HomeMy WebLinkAbout08-28-2017 Packet
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SOUTH BEND COMMON COUNCIL
MEETING AGENDA
Monday, August 28, 2017
7:00 P.M.
1. INVOCATION- PASTOR ANDRE STONER, KERN ROAD MENNONITE CHURCH
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
BILL NO.
17-55 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL
HONORING STEEL WAREHOUSE FOR ITS LONG-TERM
COMMITMENT TO THE COMMUNITY AND WISHING CONTINUED
SUCCESS AS A VIABLE AND ONGOING BUSINESS
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME: ______
BILL NO.
47-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE SOUTHERN PORTION OF THE
NORTH/SOUTH STREET EAST 213 FEET OF EAST RIGHT OF WAY OF
SOUTH TAYLOR ST. AND RUNNING SOUTH 250 FEET FROM SOUTH
RIGHT OF WAY OF WEST WESTERN AVE, TO INCLUDE A PORTION
RUNNING 34 FEET FROM WEST RIGHT OF WAY OF WILLIAM ST. TO
SOUTH RIGHT OF WAY OF SOUTH WILLIAM ST.
48-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF
CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE
PERTAINING TO TAX ABATEMENTS
49-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL
OF SOUTH BEND, INDIANA, AMENDING SECTION 4-51 OF CHAPTER
4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING
TO LICENSING AND REGULATION OF SCRAP METAL, JUNK
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DEALERS, VALUABLE METAL DEALERS AND RECYCLING
OPERATIONS
8. BILLS ON THIRD READING TIME:______
BILL NO.
47-17 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE SOUTHERN PORTION OF THE
NORTH/SOUTH STREET EAST 213 FEET OF EAST RIGHT OF WAY OF
SOUTH TAYLOR ST. AND RUNNING SOUTH 250 FEET FROM SOUTH
RIGHT OF WAY OF WEST WESTERN AVE, TO INCLUDE A PORTION
RUNNING 34 FEET FROM WEST RIGHT OF WAY OF WILLIAM ST. TO
SOUTH RIGHT OF WAY OF SOUTH WILLIAM ST.
48-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF
CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE
PERTAINING TO TAX ABATEMENTS
49-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
SOUTH BEND, INDIANA, AMENDING SECTION 4-51 OF CHAPTER 4,
ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO
LICENSING AND REGULATION OF SCRAP METAL, JUNK DEALERS,
VALUABLE METAL DEALERS AND RECYCLING OPERATIONS
9. RESOLUTIONS
BILL NO.
17-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, WAIVING NONCOMPLIANCE WITH TAX
ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY
KNOWN AS 5245 DYLAN DRIVE, SOUTH BEND, INDIANA FOR CBK
LAND DEVELOPMENT, LLC
17-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, WAIVING NONCOMPLIANCE WITH TAX
ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY
KNOWN AS 1902 WEST SAMPLE STREET, SOUTH BEND, INDIANA FOR
VIDA REALTY, LLC
17-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, WAIVING NONCOMPLIANCE WITH TAX
ABATEMENT PROCEDURES FOR PERSONAL PROPERTY LOCATED
AT 5245 DYLAN DRIVE, SOUTH BEND, INDIANA FOR CHASE PLASTIC
SERVICES, INC.
17-47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, WAIVING NONCOMPLIANCE WITH TAX
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ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY
KNOWN AS 402 NORTH SHERIDAN STREET, SOUTH BEND, INDIANA
FOR MANUFACTURING TECHNOLOGY, INC.
17-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING THE AMENDMENT TO THE LEASE OF A
BUILDING LOCATED AT 209 N. MAIN STREET, SUITE 207, SOUTH
BEND, INDIANA
17-53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF INDIANAPOLIS, INDIANA, DEPARTMENT OF
PUBLIC SAFETY AND CITY OF SOUTH BEND FIRE DEPARTMENT
REGARDING INDIANA TASK FORCE ONE
17-54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO
REPRESENT THE COMMON COUNCIL FOR THE UPCOMING FIRE
DEPARTMENT NEGOTIATIONS
10. BILLS ON FIRST READING
BILL NO.
50-17 FIRST READING ON 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, 2018
51-17 FIRST READING ON 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, 2018 AND ENDING
DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT
52-17 FIRST READING ON 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, 2018 AND ENDING
DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS, AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT.
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53-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND
MUNICIPAL CODE AT CHAPTER 16, ARTICLE 2, SECTIONS 16-6
THROUGH 16-9, AND 16-12; ARTICLE 3, AT SECTION 16-24; ARTICLE
6, AT SECTION 16-48(m); ARTICLE 8, AT SECTIONS 16-55-56 AND 16-59
(b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO
TRASH, REFUSE, AND OTHER SOLID WASTE COLLECTION AND
DISPOSAL
54-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING
AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION' S 2018 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, 2018
11. UNFINISHED BUSINESS
BILL NO.
17-48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 1206 DUNHAM
ST.
17-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 4321 S.
MICHIGAN STREET
17-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 315 NORTH
MAIN STREET
17-51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 602 W. COLFAX
AVE.
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
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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.
__________________________________________________________________________________________________________________
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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
Phone 574-235-9221 • Fax 574-235-9173 • TDD 574-235-5567 • www.SouthBendIN.gov
ALKEYNA M. ALDRIDGE
DEPUTY CLERK
DIRECTOR OF POLICY
JENNIFER M. COFFMAN
CHIEF DEPUTY
DIRECTOR OF OPERATIONS
JOSEPH R. MOLNAR
ORDINANCE VIOLATIONS
BUREAU CLERK
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: KAREEMAH FOWLER, CITY CLERK
DATE: AUGUST 24, 2017
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for MONDAY, AUGUST 28,
2017 at:
Council Informal Meeting Room
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
4:00 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON
1. Bill No. 47-17- SB Cubs Cul-de-Sac Vacation
4:10 P.M. HEALTH & PUBLIC SAFETY JO M. BRODEN, CHAIRPERSON
1. Bill No. 17-53- Indiana Task Force One MOA Approval
2. Bill No. 49-17- Scrap Metal Licensing Amendment
3. Bill No. 17-54- Appointing Agent/Negotiator for Fire Negotiations
4:35 P.M. PERSONNEL & FINANCE KAREN WHITE, CHAIRPERSON
1. Bill No. 17-52- Amendment to Office Lease Agreement at 207 N. Main
4:45 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Bill No. 17-44- Non-Compliance Waiver for CBK Land Development
2. Bill No. 17-45- Non-Compliance Waiver for Vida Realty
3. Bill No. 17-46- Non-Compliance Waiver for Chase Plastics
4. Bill No. 17-47- Non-Compliance Waiver for Manufacturing Technology, Inc.
5. Bill No. 48-17- Tax Abatement Amendment
5:05 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON
1. Zoning Ordinance Update Briefing- Tim Corcoran, Director of Planning
2. Transfer of ABZA & Zoning Administration from the Building Department to APC- Larry
Magliozzi, Executive Director of the Area Plan Commission (APC)
Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately
after the adjournment of the Zoning & Annexation Committee.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, 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
2
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
LAWRENCE P. MAGLIOZZI
E X E CUTIVE DIR E CT OR
Angela M. Smith
Deputy Director
PAGREAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JE FFERSO N B L VD., ROOM 1140 COUNTY-C ITY B l![L DING, S OU TH BE N D, I NDIANA 4 6 601 (5 74) 235-9571
Filed in Cleric's Office
August 10, 2017
AUG 10 2017
Tim Scott, President KAREEMAH FOWLER
Oliver Davis, Zoning&Annexation Committee Chair CITY CLERK,SOUTH REND,IN
Common Council ofthe City of South Bend
227 W. Jefferson Blvd., Suite 400 S
South Bend, IN 46601
Dear Sirs,
Along with Chuck Bulot, I have been working on transferring the administration of the Area
Board ofZoning Appeals, in addition to the responsibilities ofthe Zoning Administrator, from
the Building Department to the Area Plan Commission.
Attached is an outline of the re-alignment proposal, initially prepared for the Plan Commission's
submittal in support of the 2018 Budget. Page 1, Summary, states the basis for the re-alignment.
Pages 6-7 provide additional detail.
I am requesting an opportunity to discuss this with the Zoning and Annexation Committee on
August 28th,at which time I will be able to answer any questions, comments or concerns about
this effort.
Sincerely,
Larry Magliozzi
SERVING ST. JOS EPH COU NTY, SOUT H BEND, L AKEVILL E, N EW CARLISLE, NORTH LIBERT Y, O S CEOL A & ROSELAN D
W W W.SI C I N D I A N A.C O M/3 0 6/A RE A-P L A N
RE-ALIGNMENT AND TRANSFER OF ZONING-RELATED ACTIVITIES AND PROCESSES
TO THE
ST.JOSEPH COUNTY AREA PLAN COMMISSION
Filed in Clerk's Office
FROM THE
BUILDING DEPARTMENT
AUG 10 207
KAREEMAH FOWLER
CITY CLERK,SOUTH 1014D,IN
Summary
The Area Plon Commission has provided planning services for its member jurisdictions since 1966.
Among those services is the administration of the rezoning and subdivision process, interpretive support
to the Zoning Administrators, general land use planning support to the member jurisdictions, and
ordinance text changes.
The Building Commissioner of the South Bend/St.Joseph County Building Department is the Zoning
Administrator(ZA) for the City of South Bend and the unincorporated areas of St.Joseph County.The
member towns each have their own ZA.The ZA is the individual designated as having the responsibility
for the interpretation and administration of the Zoning Ordinance, which includes the pursuit of zoning
violations. Successful pursuit of zoning violations are a particular concern.
It is unusual that most, if not all aspects, of land use planning functions are not organized under one
department.The benefits are obvious in that having land use planning, policy, management and
implementation is a more efficient approach to conducting those activities. In researching surrounding
communities, we are the only jurisdiction that follows our current structure.
The goal of the proposal outlined herein, is to enhance planning services to the public and development
community, by unifying all land use-related administrative functions under one department. In brief:
1.
Assuming ABZA administration would require the services of a PTE.
2.
Assuming the general responsibilities of the Zoning Administrator relative to interpretation of
the Zoning Ordinance, can be absorbed by existing staff.
3.
Assuming the responsibilities of zoning violations will require the services of one FTE.
4.
All fees associated with ABZA and zoning verification would be new income.
5. Implementation of Improvement Location Permit fees would be new income.
6. Capital expenses: workstation(s); desk(s); cubicle partitions;vehicle for zoning violations
This proposal does not address code enforcement. Code enforcement requires specialized staffing skills,
in-depth training, a dedicated administrative process, and considerable capital support.There have been
some discussions with South Bend Code Enforcement to contract this service out.
Recommendation
The general recommendation is to pursue to the fullest extent possible the integration of planning
services. Depending on the level of support that the County is willing to provide,there are several
options on how to accomplish this. Those options are detailed at the end of this analysis, but at a
minimum:
1.
Transfer the administrative function of the ABZA from the Building Department to the APC staff;
2.
Transfer the position of Zoning Administrator from the Building Commissioner to the Executive
Director of the Area Plan Commission.
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RE-ALIGNMENT AND TRANSFER OF ZONING-RELATED ACTIVITIES AND PROCESSES
TO THE
ST.JOSEPH COUNTY AREA PLAN COMMISSION
FROM THE
BUILDING DEPARTMENT
Area Board of Zoning Appeals
Statutory Basis:
The Area Board of Zoning Appeals (ABZA) is established by I.C. 36-7-4-901.
Since zoning ordinances are in place for the member jurisdictions ofthe Area Plan
Commission(APC),the legislative bodies of those jurisdictions must establish a
board of zoning appeals-I.C. 36-7-4-901 (a).
History: Between 1966 and June of 2009,there were two boards. A South Bend Board of
Zoning Appeals,which heard appeals(variances)within the city limits of South
Bend, and an Area Board ofZoning Appeals,which heard appeals for
unincorporated St.Joseph County and the member towns ofthe APC. The boards
were combined to ease the administrative burden of coordinating two boards,
which met on different dates every month.
In 2012,the APC implemented a Combined Hearing Procedure where petitioners
seeking a zoning change could also request a special use and variances.
Responsibilities: The ABZA hears petitions for variances from the development standards of the
Zoning Ordinance, special uses/special use exceptions and conditional uses within
the established zoning districts. Use variances are not permitted as long as a
jurisdiction is a member of the Area Plan Commission.
Administration:
The Building Department administers the appeals process, from intake of petitions
to file closure.
Bldg. Dept. Tasks: Address initial owner inquiries that could result in an application for relief from the
development standards—height, area and bulk; process applications; staff review;
site visits;notifications and agendas;ABZA meetings;transcribe minutes; post-
meeting tasks.
Current APC Tasks:
Coordinates with the Building Department to ensure sufficiency of the application;
provide a staff report to the ABZA, and attend the meetings.
Increased Tasksfor Staff: Staff would assume all administrative duties relative to the application
process, administrative duties,ABZA meetings,minutes,and file closure.
The added burden is in the administrative duties and the time involved in
transcribing the minutes.
