McAlester, Virginia & Lee, A Field Guide to American Houses, Alfred H. Knopf, •t. i .. . 1': _ , —i � __ r 1 e jr 8 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (29) Molding - A : - •- . : . : - . • . .. : • - - -. -. - . . type of trim that is applied to a vertical surface. (30) Mullion - A vertical member separating, and often supporting, windows, doors or panels set in a series. (31) Parapet - A low, solid, protective wall or railing along the edge of a roof or balcony. (32) Pavers - Preformed paving blocks that are installed on the ground to form patterns while at the same time facilitate pedestrian and vehicular travel. (33) Plaza - An open space that may be improved and landscaped, usually surrounded by streets and buildings. (34) Porch - Roofed structure attached to the front, side or back exterior of the building, used to shelter at a building entrance and occupy (eg. Seasonal living space), as referenced by the accompanying graphic. III .� - �1 j +ill: 1 1U In IIIII� liil!1 IIIII U ; - 9 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.20 15 NNZO District (34) Portico - Roofed porch-like structure, often open along at least one the front side, but may be enclosed, ' - - . . - - =-- - - - - •: - -: - -- - and connected to the Primary Building Frontage House— n at the primary building entrance, often supported by columns;• ' ` ` - - . . - ' - - - - :-. ' -•- • ; used to shelter at an entrance and is not occupied (eg. Covered passage) as referenced by the accompanying graphic. rul 111 - Iu w 18 u' =R1 t1.. m u �.. '1. 1 I,1 OCR ' II_ MINE (35) Primary Building Frontage — The side of a building facing the primary street located on side-by-side lots, corner lots and double frontage lots, which contains the primary building entrance. (35) Prairie Style — An American house style of the late 19th- and early 20th- century that is usually marked by horizontal lines, hipped roofs with widely overhanging eaves, windows grouped in horizontal band, with design aesthetics of the British Arts and Crafts movement. (eg. Architect ,-netably Frank Lloyd Wright, a proponent of the style, emphasized the horizontal lines responding to the flatness of the Midwestern prairie.), as referenced by the accompanying graphic. 1 - E--. 1o. Lliobipi 10 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District ( ) Primary House Form- - - - . . - -. - - - - , - ,: - •- -. The largest mass of a house (eg. Secondary House Form is a smaller mass and subordinate to it.). See "Building Mass" definition. ( ). Secondary House Form- - - - . . - ..•- . , .. . .• - - ' - - " -'- - . • - - • - • -. The smaller mass of a house that is subordinate to the Primary House Form (eg. largest mass). See "Building Mass" definition. ( ). Secondary Building Frontage — The side of a building on a corner lot facing the secondary street, which does not contain the primary building entrance. (36) Setback - The horizontal distance measured between a building wall and awl, its property lot lines (eg. Front yard, rear yard, side yard). (37) Sill - The lowest horizontal member at the inner of a frame structure of a wood- framed wall, normally resting on and anchored to a foundation wall. (38) Spindle - A turned wooden element, often used in screens, stair railings and porch trim. (39) Steeply-sloped - Having a pitch of 10/12 or greater for a minimum horizontal distance of thirty-six inches (36"). (40) Street f F e n t a g e . Primary— . ,. - ' -- . ;, .. .. . .- • - ' . - - • - . :. The street on which the parcel's front lot line abuts and address is platted. (41) Street frontage : Secondary— . ,. - ' .- . .- , , - -- ;. - • - address is platted The street that intersects with the Primary Street on which the parcel's side lot line abuts (eg. Corner lot). (42) Streetwall - The continuation of zero lot line building façades along a primary street. (43) Step back - An architectural element in which the upper stories of a tall building are stepped back from the lower stories. (44) Transom - A crosspiece separating a doorway from a window or fanlight above it. 11 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (45) Tudor Style - A transitional style of English architecture that was prominent from 1890 to 1940 in America. Homes were built using late Medieval and early Renaissance styles characterized by steep cross-gabled roofs, often punctuated by small dormers, tall, narrow, casement windows in multiple groups, half-timbering, and massive decorative chimneys, as referenced by the accompanying graphic. P-Hif r 1; -11 k .� 11081 6 BEE (46) Turret - A small, slender tower usually at the corner of a building, often containing a circular stair. (47) Uplight - A decorative light fixture used to accent architectural elements or landscaping. (48) Vault- An arched ceiling of masonry. (49) Veranda- A roofed open gallery or porch. 12 Ord. No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (d) Single Family and Two-Family Residential All new single family and two-family residential construction shall comply with the following regulations: (1) Single Family and Two-Family Residential Building Massing (A) Angular or curved building massing is prohibited. (B) Building heights shall not be less than one (1) story (or fifteen feet [15']) and shall not exceed two-and-a-half(2 %2) stories (or thirty-five feet [35']). (C) Front entry door(s) shall be located on the Primary Building Frontage and • - -- - - - -- - shall face the primary street. (D) Front Porches or Portico ace is required and shall be attached to the Primary Building Frontage. A Porch shall have a minimum depth of six feet (6') and cover a minimum of fifty percent (50%) of the elevation Primary House Form. A Portico shall have a minimum depth of four feet (4') and cover a minimum of thirty percent (30%) of the Primary House Form. See accompanying graphic. t 1� J , '08 1 250% 1 >30% • 1 PORCH PORTICO (2) Single Family and Two-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. 13 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (B) Mansard, mock mansard, flat and barrel roofs are prohibited. Flat roof forms may only be used on the house's Entry Form (eg. Porch or Portico) and Secondary Additive Form. (C) Eaves shall have a maximum overhang of three feet(3'). (Ord. 10156 12) (3) Single Family and Two-Family Residential Building Design and Materials (A) Facades (i) Buildings that shall have identifiable architectural styles shall that incorporate elements and details that remain consistent with that style. (ii) Unarticulated,Modem Style building facades are prohibited. (iii) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (iv) Building designs that -. • . . . , 2--••-• secendaff-streets-er-orient front doors so that they are not visible from the primary street are prohibited. (v) The Primary Building Form's front facade's porch/ portico, entry door and, windows, roof shape and building massing, shall be the dominant character defining elements of the front facade architectural style. (B) Fenestration (i) Buildings shall provide fenestration on facades facing primary and secondary streets. Exposed, blank walls are prohibited. (ii) Door and window shapes shall be primarily rectangular (oriented vertically), or square;-ems. Horizontally oriented windows with vertical divisions may be used when consistent with the house's architectural style and character. (iii) Round, hexagon, and octagonal shaped deers-Or windows shall only be allowed as accents. (iv) The front door shall be t e a t f t- entrance on the front w facade of the house and shall define, and remain consistent with, the building's architectural style Of and character. 14 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (v) Doors and windows shall be made of painted metal, wood, fiberglass or vinyl. Dark or reflective glass is prohibited. (vi) Mill finish (non-colored) aluminum door and window frames are prohibited. (vii) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood, metal, fiberglass or vinyl. (viii) Solid metal security gates, metal roll-down windows, and link/grill security devices are prohibited in all residential windows and doorways. (C) Materials (i) "Jumbo," or other commercial-grade/scale products such as bricks, cinder/concrete block, unfinished metal, plywood, unfinished pre-cast or poured-in-place concrete are prohibited on any residential building façades. (ii) Roofs,if sloped, shall be clad in cedar wood shake, fiberglass, asphalt shingles, prefinished metal shingles, prefinished metal standing seam, or slate. Prefinished metal standing seam roofing shall only be permitted for accent roofing above window projections and open-air porches/porticos. (iii) When used, asphalt or fiberglass shingles with a "shadow line" effect are encouraged, as long as they meet or exceed local building codes. (D) Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10% of the façade area. All colors shall complement the architectural style and character of the house and the surrounding neighborhood. (E) Projections (i) Residential entrances shall be visible from the primary street, 15 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District easily accessible, and well-lit. Architectural elements such as porches, porticos, and canopies are required to identify residential entrances and maintain the existing neighborhood's architectural character. (ii) The floors of front porches shall be raised between twenty-four and forty-eight inches (24"-48") above finished grade and be designed so as to allow access to the public sidewalk at the front lot line. (iii) font entry Yoh--„hall , portico or canopy clement shall - ' • -"•- . -- . := - - • -- -' . A front entry porch shall have a minimum depth of six feet (6'); A front entry portico shall have a minimum depth of four feet (4'). (iii) Porticos shall extend relative to the door or access they frame, and shall be attael+ed to the ' •. . - . . - - . --- . . - . - - percent (30%). (v) Porch/Portico handrails and guardrails of perforated metal, stainless steel cables, or unfinished metal mesh are prohibited. (vi) Open porch/portico bases are prohibited. Porch/portico bases shall be continuously skirted with a painted wood lattice panel, masonry, or similar material to the primary building. (F) Lighting (i) Floodlights and uplights with bulbs greater than 100 watts on residential building façades are prohibited. Motion-sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent, fluorescent, LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. 16 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (G) Mechanical Equipment and Utilities (i) Exposed mechanical equipment along primary and secondary street frontages is prohibited. (ii) Window-mounted air conditioning units placed facing primary or secondary street frontages are prohibited. (iii) Satellite television dishes shall be located according to the provisions of the SBZO, unless documentation is provided to demonstrate a lack of reception, shall not be visible from the primary street frontage. If such documentation is provided, the satellite television dish shall be located as discretely as possible. (5) Single Family and Two-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical) shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) Decorative walls, decorative fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the primary or secondary streets and shall be consistent with the house's architectural style and character. (C) Decorative walls, decorative fences, and hedges shall be no greater than five feet(- 5') in height along the rear and side property lines that do not face the streets. (6) Single Family and Two-Family Residential Parking and Service Areas (A) Off-street parking shall be provided by an enclosed garage located to the rear of the primary building frontage. (B) - - ..._. . . -- - .