Support& Task Requirements:
1. Develop a proprietary data base. Will require IT support.
2. Additional PTE to attend meetings and transcribe minutes.
3. Possibly change meeting date and time ofABZA meetings.
4. Increase filing fees for 2018.
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RE-ALIGNMENT AND TRANSFER OF ZONING-RELATED ACTIVITIES AND PROCESSES
TO THE
ST. JOSEPH COUNTY AREA PLAN COMMISSION
FROM THE
BUILDING DEPARTMENT
Budget Impact:
1.
The Department(County)will see an increase in income through application fees. Current
Fee structure is $85 for the first variance, and$45 for each additional variance. Some
variances are"bundled"by the Building Department. Staffwould change that policy
providing a slight increase in income.ABZA fees bring in approximately$15,000/year.
2.
The hiring of a PTE will increase Personnel costs.ABZA and the implementation of an
Improvement Location Permit Fee(see separate discussion on this process)will pay for the
added administrative position.
3. Capital expenses would include one workstation, desk and chair.
Other Considerations
South Bend is considering re-establishing a separate board of zoning appeals to hear City
petitions.Approximately half ofthe petitions are City petitions.A City BZA would be comprised
of individuals better informed of the uniqueness of the zoning ordinance and land use issues
facing the City. If the City chooses to proceed,the administrative burden would fall on City staff,
relieving the APC stafffrom those responsibilities. Fewer petitions would result in less staff time
needed to administer the ABZA process, but it would also reduce income. As noted earlier,
unbundling"variances and increasing fees would cover some of the losses in income.
i
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RE-ALIGNMENT AND TRANSFER OF ZONING-RELATED ACTIVITIES AND PROCESSES
TO THE
ST. JOSEPH COUNTY AREA PLAN COMMISSION
FROM THE
BUILDING DEPARTMENT
Zoning Administrator/Zoning Administration
Statutory Basis:
The position of Zoning Administrator(ZA) is established in the respective zoning
ordinances-Chapter 154.582 ofthe St. Joseph County Zoning Ordinance and
Section 21-09.04 of the South Bend Zoning Ordinance. The Towns appoint their
own ZAs.
History: Prior to the merging ofthe South Bend and St. Joseph County building
departments,the respective Building Commissioners also held the position of ZA.
The Building Commissioner ofthe South Bend/St. Joseph County Building
Department is the ZA for South Bend and unincorporated St. Joseph County.
Responsibilities:
The Zoning Ordinance establishes the duties of the ZA:
1. Enforce and administer the zoning ordinance
2. Investigate matte rs relative to the zoning ordinance(interpret&investigate)
3. Receive and review applications to the ABZA(administrative process)
4. Provide technical advice to the ABZA
5. Maintain ABZA records
6. Issue improvement location permits
Administration:
The Building Commissioner performs the duties of ZA.Two FTEs spend the
majority of their time assisting the ZA in his duties. One on the tasks associated
with the ABZA, and one on the enforcement of the zoning ordinances.As noted
earlier,the Building Department does not perform zoning administration tasks for
the towns.
Bldg. Dept. Tasks: Make interpretations on permitted uses and development standards of the Zoning
Ordinances; accept and process ABZA petitions including administrative tasks
such as correspondence, agendas, meeting attendance and minutes; answer
inquiries on variance and special exception filing requirements; investigate zoning
violations and pursue fines when needed.
Current APC Tasks:
Offers opinions on interpretation issues;confirms zoning district boundaries and
the zoning ofproperties. Since APC keeps records ofpast zoning actions,does
research and zoning confirmation ofthose actions.
Increased Tasks for Staff: Staff would assume all the responsibilities of the ZA, noted above. The
ABZA burden was addressed in the previous section. Since the tasks
associated with the balance of the responsibilities are varied, each requires a
separate discussion.
Task#1. Zoning interpretation—
Staff works on a daily basis with the
zoning ordinance and drafts all ofthe text amendments,and participates in
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RE-ALIGNMENT AND TRANSFER OF ZONING-RELATED ACTIVITIES AND PROCESSES
TO THE
ST.JOSEPH COUNTY AREA PLAN COMMISSION
FROM THE
BUILDING DEPARTMENT
many discussions dealing with interpretation issues.This task can be easily
absorbed with current staff and within the normal workday.
Task#2. Zoning inquiries—
Staffreceives many inquiries, approximately 11
per day,ranging from property zoning verification, questions on
development standards and rezoning potential.The Building Department
fields approximately 25 zoning-related calls per day. The increased call
volume will substantially increase our daily work load, and impact the
amount of time necessaroprocess petitions filed with the department.
Task 43. Written requests—
this task involves responding in writing(letter or
form)to zoning verifications and State approvals(@ 100/year),business
license reviews(@700/year), and legal non-conforming certificates
@11/year). This task in combination with Task#2,will substantially
increase our daily work load impact the amount of time necessary to process
petitions filed with the department.
Task 94. Plan re view—
Twice a week, staff goes over to the Building
Department to review project site plans that have filed for a building permit;
one review session for the County and one session for South Bend. Staff,at
this point does not see an increase in time required to perform this task.
Task#S. Zoning violations—
This new task would become the responsibility
ofthe Staff,unless the County contracts with South Bend for Code
Enforcement.The Building Department responds to about 1,000 violations a
year. Violations mostly involve inappropriate land uses and junk vehicles.
Site plan violations have historically not been addressed due to lack of staff
time. This task would result in a significant increase in staff time, and cannot
be accomplished without an additional FTE.
Support& Task Requirements:
1. An electronic tracking system would be needed. It is not known at
this time whether the South Bend system can be used.
2. Additional FTE to accomplish Tasks#3 and#5.
3. Implement an Improvement Location Permit Fee(Commercial only)
to help cover the Staff time for Task#4.
Budget Impact:
1.
The Department(County)will see an increase in income from the implementation of an
Improvement Location Permit(ILP)fee and zoning verification fees. Zoning verification
letters are currently$30 or$50 depending on the amount of research required.At @ 100
requests per year,that equals$300 to$500.ILP fees could range from$10 to$100. Between
site plan reviews and sign permit reviews, a conservative estimate of$35,000($100/ILP),
could be collected.
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RE-ALIGNMENT AND TRANSFER OF ZONING-RELATED ACTIVITIES AND PROCESSES
TO THE
ST. JOSEPH COUNTY AREA PLAN COMMISSION
FROM THE
BUILDING DEPARTMENT
2.
The hiring of a FTE will increase personnel costs.The skill requirements ofthis position is
different that the skill level of the one PTE noted in the ABZA discussion. Whether existing
personnel could be re-organized to cover zoning administration duties is still being studied.
3. Capital costs: workstation, desk, chair, office panels,vehicle
Other Considerations
South Bend has had some brief discussions with Staff on them withdrawing their membership
from the Area Plan Commission. If the City chooses to proceed, it most likely will not happen
until 2019 or 2020, or after the adoption of a new zoning ordinance,whichever occurs first.The
administrative burden of a City plan commission, City Board of Zoning Appeal, and Zoning
Interpretation for the City will transfer to City staff, relieving the APC staff from those
responsibilities. Fewer petitions would result in less staff time needed to administer the zoning
and subdivision process, but it would also reduce income. On the other hand, it is possible that
staff will have more time available to perform zoning enforcement.
As indicated,zoning enforcement is a concern for the staff. Without a FTE, enforcement would
VERY LIMITED, if non-existent.
Code Enforcement,as envisioned by the Council, is not possible with the scenarios discussed
here. Code is a specific task that requires specialized skills and a distinct process.
Additional Information
Status ofZoning Ordinances:
Staff has been diligently pursuing modernization of the seven zoning
ordinances it oversees:New Carlisle-January 2010; Osceola—January
2015; Lakeville—projected
July 2017;North Liberty—proj ect ed
November 2017.
The South Bend ordinance will be updated,potentially next year,via a
City contract. Staff will begin working on the County ordinance in
2018/19.
The County subdivision ordinance is currently being re-drafted,and is
scheduled to be completed by the end ofthe year.The subdivision
ordinances of the other jurisdictions will reviewed for potential
replacement in 2019.
Comprehensive Plans: Due to staff reductions over the past decade,the Comprehensive Plan
April 2002)and targeted,neighborhood-oriented land use plans have not
been done.The age ofthe Comprehensive Plan is a concern, especially
with the new focus on economic development in the County.
Code Enforcement:
Staff would encourage that ifthe County desires to implement a strong
code enforcement effort,then a fair and equitable contract with the City
of South Bend be pursued.APC does not available staff or expertise to
perform that function.
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RE-ALIGNMENT AND TRANSFER OF ZONING-RELATED ACTIVITIES AND PROCESSES
TO THE
ST. JOSEPH COUNTY AREA PLAN COMMISSION
FROM THE
BUILDING DEPARTMENT
Recommended Action (Revised 712412017)
APC staff is committed to merging all aspects ofzoning activity within one department. It is our belief
that this is the appropriate path to provide a more efficient service for planning-related functions.Keys to
accomplishing this goal, is to transfer ABZA administration and ZA responsibilities to the APC staff.
ABZA fees would be increased to cover the addition personnel costs of one PTE.Additional income
generated by new fees could support one FTE that would assist in zoning violation tasks.
Scenarios:
Scenario One—Transfer ABZA administration to the Area Plan Commission. Will require one
PTE to be supported by ABZA filing fees. Leave ZA responsibilities with Building Department.
Income: $15,000 - $20,000(Increase fees from $85/$45 to $100/$45)
Scenario Two—Transfer ABZA administration and ZA responsibilities to the Area Plan
Commission. Will require one PTE and one FTE,to be supported by ABZA filing fees and
commercial ILP fees.Zoning violation fees would provide more than adequate additional revenue
to cover the FTE.
Income: ABZA: 15,000-$20,000
ILP: 35,000(new$100 plan review fees)
Business Licenses: 7,000 (new$10 verification fee)
Auto&Alcohol License Verifications: $1,000
Other Zoning Verifications:600($35 current fee)
Scenario Three—
Same as Scenario Two, but hire two PTEs. One for ABZA and one for zoning
enforcement tasks.This scenario would provide 100%coverage of ABZA administration and
limited/selected zoning enforcement.
Income: Same as above
Page 717
2017 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-4-17)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real & personal tax abatement requests.
Gavin Ferlic, Chairperson Oliver Davis, Member
Regina Williams-Preston, Vice-Chairperson Randy Kelly, Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Office of Community Affairs and is charged with facilitating
partnerships & ongoing communications with other public and private entities operating within the City.
Regina Williams-Preston, Chairperson Gavin Ferlic, Member
Randy Kelly, Vice-Chairperson Karen White, Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. It duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Tim Scott, Member Dr. David Varner, Member
Jo Broden, Member Karen White, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Jo Broden, Chairperson Oliver Davis, Member
John Voorde, Vice-Chairperson Karen L. White, Member
INFORMATION AND TECHNOLOGY COMMITTEE
Oversees the various activities of the City’s Division of Information Technologies in the Department of
Administration & Finance so that the City of South Bend remains competitive and on the cutting edge of
developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing
availability & access to GIS data and related technologies are just some of its many activities.
Tim Scott, Chairperson Dave Varner, Member
Gavin Ferlic, Vice-Chairperson Randy Kelly, Member
PARC COMMITTEE (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional
Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of
Art, Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks
and Recreation.
Randy Kelly, Chairperson Oliver Davis, Member
Dr. Dave Varner, Vice-Chairperson John Voorde, Member
2017 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-4-17)
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations & other fiscal matters, as well as personnel policies, health benefits & related
matters.
Karen L. White, Chairperson Regina Williams-Preston, Member
Gavin Ferlic, Vice-Chairperson John Voorde, Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works &
related public works & property vacation issues.
John Voorde, Chairperson Jo M. Broden, Member
Randy Kelly, Vice-Chairperson Gavin Ferlic, Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities & issues related to neighborhood development & enhancement.
Karen White, Chairperson Regina Williams-Preston, Member
Jo Broden, Vice-Chairperson John Voorde, Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers and all related matters.
Dr. David Varner, Chairperson Randy Kelly, Member
Oliver Davis, Vice-Chairperson Regina Williams-Preston, Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Oliver Davis, Chairperson Gavin Ferlic, Member
John Voorde, Vice-Chairperson Jo Broden, Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council
Tim Scott
Dr. David Varner
2016 COMMON COUNCIL STANDING COMMITTEES (Rev.01-4-17)
TIM SCOTT, 1ST District Council Member
PRESIDENT
Information and Technology, Chairperson Council Rules Committee, Member
Sub-Committee on Minutes, Member
REGINA WILLIAMS-PRESTON 2nd District Council Member
Community Relations Committee, Chairperson Residential Neighborhood Committee, Member
Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member
Utilities Committee, Member
RANDY KELLY, 3rd District Council Member
PARC Committee, Chairperson Community Investment Committee, Member
Community Relations Committee, Vice Chairperson Information & Technology Committee, Member
Public Works & Property Vacation, Vice Chair Utilities Committee, Member
JO BRODEN, 4TH District Council Member
Health and Public Safety Committee, Chairperson Council Rules Committee, Member
Residential Neighborhood Committee, Vice-Chairperson Public Works & Property Vacation, Member
Zoning & Annexation Committee, Member
DR. DAVID VARNER, 5TH District Council Member
Utilities Committee, Chairperson Information & Technology Committee, Member
PARC Committee, Vice-Chairperson Council Rules Committee, Member
Sub-Committee on Minutes, Member
OLIVER DAVIS, 6TH District Council Member
Zoning & Annexation Committee, Chairperson Community Investment Committee, Member
Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member
PARC Committee, Member
GAVIN FERLIC, AT LARGE Council Member
Chairperson, Committee of the Whole
Community Investment Committee, Chairperson Community Relations Committee, Member
Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member
Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhood Committee, Chairperson Community Relations Committee, Member
Personnel & Finance Committee, Chairperson Council Rules Committee, Member
Health & Public Safety Committee, Member
JOHN VOORDE, AT LARGE Council Member
Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member
Health and Public Safety, Vice-Chairperson PARC Committee, Member
Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member
T M
Filed in Clerk's 'Office
August 1, 2017
Rich Estes
1WauG o s zo 7
City of South Bend
227 W. Jefferson Blvd. FOVYLER
South Bend, IN 46601 CIT°'°y-_1-E:t.^S UT;'4^
RE: Vacation request of Williams Street Cul-de-sac
Dear Rich,
The purpose of this letter is to provide a formal request for the vacation of the Williams Street
Cul-de-sac and the reason for such request. As an organization, it is always our intent to
provide a 1' class experience for our guests while providing a facility that is second to none.
With the new development under way for The Ivy at Berlin Place, we feel it for us to provide
that1 St
class experience we need to relocate our current fun zone, "inflatable area", due to the
height of many of the inflatables. Several of these inflatables would obstruct the view for many
of
the new apartments
that will face the field. In addition to the visual obstructions, the
opportunity to relocate the inflatables will provide us a chance to layout out the area that will
be more guest friendly.
It is our desire to relocate the inflatables to the south end of Williams street, the area that dead
ends at
Four Winds Field.
Ultimately, we would extend the current fence line and concourse to
the north where
it would be in
front of the west side of the team store. In addition to
extending the concourse we would financially invest in raising the height of this new area so it
would match the current height of the stadium concourse.
We have been working with JPR
along with Ancon Construction to develop a plan that allows for the fun zone to seamlessly fit in
the area to the west of
the current team store.
The section of Williams street is currently dead
ends at the ballpark fence line and it not currently used for anything significant as it relates to
the ballpark.
Thank you for your help with this request and if you have any addition comments or need me to
clarify anything further please let me know.
Sincerely,
oe Hart ;t,
k
President
South Bend Cubs
WINDs
MiLB Class'A'Affiliate of the
Chicago Cubs
I Where Everyone Comes to
Play
FOU
501
W.South Street,South Bend IN 46601
1 574.2 35.99 88
1 South BendCubs.com
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: Filed ID
Clerk's ,"-'.,',,z
4
A.THE ALLEY DESCRIBED AS: AUG 0 8 2017
N/A J_r.1.I'CAr'--'e'
i s i r :9!
CITY CLERK;SO,:.I
B.THE STREET DESCRIBED AS:
A portion of Williams Street, being a part of Coveleski Park Minor Subdivision First Replat, the plat of which is recorded in
Instrument No. 1706730, in the Office of the Recorder of St. Joseph County, Indiana, located in the Southeast Quarter of Section
11 and the Southwest Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph
County, Indiana and being more particularly described as follows: Commencing at the southwest corner of Lot B in said Subdivision
and being the east boundary of Williams Street; thence South 1 degree 12 minutes 58 seconds east 5.45 feet along said east
boundary to the point of beginning of this description; thence continuing South 1 degree 12 minutes 58 seconds East 66.50 feet
along said east boundary to an `x' scribed in concrete at a corner of Lot A in said Subdivision; thence South 89 degrees 39
minutes 18 seconds West 95.01 feet along the north line of said Lot A and being the south boundary of Williams Street to an `x'
scribed in concrete at the southwest corner of Williams Street; thence North 1 degree 12 minutes 58 seconds West 116.20 feet
along the west boundary of Williams Street to a Currier bar and cap at the northwest corner of said Street; thence North 89
degrees 17 minutes 40 seconds East 28.86 feet along the north boundary of Williams Street; thence South 1 degree 12 minutes
58 seconds East 50.26 feet; thence North 89 degrees 19 minutes 29 seconds East 66.14 feet to the point of beginning, and
containing 7,740 square feet, more or less.
NAME (sig ned & prin ted)
ADDRESS LOT #
y <:— (signature)
018-3014-0515
City of
South Bend 227 E. Jefferson Blvd., Suite 1400s
Department of
Community InvestmentSouth Bend, IN 46601
By '`fC ard A-print name)
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE SOUTHERN PORTION OF THE NORTH/SOUTH STREET EAST 213 FEET OF EAST RIGHT OF
WAY OF SOUTH TAYLOR ST. AND RUNNING SOUTH 250 FEET FROM SOUTH RIGHT OF WAY OF
WEST WESTERN AVE, TO INCLUDE A PORTION RUNNING 34 FEET FROM WEST RIGHT OF WAY
OF WILLIAM ST TO SOUTH RIGHT OF WAY OF SOUTH WILLIAM ST.
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 Williams Street, being a part ofCoveleski Park Minor Subdivision First Replat,
the plat ofwhich is recorded in Instrument No. 1706730, in the Office ofthe Recorder ofSt.
Joseph County, Indiana, located in the Southeast Quarter ofSection 11 and the Southwest
Quarter of Section 12,
Township 37 North, Range 2 East, City of South Bend, Portage
Township, St. Joseph County, Indiana and being more particularly described as follows:
Commencing at the southwest corner ofLot B in said Subdivision and being the east boundary
ofWilliams Street; thence South I degree 12 minutes 58 seconds east 5.45feet along said east
boundary to the point ofbeginning ofthis description; thence continuing South 1 degree 12
minutes 58 seconds East 66.50feet along said east boundary to an `x'scribed in concrete at
a corner ofLot A in said Subdivision; thence South 89 degrees 39 minutes 18 seconds West
95.01 feet along the north line ofsaid Lot A and being the south boundary of Williams Street
to an `x'scribed in concrete at the southwest corner of Williams Street; thence North I degree
12 minutes 58 seconds West 116.20 feet along the west
boundary of Williams Street to a
Currier bar andcap at the northwest corner ofsaid Street; thence North 89 degrees 17 minutes
40 seconds East 28.86feet along the north boundary of Williams Street; thence South I degree
12 minutes 58 seconds East 50.26 feet; thence North 89 degrees 19 minutes 29 seconds East
66.14feet to the point ofbeginning, and containing 7,740 square feet, more or less.
Hereby determines that it is desirable to vacate said property.
SECTION II.
The City of South Bend hereby reserves the rights and easements of
all utilities and the MunicipalCity 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:
County Tax ID No. (No lot numbers)
018-3013-0468; 018-3014-0515
Section IV.
The purpose of the vacation of the real property is
South Bend Cubs wish to vacate the following described street to relocate their fun zone to
the west side of the team store and extend the ball park concourse into the vacated portion of
William Street.
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 of the Common Council
Attest:
City Clerk
Presentedby 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
AUG 0 8 2017
KAFtFI»r LAf f FOWLER
CITY CLERK:SOUT-I-,END,IN
4
E.
1316 COUNTY-CITY BUn.DING U cC PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD to r`
E"cs FAX 574/235-9171
SouTH BEND.INDIANA 46601-1830
1865,
CITY OF
SOUTH BEND PETE BUTTIGIEG,MAYOR
BOARD OF PUBLIC WORKS
August 8, 2017
Filed in Clerk's
Joe Hart
South Bend Cubs AUG 0 8 2017
501 W South Street
South Bend,IN 46601 KAREEiVMAH FOV4U .
CITY CLERK,SO'._`T.4 F.
RE: Street Vacation—
Williams Street Cul De SacPreliminary Review)
Dear Mr. Hart:
The Board of Public Works, at its August 8, 2017, meeting, reviewed comments by the Engineering
Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and
the Solid Waste Division. The following comments and recommendations were submitted:
Per IC 36-7-3-13, 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 ofway 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 the vacation of this
alley.
Please contact Donna Hanson 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,
Linda M. Martin, Clerk
c:Federico Rodriguez,Fire Department
Donna Hanson,Engineering
Alkeyna Aldridge, City Clerk's Office
GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU
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City of South Bend Alley Vacation 150' Radius Map
F
Dept. of
Public Works
Joe Hart/South Bend Cubs
Y
227 W Jefferson Blvd. #1316
South Bend, IN 46601 The street portion to be vacated is the southern portion of
Phone: (574) 235-9251
the N/S street E 213' of E. RoW of S. Taylor St. and running S
0 150' Buffer 250' from S. RoW of W. Western Ave, to include a portion
Address List attached
running 34' from W RoW of William St to S Row of S. William St.
Date Prepared: 7/27/2017
13 Tit
Al City of South Bend
Common Council
11365- 441County-City Building • 227 W.Jefferson Blvd 574) 235-9321
South
Bend,Indiana
46601-1830 Fax (574)235-9173
TDD: (574)235-5567
Tim Scott
http://www.southbendin.gov
President August 9, 2017
Oliver
Davis South Bend Common Council
Vice-President 4th Floor, County-City Building
South Bend, IN 466o1
Filed in Clerk's Office
Gavin Ferlic
Chairperson,Committee
AUG 0 9 2017of the Whole
Re: Proposed Tax Abatement Amendment
Tim Scott KAREEMA9( r5VILER
First District Dear
Council Members: CITYCLERK,SO: T,-!F;, N!D; IN
Regina Williams Preston
I am filing the attached proposed ordinance amendment for section 2,
Second District
Article 6, section 2-76.3 of the municipal code with the Office of the City
Clerk. The proposed amendment adds the requirement that applicants
Randy Kellyfor a base abatement be required to pay all company employees (full-
Third District time, part-time, seasonal and temporary) a minimum wage at least as
Jo M. Broden
high as the minimum wage paid to all employees of the City of South
Bend.
Fourth District
David Varner The proposed ordinance will have first reading by the Common Council
Fifth District on August 14, 2017.
Oliver Davis Thank you for your consideration.
Sixth District
Gavin Ferlic Sincerely Yours,
At Large
John Voorde n
At Large
Karen White Regia Williams-Preston
At Large South Bend Common Council Member
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING A SECTION OF CHAPTER 2,ARTICLE 6 OF THE
SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS
STATEMENT OF PURPOSE AND INTENT
The Mayor of South Bend has stated that"Raising the minimum wage of our city
employees can increase morale and productivity, while cutting turnover. It's also good
economics, sincecity workers are consumers at local businesses. . . Most importantly, it's the
right
thing to do for hardworking public servants."
The Mayor noted that this wage applies to all
City employees, part-time, temporary, and seasonal, as well as full-time employees. Since a tax
abatement is a subsidy to employers from the City and is intended to improve the economic
environment of the City of South Bend, it is incumbent upon companies receiving tax
abatements from the City to pay their employees at least as well as the City pays its employees.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. Chapter 2, Article 6, Section 2-76.3 is hereby amended by adding
paragraph(6),to read as follows:
Sec. 2-76.3. Base abatement.
A
base abatement("base abatement")
is an abatement for three (3) years in the case of
real property other than single-family residential, five (5) years in the case of real property that is
single-family residential, and five (5) years in the case of personal property. The Council may
grant a base abatement to an applicant who fulfills the following requirements:
6) The applicant must pay all company employees (full-time,part-time, seasonal, and
temporary) a minimum wage at least as high as the minimum wage paid to all employees of the
City of South Bend.
SECTION II. This Ordinance shall take effect upon passage by this Common Council,
approval
by the Mayor, andany publication required
by law.
PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana
this
day of
2017.
Member, Common Council of the
City of South Bend
ATTEST:
Kareemah Fowler, Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for
his approval on the
day of
2017, at o'clock m.
Kareemah Fowler, Clerk
Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend,
approve said Ordinance and return the same to the Clerk of the City of South Bend this
day of
2017.
Pete Buttigieg, Mayor
Filed in Clerk's Office
AUG 09 2017
1
CITY C! FRK;SOOT 1
SEEr), IN
VT
City of South Bend.
Common Council
441 County-City
Building • 227 W.Jefferson Blvd 574)235-9321
South Bend,Indiana 46601-1830 Fax (574)235-9173
TDD: (574)235-5567
Tim Scott
http://wwwsouthbendin.gov
President August 9, 2017
Oliver Davis South Bend Common Council
Vice-President 4th
Floor, County-City Building EFik'S OfliOe
South Bend, IN 466o1
Gavin Ferlic
Chairperson,Committee 9 2017
of the Whole
Re: ProposedScrap Metal Ordinance Amendment FC Utf t,
Tim Scott
UM 4
First District
Dear Council Members:
Regina Williams Preston
Second District
We are filing the attached proposed scrap metal ordinance amendment
with the Office of the City Clerk. The proposed amendment eliminates
Randy Kellythe prohibition of Sunday business hours for scrap metal dealers,junk
Third District dealers, valuable metal dealers and recycling operations thereby
Jo M. Broden
permitting such business on Sundays.