- ••- ... -- . (C) Garages that gain access from - - -. - . . - - _ seeet� -street an alley or secondary street are preferred. 17 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (D) If the garage door on an attached garage must face a primary street, due--te • ` • . - • - . -= , the garage door must be set back a minimum.of 20 feet (20') from the t f Cade ,.f t _ _ primary building frontage,See as referenced in the accompanying graphic. w I liJ HOUSE cr cr U) GARAGE 0 MIN. (E) Garages oriented with garage doors facing an alley or secondary street shall have a setback (apron) of not less than eighteen feet (18') from the alley and from the right-of-way at the secondary street, sufficient to accommodate the parking of an automobile provided that the minimum required setbacks are met for corner lots per Zoning, See as referenced in the accompanying graphic. 18 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District 18'-0" HOUSE MIN.- IAF`OEY U) >- - GARAGE >- d I z \ Q { SECONDARY STREET (F) Garage setbacks shall include paved and screened locations for trash cans if trash cans are not stored in the garage. (G) No more than one(1) double or two (2) single garage doors are permitted to face any primary or secondary street. (H) Garages shall incorporate roof types that match the roof type of the primary building Primary House Form. Hipped and gabled roofs are acceptable roof types. (I) Three-car garages are prohibited. (J) Driveways fifteen feet (15') or greater at the curb or circular designed driveways within the front yard setback are prohibited. (7) Single Family and Two-Family Residential Building Addresses (A) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (e) Multi-Family Residential All new multi-family residential construction shall comply with the following regulations: (1) Multi-Family Residential Building Massing (A) In the event of mixed residential building types on abutting lots located within the same block face, the height and massing of new multi-family 19 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District buildings shall be no more than twice the height and massing of the immediately abutting building, including buildings on the same lot. (B) Angular or curved building massing is prohibited. (C) Buildings shall not exceed three (3) stories or forty feet (40') in height. (2) Multi-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard, mock mansard, flat and barrel roofs are prohibited. Flat roof forms may only be used on the building's Entry Form (eg. Porch or Portico). (C) Eaves shall have a -- . • . . . . -- ' . . . maximum overhang of three feet (3'). (3) Multi-Family Residential Building Setbacks (A) Building setbacks shall not exceed ten feet (10') from the right of way line of the street on which the parcel's address is platted. (4) Multi-Family Residential Building Design (A) Façades (i) All residential buildings shall include design elements, including but not limited to, front doors/entries, front porches:'porticos/overhangs, articulated rooflines, and balanced/symmetrical fenestration on the primary a all facades. the Prim fy w F (ii) Residential buildings that shall have identifiable architectural styles than that incorporate elements and details that remain consistent with that style. (iii) Unarticulated, Modern Style building façades are prohibited. (iv) Front building façades shall be oriented toward, and parallel to, all primary street frontages including corner lots. 20 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (v) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (vi) The front door . . . -•- - . . - entrance(s) shall define, and remain consistent with, the building's architectural style and character . _ . . . . - . _ . . . and shall face the primary street frontage. (vii) Building designs that - . _ . . • _• - - -- or orient front doors so that they are not visible from the primary street are prohibited. (viii) Front facade entry doors arid, windows, roof shapes and building massing shall be the dominant character defining elements of the front fame architectural style. (ix) Garage doors shall face alleys or be oriented so as to not face the primary street frontage. (x) Front facade entry doors and mailboxes, and windows to major rooms face the primary street frontage. (B) Multi-Family Residential Fenestration (i) Buildings shall provide fenestration on facades facing primary and secondary streets. Exposed, blank walls are prohibited. (xi) Door and window shapes shall be primarily rectangular (oriented vertically), or square, or Palladian. Horizontally oriented windows with vertical divisions may be used when consistent with the building's architectural style and character. (ii) Round, hexagon, and octagonal shapes shall only be allowed as accents. (iii) Doors and windows shall be made of painted metal, wood, vinyl or fiberglass. (iv) Opaque or reflective glass is prohibited. (vi) Mill finish (non-colored) aluminum door and window frames are prohibited. 21 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (vii) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood, metal, vinyl, or fiberglass. (viii) Solid metal security gates, metal rolldown windows, and link/grill security devices are prohibited in all windows and doorways. (C) Multi-Family Residential Materials (i) Cinder/concrete block, metal, plywood, unfinished pre-cast or poured-in-place concrete are prohibited on any residential building façades except for basement foundation walls between the first floor sill plate and grade, where concrete, concrete masonry, brick, stone or stucco is permitted. (ii) Roofs, if sloped, shall be clad in cedar wood shake, fiberglass shingles, asphalt shingles, slate shingles, clay tile, prefinished pre-stamped metal shingles, prefinished metal standing seam or other recognized residential roofing material. Prefinished metal standing seam roofing shall only be permitted for accent roofing above window projections and open-air porches/porticos/overhangs. Sheet or roll-type roofing is prohibited on sloped roofing. (D) Multi-Family Residential Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10% of the façade area. All colors shall complement the architectural style and character of the building and the surrounding neighborhood. (E) Multi-Family Residential Projections (i) Attached dwelling units shall have street-facing, individual front entries and with a covered entrance feature such as a porches, portico or overhang along the primary street frontage. Decks and garages shall be located and oriented to the rear of the structure. 22 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (ii) Front doors shall be a prominent feature on the primary street façade of the unit. (iii) Porch/Portico handrails and guardrails (including balconies) of perforated metal, stainless steel cables, and unfinished metal mesh are prohibited. (iv) Open porch bases are prohibited. Porch bases shall be continuously skirted with a painted wood lattice panel, masonry, concrete or similar material to the primary building. (F) Multi-Family Residential Lighting (i) Floodlights and uplights with bulbs greater than one hundred (100) watts on residential building façades are prohibited. Motion- sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent, fluorescent, LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Multi-Family Residential Mechanical Equipment and Utilities (i) Mechanical equipment shall not be located along primary and secondary street frontages. (ii) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (iii) Roof top mechanical equipment shall be screened by the roof form. When the roof form cannot hide such equipment, a solid screen shall be constructed of materials similar to those of the primary façade. (iv) Satellite television dishes shall be located so that they are not visible from the primary street. (5) Multi-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical) shall incorporate a slope retention element of either a small 23 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) When utilized, decorative walls, fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the primary and secondary streets and shall be consistent with the architectural style and character of the building. (C) Decorative fences and hedges shall be no greater than five feet (5') in height along the rear and side property lines that do not face the streets. (D) For urban townhome development, if front yard fencing is provided, said fencing shall be of a single, unified fence design for all units within a project. Individual fencing of individual urban townhome front yards is prohibited. (6) Multi-Family Residential Parking and Service Areas (A) Urban Townhome/Rowhome Residential (i) Off-street parking for all new urban townhome/rowhomes, shall be in the form of an enclosed garage located at the rear of the primary structure. (ii) Garages oriented with garage doors facing an alley shall have a setback (apron)of not less than 18'from the alley,sufficient to accommodate the parking of an automobile. (iii) Side-loaded garages accessible from primary or secondary street frontages are permitted only when legal alley access to garages is not available. (iv) Garages that have ingress or egress from the front of the property or the primary street are prohibited. (v) Garage setbacks shall include paved and screened locations for trash cans if trash cans cannot be stored in the garage. (vi) Garages that have ingress or egress from rear alleys may incorporate double-car doors. 24 Ord. No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (vii) No more than one (1) double or two (2) single garage doors are permitted to face any street. (viii) Garages shall incorporate hipped or gabled roof types that complement the roof type of the primary building. Where appropriate to the design, dormers may be included. (ix) Three-car garages are prohibited. (x) Driveways shall be no more than twelve feet (12') wide at front property line. (xi) Circular driveways within the front yard setback are prohibited. (xii) Driveways on corner lots shall be located to maximize the distance from intersections. (xiii) Driveway curb-cuts shall be placed to maximize the number of on- street parking spaces. (B) All Other Multifamily Designs (i.e., non-Urban Townhome/Rowhome Design) (i) Off-street parking areas shall be located behind buildings with access off a secondary street or alley. Visitor parking shall also be located behind the buildings or at on-street parking locations. (ii) Off-street parking areas shall be located at least fifteen feet (15') from any building facade. (iii) Off-street parking areas shall be adequately lit and shall minimize glare on surrounding properties. (7) Multi-Family Residential Building Addresses (A) All buildings shall clearly display their address numbers along the primary street elevation in a conspicuous place on the side of or above the front door of the building. Address numbers shall be at least three inches (3") in height. (B) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. 