Fourth District
The proposed amendment also updates the ordinance to correct
David Varner outdated statutory references and to make the ordinance comply with
Fifth District current state definitional statutes. The proposed ordinance amendment
will have first reading by the Common Council ofAugust 14, 2017.
Oliver Davis
Sixth District
Thank you for your consideration.
Gavin Ferlic
At Large
John VoordeSincerely Yours,
At Large
Karen White
At Large
Oliver Davis, Jr. and John Voorde
South Bend Common Council Members
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING SECTION
4-51 OF CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE PERTAING TO
LICENSING AND REGULATION OF SCRAP METAL, JUNK DEALERS, VALUABLE METAL DEALERS
AND RECYCLING OPERATIONS
STATEMENT OF PURPOSE AND INTENT
The City of South Bend's regulation of the City's Scrap Metal Dealers, Junk Dealers,
Valuable Metal Dealers and Recycling Operations does not reflect the current community
business standards relating to the permitted business hours of these businesses. Most
businesses, unless prohibited by state statute are permitted to operate on Sundays. This
amendment is intended to eliminate the prohibition of Sunday business hours for these
businesses. The amendment is also intended to update the state statutory references to
comply with current statutes now in effect.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, as follows:
Section I. Chapter 4, Article 4, Section 4-51 is hereby amended to read as follows:
Sec. 4-51. -Scrap metal dealers,junk dealers, valuable metal dealers and recycling operations.
a)
Definitions. As used in this section:
1) Business records mean the records of any purchase, trade, barter or other transaction that
involves the receipt of scrap metal and/or valuable metals which are required as part of the
licensing procedures addressed herein, but do not include correspondence, tax returns or
financial statements.
2) Ferrous metals mean those metals which will attract a magnet.
3) Junk dealer means any person who keeps or maintains a yard, covered or uncovered, space or
place, within the City for the purpose of, and engaging in the business of, buying or selling,
exchanging or storing of old or used materials, bottles, glassware, paper, bagging, rags or rope,
or any other type of material commonly referred to as "junk."
4) Nonferrous metals mean those metals which will not normally attract a magnet, including copper,
brass and aluminum.
5) Purchase means acquiring an item of value where consideration is to be paid.
Page 1
6) Purchase of valuable metal means acquiring a valuable metal product or products by a valuable
metal dealer in a single transaction of less than one hundred dollars ($100.00), but does not
include purchases between scrap metal processing facilities which are defined in IC 8-12-1-3(d).
7) Recycling operators means any person who keeps or maintains a yard, covered or uncovered,
space or place, within the City for the purpose of, and engaging in the business of, buying or
selling, exchanging or storing of old or used materials, junk, scrap metals, or scrap materials.
8) Scrap metal dealer means any person who keeps and maintains a yard, covered or uncovered,
space or place, within the City for the purpose of, and engaging in the business of, buying or
selling, exchanging or storing of old or used metals, tinware, brass, copper, iron, lumber, old
automobiles, or any other such type of material commonly called and referred to as "scrap
metals."
9) Scrap metals include insulated and uninsulated metallic cables.
10) Scrap or junk materials means any used metal, both ferrous and nonferrous, lumber, old
automobiles, bottles, old glassware, old tinware, paper, rags, iron, lumber or any other such
materials commonly called and referred to as "scrap or junk materials"; with aluminum beverage
cans or tin cans being excluded.
11) Scrap or junkyard means any yard, area, space or place, either covered or uncovered, enclosed
or unenclosed, maintained and actually used for the purpose of the accumulation or the buying
or selling, storing or exchanging of any such scrap metals,junk or scrap materials.
12) Transfer station means a place or location where scrap metals, junk, trash or garbage or scrap
materials are deposited and then transferred in larger quantities by a different carrier, which are
governed by extensive state and federal regulations and further regulated by the Indiana
Department of Environmental Management(IDEM), the Solid Waste Management Board and the
Environmental Protection Agency (EPA) and exempt from the provisions of this Section.
13) Valuable metal means any product made of metal that readily may be resold. The term:
1) includes metal bossies and small component motor vehicle parts;and
2) does not include the following:
A) A beverage can.
B) Used jewelry regulated under IC 24-4-13.
C) Precious metal regulated under IC 24-4-19.
14) Valuable metal dealer means any individual, firm, corporation, limited liability company, or
partnership engaged in the business of purchasing and reselling valuable metal either at a
permanently established place of business or in connection with a business of an itinerant nature,
including junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors,
salvage yards, collectors of or dealers in junk, and junk carts or trucks. The term includes a core
buyer. The term does not include a person who purchases a vehicle and obtains title to the
vehicle.
b) Rule-making authority of Board of Public Works. The Board of Public Works may have the authority to
adopt rules and regulations related to the monitoring and enforcement of this Section, pursuant to the
following procedure:
1) The Board shall give at least two (2) weeks'written notice of the meeting date, time and location
at which any rules or regulations may be considered for adoption. Said notice shall be sent to the
City Clerk, Common Council Members, Fire Prevention Bureau, and the Neighborhood Code
Enforcement Office; and such notice must be conspicuously posted on the City's website.
2) The Board shall enclose a verbatim copy of all proposed rules and regulations with each notice
sent pursuant to this subsection; and must conspicuously post such proposed rules and
regulations verbatim on the City's website.
Page 2
3) No rule or regulation shall be adopted which would in effect amend the procedures included in
Section 4-51 of this Code; nor shall the Board adopt any rule or regulation which broadens the
intent of that section.
4) Upon the adoption of any rule or regulation, the Clerk of the Board of Public Works shall send a
copy of the same to the City Clerk, Common Council Members, Fire Prevention Bureau, and the
Neighborhood Code Enforcement Office; with this taking place within twenty-four(24) hours after
the Board's action. The Clerk of the Board of Public Works shall also be required to post such
rules or regulations on the City's website within twenty-four (24) hours after the Board's action.
Rules and/or regulations which are not in compliance with this subsection shall be null and void.
c)
Resolution required. No person shall engage in the scrap or junk material business or hold himself
forth as a dealer in scrap materials or scrap metals, or as a valuable metal dealer, or keep or maintain
a scrap or junkyard, or recycling operation within the City without first procuring from the Common
Council, a resolution approving the issuance of a license for the conduct of such business and the
maintenance and operation of such metal yard, junkyard or recycling operation.
d) Application, zoning restrictions.
1) An application for a license under this section shall be filed with the Office of the City Clerk and it
shall be accompanied by a drawing or diagram showing the property lines of the proposed scrap
or junkyard, or recycling operation. Filing of this application with the Office of the City Clerk shall
satisfy the requirements of Section 4-6 of this Chapter.
2) No license shall be issued to any proposed scrap or junkyard, recycling operation or transfer
station for a location within one thousand (1,000) feet of any lot being lawfully used, entirely or in
part, as a single-family, two-family or multifamily dwelling, or any of the following zoning use
districts as defined by the zoning chapter of this Code:
a.
SF1 Single-Family and Two-Family District
b. SF2 Single-Family and Two-Family District
C.
MF1 Urban Corridor Multifamily District
d. MF2 High-Density Multifamily District
e. OB Office Buffer District
f. MU Mixed Use District
g. "O" Office District
h. LB Local Business District
i. CB Community Business District
j. CBD Central Business District
k. GB General Business District
unless such footage requirement is waived by specific resolution of the Common Council. Such
resolution must incorporate one of the following considerations for such a waiver: that the majority
of the business operation would take place within an enclosed structure, that the business would
be located beyond one-half ('/z) of the footage requirement or that a majority of the owners
affected by the new business which are within the one thousand-foot requirement give approval.
3) The foregoing subsection (2) shall not apply to any scrap or junkyard licensed as of the effective
date of this section. If the license for the scrap or junkyard lapses for any period of time, is revoked
or is not renewed for any reason, then the provisions of the foregoing subsection (2) shall apply
to the scrap or junkyard.
e)
Approvals required.
Page 3
1) Upon receipt of an application for the issuance of a license for the maintenance and operation of
a scrap or junkyard, or recycling operation at a location not previously licensed, the Office of the
City Clerk shall upon receipt, date-stamp the application and immediately submit the application
to the Fire Prevention Bureau and the Department of Code Enforcement for their inspections; and
also provide notice of the filing of said application via email to the Department of Administration
and Finance and the Common Council. The Bureau and Department of Code Enforcement shall
cause the premises where such proposed scrap or junkyard, or recycling operation is to be
located to be visited and inspected for the purpose of determining whether such premises are fit
and proper for the maintenance and operation of such a business. All inspections must be
completed by the Code Enforcement and the Fire Department's Fire Prevention Bureau within
ten (10) business days of the receipt of an application by the City.
2) The application shall also be referred to the South Bend Police Department for review and
recommendation. The Police Department shall conduct an investigation of each applicant and
make a recommendation as to whether the application should be granted. In making its
recommendation, the Police Department shall consider the criminal history of the applicant, if any,
and the likelihood that granting the application will endanger the health, safety or welfare of the
public. A report of the investigation and a copy of the traffic and police record of the applicant, if
any, and the recommendation of the Police Department shall be attached to the application and
forwarded to the Office of the City Clerk.
3) The Office of the City Clerk shall forward to the Common Council President with a copy to the
City Controller, the recommendation of the Police Department, and all information provided with
or in support of the application in determining whether the application should be granted. Upon
receipt of the application and comments or recommendations of the South Bend Departments of
Police, Fire and Code Enforcement, the Common Council by resolution shall approve or
disapprove such application at its next regular meeting.
In the event that an applicant does not meet current Code requirements as evidenced in writing
through the City Administration's inspection process, the Office of the City Clerk may recommend
an interim license for such an applicant, with notice being given to the City Controller and the
Common Council.The Controller may issue the interim license upon the Clerk's recommendation.
Interim licenses shall expire within sixty (60) days, unless the applicant can prove to the Office of
the City Clerk that there are extenuating circumstances requiring an extension,which shall require
notice to the City Clerk and Council of the date of expiration.
f) License procedure;posting of license required.
1) In determining whether to approve and adopt a resolution to issue a permit under this section, the
Common Council shall consider the effect or appropriateness of a scrap or junkyard upon the
surrounding area, as well as any comments or recommendations provided by the Fire Prevention
Bureau, the Department of Code Enforcement or the Board of Public Works. No license
application shall be approved without the written approval endorsed upon the application by the
Fire Prevention Bureau and Department of Code Enforcement.
2) Upon final approval of the application by the Common Council, the Office of the City Controller
shall issue or renew the license for maintenance and operation of a scrap or junkyard, or recycling
operation. All licenses issued by the Office of the City Controller shall be conspicuously displayed
by the applicant by the check-out area of their business. If such application is disapproved by the
Fire Prevention Bureau, the Department of Code Enforcement, the Board of Public Works, or the
Common Council, the license shall not be issued. The issuance of all licenses under this section
shall be subject to compliance with all applicable rules and regulations.
3) Any applicant may appeal a denial of a license pursuant to the procedures set forth in Section 4-
16 of this chapter.
g) License fee.
Page 4
1) The fee for an annual license to operate a scrap or junkyard, or recycling operation shall be, two
hundredfifty dollars ($250.00) payable to the Office of the City Controller at the time of the
issuance of such license.
2) The fee for an interim license to operate a scrap or junkyard, or recycling operation shall be
seventy-five dollars ($75.00).
3) The fee for each sixty-day extension of an interim license to operate a scrap or junkyard, or
recycling operation shall be fifty dollars ($50.00).
h) Business hours. No person licensed under this section shall receive or purchase any property
whatever from any person between the hours of 8:00 p.m. and 7:00 a.m., or on legal holidays.
i) Purchases from and sales by minors.
1) No person licensed under this article shall receive or purchase any property whatever from a
minor at any time, except rags, paper and/or aluminum beverage cans or tin cans.
2) No minor shall sell or offer for sale to any person having a license as a junk dealer any of the
articles mentioned in this article as coming under the term "junk," except the sale of rags, paper,
and/or aluminum beverage cans or tin cans as provided in subsection (i)(1).
j) Business records of purchases required; information required; notice to law enforcement agencies;
exceptions for aluminum beverage cans and/or tin cans.
1) Every dealer or operator required to be licensed under this section shall keep at his place of
business a record of all purchases in accordance with accepted accounting practices. Each dealer
or operator shall maintain at the place of business a bound book with consecutively numbered
pages, in which the dealer or operator shall enter or cause to be entered in writing using
permanent ink.
2) Every transaction involving ferrous or nonferrous metal where a single transaction involves less
than one hundred dollars ($100.00), but does not include purchases between scrap metal
processing facilities which are defined in IC 8-23-1-36 shall require the following to be obtained
from each person involved in bringing such terms for the transaction on a form signed under pains
and penalties of perjury. Said form shall be provided by the Department of Administration and
Finance to all dealers or operators licensed under this section. All such dealers or operators shall
retain completed forms for a period of two (2) years. The following information shall be entered
on the forms:
a.
Date, time of purchase and street address where the ferrous and/or nonferrous metal was
located prior to being brought to the licensed business for remuneration;
b. Name, address, telephone (landline and cell, if any) of the individual or individuals from
whom the scrap metal and/or valuable metal was purchased;
C.
Copy of individual(s) driver's license or other government issued identification card which
has a picture of the individual or individuals from whom the scrap metal and/or valuable metal
was purchased;
d. Thumbprint impressions from the individual or from whom the scrap metal and/or valuable
metal was purchased;
e.
Motor vehicle license number of the vehicle or conveyance on which the scrap metal and/or
valuable metal was delivered and the year, make and model thereof;
f. The price paid for the scrap metal and/or valuable metal;
g.
A description and weight of the scrap metal and/or valuable metal purchased;
h. In the alternative, the dealer or operator may maintain the information required by this
subsection in a computer program compatible with a program maintained by the South Bend
Police Department or pre-approved by the South Bend Police Department. All business
records shall be required to be retained for a period of two (2) years.
Page 5
3) Exceptions for aluminum beverage cans and/or tin cans. Dealers or operators shall not be
required to maintain records for aluminum beverage cans and/or tin cans, nor shall such items
be required to be held for seven (7) or three (3) days under subsection (k)(3).
4) Exceptions for scraping of motor vehicles. Any municipality who brings in a motor vehicle(s) for
scraping shall be exempt from the completion of the form addressed in this section with such
municipality complying with all applicable provisions of IC 9-22-1 and other applicable State
and/or Federal law requirements.
k) Electronic Report to Police and Records Required for Inspection and Holding Requirements for Scrap
Metal and/or Valuable Metals; Ferrous and/or Nonferrous Metal.
1) Every dealer or operator shall maintain a physical sales report of scrap metal and/or valuable
metals. Each dealer or operator shall keep and preserve data on or through an electronic or
computer data system database on a daily basis for the preceding twenty-four-hour period of all
purchases of any scrap metal and valuable metal items, unless exempted by this section. Such
information shall be sent via electronic forms of transmission to the South Bend Police
Department using the Records Management System being used by the South Bend Police
Department for the preceding twenty-four-hour period on a daily basis. The data shall include the
time of purchase of any article of any scrap metal and/or valuable metals and include whether
any is marked with a serial number or marked with an owner's engraving or mark. The reports
must contain the seller's full legal name, physical address, date of birth, gender, race, height and
width, the price paid for each item, the purchase date and time, a description of each article
purchased, including identifying marks, engravings, the manufacturer of the item, model number
of the item, the serial number of the item, and the seller's driver's license number or the number
of any other identification issued by a governmental authority bearing the sellers' photograph with
the dealer or operator being required to make a photocopy of the photographic identification
presented at the time of transaction. Every dealer or operator is further required to record the
motor vehicle license number of the vehicle of conveyance that delivered the valuable metal, the
address from where the valuable metal was located before being brought to the dealer or
operator, and a photograph of the valuable metal being sold, as well as a photograph of the
person from whom the valuable metal is being purchased. The form shall also bear a digital
photograph of the items being purchased and a clear, inked, or digital, impression of the seller's
right thumb print and the same transaction number as recorded in the dealer's record book as
required by paragraph (2) below.
If the right thumb is missing any of the customers' fingerprints may be used with an identification
of what finger is used in the right thumb's absence written adjacent to the inked or digital
fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the
Police Department and shall not be blurred or obliterated.
2) Any dealer or operator who is required to be licensed under this section and who has a record
with the City of having violated any of the provisions of this section within the past calendar year,
shall be required to place a hold on all ferrous and/or nonferrous metal purchased for a minimum
period of five (5) business days after notification to the local law enforcement agency required by
subsection (1) above,
with any additional holding period required for enforcement and
investigative purposes being determined on a case by case basis by the South Bend Police
Department. The license issued under this section shall specify the amount of time the items are
to be held.
3) The dealer or operator shall also record the seller's physical description and a description of the
property purchased, as required by this section, and shall retain the physical sales report and
information for three (3) years from the date of the last purchase recorded therein.
4) Any records required to be kept or maintained under this section shall be available at all times for
inspection by the Police Chief or person duly authorized by him or her to inspect the records.
1) Operation and maintenance rules and regulations.
Page 6
1) All scrap and junkyards, and recycling operations, shall be maintained and operated in
compliance with all applicable fire, health and public safety laws of the State and the provisions
of this Code and other ordinances of the City.
2) The operators of such yards shall conform with the following rules and regulations:
a.
Minimum lot area for new yards: All new scrap and junkyards, and recycling operations shall
have a minimum lot area of five (5) acres and shall be zoned GI General Industrial District
pursuant to the zoning provisions of this Code.
b. Fencing: There shall be two (2)types of fencing required to enclose all scrap and junkyards,
and recycling operations:
1. Type A fencing shall consist of fireproof material and shall be a minimum of six (6) feet
in height, and constructed so that it can retain all scrap and junk materials within such
yards. This fencing shall be of uniform material and color and shall be kept in good
repair at all times. Type A fencing shall be used except when Type B fencing is
specifically required.
2. Type B fencing shall consist of opaque or solid fireproof material, and shall be a
minimum of eight (8) feet in height. It shall be erected along or near the outside edges
of the scrap orjunkyard, or recycling operation, and shall completely surround the scrap
orjunk materials to be stored on the premises. Such fencing shall be of uniform material
and color, and shall be kept in good repair at all times. Provided, that any Type B fencing
which shall be erected, as required by this section, shall be a minimum of eight (8) feet
in height. All new businesses or existing businesses which expand or replace Type B
fencing in its entirety after October 1, 1990, shall have opaque fencing which, for
purposes of this section, shall mean a barrier of solid material such as wood, metal, or
similar material whereby one cannot see through such opaque fence, thereby screening
the operation from public view. A chain link fence of said height with metal, wood, or
other opaque material through it which entirely blocks the view of the operation is an
example of the minimum required opaque fence, as used in this section.
C.
Buffer strip:All new businesses or existing businesses which expand after July 1, 1980, shall
have a buffer planting strip of at least fifteen (15) feet in depth and shall be provided and
maintained between the property lines and Type B fencing which abuts public streets,
highways and alleys. Such buffer planting strip shall include a compact hedge, row of
shrubbery or row of evergreen trees and the property lines shall be planted in grass, other
suitable ground cover and/or shrubbery, maintained in good condition, and kept free of litter.
Said area may also include pedestrian walkways, driveways, flagpoles and off-street parking
subject to the off-street parking regulations of this Code. Any existing scrap orjunkyards may
provide and maintain a buffer strip as described in this section.
d. Storage location restrictions: No scrap or junk materials shall be placed or stored outside of
the fencing required by this section. Such junk or scrap stored in such yard, if combustible
or inflammable, shall not be stored closer than three (3) feet to such fence enclosing such
yard.
e.
Maintenance of premises: The operators of such businesses shall:
1. Remove therefrom all combustible materials and all inflammable rubbish, leaves, grass,
dead trees, brush and other materials not being stored thereon as a part of the business
conducted thereon.
2. Keep storerooms and garages free from rubbish, waste materials and old rags and
paper not being stored thereon as a part of the business conducted thereon.
3. Keep all oil, gasoline, oily waste and other greasy material in metal waste cans.
4. Install and keep available fire extinguishers in close proximity to areas within such scrap
or junkyards, and recycling operations wherein trash, metal or other waste materials
Page 7
may be burned, and keep and maintain therein an unobstructed fire truck lane of at
least ten (10) feet in width into such yard from the main entrance thereof.
5. Cause such scrap or junkyard, and recycling operations to be checked and serviced at
reasonable intervals for the effective extermination of rodents in accordance with Health
Department standards.
6. Papers, rags and other loose scrap and junk material shall be handled, stored and
maintained in such a way as to prevent the same from being loose in such junk or scrap
yard, and recycling operations.
f. Compliance with all noise regulations: Compliance with all stationary noise regulations set
forth in Section 13-82 of the South Bend Municipal Code addressing loud and unreasonable
noise.
m)
Semi-annual inspection by Fire Prevention Bureau. The Fire Prevention Bureau shall inspect each
junk or scrap yard, and recycling operations once every six (6) months for the purpose of determining
whether or not the owner or operator is in compliance with this Code, and report such findings to the
Department of Administration and Finance and the Office of the City Clerk.
n)
Applications to be filed. All persons required to be licensed under this section must file an application
or renewal application with the Office of the City Clerk. Any specific requirements of the rules and
regulations herein which cannot be met by the applicant due to unusual hardship, such as adverse
weather conditions, may be granted a thirty-day grace period to complete such requirement(s),
however such applicant shall be subject to complying with the interim licensing provisions during such
period of time. Such additional time shall be upon proper resolution being petitioned for before the City
Clerk's Office setting forth in detail the reasons needed for the additional time. The City Clerk's Office
shall notify promptly the Department of Administration and Finance of any such resolution being filed
along with a recommendation about granting such interim license. In no event shall more than two (2),
sixty-day interim license extensions be granted by the City Controller to any applicant in one (1)
licensing year.
o)
Penalty. Any violation of the provisions of this section shall be deemed an offense and, upon
conviction, the offender shall be
fined not less than two hundred dollars ($200.00), nor more than two
thousand five hundred dollars ($2,500.00). Each violation shall constitute a separate offense and be
punishable as such. The imposition of a fine shall be in addition to the exercise by the Department of
Administration and Finance or the City of any other right or remedy available in law or equity to address
such violation(s).
p)
License denial and/or revocation. Suspension or revocation of any licensed issued under this section
shall be governed by the provisions set forth in Section 4-16 of the South Bend Municipal Code.
q) Video surveillance. Effective September 1, 2006, all businesses required to be licensed under this
section shall be required to have a video surveillance system monitoring all business transactions
which records on video tape when a person tenders his or her signed and verified completed form
required by subsection 0)(2) herein, receives remuneration for items regulated under this section, and
videos the vehicle in which the scrap metal/valuable metal was delivered to the dealer. Video cameras
shall date and time-stamp the video tape. Such tapes shall be retained for thirty (30) days from the
date of transaction. Such video surveillance systems shall be operable during all regular business
hours when the dealer is accepting valuable metals and/or scrap metals for purchase and shall be
available for any member of the South Bend Police Department to review during the hours of ordinary
business. Violation of this subsection shall be considered a separate offense.
r)
Providing of false information. If a person or persons who apply for a license under this section provides
false information, such action shall be considered a violation of this section. Such action shall be
grounds for suspension, revocation or a denial of a license, in addition to being considered a separate
offense for which a citation may be issued.
Page 8
SECTION II. This Ordinance shall take effect upon passage by this Common Council,
approval by the Mayor, and any publication required by law.
PASSED AND ADOPTED by the Common Council of the City of South Bend,
Indianathis day of
2017.
Member, Common Council of the City of South Bend
ATTEST:
Kareemah Fowler, Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City for his approval on the day of
2017, at o'clock
M.
Kareemah Fowler, Clerk
Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South
Bend, approve said Ordinance and return the same to the Clerk of the City of South Bend
this day of
2017.
Pete Buttigieg, Mayor
Page 9
Ord. No. 8998-81, § 1; Ord. No. 7027-82, § 1; Ord. No. 7182-
83, § 1; Ord. No. 7723-
86, § 2; Ord. No. 8117-90, §§ 1, 2; Ord. No. 8813-97, § I, 7-28-97; Ord. No. 9093-00, §
XVIII;
Ord. No. 9673-06, § I, 4-27-06; Ord. No. 9888-08, §§ 1—
IV, 12-8-08; Ord. No.
10287-14, § II, 2-10-14)
Footnotes:
5) ---
State Law reference—
IC 25-37.5 sets forth the State of Indiana's regulations addressing "Dealers in
Valuable Metals" which includes provisions updated by the passage of Public Law 224-2013. Local
regulations are supplemental to the state law provisions.
Page 10
Filed in Clerk's Office
4SpUTH
8
AUG 0 9 2017
PEAK KAREE°,fM F0, `vA1L`..R
CIT'r'
CLERK,SOUT'FHEI 0, I`ve
1865
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
August 7,2017
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Submission of Resolution Approving Waiver of Noncompliance for Real Property
Tax Abatement for CBK Land Development, LLC
Dear Council Member Ferlic,
Attached please find a proposed form of resolution approving a waiver of
noncompliance, pursuant to Indiana Code 6-1.1-12.1-11.3, for CBK Land Development,
LLC (the "
Company"). The
South Bend Common Council (the "Common Council")
adopted its Confirming Resolution 4406-14 confirming the designation of a certain area in
the City of South Bend, Indiana as an Economic Revitalization Area for the purposes of
granting a ten(10)year tax abatement for real property in conjunction with the construction
of a distribution by the Company. The St. Joseph County Assessor's Office distributed a
Notice of Assessment on January 1,2016. The Company filed a Form CF-1/Real Property
with the City of
South Bend on or about March 11, 2016, however, the Company
inadvertently did not file the Form 332/RE with the Auditor's office. The Company
subsequently received a Tax Bill in April 2017 providing that the spring installment of
2016 property taxes on the Parcel was due May 10,2017.Upon receipt ofthe Tax Bill,the
Company filed Form
322/RE with the Auditor's office on or about
May 9, 2017. The
Company timely remitted payment of$61,392.57 to St. Joseph County Treasurer prior to
the May 10,2017 due date for Spring Taxes. The Company is requesting that the Common
Council waive noncompliance with the filing deadline for the Form 322/RE.