25 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (f) Commercial /Mixed Use Buildings All new commercial or mixed-use building construction shall comply with the following regulations: (1) Commercial/Mixed Use Buildings Located in the MU-District • (A) All buildings on properties zoned "MU" (Mixed-Use District of the SBZO) shall include active first-floor commercial space. (2) Commercial/Mixed Use Building Massing (A) In areas with buildings developed on abutting lots (including across the street) the maximum building height shall not be more than fifteen feet (15')feet greater than the average of the maximum height on abutting lots, provided that the maximum building height for a portion of the building may increase one foot (1)feet for each additional one foot (1)feet of setback for that portion of the building. (B) Buildings shall be oriented towards the street with main entrances or windows facing the primary or secondary street frontages. (C) Buildings sited at irregular or random angles to the street are prohibited. (D) Multiple or attached building complexes shall maintain a consistent street orientation and shall also maintain a parallel or perpendicular orientation to each other. (E) Multi-story commercial/mixed-use buildings shall maintain a minimum commercial façade height for the first floor retail of fifteen feet (15'). (F) Gaps between buildings that interrupt the streetwall are prohibited except for pedestrian pathways and service alleys within long blocks. Such pedestrian pathways and service alleys should link the primary streets to parking areas and public spaces located behind buildings, and be no greater than fifteen feet (15') wide. (G) The façade of any single-story commercial/mixed-use building shall be at least twenty-two feet (22') in height. 26 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (H) All sides of any free-standing single-user "outlot" retail buildings shall include four-sided design (i.e., be designed and detailed with each façade having the same level with similar materials and details). (I) Multi-story mixed-use buildings shall not have a continuous uninterrupted façade greater than sixty feet (60') in height or length. (J) Upper floor residential/office uses are required to provide façade or roof form articulation along with building fenestration changes to accentuate the mixed-use character of the building. (K) Terraces and balconies, if incorporated, shall be designed so as not to protrude beyond the primary building façade. (3) Commercial/Mixed Use Building Shapes (A) Roofs shall be hipped, gabled, or flat with a parapet. Parapets shall range between three and five feet (3'-5') in height. (B) Mansard, mock mansard, and barrel roofs as the main roof style are prohibited. (C) Eaves shall have . --•-• . . . . _ . -- ' . - : a maximum overhang of three feet (3'). (4) Commercial/Mixed Use Building Setbacks (A) Off-street parking areas located between the building and street are prohibited. (B) The maximum front building setback shall be five feet (5') to maintain the streetwall. (C) Corner buildings shall have a maximum setback of five feet (5') from the primary and secondary street property line to hold or frame site corners along both street frontages. (D) Buildings shall have a zero foot (0') side setback from the interior side property line, except for pedestrian access through the site. (E) Pedestrian access areas shall not exceed a maximum of fifteen feet (15') wide. 27 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (F) Pedestrian areas between buildings are prohibited unless necessary for access to/from off-street parking areas to store entrances. (5) Commercial/Mixed Use Building Design (A) Multiple building developments using one overall architectural theme shall include varied roof forms, façade treatments, sign bands, and details to create the effect of a traditional neighborhood retail street which developed over many years. (B) Building façades shall include design elements(i.e. height of a wall or cornice or parapet line, window lines, belt courses or other horizontal design elements) that substantially replicate the pattern of abutting buildings or sections of the same building. (C) Mixed-use buildings shall express a clear defined retail base,middle, and top. (D) Building architectural details and features include but are not be limited to cornices,belt courses, window bays, variations in wall plane, and roof features. (E) Blank or windowless elevations that face primary or secondary streets are prohibited. Walls which do not included window glazing or storefront entrances shall be articulated by the provision of: faux windows trimmed with frames, sills, lintels, awnings; murals; or similar elements. (F) Street-facing façades of buildings with fifty feet (50')feet or more of horizontal length shall include the use of vertical bays between twenty- five to thirty feet (25')to-this (30') feet in width to give the appearance of small, individual storefronts. Techniques for implementation include changes in articulation of plane of the building facade such as vertical bays, columns and reveals. Columns or reveals, if used, shall not be less than eighteen inches (18")inohea in width. (G) First-floor retail on a street facing façade shall have a minimum window surface of sixty percent (60%) and maximum of seventy-five percent (75%). Upper-floor residential or office shall have a minimum window surface of twenty-five percent (25%) and maximum of forty percent (40%). 28 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District and shall be limited to ten-percent (10%) of facades facing streets, sidewalks or parking areas. (D) Roofs, if sloped, shall be clad in cedar shake wood, fiberglass, asphalt shingles,tile or real/synthetic slate and shall meet all standards required by the City building code. Standing seam finished metal roofing should be used for accent purposes only and shall be limited to fifteen-percent (15%) of the roof surface area. (E) Windows and doors shall be constructed of colored clad wood or painted metal and clear glass. Mill finish (non-colored) aluminum door and window frames are prohibited. Anodic coatings, copper, and brass finishes are acceptable alternates. (8) Commercial/Mixed Use Building Color (A) Bright colors are prohibited as primary building colors but may be used for subtle trim accents in amounts not to exceed ten-percent (10%) of the façade area. (9) Commercial/Mixed Use Building Projections (A) Building entrances shall be visible from the street. Architectural elements, canopies, and lighting shall help to identify entrances. (B) Pedestrian pass-throughs, arcades or paseos, and other like permanent architectural features shall be finished on all their surfaces with the same quality and types of materials as a building exterior in compliance with these guidelines. (C) Retractable and internally lit awnings are prohibited. (D) A standard clear awning height shall be eight and a half feet(8'6") above the sidewalk. (10) Commercial/Mixed Use Mechanical Equipment and Utilities (A) Mechanical equipment and utilities shall be hidden from view along all primary and secondary street frontages. (B) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. 30 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (C) Rooftop mechanical equipment shall be screened by the roof form or a solid screen constructed of materials similar to those of the primary facade. Perforated or louvered screens may be used. (D) Vents, gutters, downspouts, flashings, electrical conduits, and other appurtenances shall be painted to match the adjacent surface unless being used expressly as an accent material. (E) Window-mounted air conditioners are prohibited. Wall or in-wall mounted air conditioning condensing equipment is prohibited facing streets or pedestrian ways. (11) Commercial/Mixed Use Decorative Fencing (A) Wood, chain-link, and barbed-wire fencing is prohibited. (B) Decorative three foot (3') height masonry walls may be used in conjunction with landscaping to provide screening. Decorative masonry walls shall incorporate the same or complementary materials and detailing as adjacent buildings and streetscape. • —'--•--�"-"'rte E.i::ire ur..a aed Iandsnpe aonx•.r afore :wet: ,x-tn Sene. (12) Commercial/Mixed Use Outdoor Cafes and Seating Areas (A) Outdoor cafes and seating areas shall so be located as to maintain a minimum useable sidewalk width of not less than six feet (6'). (B) Sidewalk cafes shall obtain a seasonal permit from the City of South Bend. 31 Ord. No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District (13) Commercial/Mixed Use Landscape Guidelines (A) Parkway Tree Lawn Plantings—All plantings within the parkway tree lawn shall obtain approval of the South Bend Board of Public Works. 32 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (14) Commercial/Mixed Use Off-street Parking and Service Areas (A) Parking and service areas shall be located at the rear of the building. With the exception of on-street parking, parking and service areas that front primary and secondary streets are prohibited. NOT L L ALLOWED L ALLOWED Lam. LL L l ` L 040 L \. L 4. L L L L+. PRIMARY SIRII 7 L L LL L LL L Lt, L `L I O b ( -4— l 1 t MOT L � ALLOWED ALLOWED L L L lb- 1 tt (B) Dedicated off-street parking for individual businesses is prohibited,with the exception of drop-off/pick-up type service businesses, which may provide one dedicated space per business, during business hours. Multi- use buildings shall provide shared off-street parking. (C) Off-street parking areas for commercial/mixed-use buildings shall be located at least fifteen feet (15') from all building façades. (D) Where alleys are used in a commercial/mixed-use area as a means for access to and from off-street parking areas, the width of such alleys shall 33 Ord.No.: 9495-04 Section 21-06-03 DRAFT 9.1.2015 NNZO District be at least eighteen feet (18') wide. rtrt� NOT ALLOWED }� d l G1 EC ED 4J Ids D1 00 4 GL 0) EQ 3 t8 ® BO 1 EL_ ALLOWED (E) Where applicable, curb-cuts should be placed to maximize the number of on-street (curb)parking spaces. (g) Signs Any new sign shall comply with the following regulations: (1) Single Family Residential Single Family Residential uses shall be permitted signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the SBZO applicable to the single family dwellings or single family platted subdivisions. (2) Multi-Family Residential Multi-family residential uses shall be permitted freestanding identification signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the SBZO applicable to the multifamily dwelling uses provided that: (A) the maximum height of a freestanding identification sign may be up to eight feet (8') feet above grade; and (B) there shall be no minimum setback for such freestanding identification sign provided such signs shall not encroach into any public right-of-way or clear sign area regulated by Section 21-01.01 (t)—Clear Sight Area Requirements of the SBZO. 34 Ord.No.: 9495-04 DRAFT 9.1.2015 Section 21-06-03 NNZO District (3) Commercial / Mixed-Use Commercial / Mixed-Use buildings shall be permitted signs in compliance with the provisions of Section 21-07.03 (e) On-Premise Signs: MU & CBD Districts of the SBZO applicable to the MU District provided that: (A) Building identification signs shall be limited to one (1) sign per building being either: a parapet mounted wall sign not to exceed forty(40) square feet in area; or, a grand projecting sign not to exceed eighty (80) square feet in area. (B) In addition, each tenant/use within a building shall be allowed one (1) business identification sign per frontage of the tenant/use limited to either: a fascia mounted lower level wall sign not to exceed twelve(12) square feet in area per sign; or, a blade sign not to exceed twelve (12) square feet in area per sign. Filed : , `:office :_` 22Z015 iv CITY CLER. a•,r S'OU n I1E-ND,IN 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED 35 REFERRED Ord.No.: 9495-04 PASSED LAWRENCE P. MAGLIOZZI EXECUTIVE UIREC1 Angela M. Smith Deputy Director qpic REA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 4E601 (574) 235-9571 Wednesday, September 16,2015 3 ) 6 A. /33- 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 John&Wendy Bognar to zone from MU Mixed Use District to CB Community Business District and seeking the following two variances: I)from the required minimum 39 off-street parking spaces to 0;and 2)from the required foundation landscaping to none,property located at 2906,2910 and 2920 Mishawaka Avenue, City of South Bend-APC#2750-15. Dear Council Members: I hereby Certify that the above referenced ordinance of John& Wendy Bognar was legally advertised on Thursday, September 03,2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15, 2015 took the following action: Upon a motion by Gerry Phipps, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of John&Wendy Bognar to zone from MU Mixed Use District to CB Community Business District, property located at 2906, 2910 and 2920 Mishawaka Avenue, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. This rezoning is a responsible,adaptive- reuse of an existing building on a well-established commercial corridor. 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, Lawrence P. Magliozzi Attachment CC: John& Wendy Bognar Lance Huffer, DVM Chester, Inc.Att: Steve DeBold SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA St ROSELAND www.STIOSEPNCO UNTYIN OIANA.COM/AREAPLAN Staff Report 9/4/2015 Utilities: This site is served by municipal sewer and water. Agency Comments: The County Surveyor offers a favorable recommendation. City Engineering offers a favorable recommendation, subject to the following conditions: 1) The vacation of the alley as shown on the preliminary site plan,along with the following two conditions: a)dedication of an easement at the southeast corner of the building to accomplish turns by long utility trucks; and b)closure of the existing Mishawaka Avenue alley approach with curb and sidewalk; 2) Renewing the pavement in the east-west alley south of the building and the two alleys leading to Nursery Court(since they will be the primary access to the loading area); 3) Providing a drainage plan for the site, which retains surface water on site, including roof drainage. Any roof drains currently connected to sanitary sewer shall be disconnected; 4) Upgrading the sewer lateral(s)serving the building to the size and standard needed for veterinary use; and 5) Provide details for ADA compliant sidewalk at the driveway approach crossing on Mishawaka Avenue. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the future land use map, and Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The future land use map identifies this area as mixed use. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Mishawaka Avenue has a mix of residential and commercial uses. This portion of the commercial corridor is primarily mixed use with LB Local Business District at the intersection of Mishawaka and 30th Street. 3. Most Desirable Use: The most desirable use for this site is one that is consistent with the mixed use nature of Mishawaka Avenue. 4. Conservation of Property Values: Due to the established commercial nature of the area, surrounding property values should not be adversely affected. APC # 2750-15 Page 2 of Staff Report 9/4/2015 Utilities: This site is served by municipal sewer and water. Agency Comments: The County Surveyor offers a favorable recommendation. City Engineering offers a favorable recommendation, subject to the following conditions: I) The vacation of the alley as shown on the preliminary site plan,along with the following two conditions: a)dedication of an easement at the southeast corner of the building to accomplish turns by long utility trucks;and b)closure of the existing Mishawaka Avenue alley approach with curb and sidewalk; 2) Renewing the pavement in the east-west alley south of the building and the two alleys leading to Nursery Court(since they will be the primary access to the loading area); 3) Providing a drainage plan for the site, which retains surface water on site, including roof drainage. Any roof drains currently connected to sanitary sewer shall be disconnected; 4) Upgrading the sewer lateral(s) serving the building to the size and standard needed for veterinary use; and 5) Provide details for ADA compliant sidewalk at the driveway approach crossing on Mishawaka Avenue. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the future land use map, and Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The future land use map identifies this area as mixed use. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Mishawaka Avenue has a mix of residential and commercial uses. This portion of the commercial corridor is primarily mixed use with LB Local Business District at the intersection of Mishawaka and 30th Street. 3. Most Desirable Use: The most desirable use for this site is one that is consistent with the mixed use nature of Mishawaka Avenue. 4. Conservation of Property Values: Due to the established commercial nature of the area, surrounding property values should not be adversely affected. APC # 2750-15 Page 2 of 3 Staff Report 9/4/2015 5. Responsible Development And Growth: It is responsible growth and development to allow this site to be used to its full commercial potential. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and two 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 minimum 39 off-street parking spaces to 0; and 2) from the required foundation landscaping to none. 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 site will be served by off-site off-street parking from the lot east of the alley. The absence of foundation landscaping will be consistent with the rest of the businesses along Mishawaka Avenue. (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 variances requested will not impact surrounding properties. There is a parking lot adjacent to the property which will service the use of this site. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The entire length of both facades contain hard surface improvements up to the foundation. Strict application of the ordinance would require those to be removed, which would interfere with pedestrian and vehicular traffic. 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. The staff recommends approval of both variances. Analysis: This rezoning is a responsible,adaptive-reuse of an existing building on a well-established commercial corridor. APC # 2750-15 Page 3 of 3 iiihs, ... N,A,• 'fi .;1.,,, Il; �+� I n f — , + REZONNG' ' `�? #2750=� 5 i , - _:>y y Ot. � _ N ' R t : � . ' : .^ 4 \i,p* .1 C n' b ' ; . ► ' x017 , ' ;L t .eI • " I: . - , 'Y.i P ty�~ y Y " . + }• a I I: .V. *I.', 4k.;Al..' 1 . . i . . ..,„ , . ., - , 4"tribe ' .11 .. Y a .;� .-1 -74'! I «fir, +, �' 1•�' a t�- �� Ia _ { II I a s �� t r. I,�I �. 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O_ { :4 c ` I ' I - � �,.p7-...;•F Ffit` '1 .4..." ,.,•. 4. • ' 1, > _. f I. � " ,.. _•_^ t.. _ x.:; SY '° Nutsa ry .. _ ♦ { , i i*,:.;., ..:4•44:-.:i. • '.,••• ":,-.-• p 7 ,F, r l'i' ' . •.. . ;4110. 1:-.tt.: • 7.6.'-r-,---- --'''• " ' - i A-,.• -... .) , - -7-- ..;1 & /Oh, , ... 0. r, ....::,_..." -' -.-,--.-.- - „••.-.' .. .. ... .3,, a rt ?l y _ —._—,-7.71'...,"".'-:-� —tea Zj" ___ ' ." l } t itig G E�.�rr• ', h ��i', �,•' Ott -I -t �p -` 'ar• ► 1 .� ,. pl f �., try, II j � ..,k - 't inch'= '1�0 feet 11� •• -to, ,��_: PORTAGE,�TOWNSH I P. 5+, A . .• >__ . .: , �_`_...., `ice , .„ ...,,,:,4. 3 n yt i ..r: w 1 SF2 t;, `Sfi' I .,�.-, SF2 ---. - - bd, ' .a."./yh ± s a, It.': 4 T {r 'h . ., t xt, • 1— • i _ as i I `u ,+,,- r - 4N w r M fl >R. . Z S.no OBE. MF11 Mfii , . 3+ �, 0;; MU �, t' 7r. y 4,„,!,--1- 'o'• I' ,, I I .i ,: ----t-- 9 L1 1o1 , - iii _ irMishawaka 1. _ v.-I rfl!i . . . / . , MU Ar SFZ� Y _ I� 4 �I f ,. SF SF2'` . C-1 I. r. ,c,, — `t, E., ,_ _ ., I t SF2_ 'F ' I_ r - F' I t I � � I 1 - ;- Nursery +,y.{�yn�'� :_J k I 1 i, r SF2 — Y SF2s ,-'«.. E , SF2 r SF yr . , SF2 ■ C:, - ' 1 � �� i r t' r. ! .T- i Y i 0. . ._.. iiiiiii 1 I i . •-etSF2 iii.11 ___ _�-- Rezoning from: "MU" MIXED USE DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT N MASTER ZONING KEY 41-111?,*, SOUTH BENC"SF2'SINGLE FA M I LY A N C TWO FAMILY CISTRICT ,1 . • SOUTH BEND•"V F,"URBAN CORRIDOR V ULTIFAf,ILY CISTRICT S SOUTH BEND 0E OFFICE BUFFER DISTRICT 1 inch = 100 feet SOUTH B ENC'"1,M U I/IX EC USE DISTRICT SOUTH BEND LB LOCAL BUSINESS DISTRICT APC # 2750-15 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906, 2910, AND 2920 MISHAWAKA AVENUE, SOUTH BEND, IN 46615, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTIES ARE LOCATED AT 2906,2910,AND 2920 MISHAWAKA AVENUE AND IS CURRENTLY ZONED MU-MIXED USE. WE ARE REQUESTING TO REZONE THE PROPERTIES TO CB- COMMUNITY BUSINESS AND ALSO REMODEL AND MAKE IMPROVEMENTS TO THE PROPERTY IN ORDER TO OPERATE A VETERINARY HOSPITAL WITH INDOOR PATIENT BOARDING AT THIS LOCATION. 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: LOT 16 AND 17 OF NURSERY PLACE SUBDIVISION,LOT A RIVER PARK. LOT 21 OF NURSERY PLACE SUBDIVISION, LOT A RIVER PARK. AND 42 1/4 FEET OF THE WEST END OF LOTS 1 AND 2, EGGLESTONS 1ST ADDITION. 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 20 ,at o'clock .m. City Clerk Approved and signed by me on the day of ,20 , at o'clock .m. Mayor of the City of South Bend,Indiana Filed in Clerk's Office 10 READING �'-l,O-lSi AUG 4 2015 PUBLIC HEARING _ 3 rd READING JOHN V oOR€) NOT APPROVED CITY CLERK,SOUTH BEND,IN REFERRED P\,f- g--0-1.J.- PASSED - I 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: 2906, 2910, and 2920 Mishawaka Avenue, South Bend, Indiana 2) The property Tax Key Number(s) is/are: 018-6043-1409, 018-6043-1408, 018-6045-1457 3) Name and address of property owner(s) of the petition site: John and Wendy Bognar 2910 Mishawaka Avenue South Bend, IN 46615 574-210-6153 Name and address of additional property owners, if applicable: N/A 4) Name and address of contingent purchaser(s), if applicable: Lance Huffer, DVM 2621 West Mishawaka Avenue South Bend, IN 46615 574-282-2303 Name and address of additional property owners, if applicable:N/A 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District N/A To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Veterinary Hospital with Indoor Patient Boarding 7) If applicable, a detailed description and the purpose of the variance(s)being requested: Section 21-07.04, Table 21-07.04 E. According to the ordinance One(1)parking space is required per every four-hundred(400)square feet of gross floor area. The existing building is 15,797 sqaure feet and will have 6-8 exam rooms with up to 3 doctors at the facility at one time. We are asking for a reduction of parking spaces from 39 spaces to 0 spaces because the majority of the parking spaces for this property are located adjacent to the building within the alley and also east of the alley at 2920 Mishawaka Avenue belonging to the owner. 