The Department of Community Investment endorses and supports this waiver as
the Company has exceeded their abatement milestones.The Company exceeded the project
cost stated in the original petition for tax abatement. The initial cost of the project was
estimated to be $4,885,376 and the actual cost was $5,634,953, which sum is made up of
a land acquisition cost of$484,663.38 and construction costs of$5,150,300. The project
has met the employment representation stated in the original petition for tax abatement
from when the project began operating,until the present date.
EXCELLENCE I ACCOUNTABILITY INNOVATION INCLUSION
I EMPOWERMENT f!
14005County-City Building 227W.Jefferson Bvld. South Bend.Indiana 46601 p 5 74.
235.9371 www.s outh b end in.g ovN
We ask that the attached resolution be referred to the Community Investment Committee
for an advisory recommendation and then heard at the Common Council meeting to be held
on August 14, 2017. Mr. Hoff, Business Process Manager, will be presenting at the
meetings. Should you require additional information,please let me know.
Sincerely,
Director
Economic Resources&Business Development
Department of Community Investment
Attachments
cc:
Robert Hoff, CBK Land Development
Aladean DeRose
Dawn M. Macaddino
Lacie Andrew
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
14005County-City Building 1 227 W.Jefferson Bvld.j South Bend,Indiana466011 p 574.235.9371 ww w.s outh b end in.go v
Bill No.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,WAIVING NONCOMPLIANCE WITH
TAX ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY
KNOWN AS
5245 DYLAN DRIVE, SOUTH BEND,INDIANA
FOR
CBK LAND DEVELOPMENT,LLC
WHEREAS, the Common Council of
the
City of South Bend, Indiana (the
Common Council") at its meeting held on November 10, 2014 adopted its Confirming
Resolution 4406-14 (the "Confirming Resolution") confirming the designation of a
certain area within
the
City of South Bend, Indiana(the "
City")commonly known as 5245
Dylan Drive, South Bend, Indiana(the "Real Property")pursuant to Indiana Code 6-1.1-
12.1 (the "Act"), as an Economic Revitalization Area for the purposes of granting an ten
10) year tax abatement for real property to CBK Land Development,LLC; and
WHEREAS,the Real Property was more particularly described as follows:
613.6' E.n.N.e. & 613.6' E Side S.e.n.e Ex: 4.718 Ac to State and
Ex Irr Tract Nel/4 Nel/4 And ex Irr tract cont
5.26 ac +/- 18-38N-
2E 9.155 ac tot
12/13 split to 025-1010-017002 Per 1111301/08/09 missed and
fixed in 2013 Split to 04-1010-017001 00-01 Split Trans 12204
2/9/1998 Annxd 06-07 per Ord 9587-05 09/10 Pt to Ptg Prairie
Manor 42 10/11 pt to ptg Prairie Minor#3
Beg 910.31' from the NW 1/4 of 38 2e thence Ne 345.46' Thence Se
919.19 thence SW 958.27' Thence Nw 731.96 thence Ne 445.17'
Thence Nw 187.23' thence Ne 167.04 To point ofBeg cont 5.26 Ac
RP 1732 04-03-08
and which has Parcel ID Numbers 025-1010-0170, 025-1010-
016902, and 025-1010-017002.
WHEREAS,the Common Council determined that CBK Land Development LLC
the "Company") qualified for and the Common Council granted a real property tax
1
deduction for a period of ten (10) years as provided in the alternate abatement schedule
pursuant to the Section 17 of the Act set forth below:
Real Property
Year Abatement
1 100%
2 95%
80%
4 65%
5
50%
6
40%
7 30%
8
20%
9 10%
10 5%
WHEREAS,the St.Joseph County Assessor's office issued a Notice of Assessment
dated as of January 1, 2016 with respect to the Parcel; and
WHEREAS, an Application for Deduction from Assessed Valuation of Structures
in Economic Revitalization Areas(Form 322/RE)("Form 322/RE")must be filed with the
St. Joseph County Auditor(the "Auditor")
before May 10 in the year in which the addition
to assessed valuation (or new assessment) is made, or not later than thirty (30) days after
the Notice of Assessment of Land and Improvements (Form 11) (the "Notice of
Assessment") is mailed to the property owner if it is mailed after April 10; and
WHEREAS, Form 322/RE requires that Form CF-1/Real Property (Form CF-1)
Form CF-1")
must be attached to the Form 322/RE; and
WHEREAS,the Company filed a Form CF-1/Real Property with the City of South
Bend on or about March 11, 2016, however, the Company mistakenly and inadvertently
did not file the Form 332/RE with the Auditor; and
WHEREAS, the Company subsequently received a Tax Bill in April 2017 (the
Tax Bill") providing that the spring installment of 2016 property taxes on the Parcel was
due May 10, 2017; and
WHEREAS, upon receipt of the Tax Bill, the Company filed Form 322/RE with
the Auditor's office on or about May 9, 2017; and
WHEREAS, the Tax Bill, without the application of the abatement previously
approved by the Common Council, results in a tax being due of$122,785.14; and
2
WHEREAS, the Company timely remitted payment of$61,392.57 to St. Joseph
County Treasurer prior to the May 10, 2017 due date for Spring Taxes; and
WHEREAS, the Indiana GeneralAssembly enacted Ind. Code § 6-1.1-12.1-11.3
as the expression of this State's policy authorizing a local designating body to waive
tax abatement noncompliance events such as the untimely or erroneous filing of an
application form; and
WHEREAS, the Company is requesting this Common Council to exercise its
authority as the designated body to waive compliance by adopting a resolution pursuant
to Ind. Code § 6-1.1-12.1-11.3 to enable the Company to receive the benefit of the
approved
tax abatement
for 2016 ( Pay 2017).
WHEREAS, the noncompliance event has been corrected, and, pursuant to IC 6-
1.1-12.1-11.3(c),
a public hearing of the Common Council has been held on the subject of
this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I.
The above recitals are incorporated herein by reference, and the
Common Council finds that petitioner has specifically presented supporting testimonial
evidence of the following facts in support of this resolution:
A. The petitioner states that while the Company did file a Form CF-1/Real
Property Form with the City of South Bend, the Company mistakenly and
inadvertently failed to file a Form 322/RE with the Auditor's office before May
10, 2016.
B.
Upon receipt of the 2016 Tax Bill in April 2017, the Company filed with the
County Auditor the Form 322/RE on or about May 9, 2017.
C.
The Company exceeded the project cost stated in the original petition for tax
abatement. The initial cost of the project was estimated to be$4,885,376.00 and
the actual cost was $
5,634,953.90, which sum is made up of a land acquisition
cost of$484,663.38 and construction costs of$5,150,300.52. The project has
met the employment representation stated in the original petition for tax
abatement from when the project began operating, until the present date.
D. The project is a positive development to this community. The Company
continues to improve the project and the Parcel through an addition to the
project of a patio constructed entirely with funds of the Company.
E. All other required documentation has been received from the Company by the
required dates.
3
SECTION II. The foregoing facts, taken together, lead the Common Council to
conclude that compelling reasons exist to waive the filing deadline.
SECTION III. The Common Council hereby reaffirms that the ten-year tax
abatement previously granted to CBK Land Development, LLC in Resolution No. 4406-
14 remains in effect, and it further waives the filing deadline of Form 322/RE by May 10,
2016, and pursuant to Section 4.8 of the Act and Section 11.3 of the Act, adopts this
resolution that authorizes acceptance.
SECTION IV. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Member ofthe Common Council
Filed in Clerk's Office
PRESENTED
AUG 0 9 2017
T$07 APPROVED4
OPTED
KAREEMAH FOWLER
CITY CLERK,SOUTH IaEI~1D,IN
Filed in Clerk's Off+
PEAfCE
x x AUG 0 9 2017
1865
I
ii rh
lll!!"•iH R61WLEN
CITY OF SOUTH BEN ^' LI K, ®DTI BEN;a
COMMUNITY INVESTMENT
August 7,2017
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor,County City Building
South Bend, IN 46601
RE:
Submission ofResolution Approving Waiver of Noncompliance for Real Property
Tax Abatement for Vida Realty, LLC
Dear Council Member Ferlic,
Attached please find a proposed form of resolution approving a waiver of
noncompliance, pursuant to Indiana Code 6-1.1-12.1-11.3, for Vida Realty, LLC (the
Company"). The South Bend Common Council (the "Common Council") adopted its
Confirming Resolution 4350-14 confirming the designation ofa certain area in the City of
South Bend, Indiana as an Economic Revitalization Area for the purposes of granting a
two (2) year tax abatement for vacant real property in conjunction with investment in
improvements to existing building construction along with purchase ofnew machinery &
equipment, special tooling/retooling and new computer/IT hardware.
The St. Joseph County Assessor's Office distributed a Notice of Assessment on
January 1, 2016. The Company filed a Form CF-1/VBD with the City of South Bend in
2017,
however, the Company inadvertently did not file the Forms CF-1/VBD and
322NBD in 2015 and 2016 with the Auditor's office. The Company received Tax Bills in
2015 and 2016 but was under assumption that since they were granted a tax abatement
those bills were sent mistakenly. Then the Company received a Tax Bill in April 2017
providing that the spring installment of 2016 personal property taxes was due May 10,
2017. That time the Company remitted payment of$1.0,964.04 to the St. Joseph County
Treasurer but it still owes $19,559.71 of delinquent taxes for the previous years.
The Company is requesting that the Common Council waive noncompliance with
the filing deadline for the Form 322NBD for 2015 and 2016.
The Department of Community Investment endorses and supports this waiver as
the Company has met and/or exceeded their abatement milestones.The Company exceeded
the project cost stated in the original petition for tax abatement. The initial cost of the
project was estimated to be $100,000 over two years and the actual cost was $
184,368.
EXCELLENCE IACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT
14005County-City Building 227W Jefferson Bvld. SouthBend,Indiana 46601 p574.
235.9371 www.sou thbe ndi n.g ov
Year to date, the company has invested $220,675 compared to a projected amount of
250,000 through 2020. The project has met the employment representation stated in the
original petition for tax abatement from when the project began operating,until the present
date.
We ask that the attached resolution be referred to the Community Investment
Committee for an advisory recommendation and then heard at the Common Council
meeting to be held onAugust 14,2017. Mr.Vida,Managing Member ofVida Realty,LLC,
will be presenting at the meetings. Should you require additional information, please let
me know.
Sincerely,
Direc or
Economic Resources&Business Development
Department of Community Investment
Attachments
cc:
Dane Vida, Vida Realty, LLC
Aladean DeRose
Thomas M. Walz
EXCELLENCEI ACCOUNTABILITYINNOVATION I INCLUSION I EMPOWERMENT
14005County-City Building 227W.Jefferson Bvld. South Bend,Indiana 46601 p 574.235.9371 1 www.south bend in.gov
Bill No.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,WAIVING NONCOMPLIANCE WITH
TAX ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY
KNOWN AS
1902 WEST SAMPLE STREET, SOUTH BEND,INDIANA
FOR
VIDA REALTY, LLC
WHEREAS,the Common Council of the City of South Bend, Indiana(the"Common
Council")
at its meeting held on the 28th day ofApril, 2014 adopted its Confirming Resolution
No. 4350-14 (the "
Confirming Resolution")
confirming the designation of a certain area within
the
City of South Bend, Indiana(the"
City"), commonly known as 1902 West Sample Street,
South Bend, Indiana(the "Real Property")pursuant to Indiana
Code 6-1.1-12.1 (the "Act"), as an
Economic Revitalization Area for the purposes of granting a two (2) year tax abatement for real
property to VidaRealty,LLC, an Indiana LimitedLiability Company (the "
Company"); and
WHEREAS,the Real Property was more particularly described as follows:
Beg. 603.53' E of Inter of
E Right of Way ofOlive Street&
N Right of Way of Western Avenue
W 1/2 NE 1/4 Sec 10-37-2E
Cont Approx 6.622 Act+-
and which has Key Number 018-4096-35810.
WHEREAS,the Common Council determined that the Company qualified for and the
Common Council granted a real property tax abatement for the period of two (2) years as
provided in the alternate abatement schedule pursuant to Section 17 of the Act; and
WHEREAS,the Company inadvertently failed to file Form 322NBD for 2015 and 2016
and Form CF-INBD for 2015 and 2016; and
1
WHEREAS,the principals ofthe Company were unclear and unaware of the requisite
ongoing procedures required to gain the tax abatement granted by the above referenced
Resolution; and
WHEREAS,the following facts support approval ofthis resolution:
A. The Petitioner states that the Company was unclear of the necessity to file Form
322NBD and Form CF-INBD, which need to be filed with the Auditor's Office
within thirty(30) days of September 14, 2015 and September 14, 2016;
B.
Petitioner failed to file its requisite forms due to its confusion and misunderstanding
about its filing responsibilities;
C.
Upon learning of its mistake and receipt ofa tax bill, the Company filed with the
Company auditor a Form 322NBD and Form CF-lNBD in 2017;
D. Petitioner has taken steps to avoid this problem in the future;
E.
The Company exceeded the estimates stated in the original Petition for Tax
Abatement, in light of the fact that eight(8)new, permanent, full-time employment
positions have been added since the granting of the tax abatement;
F.