39 parking spaces is more spaces than are needed to run the proposed business. 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: This approval will not be injurious to the public health, safety, morals and gereral welfare of the community because our plans are to take an existing vacant building and parking lot and improve upon it. The building along with the parking lot will receive improvements. Currently with the old busines, customers would park on the east side of the parking lot within the desiganted striped parking spaces but also along the building within the alley way. Our plans are to vacate the alley, stripe areas along the building where cars already park, move the entry drive east and away from the building creating a much safer approach into the parking lot and also create some upfront landscaping to soften the impact of the parking lot. (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: With the proposed improvements to the existing building and parking lot will only add value and function for the community and the surrounding properties. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: There simply is not enough space to allow 39 parking spaces on this property. However, we strongly feel that the proposed parking spaces shwon along with overflow off-site parking is more than sufficient for proper and safe operation of this facilty at this location. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) 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: Steve DeBold- Chester, Inc. 555 Eastport Centre Drive Valparaiso, IN 46383 219-465-7555 steved@chesterinc.com Signature(s) of all property owner(s), or signature of Attorney for all"property owner(s): 94mt." 9.. aiii....„..„ Filed in Clerk's Office Auc � a2ati5 JOHN VOc' ;`,. CITY CLERK,Will ?c ND,IN S C tl 00 3 )-tom C LAWRENCE MAGI OI EXECUTIVE DIRECTOR DIREECC TOR Angela M. Smith Deputy Director AREA pPLAN 1 COMMISSION OF ST. JOSEPH COUNTY, IN Wed'nesday,FSteptemberY`6, LUI) 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 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 Five Corners LLC to zone from SF2 Single Family& Two Family District to OB Office Buffer District, and seeking a Special Exception Use to allow for food sales and services and personal services, and requesting the following two variances: 1)From the required landscaping of the required perimeter yards to 2 evergreen trees and I deciduous shade tree on the north property line and 3 deciduous shade trees on the south property line;and 2)From the required off-street parking area screening on the north, east,and west property lines to the existing 6'privacy fence,property located at 706 Eddy Street and 1 111 Bissell Street,City of South Bend-APC#2751-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Five Corners LLC was legally advertised on Thursday, September 03, 2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15,2015 took the following action: Upon a motion by Dan Brewer, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of Five Corners LLC to zone from SF2 Single Family&Two Family District to OB Office Buffer District, property located at 706 Eddy Street and 1 1 1 1 Bissell Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Eddy Street(S.R.23) is a heavily traveled arterial corridor. Rezoning this site to OB Office Buffer District with the limited Special Exception Uses permitted will allow for a responsible adaptive-reuse, while providing a buffer between the residential neighborhood and S.R. 23. Upon a motion by Dan Brewer being seconded by Oliver Davis and unanimously carried, the Special Exception Use to allow for food sales and services and personal services is sent to the Common Council with a FAVORABLE RECOMMENDATION. 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 c3 Lawrence P. Magliozzi Attachment CCEI CdrTn-`n EUCCOUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STJOSEPH COO NTYIN DIANA.COM/AREAPLAN Staff Report 9/4/2015 APC# 2751-15 Owner: Five Corners LLC Location: 706 Eddy Street and 1111 Bissell Street Jurisdiction: City of South Bend Public Hearing Date: 9/15/2015 Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District to OB Office Buffer District, seeking a Special Exception Use for Food Sales and Services and Personal Services, and seeking two variances from the development standards. Land Uses and Zoning: On site: On site is an existing building with an adjacent parking lot which has been used as a church. North: To the north are single family homes zoned SF2 Single Family&Two Family District. East: To the east are single family homes zoned SF2 Single Family& Two Family District. South: To the south across Bissell Street are single family homes zoned SF2 Single Family&Two Family District. West: To the west across Eddy Street are single family homes zoned SF2 Single • Family&Two Family District. District Uses and Development Standards: The OB - Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures,this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site Plan Description: The site consists of two lots with frontage on both Eddy Street and Bissell Street,and totaling 0.24 acres in size. There is an existing 1500 square foot building on the southwest corner of the site which previously served as a church. A parking lot providing 13 spaces is located on the east,with access to Bissell Street. Several existing trees exist on site, along with a 6'privacy fence around the parking lot. Additional trees and landscaping will be placed on site to screen from the adjacent properties. Zoning and Land Use History And Trends: Prior to the adoption of the zoning ordinance in 2004,this site was zoned residential. Traffic and Transportation Considerations: Eddy Street has four lanes. Bissell Street has two lanes with on-street parallel parking. APC# 2751-15 Page 1 of Staff Report 9/4/2015 Utilities: This site is served by municipal sewer and water. Agency Comments: County Surveyor recommends approval. City Engineering has not yet made comment. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006). Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The future land use map identifies this area as medium-density residential. Plan Implementation/Other Plans: The South Bend Northeast Neighborhood Development Area Plan identifies the following goals: 1: To ensure neighborhood stability and sustainability for the benefit of the current and future residents and business owners; and 4: To create employment opportunities through new retail and commercial development. 2. Current Conditions and Character: Eddy Street between Sorin Street and Campeau Street is primarily residential. The Perley Primary Fine Arts Academy elementary school is located on the northeast corner of Eddy and Campeau. Several non-residential uses are scattered along the Eddy Street between Campeau Street and South Street,with growing intensity and concentration as you move south. 3. Most Desirable Use: The most desirable use is one that promotes the economic development of South Bend while limiting the impact on surrounding residential properties. 4. Conservation of Property Values: The privacy fence and landscaping will provide screening between the site and surrounding properties, which should not be adversely affected. 5. Responsible Development And Growth: It is responsible growth and development to allow office-buffer uses to develop along arterial corridors. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and two variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Common Council with or without a recommendation and either approve or deny the variances. APC# 2751-15 Page 2 of Staff Report 9/4/2015 State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. The Special Exception Use is for Food Sales and Services and Personal Services. A special exception use may only be granted based upon the evidence presented at a public hearing,that: (1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. This site has previously been used as a church. The proposed Special Exception Uses are low-impact uses appropriate for a major corridor and should not generate additional traffic to the site. (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The property was previously used for non-residential uses. With proper screening, adjacent properties should not be adversely impacted. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is an adaptive reuse of an existing building. No major modifications are planned that would change the character of the area. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan. The comprehensive plan encourages a compatible mix of uses in the community. The variances are as follows: 1. from the required landscaping of required perimeter yards to 2 evergreen trees and 1 deciduous shade tree along the north property line and 3 deciduous shade trees on the south property line; and 2. from the required off-street parking area screening on the north,east,and west property lines to the existing 6' privacy fence. (I)The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The proposed privacy fence will provide the full screening buffer intended in the ordinance. The reduction in landscaping will not be injurious to the public health and safety. (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 amount of proposed landscaping is sufficient for the size of this site. The 6'privacy fence will screen the parking lot from the surrounding properties. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Due to its small size and dual-frontage, strict application of the ordinance would make the site difficult to develop. Recommendation: Based on information available prior to the public hearing, staff recommends that the rezoning petition and Special Exception Use be sent to the Common Council with a favorable recommendation. Staff recommends approval of both variances. Analysis: Eddy Street(S.R. 23) is a heavily traveled arterial corridor. Rezoning this site to OB APC # 2751-15 Page 3 of 4 Staff Report 9/4/2015 Office Buffer District with the limited Special Exception Uses permitted will allow for a responsible adaptive-reuse, while providing a buffer between the residential neighborhood and S.R. 23. APC # 2751-15 Page 4 of • Z I—) z- 3 lLi.. ,,l t -,x ti 1 `'1 :f t i'. I ZT;;• y.'' _ 'Q'F k �R+� '1. z,.t ' i' it , i. I _ I ' {, ? ' 14)0 I I e 41}=_ -�'r• t �.- __X., , 2 t' ►�'Y'§' �'� E mt. y*•.-.i��.!. 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P. .i j• ., SOl1TH BEND ! ,.._: -, -- :_ =:,1_. 41.s71:1_- Iii t. . - ._ 1133; .�� 1�. _ R J - t_�Blssell• ' ; MU F.f'I M�/`7 I:i `p� V I S'l. Y-; rG J �;f t•,.—e T rr c i l P 1 ' ; Clia- .I i it- . -0111111)51Amin „ r _ I LB' . ir• ( - - �, .r - �. -- --_• Spin _ _.. - , - _ Sorin : : :. .r iu _ J 474:i:el-It �it ` y'Jl ! 