That annual payroll for 2015 was Three Hundred Fifty-five Thousand Nine Hundred
Two Dollars and Nine Cents ($355,902.09);
G. That annual payroll for 2016 was Three Hundred Forty-four Thousand Three
HundredThirty-three Dollars and
Thirty-five Cents ($344,333.35);
H. To date in 2017 payroll is Two Hundred Twenty-five Thousand Four Hundred Sixty-
five Dollars and
Ninety-nine Cents ($225,465.99), and annualized to Three Hundred
Eighty-six Thousand Five Hundred Thirteen dollars and Twelve Cents ($386,513.12);
I.
Additionally,the Company has been able to retain twelve(12) current full-time
positions of employment;
J.
Petitioner invested One Hundred Eighty-four Thousand Three Hundred and Sixty-
eight Dollars ($
184,368.00) in the subject real property and improvements in 2014
and 2015, and a total of Two Hundred Twenty Thousand Six Hundred and Seventy-
five Dollars ($220,675.00) year to date;
K. The project in question is a positive development to this community, especially in
light ofthe location of the improvements and real property in question,being a
2
revitalization area. The Company continues to improve the project and the parcel to
additional improvements;
L.
All other required documentation has been filed by the Company by the required
dates; and.
WHEREAS, due to the inadvertent lack of activity by the Company, unabated taxes were
assessed against the property and outstanding billings are owed; and
WHEREAS, the Company has been advised that its current liability for real property
taxes is approximately Twenty Thousand Eight HundredTwenty-seven Dollars ($20,827.00);
and
WHEREAS, the Indiana GeneralAssembly enacted Ind. Code § 6-1.1-12.1-11.3 as the
expression of this State's policy authorizing a local designating body to waive tax abatement
noncompliance events such as the untimely or erroneous filing of an application form; and
WHEREAS,the Company is requesting this Common Council to exercise its authority as
the designated body to waive compliance by adopting a resolution pursuant to Section 11.3 ofthe
Act; and
WHEREAS,the noncompliance event has been corrected, and, pursuant to IC 6-1.1-12.1-
11.3(c),
a public hearing ofthe Common Council has been held on the subject of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION 1.
The above recitals are incorporated herein by reference, and the Common
Council specifically finds that petitioner has presented supporting testimonial evidence of
the those facts identified above and previously as"A"through"L" in support ofthis
resolution.
SECTION 11. The facts as stated in the recitals,taken together,lead the Common
Council to conclude that compelling reasons exist to waive the filing deadline.
SECTION 111. The Common Council hereby reaffirms that the two-year tax abatement
previously granted to Vida Realty, LLC in Resolution No. 4350-14 remains in effect, and
it further waives the filing deadline of Form 322NBD and Form CF-l/VBD within thirty
30) days of September 14, 2015 and September 14, 2016, for both years (2015 and 2016)
and pursuant to Section 4.8 of the Act and Section 11.3 ofthe Act, adopts this resolution
that authorizes acceptance.
3
SECTION IV. This Resolution shall be in full force and effect from and after its adoption
by the Common council and approval by the Mayor.
Member of the Common Council
Filed in Clerk's Office
PRESENTED
AUG 09 2011
4
HOT APPRC`v=`-KAREEMAH FOWLER
OPT&U
CITYCLERK,SOUTH FEND,IN
p4
S p U T H
Filed in Clerk's Office
V!'1
PEACES'.._
l!
O Q 2017a
x x
1865
KAi WLER
CITYCLr AND, IN
CITY OF SOUTH BEND--—
COMMUNITY INVESTMENT
August 7,2017
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Submission of Resolution Approving Waiver of Noncompliance for Personal
Property Tax Abatement for Chase Plastic Services, Inc.
Dear Council Member Ferlic,
Attached please find a proposed form of resolution approving a waiver of
noncompliance,pursuant to Indiana Code 6-1.1-12.1-11.3, for Chase Plastic Services, Inc.
the "
Company"). The South Bend Common Council(the"Common Council")adopted its
Confirming Resolution 4405-14 confirming the designation ofa certain area in the City of
South Bend, Indiana as an Economic Revitalization Area for the purposes of granting a
five (5) year tax abatement for personal property in conjunction with the purchase and
installation of new equipment at their new distribution center. The St. Joseph County
Assessor's Office distributed a Notice of Assessment on January 1, 2016. The Company
filed a Form CF-1/Real Property with the City of South Bend on or about March 11,2016,
however, the Company inadvertently did not file the Form 103/ERA and required
attachments with the Assessor's office. The Company subsequently received a Tax Bill in
April 2017 providing that the spring installment of 2016 personal property taxes on the
Parcel was due May 10, 2017. The Company timely remitted payment of$2,749.20 to the
St.Joseph County Treasurer prior to the May 10, 2017 due date for Spring Taxes.
The Company is requesting that the Common Council waive noncompliance with
the filing deadline for the Form 103/ERA along with the Form 103/EL.
The Department of Community Investment endorses and supports this waiver as
The Company has met and/or exceeded their abatement milestones. The Company
exceeded the capital expenditure cost stated in the original petition for tax abatement. The
initial projection associated with the purchase of new equipment for the Company was
265,000 and
the actual cost
through
December 31, 2016, was $738,568.00. The project
has met the employment representation stated in the original petition for tax abatement
from when the project began operating,until the present date.
EXCELLENCE1 ACCOUNTABILITY I INNOVATIONI INCLUSION1 EMPOWERMENT
O
1
1400SCounty-City Building 227W.Jefferson
Bvld. South Bend,Indiana 46601 p574-
235.9371 v wv w.sout hben di n.go v
We ask that the attached resolution be referred to the Community Investment Committee
for an advisory recommendation and then heard at the Common Council meeting to be
held on August 14, 2017. Mr. Hoff, Business Process Manager of Chase Plastic Services,
will be presenting at the meetings. Should you require additional information,please let
me know.
Sincerely,
Director
Economic Resources&Business Development
Department of Community Investment
Attachments
cc:
Robert Hoff, Chase Plastic Services
Aladean DeRose
Dawn M. Macaddino
Lacie Andrew
EXCELLENCE I ACCOUNTABILITY
INNOVATION I INCLUSION I EMPOWERMENT
14005
County-City Building 1 227 W.Jefferson Bvld. South Bend,Indiana 46601 p 574.
235.9371 ww w.s outh bend in.gov
Bill No.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,WAIVING NONCOMPLIANCE WITH
TAX ABATEMENT PROCEDURES FOR PERSONAL PROPERTY LOCATED
AT
5245 DYLAN DRIVE, SOUTH BEND,INDIANA
FOR
CHASE PLASTIC SERVICES,INC.
WHEREAS, the Common Council of the
City of South Bend, Indiana (the
Common Council")
at its meeting held on November 10, 2014 adopted its Confirming
Resolution 4406-14 (the "
Confirming Resolution")
confirming the designation of a
certain area within the
City of South Bend, Indiana(the "
City")commonly known as 5245
Dylan Drive, South Bend, Indiana(the "Real Property") pursuant to Indiana Code 6-1.1-
12.1 (the "Act"),
as an Economic Revitalization Area for the purposes of granting a five
5) year tax abatement for personal property to Chase Plastic Services, Inc. (the
Company"); and
WHEREAS, the Personal Property is located upon real property more particularly
described as follows:
613.6' E.n.N.e. & 613.6' ESide S.e.n.e Ex: 4.718 Ac to State and
Ex Irr Tract Nel/4 Nel/4 And ex Irr tract cont 5.26 ac +/- 18-38N-
2E 9.155 ac tot
12/13 split to 025-1010-017002 Per 1111301/08/09 missed and
fixed in 2013 Split to 04-1010-017001 00-01 Split Trans 12204
2/9/1998 Annxd 06-07 per Ord 9587-05 09/10 Pt to Ptg Prairie
Manor#2 10/11 pt to ptg Prairie Minor#3
Beg 910.31' from the NW '/4 of38 2e thence Ne 345.46' Thence Se
919.19 thence SW 958.27' Thence Nw 731.96 thence Ne 445.17'
Thence Nw 187.23' thence Ne 167.04 To point of Beg cont 5.26 Ac
RP 1732 04-03-08
and which has Parcel ID Numbers 025-1010-0170, 025-1010-
016902, and 025-1010-017002.
WHEREAS, the Common Council determined that the Company, which is the
tenant of property owner CBK Land Development, LLC, qualified for and the Common
Council granted a personal property tax deduction for a period of five(5)years as provided
in the alternate abatement schedule pursuant to the Section 17 ofthe Act set forth below:
1
Personal Property
Year Abatement
1 100%
2 80%
3 60%
4 40%
5 20%
WHEREAS, St. Joseph County Assessor's office issued a Notice of Assessment
dated as of January 1, 2016 with respect to the Personal Property; and
WHEREAS, the Company field a timely Business Tangible Personal Assessment
Return (Form 103- Long)with the Assessor for St. Joseph County prior to the deadline of
May 15, 2016.
WHEREAS, a Schedule of Deduction from Assessed Valuation Personal Property
In Economic Revitalization Area ("Form 103-ERA") must be filed with the St. Joseph
County Assessor (the "Assessor")
before May 15 in the year in which the addition to
assessed valuation (or new assessment) is made, or not later than thirty (30) days after the
Notice of Assessment of Land and Improvements (Form 11) (the "Notice of Assessment")
is mailed to the property owner if it is mailed after April 10; and
WHEREAS, along with the Form 103-ERA, a Form CF-1/Personal Property is
required to be attached, and in the case of first-time filings, the applicable SB-1 and
Resolution from the South Bend Common Council must be filed with the Assessor; and
WHEREAS, the Company filed a Form CF-1/Personal Property with the City of
South Bend on or about March 11, 2016, however,the Company inadvertently did not file
with the Assessor the Form 103-ERA and required attachments with it; and
WHEREAS, the Company subsequently received a Tax Bill in April 2017 (the
Tax Bill")
providing that the spring installment of 2016 personal property taxes on the
Parcel was due May 10, 2017; and
WHEREAS, the Tax Bill, without the application of the abatement previously
approved by the Common Council, results in a personal property tax being due of
5,498.40; and
WHEREAS,the Company timely remitted payment of$2,749.20 to the St. Joseph
County Treasurer prior to the May 10, 2017 due date for Spring Taxes; and
WHEREAS, the Company filed the Form 103- ERA, along with a Form 103-EL,
with the Assessor on July 18, 2017, and
2
WHEREAS, the Indiana General Assembly enacted Ind. Code § 6-1.1-12.1-11.3
as the expression of this State's policy authorizing a local designating body to waive
tax abatement noncompliance events such as the untimely or erroneous filing of an
application form; and
WHEREAS,the Company requests this Common Council to exercise its authority
as the designated body to waive compliance by adopting a resolution pursuant to Ind.
Code §
6-1.1-12.1-11.3 to enable the Company to receive the benefit of the approved tax
abatement for 2016/Pay 2017; and
WHEREAS, the noncompliance event has been corrected, and, pursuant to IC 6-
1.1-12.1-11.3(c),
a public hearing of the Common Council has been held on the subject of
this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I.
The above recitals are incorporated herein by reference, and the
Common Council specifically finds that petitioner has presented supporting testimonial
evidence of the following facts in support of this resolution:
A. The petitioner states that while the Company did file a timely Form 103-Long
with the Assessor and a CF-1/Personal Property Form with the City of South
Bend,the Company mistakenly and inadvertently failed to file a Form 103/ERA
with attachments with the Assessor's office before May 10, 2016.
B.
The Company exceeded the capital expenditure cost stated in the original
petition for tax abatement. The initial projection associated with the purchase
of new equipment for the Company was $265,000 and the actual cost through
December 31, 2016, was $738,568.00. The project has met the employment
representation stated in the original petition for tax abatement from when the
project began operating, until the present date.
C.
The project is a positive development to this community. The Company
continues to improve the project and add equipment.
D. All other required documentation has been received from the Company by the
required dates.
SECTION II. The foregoing facts, taken together, lead the Common Council to
conclude that compelling reasons exist to waive the filing deadline.
SECTION III. The Common Council hereby reaffirms that the five-year personal
property tax abatement previously granted to Chase Plastic Services,Inc.in Resolution No.
4406-14 remains in effect, and it further waives the filing deadline of Form 103-RE by
3
May 10, 2016, and pursuant to Section 4.8 of the Act and Section 11.3 ofthe Act, adopts
this resolution that authorizes acceptance.
SECTION IV. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Member of the Common Council
Filed in Clerk's Office
PRESENTED
AUG 09 2017
NOT APPRO'.MW
4
KARE;=MAH FOWLEtpOP=
CITY CLERK,SOUTH BENi'1 IN
4$
OUTH,&
Filed in Clerk's Office
Wd AUG 0 9 2017
PEAC E'
i ts
1565
CITY`
Y'?,
IN)
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
August 7, 2017
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Submission of Resolution Approving Waiver of Noncompliance for Real Property
Tax Abatement for Manufacturing Technology, Inc.