11.1 0 - -,r,.4.7, ' • 4 ' lic%t k.SS+ i 4J jLIiLJ I I. MU r� ' ' ,i F'--I _ " _ __ __lt , —.] f1c.gi. - 1 I. p -I 'I•. e . t,c ,te( ._ -1"-4rY:A_ Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "OB" OFFICE BUFFER DISTRICT N MASTER ZONING KEY ► SOUTH BE ND"SF2"SIN GLE FAMILY AND TWO FAMILY DISTR ICT !li sp SOUTH BEND•1.1F1"URBAN CORRIDOR!.1ULTIFAI,1ILYDISTRICT S SOUTH BEND-MU"MIXED USE DISTRICT 1 inch = 200fee SOUTH BEND"'LB"LOCALBUSINESSDISTRICT APC # 275 1 a • 1At 5 Northeast Neighborhood Revitalization Organization 803 Lincoln Way West• South Bend,Indiana 46616 •Phone:574-289-1066• Fax:574-289-4550 September 15,2015 St. Joseph County, Indiana Area Plan Commission 1100 County-City Building South Bend, In 46601 RE: APC#2751-15 Five Corners LLC Dear Larry Magliozzi and the Area Plan Commission: During the September 9, 2015, board meeting of Northeast Neighborhood Revitalization Organization(NNRO)the aforementioned rezoning petition was discussed. After extended discussion,the NNRO board unanimously approved the proposal (including the special exception use and the two variances). The NNRO is a fully recognized private 50Ic(3)Not-For-Profit Community Development Corporation (CDC) in the State of Indiana.The NNRO exists to implement the ongoing revitalization of the Northeast Neighborhood per the Northeast Neighborhood Development Area (NNDA) Plan in partnership with the City of South Bend,the University of Notre Dame, Memorial Hospital of South Bend, Saint Joseph Regional Medical Center,The South Bend Clinic and neighborhood residents. The NNRO is pleased to support the Five Corners LLC project as part of the redevelopment of the Eddy Street South Sub-Area. We look forward to seeing the adaptive reuse of the property in question. If you have questions or require additional infonnation, please contact our partners at South Bend Heritage Foundation, Marco Mariani Executive Director, 574-235-1066(ext. 216). Thank you. Sincerely, rail Tim Sexton President FILED SEP 1 52015 AREA PLAN COMMISSION APPLICATION NO.027 c( -IS ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 706 EDDY ST AND 1111 BISSELL, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT 706 EDDY AND 1111 BISSELL ARE CURRENTLY ZONED SF2 AND ARE USED FOR A CHURCH AND PARKING LOT. WE SEEK TO CHANGE THE ZONING TO OB OFFICE BUFFER. POSSIBLE USES UNDER THE PROPOSED OB USE INCLUDE, BUT ARE NOT LIMITED TO GOVERNMENTAL USES, EDUCATIONAL USE, OFFICE/PROFESSIONAL SERVICES. WE ARE ALSO SEEING A SPECIAL EXCEPTION FOR FOOD SALES AND SERVICE AND PERSONAL SERVICES. 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: 706 EDDY STREET, SOUTH BEND, IN 46617. PARCEL 1: THE SOUTH ONE-HALF (1/2) OF LOTS NUMBERED ONE HUNDRED FOURTEEN (114) AND ONE HUNDRED FIFTEEN (115) AS SHOWN ON THE RECORDED SECOND PLAT OF PARK PLACE OR COQUILLARD AND RUSH'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, RECORDED OCTOBER 10, 1892 IN PLAT BOOK 6, PAGE 37 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNT, INDIANA. 1111 BISSELL, SOUTH BEND IN 46617 PARCEL III: LOT NUMBERED ONE HUNDRED SIXTEEN (116) IN THE SECOND PLAT OF PARK PLACE OF COQUILLARD AND RUSH'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as OB Office Buffer District. SECTION II. That a Special Exception for Food sales and service and Personal services in a OB Office Buffer 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. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana r Filed in Clerk's Office 1* READING °—Lo-f`I PUBLIC HEARING AUO 27 2015 3 rd READING NOT APPROVED I JOHN YOORDE REFERRED /�J'- S� CITY CLERK,SOUTH BEND,IN PASSED 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: 706 EDDY STREET AND 1111 BISSELL STREET, SOUTH BEND, IN 46617 2) The property Tax Key Number(s) is/are: 018-5084-2967 AND 018-5084-2968 3) Name and address of property owner(s)of the petition site: FIVE CORNERS LLC. 814 MARIETTA STREET SOUTH BEND, IN 46601 574-233-1296 AHAYES @TELECOMPARIC 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: SF2 Single Family Two Family District N/A To: OB Office Buffer District 6) This rezoning is requested to allow the following use(s): INCLUDE BUT NOT LIMITED TO: GOVERNMENTAL USE, EDUCATION USE, OFFICE/PROFESSIONAL SERVICES. WE ARE ALSO SEEKING TWO SPECIAL EXCEPTIONS FOR FOOD SALES AND SERVICE(LOW DENSITY FOOD SERVICES SUCH AS A COFFEE SHOP)AND PERSONAL SERVICES(SUCH ASA BARBER SHOP OR BEAUTY SALON). 7) If applicable,a detailed description and the purpose of the variance(s)being requested: WE SEEK THE FOLLOWING VARIANCES: 1. FROM THE REQUIRED LANDSCAPING OF REQUIRED PERIMETER YARDS TO TWO(2)EVERGREEN TREES AND ONE(1) DECIDUOUS SHADE TREE ON THE NORTH PROPERTY LINE AND THREE(3) DECIDUOUS SHADE TREES ON THE SOUTH PROPERTY LINE;AND 2. FROM THE REQUIRED OFF-STREET PARKING AREA SCREENING ON THE NORTH, EAST AND WEST PROPERTY LINES TO THE EXISTING 6'PRIVACY FENCE. 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: The variances will not be injurious to the community as they pertain to landscaping. We seek to maintain the currently exisiting privacy fence and landscaping and to augment it as recommended by the Area Plan Commission. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The area adjacent to the property will not be affected in an adverse manner as we plan to maintain the privacy fence which offers more of a buffer between the properties than would landscaping. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: A strict application of the terms of this Ordinance would result in practical difficulties in the use of the property because it would require removing the current fence and replacing it with trees and it would require us to plant trees in a small space where it would be difficult for them to thrive due to existing vegetation. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) 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: Anne Hayes 814 Marietta St. South Bend,IN 46617 574-210-5167 ahayes@telecompark.com. SignS I reloner(s), or signature of Attorney for all property owner(s): (/ C.A ak-GS C. Ka eS iR.HC a t $+-1 tieot•to PA."- Fi VC'tl Cowl ers Ga G LAWRENCE P. MGLIOZO EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 A Wednesday, September 16,2015 s"-,4 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Earth Designs Real Estates LLC to zone from PUD Planned Unit Development District to GB General Business District for Parcel 1, property located north of and adjacent to Hickory Road, and to PUD Planned Unit Development District for Parcel 2, property located west of and adjacent to 3515 McKinley,City of South Bend-APC#2753-15. -APC#2753-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Earth Designs Real Estates LLC was legally advertised on Thursday, September 03,2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15, 2015 took the following action: Upon a motion by Robert Hawley, being seconded by Phil Sutton and unanimously carried,the proposed ordinance of Earth Designs Real Estates LLC to zone from PUD Planned Unit Development District to GB General Business District for Parcel 1, property located north of and adjacent to Hickory Road, and to PUD Planned Unit Development District for Parcel 2,property located west of and adjacent to 3515 McKinley,City of South Bend-APC#2753-15., is sent to the Common Council with a FAVORABLE recommendation. This has been a difficult site for the private market to develop. Any one zoning district would limit the site's ability to be utilized for the wide range of demands sought. The rezoning of this site to a new and revised PUD allows flexibility in the design and use of the site, while adding appropriate protection to the surrounding residential areas. 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. Sincer px/ . Lawrence P. Magliozzi Attachment CC: Earth Designs Real Estates LLC Danch Harper&Associates, Inc. SERVING ST..JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W.S TJOSE P N CO V.NTTINO I A N A.CO M/AIS EAPLAN Staff Report 9/4/2015 APC# 2753-15 Owner: Earth Designs Real Estates LLC Location: the vacant parcel north of and adjacent to 603 Hickory Road and the vacant parcel west of and adjacent to 3515 McKinley Jurisdiction: City of South Bend Public Hearing Date: 9/15/2015 Requested Action: The petitioner is requesting a zone change from PUD Planned Unit Development District to GB General Business District for Parcel 1 & PUD Planned Unit Development District for Parcel 2. Land Uses and Zoning: On site: Parcel 1 is a vacant paved lot. Parcel 2 is a vacant lot with an access drive. North: To the north are single family homes zoned SF1 Single Family&Two Family District, and an access drive zoned GB General Business District. East: To the east of Parcel I across Hickory Road is a multi-tenant shopping plaza in the City of Mishawaka. To the east of Parcel 2 is an Elks Lodge zoned CB Community Business District and a self-storage facility zoned GB General Business District. South: To the south of Parcel 1 is a retail store zoned CB Community Business District. To the south of Parcel 2 across McKinley Avenue are single family homes zoned SF1 Single Family&Two Family District. West: To the west of Parcel I is a self-storage facility zoned GB General Business District. To the west of Parcel 2 are single family homes zoned SF1 Single Family& Two Family District. District Uses and Development Standards: The Planned Unit Development(PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: Parcel 1 is a 0.75 acre lot with frontage along Hickory Road, and is currently a paved parking lot. Parcel I will be required to conform to all development standards for the GB General Business District. Parcel 2 is a 15.57 acre vacant lot with frontage along McKinley Avenue. Uses for Parcel 2 will include all permitted uses in the following districts: SF1, SF2, MF2, LB, CB, and GB (to include mini warehousing and dog parks). APC# 2753-15 Page 1 of 3 Staff Report 9/4/2015 The front setback for all uses along McKinley is 25'. Side and rear-yard setbacks within the PUD will be required to be the same as specified in the zoning ordinance for each specific use. GB uses will be limited to an area located a minimum of 225'north of the right-of-way of McKinley Avenue, and a minimum of 100'from the west and north PUD boundaries. Outdoor storage of vehicles, boats and trucks may be permitted in an area located 200' south of the north boundary,200'east of the west boundary, 560'north of the right-of-way of McKinley Avenue, and 5'west of the east boundary. Any outdoor storage must be screened on all sides by an evergreen landscape screen or by a screening fence with a minimum height of 8'and a maximum height of 10'. Maximum building height for the PUD will be 4 stories or 50'. The north and west boundary of the PUD shall be screened from the adjacent property by either a minimum 6'screening fence or evergreen trees spaced a maximum of 12'on center. Zoning and Land Use History And Trends: Prior to the adoption of the current zoning ordinance in 2004,the site was primarily zoned C Commercial,with the northern 120'and the western 75'zoned B Multifamily. In 2011 the site was rezoned from CB Community Business District to PUD Planned Unit Development District for a similar mix of uses. Traffic and Transportation Considerations: Hickory Road and McKinley Avenue have four lanes with a center turn lane. Utilities: This site will be served by municipal sewer and water. Agency Comments: County Surveyor recommends approval. City Engineering recommends approval, subject to: I)the approval of a drainage plan; and 2)the connection of buildings to municipal utilities(with appropriate easements, and not to exceed the capacity of existing connections). Commitments: The petitioner is not proposing any written commitments, but will have to adhere to the development standards filed. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(November 2006): Policy LU 2.1: Encourage developers to use planned unit and traditional neighborhood development models to promotes land use compatibility in future developments, and 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 for medium-density residential. Plan Implementation/Other Plans: There are no other plans in affect for this area. APC # 2753-15 Page 2 of 3 Staff Report 9/4/2015 2. Current Conditions and Character: The McKinley Avenue and Hickory Road area is a large commercial node with a mixture of uses. 3. Most Desirable Use The most desirable use for the land is one that is compatible with the commercial and mixed-use character of the area. 4. Conservation of Property Values: Any improvements to the site, including screening, should not adversely affect surrounding property values. 5. Responsible Development And Growth: It is responsible growth and development to allow the expansion of this commercial node in a manner that is consistent with surrounding developments. Staff Comments: As noted,this site is currently zoned PUD(APC#2597-1 I). That approval specified the location of mini-warehouses, with no outdoor storage,at the northwest corner of the site. Uses similar to the current request were allowed on the balance of the site. The primary change is to allow outdoor storage in a limited area,and GB uses to a larger, but also limited area. Additional setbacks are being required on the north and west property lines, recognizing the higher intensity uses proposed. Recommendation: Based on information available prior to the public hearing, staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: This has been a difficult site for the private market to develop. Any one zoning district would limit the site's ability to be utilized for the wide range of demands sought.The rezoning of this site to a new and revised PUD allows flexibility in the design and use of the site,while adding appropriate protection to the surrounding residential areas. APC# 2753-15 Page 3 of 3 PI : l �;ft,,J� 1 .' ...• ! ' It ': , —... 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CE3 r iiimil z % 's * w SF1 -1c , , LB 411111k, J SF � in ' ' ,ba r �ti �'IISH SF1 SF1 , — �_• 1• , I I , 1 c - c—SF1 MF2 s ' o f SF1; • Rezoning from: "PUD" PLANNED UNIT DEVELOPMENT DISTRICT to "GB" GENERAL BUSINESS DISTRICT (PARCEL 1) & "PUD" PLANNED UNIT DEVELOPMENT DISTRICT (PARCEL 2) ru1ASTERZONIJG KEY N F 1S-ANAKA S�}..T^SE\:'S=1'.\;3_'_:AP_Y A\:T.10 A',1-Y:ST;CT W E SO.T-x-\3'wF2 -o-.E\iTYF.',.-T=AFA_Y:•ST:CT . -T-3E\D'0"a==w STz CT 30.T-BF.\3'_3'_OCA-5 S\ESS 2 ST=CT 5' S.,;,T COFJk„\JTYE,.S NESS-=T=ST 1 inch = 350 feet , _ ,.T-_E\3?�3 .. '2'_A`.\E_-\T_E.=_6?hE\T APC # 2753-15 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 600 BLOCK OF NORTH HICKORY ROAD AND THE 3500 BLOCK OF EAST MC KINLEY AVENUE, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT TO PUD PLANNED UNIT DEVELOPMENT AND GB GENERAL BUSINESS DISTRICT TO ALLOW FOR A MIXED USE PROJECT. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, 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 1: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 1 OF THE PLAT OF "MC KINLEY-HICKORY MINOR SUBDIVISION"AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.75 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL 2: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 3 OF THE PLAT OF 'MC KINLEY-HICKORY MINOR SUBDIVISION"AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 15.60 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. and the same is hereby established as GB General Business District for Parcel 1 and as PUD Planned Unit Development District for Parcel 2. 2 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,20 , at o'clock .m. City Clerk Approved and signed by me on the day of 20 , at o'clock .m. Mayor of the City of South Bend, Indiana g,�o . Filed in r.:c ,4 If READING PUBLIC HEARING 3rd READING NOT APPROVED ' ' ++i REFERRED /94# -, PASSED CITY CL RK,SW, T .R._ PETITION TO REZONE City of South Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject property is located at: 3500 Block of East McKinley Avenue and the 600 Block of North Hickory Road, South Bend,Indiana 46615. 2) The property Tax Key Number(s)is/are: Key#1: 18-5201-773601 &18-5201-773603 3) Name and address of property owner(s)of the petition site: Earth Designs Real Estate LLC Attn:Frank Perri 3617 McKinley Avenue South Bend,Indiana 46615 574-234-2342 E-Mail Address N/A 4) Name and address of contingent purchaser(s),if applicable: N/A 5) It is desired and requested that this property be rezoned: From: PUD Planned Unit Development District To: GB General Business District for Parcel 1&PUD Planned Unit Development District for Parcel 2. 6) This rezoning is requested to allow the following use(s): Uses permitted in GB General Business District and Mixed-Use Development in the PUD. 7) Attached,and made a part of this PETITION,is: (a) a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (b)six(6)site plans;and (c)addressed,stamped envelopes for all property owners within 300 feet of the petition property. • 8) BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN.SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. 2 Signature(s)of All Property owner(s),or signature of ttorney for a,operty owner(s): Earth Designs Real Estate LLC Attn:Frank Perri 3617 McKinley Avenue South Bend,Indiana 46615 574-234-2342 E-Mail Address N/A PETITION PREPARED BY&CONTACT PERSON: Name: Danch,Harner&Associates,Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003 =Ian ch @danchharner.corn Filed in C4;:? °s Office 'ii VO u;LL-! - JQIik CLERK,SOUTH ;4,..o, IN qJc LAWRENCE P. MAGLIOZZ EXECUTIVE DIRECTOR Angela M. Smith Dep o ty' Dlrectnr AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTFI BENI), INDIANA 46601 (574) 235-9571 • Wednesday, September 16,2015 ir The Honorable Council of the City of South Bend �/ 39 - 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Studebaker Building 84 LLC to zone from GI General Industrial District to PUD Planned Unit Development District,property located at 635 S. Lafayette Boulevard,City of South Bend- APC#2752-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Studebaker Building 84 LLC was legally advertised on Thursday, September 03, 2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15, 2015 took the following action: Upon a motion by Oliver Davis,being seconded by Robert Hawley and unanimously carried,the proposed ordinance of Studebaker Building 84 LLC to zone from GI General Industrial District to PUD Planned Unit Development District, property located at 635 S. Lafayette Boulevard, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning to Planned Unit Development District will allow for a unique mix of uses that will provide creative redevelopment of an abandoned industrial property. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, n Lawrence P. Magliozzi 3� Attachment CC: Studebaker Building 84 LLC Danch, Harper&Associates, Inc. SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W.S Tj O S E P H C O U N T Y IN D I A N A.0 OM/A R E Ap L AN Staff Report 9/3/2015 APC # 2752-15 Owner: Studebaker Building 84 LLC Location: 635 S. Lafayette Boulevard Jurisdiction: City of South Bend Public Hearing Date: 9/15/2015 Requested Action: The petitioner is requesting a zone change from GI General Industrial District to PUD Planned Unit Development District. Land Uses and Zoning: On site: On site is a former Studebaker assembly plant. North: To the north across the railroad tracks is the former Union Station and a sheet metal business zoned CBD Central Business District. East: To the east across Lafayette Boulevard are industrial and office buildings zoned 0 Office District and LI Light Industrial District. South: To the south is the South Bend City Services Facility and the St. Joseph County Correctional Facility zoned GI General Industrial District. West: To the west is the South Bend City Services Facility zoned GI General Industrial District. District Uses and Development Standards: The Planned Unit Development(PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: The total area of the site is 13.2 acres with over 750,000 square feet of existing industrial buildings. The buildings range in height from 2-6 stories and are built up to the 0' lot line along Lafayette Boulevard. Primary permitted uses may include: educational, entertainment, hotel/lodging, industrial, office,personal services, residential, restaurants, retail, warehousing, manufacturing retailer,and utility uses. Prohibited uses include adult businesses. A future 5 level parking garage is proposed between the existing buildings and the jail, with landscaping along its south façade. The architectural facades of the parking garage must be consistent with the facades of the primary buildings. The first floor of the parking garage may include retail along Lafayette. Landscaping will be provided along the south façade of the primary building and parking islands will be required in the surface parking lot until the proposed garage is constructed. APC # 2752-15 Page 1 of 3 Staff Report 9/3/2015 Zoning and Land Use History And Trends: Prior to the adoption of the zoning ordinance in 2004,the site was zoned industrial. Traffic and Transportation Considerations: Lafayette Boulevard has two lanes with on-street parallel parking on both sides of the street. Utilities: This site is served by municipal sewer and water. Agency Comments: County Surveyor offers a favorable recommendation. City Engineering offers a favorable recommendation, subject to the approval of a drainage plan that disconnects roof drains from the sanitary sewer system. Commitments: The petitioner is not proposing any written commitments, but will need to adhere to the development standards filed. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the future land use map, Policy H 1.3: Encourage the development of mixed-use buildings, and Objective EM 3: Facilitate the productive reuse of brownfield properties. Land Use Plan: The future land use map identifies this area as light industrial. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The area south of the railroad line between Arnold Street and Lafayette Boulevard has developed as industrial. The Central Business District starts just north of the railroad. 3. Most Desirable Use: The most desirable use of this site is one that promotes economic and residential sustainability in support of downtown South bend and its central business district. 4. Conservation of Property Values: Due to the industrial nature 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 abandoned brownfield site to be converted into a mixed-use development. APC# 2752-15 Page 2 of 3 Staff Report 9/3/2015 Staff Comments: The staff has no additional comments. 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. Analysis: Rezoning to Planned Unit Development District will allow for a unique mix of uses that will provide creative redevelopment of an abandoned industrial property. 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AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 635 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL BUSINESS DISTRICT TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A PROJECT COMPRISED OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL MIXED USES. 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: A PART OF THE SOUTHEAST QUARTER OF SECTION 11 AND A PART OF THE SOUTHWEST QUARTER OF SECTION 12 ALL IN T.37 N., R. 2 E., CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF TRACT NO. 3 OF THE PLAT OF "STUDEBAKER CORPORATION REPLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 184 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 00°12'20" E.,(BEARINGS ASSUMED) ALONG THE EAST LINE OF SAID TRACT, SAID LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF LAFAYETTE BOULEVARD, A DISTANCE OF 690.31 FEET MORE OR LESS; THENCE S. 89°42'54" W., A DISTANCE OF 598.20 FEET MORE OR LESS; THENCE N. 00°40'02" W., A DISTANCE OF 286.76 FEET MORE OR LESS; THENCE N. 89°36'07" W., A DISTANCE OF 66.16 FEET MORE OR LESS; THENCE N. 00°12'30" W., A DISTANCE OF 120.78 FEET MORE OR LESS; THENCE N. 24°46'30" W., A DISTANCE OF 91.77 FEET MORE OR LESS; THENCE N. 89°29'14" W., A DISTANCE OF 310.35 FEET MORE OR LESS TO THE CENTERLINE OF VACATED UNITED DRIVE (AKA PRAIRIE AVENUE); THENCE N. 29°30'09" E. ALONG THE CENTERLINE OF SAID VACATED RIGHT- OF-WAY A DISTANCE OF 286.00 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD) EXTENDED EAST ACROSS SAID VACATED UNITED DRIVE (AKA PRAIRIE AVENUE); THENCE ALONG SAID EXTENDED LINE AND THE SOUTH RIGHT-OF-WAY LINE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD), S. 86°58'05" E.,A DISTANCE OF 727.68 FEET MORE OR LESS; THENCE S. 00°23'49" E. A DISTANCE OF 9.96 FEET MORE OR LESS TO THE NORTH LINE OF SAID TRACT NO. 3; THENCE S. 89°31'59" E. ALONG SAID NORTH LINE A DISTANCE OF 348.74 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 13.18 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. and the same is hereby established as PUD Planned Unit Development District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock .m. City Clerk Approved and signed by me on the day of 20 , at o'clock .m. Mayor of the City of South Bend, Indiana Filed ivt C Office I* READING r'1-3 l�/ PUBLIC HEARING RE 3rd READING NOT APPROVED REFERRED A.p- -L' CITY CLERK,SOUTH SEND,IN PASSED PETITION TO REZONE City of South Bend, Indiana I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject property is located at: 635 South Lafayette Boulevard, South Bend, Indiana 46601 2) The property Tax Key Number(s)is/are: Key#1: 18-3043-165402, 18-3043-165409 & 18-3043-164508 3) Name and address of property owner(s)of the petition site: Studebaker Building 84 LLC 6561 Lonewolf Drive, Suite 100 South Bend, Indiana 46628 574-993-5840 E-Mail Address N/A 4) Name and address of contingent purchaser(s),if applicable: N/A 5) It is desired and requested that this property be rezoned: From: GI General Industrial District To: PUD Planned Unit Development 6) This rezoning is requested to allow the following use(s): Mixed-Use, Residential, Commercial and Industrial Development. 7) Attached,and made a part of this PETITION,is: (a) a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (b)six(6)site plans;and (c)addressed,stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. 2 Signature(s)of All Property owner(s),or signature of Attorney for all property owner(s): ete-C:)-----Studebaker Building 84 LLC 6561 LonewoliDrive, Suite 100 South Bend,Indiana 46628 574-993-5840 PETITION PREPARED BY&CONTACT PERSON: Name: Danch, Harper&Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003 mdanch @danchharner.corn Filed in cork:s office AUG - 5 2016 CITY CLERK,SOUTH BEND,IN 90, f `F ---c 1' 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. Attest: Member, South Bend Common Council al Mk 9OAIYt Amide on City Clerk opportunity for public heeling and Council a ct bn co this Ibis Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of , 2015, at o'clock . m City Clerk, Deputy Approved and signed by me on the day of , 2015, at o'clock, _.m Mayor, City of South Bend, Indiana Filed in Clerk's Office G I* READING 6 Z1/44—t' - PUBLIC HEARING I AUG. 19 2015 3 rd READING NOT APPROVID JOHN kiaciNSi:R REFERRED CITY CLERK,SOUTH BEND,IN PASSED 8 or trans pa south bent public transportation corporation Via Hand Delivery August 19, 2015 Mr.Tim Scott President-City of South Bend Common Council County-City Building-Room 400S 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. Tranpso'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. Sin David Cangany General Manager, South Bend Public Transportation Corporation (574)232-9901 • FAX (574)239-2309. 1401 South Lafayette Blvd •South Bend, IN 46613 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 2016 Expense Projection 1 2016 Appropriations 2 2016 Budget Assumptions 3 2016 Budget Policy Statements 4 2016 Budget Summaries by Category—All Accounts 6 2016 Capital Requirement 6 16 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 2016 REVENUE PROJECTION %CHANGE-2016 BUDGET VS.Actual 2016 2015 2014 2016 2014 SOURCE BUDGET BUDGET ACTUAL BUDGET ACTUAL FAREBOX $ 1,504,253 $ 1,421,919 $ 1,432,235 5.79% 5.03% ADVERTISING $ 72,000 $ 72,000 $ 72,000 0.00% 0.00% LEASE REVENUE $ 174,516 $ 174,516 $ 174,527 0.00% -0.01% CONCESSIONS AND MISCELLANEOUS $ 68,500 $ 68,500 $ 20,667 0.00% 239.45% INTEREST INCOME $ 12,985 $ 12,985 5 - $ 759 0.00% 1611.55% PROPERTY TAX $ 2,714,858 $ 2,675,000 $ 2,670,133 1.49% 1.67% LICENSE EXCISE TAX $ 210,000 $ 200,000 $ 221,276 5.00% -5.10% OPTION INCOME TAX $ 462,000 $ 423,000 $ 445,847 9.22% o 3.62/0 STATE ASSISTANCE $ 1,984,401 $ 1,884,000 _ $ 1,974,543 ; 5.33% 0:50% FEDERAL PREVENTIVE MAINTENANCE $ 1,640,000 $ 1,620,000 $ 1,355,800.0 1% o 20.96/o FEDERAL ASSISTANCE $ 1,781,866 $ 1,176,000 $ 900,501.0 52% 97.87% LEASE PAYMENT FROM CITY $ 200,000 $ 400,000 $ 400,000.0 /0 0 0 -50.00% TOTAL $10,825,378 $10,127,920 $ 9,668,286.6 6.89%1. . 11.97% 1 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 2016 EXPENSE PROJECTION 2016 2015 ,%CHA 2014 NGE-2016 BUDGET VS.gctual BU 2015 Tan•ible Pro.e /Fixed Assets BUDGET AUDITED� 2014 : BUDGET AU �= $$ 2,049,701 : 10.86%amrstaid $ 1,110,466 $ ::;t 1 $24 $$�e��— $ 230,477 $ 230,477 �® Other Taxes :�— : � Miscellaneous �: h SUB-TOTAL � � � �+��.�.rara 0��..� 1ra yo 4� : $ 10,325,378 $10,119,856 $ 1Q�. agog Transfer-Ca•ital Im rovements/Reserve for Liabili 2.03% $ 500,000 $ 6,063 �� TOTAL ■_�� 613i.{/�0 1- 0�■pA al $ 10,825,378 $10,127,919 $ 10,138,068 ■ � 2 TRANSPO Budgeted Appropriations O'eratin• Bud.et Ca•ital Bud.et Total 2015 2016 2015 2016 2015 A••ro nations Personnel Services 7,803,874 7,465,799 7,803,874 Other Services and Charges 1,911,036 1,385,087 1,911,036 Supplies 1,110,466 1277,033 1,110,466 Capital Outlays 208,628 375,461 1,043,138 1,877,305 1251,766 Total Appropriations $11,034 004 $10,503 380 $ 1 043,138 $1 877,305 $ 12,077,143 3 • 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 Wanes 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 Operating: 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. Marketing: Marketing contracts, services, and advertising placement accounts have not been changed from 2015 budgeted figures. 4 Training: 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 r s p o 2016 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: 1. 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. 6 I KHNSI'U 2016 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Salaries &Wages Summary 2014 ACTUAL $ 5,036,056 2016 BUDGET REQUEST $ 5,531,476 2015 MONTHLY AVERAGE $ 424,345 2015 APPROVED BUDGET $ 5,416,098 2015 EST EXPENSE $ 5,092,138 BUDGET CHANGE $ 115,378 Account Title 2015 2016 Operators $3,391,192 $ 3,464,685 Access Drivers&Clerk 438,306 Operations Administration 464,052 371,078 690,547 Revenue-Vehicle Maintenance 684,971 Maintenance Administration 119,725 119,174 119,725 Non-Revenue-Vehicle Maintenance 70,241 General Administration 71, 341,136 347,242 Total $5,416,098 $ 5,531,476 7 nnr,0ri 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 Pension plan $ 414,331 $ 423,158 Medical Insurance 211,694 211,694 Dental Insurance 1,175,516 . 1,377,570 Life Insurance 42,887 50,477 Short-Term Disability 24,032 24,032 Unemployment Insurance 22,189 22,189 Worker's Compensation 10,925 10,925 Uniforms 97,337 101,235 Tool Allowance 46,790 47,119 4,000 4,000 Total $2,049,701 $2,272,399 8 IMHNSrQ 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 $ 7--- 8 ,292 2015 EST EXPENSE $ 846,235 BUDGET CHANGE $ (425) Account Title 2015 2016 Management Service Fees $263,868 Professional& Technical $ 263,868 Board Travel 279,939 2744,939 Temporary Help 10,000 10,000 Contract Services Operations 2,500 2,500 15,000 12,050 Contract Services Maintenance 115,000 Contract Services Administration 117,460 37 Security Services ,460 37,460 Physical Damage Repairs 59,475 64;050 Recoveries of Physical Damage Repairs 20,000 20,000)) (20,0000 ) Total $ 780,292 $ 779,867 9 v-tlwry 2016 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Materials & Supplies Summary 2014 ACTUAL $ 1781 2016 BUDGET REQUEST $ 1,110,466 2015 MONTHLY.AVERAGE $=88 2015 APPROVED BUDGET 2015 EST EXPENSE $ 1,133,496 $ 1— 851 BUDGET CHANGE _$ /a030) Account Title 2015 2016 Fuel& Lubricants Fuel& Lubricants Operations $ 825,408 $ 806,391 Tires& Tubes Maintenance 17,428 13,415 Maintenance Materials& Supplies 25,000 2,560 Materials & Supplies Maintenance 25,000 25,000 Materials &Supplies Maintenance 210,000 Marketing 210,000 Other Materials & Supplies 35,600 35,600 Other Materials & Supplies Operations 4,500 4,500 Other Materials & Supplies Maintenance 2,600 General Administration 0, 00 10,400 10,4400 Total $1,133,496 $ 1110466 10 I KHNb1 () 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 $ 2 757 11 ► Rrullor-v 2016 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2014 ACTUAL $ 1_ 90,051 2016 BUDGET REQUEST $ 2=0'477 2015 MONTHLY AVERAGE $ 17,354 2015 APPROVED BUDGET $ 2$2477 2015 EST EXPENSE $ 208,250 BUDGET CHANGE $ Insurance - Liability& Physical Damage Other Corporate Insurance $ 224,192 6,285 Total $ 2_p 477 12 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 Travel & Meetings $ 27,835 Community Services 20,000 20,000 Promotion 15,000 15,000 Advertising Placements 3,000 3,000 Interest Expense on Tax Warrants 45,500 45,500 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 $ 500,000 14 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 2016 Passenger Revenue $ 944,883 $ 802,698 Access Passenger Revenue 43,742 Access Punch Card Revenue 73,321 Passport Revenue 74,755 73,321 Student Pass Revenue 174,755 141,130 40,110 41,130 Tripper Revenue 9,623 Two Ride Pass Revenue 9,623 Two Week Pass 72,007 One Day Pass 90,048 Student Summer Pass 65,759 263,721 3,150 6,450 $ 1,421,919 $ 1,504,253 15 I KHNbF'U 2016 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Capital Fund Requirements ACCOUNT NUMBER: 301-0101-00 2014 ACTUAL $ 6,121,744 2016 BUDGET REQUEST $ 1,043,138 2015 MONTHLY AVERAGE $ 173,785 2015 APPROVED BUDGET $ 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 Grant- IN-34-0002 $ 202,942 $ 322,550 Grant-IN-95-X048 $ 750,000 $ 600,000 $ 40,588 $ 600,000 $ 150,000 Grant IN-90-X628 $ 350,000 $ 280,000 Grant-IN-90-X650 $ 300,000 $ 70,000 2015-2016 FTA GRANT $ 2,000,000 $ 240,000 $ 6 00,000 $ 1,600,000 $ 400,000 Total $ 5,215,692 $ 4,172,554 $ 1,043,138 16