Dear Council Member Ferlic,
Attached please find a proposed form of resolution approving a waiver of
noncompliance,pursuant to Indiana Code 6-1.1-12.1-11.3,for Manufacturing Technology,
Inc. (the "
Company"). The SouthBend Common Council (the "Common Council")
adopted its Confirming Resolution 4491-15 confirming the designation of a certain area in
the City of South Bend, Indiana as an Economic Revitalization Area for the purposes of
granting a
two (2) year tax abatement for vacant real property in conjunction with
investment in improvements to existing building construction along with purchase of new
machinery&
equipment, special tooling/retooling and new computer/IT hardware.
The St. Joseph County Assessor's Office distributed a Notice of Assessment on
January 1, 2016. The Company filed a Form CF-1/Real Property with the City of South
Bend in 2016, however, the Company inadvertently did not file the Form 322NBD with
the Auditor's office. The Company subsequently received a Tax Bill in April 2017
providing that the spring installment of 2016 personal property taxes was due May 10,
2017. The Company remitted timely payment of $28,854.36 to the St. Joseph County
Treasurer prior to the May 10, 2017 due date for Spring Taxes.
The Company is requesting that the Common Council waive noncompliance with
the filing deadline for the Form 322NBD.
The Department of Community Investment endorses and supports this waiver as
the Company has been on track with their abatement milestones. The initial projection
associated with
building improvements was $
929,000 and the actual cost through
December 31,2016,was$718,962. The company is planning to invest around$650,000 in
the roofover the next five to eight year. That investment is contingent upon getting more
business into the building.The project has met the employment representation stated in the
EXCELLENCE i
ACCOUNTABILITY
I INNOVATION ' INCLUSION EMPOWERMENT
14005 County-City Building 227W.Jefferson Bvld. South Bend,Indiana 46601!p 574.235.9371 www.southbendin.gov
C
I
original petition for tax abatement from when the project began operating,until the present
date. In 2015 the company was also granted a personal tax abatement and it has
appropriately and fully complied with reporting requirements.
We ask that the attached resolution be referred to the Community Investment
Committee for an advisory recommendation and then heard at the Common Council
meeting to be held on August 14,2017. Mr. Laiman,Vice President and General Manager
of Manufacturing Technology, will be presenting at the meetings. Should you require
additional information,please let me know.
I
Sincerely,
iLL —
Direct
Economic Resources&Business Development
Department ofCommunity Investment
Attachments
cc:
Michael Laiman,Manufacturing Technology, Inc.
Aladean DeRose
II
I
EXCELLENCE 1
ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
14005 County-CityBuilding 227W Jefferson Bvld. South Bend,Indiana 46601 p574.235.9371 v waw.s outh b endin.
gov
Bill No.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,WAIVING NONCOMPLIANCE WITH TAX
ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY KNOWN AS
402 NORTH SHERIDAN STREET, SOUTH BEND,INDIANA
FOR
MANUFACTURING TECHNOLOGY, INC.
WHEREAS, on August 24, 2015, the Common Council of the City of South Bend (the
Common Council") adopted Resolution No. 4491-15 (the "2015 Resolution"), approving a two
2) year real property tax abatement for the purchase and improvement of the vacant building
located at 402 North Sheridan Street, South Bend, Indiana 46619 (the "
Building") by
Manufacturing Technology, Inc. ("MTI" or "Taxpayer"),
within an area located in the City of
South Bend that had been designated an economic revitalization area in accordance with IND.CODE
6-1.1-12.1-1, et seQ.;
WHEREAS, as part of MTI's abatement application, MTI described for the Common
Council that MTI would by the end of the two (2) year abatement period (a) invest $929,000 on
capital improvements to the
Building, (b) create at least seven (7) new, permanent full time jobs
with a total estimated annual payroll of $300,000, and (c) maintain
twenty five (25) existing
permanent full time jobs representing an annual payroll of$895,000;
WHEREAS,MTI purchased and commenced operations in the former vacant Building and
has made progress on meeting the objectives in its abatement application;
WHEREAS,while MTI submitted its Application for Deduction from Assessed Valuation
Real Property Vacant Building Deduction ("Form 322NBD") and related Compliance Statement
of Benefits VacantBuilding Deduction ("CF-INBD,"
and collectively with Form 322NBD the
Application Forms")
to the City of South Bend Department of Community Investment in 2016,
MTI may have inadvertently failed to timely and properly file Application Forms with the City
Clerk and the St. Joseph County Auditor;
WHEREAS,the Taxpayer timely filed Application Forms to claim benefits ofthe property
tax abatement for the second year of the tax deduction 2017 (Pay 2018 tax year);
WHEREAS, the Common Council recognizes that (a) MTI has fulfilled its pledge to
purchase the Building and has made progress in meeting its capital improvement and employment
goals, both of which enhances the tax base and supports employment in the City of South Bend;
b) MTI has requested a waiver of its inadvertent oversight for filing of the Application Forms in
the wrong office to claim benefits ofthe tax deduction for the first year ofthe tax deduction,which
1
the Common Council has the power and authority to approve under Indiana law, and (c) MTI
would have been entitled to receive the tax deduction for the first year of the deduction had no
noncompliance event occurred;
WHEREAS, the Indiana General Assembly enacted Ind. Code § 6-1.1-12.1-11.3 as the
expression of this State's policy authorizing a local designating body, i.e., the South Bend
Common Council, to waive tax abatement noncompliance events such as the untimely or
erroneous filing of an application form; and
WHEREAS, the noncompliance event has been corrected, and,pursuant to IC 6-1.1-12.1-
11.3(c),
a public hearing ofthe Common Council has been held on the subject ofthis Resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, AS FOLLOWS:
SECTION I.
The Taxpayer has presented testimonial and documentary evidence
supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original
Statement of Benefits and its application for tax abatement related to the purchase and
improvement of the Building located at 402 North Sheridan Street, South Bend, Indiana (the
Property"),and(b)inadvertent oversight leading to a belated filing or filing in the incorrect office
ofthe Form 322NBD"Application for Deduction from Assessed Valuation Real Property Vacant
Building Deduction" to claim the benefits of a tax deduction for the January 1, 2016 assessment
date of the Property.
SECTION II. The foregoing facts, taken together, lead the Common Council to conclude
that the Taxpayer has substantially fulfilled its projected plans to purchase, improve, and conduct
operations at the
Property contemplated as part of the 2015 Resolution(the "Deduction") and that
its belated/errant filing of an application required to claim the benefits of the Deduction as of for
taxes due and payable in 2016 was inadvertent.
SECTION III.
The Common Council hereby waives all matters of noncompliance that
may be waived under State and local law regarding the late filing of applicable abatement
applications in order for the Taxpayer to claim and receive the benefit of the abatement on its
investment contemplated as part ofthe 2015 Resolution as of the January 1,2016 assessment date,
all as
is permitted under IND. CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all
nonconformitiesrelating to the requirement, under IND. CODE § 6-1.1-12.1-5 that economic
revitalization area deduction applications be timely filed with the county auditor to claim property
tax deductions for the 2016 (Pay-2017)tax year.
SECTION IV. The Common Council incorporates herein by reference, and hereby ratifies
and reaffirms: (a)the 2015 Resolution;(b)the tax abatement application and statements of benefits
of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of
the City of South Bend are authorized to take all such further acts and execute and deliver all such
further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary
to give effect to this Resolution,all without further application to or formal action by the Common
Council.
2
SECTION V. This Resolution shall be in full force and effect from and after its passage
and approval by the Mayor.
Member of the Common Council
DMS 9958433x4
FffClerk's
ffice
JRESEIVTE.-.:.,
NOT APPPOVW. KAREEtViAH rOWLER
BORTida
3 CITYCLERK,SOUTH SEND, IN
1200 COUNTY-CITY BUILDING S pU
THg\ PHONE 574/235-9241
227 W.JEFFERSON BOULEVARD O FAX 574/235-7670
SOUTH BEND,INDIANA 46601-1830 TTY 574/235-5567
W cF
y
r
N
1565
R
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE
ALADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
August 23,2017
Filed in Clerk's Office
Mr.Tim Scott,President
F-,UG 2 2 2011
City of South Bend Common Council
227 W.Jefferson Boulevard, 4`'Floor KAREEMAH FOWLER
South Bend, Indiana 46601 CITY CLERK,SOUTH BEND.IN
RE:Amendment to Office Lease Agreement with 207 North Main,LLC
Dear President Scott,
We request Council's approval of an Amendment to the Lease Agreement between the City of
South Bend and 207 North Main,LLC. The purpose of this lease is to provide office space to
accommodate the City's waterworks utility administrative offices at 209 North Main Street, South
Bend, Indiana 46601.The relevant terms of the lease agreement are as follows:
Lease was approved by Board of Public Works at a public meeting on August 22,2017
Space has been leased by the City since August 1, 2009
Yearly rent of$52,450.50 with slight increases for Years 2 and 3
Lease allows for early termination with minimal consequences should the City elect to
relocated or construct a new facility for the waterworks utility administration
I will present this resolution to the Council at its Committee meeting and at its regular meeting
on August 28,2017.
Thank you for your attention to this request. If you should have any questions,please feel to
contact me at 574-235-5860.
Yours
J„
Michael J. Schmidt
LLLIOT A. ANDERSON DANIELLE K.
CAMPBELL ASHLEY MILLS COLBORN
BENJAMINJ.DOUGHERTYMICHAEL J.SCHMIDT
i'
BILL NO.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,APPROVING THE AMENDMENT TO THE LEASE OF A
BUILDING LOCATED AT 209 N.MAIN STREET, SUITE 207, SOUTH BEND,
INDIANA
WHEREAS,the
City of
South Bend("City")wishes to extend its current lease of
a
building located at
209 N. Main Street, Suite 207,
South Bend, IN
46601 ("Property")
owned
by 207 North Main, LLC ("Landlord"); and
WHEREAS,the City currently leases the Property for use by the City's water
works utility for use as administrative office space; and
WHEREAS,the proposed lease extension is for three(3) years with a six(6)
month notice for early termination; and
WHEREAS,the Board of Public Works held a public hearing with respect to the
appropriateness ofthe proposed lease renewal at its August 22,2017 meeting; and
WHEREAS,pursuant
to I.C. § 36-1-10-7,the City instructed its water works
utility department to collect signatures from fifty(50) City property owners indicating
their support of the lease of the Property. Said petition is attached hereto as Exhibit A
and incorporated herein; and
WHEREAS,pursuant
to I.C. §
36-1-10-7,the Common Council must determine
that the structure is needed and approve said lease of the Property.
NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana, as follows:
SECTION I. The Common Council deems it necessary for the City,through its
Water Works Utility,to extend its lease of the Property located at 209 North Main Street,
Suite 207 for administrative office space, and approves the extension of that lease.
SECTION II.The City of South Bend is hereby authorized to renew its
lease ofthe Property.
1
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.
Member of the Common Council
II
ICI
Filed in Clerk's Office
AUG 2 2 2017
PR!'SENT'!
KAREEMAH FOWLER
NOT A,PPROWD
CITY CLERK,SOUTH BEND,IN
e rr]PTEC7
Filed in Clerk's Office
AUG 2 2 2011
PETITION REQUESTING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEN , IND
WLFR
INTO A LEASE AGREEMENT FOR THE OFFICE SPACE AT 209 N. MAIN STREE ,6I# bi9?K,SOUTH BEND,IN
TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA:
The undersigned, owners of taxable real estate in the City of South Bend, Indiana, petition the Board of
Public Works of the City of South Bend, Indiana, pursuant to I.C. 36-1-10-7, to provide office space for
South Bend Water Works by entering into a lease agreement with 207 North Main, LLC for approximately
3,883 square feet. The lease shall be in effect for an additional Thirty-six(36) months commencing August
1, 2017 and ending July 31, 2020. Beginning annual base rental rate is $52,421 with a minimal modified
gross rate thereafter.
ONLY SOUTH BEND PROPERTY OWNERS CAN SIGN
SIGN AND PRINT YOUR -EGAL NAME
SIGNITURE PRINTED NAMENAME
I U
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
BEND
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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SIGNITURE PRINTED NAME
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SIGNITURE PRINTED NAME
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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SIGNITURE PRINTED NAME
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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PETITION REQUESTING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA TO ENTER
INTO A LEASE AGREEMENT FOR THE OFFICE SPACE AT 209 N. MAIN STREET, SUITE 207,
TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA:
The undersigned, owners of taxable real estate in the City of South Bend, Indiana, petition the Board of
Public Works of the City of South Bend, Indiana, pursuant to I.C. 36-1-10-7, to provide office space for
South Bend Water Works by entering into a lease agreement with 207 North Main, LLC for approximately
3,883 square feet. The lease shall be in effect for an additional Thirty-six(36) months commencing August
1, 2017 and ending July 31, 2020. Beginning annual base rental rate is $52,421 with a minimal modified
gross rate thereafter.
ONLY SOUTH BEND PROPERTY OWNERS CAN SIGN
SIGN AND PRINT YOUR LEGAL NAME
SIGNATURE PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
BEND
SIGNATURE PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
BEND
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SIG NA PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
BEND
SIGNATURE PRINTED NAME J0A)A `//61 IV
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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SIGNATURE PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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PETITION REQUESTING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA TO ENTER
INTO A LEASE AGREEMENT FOR THE OFFICE SPACE AT 209 N. MAIN STREET, SUITE 207,
TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA:
The undersigned, owners of taxable real estate in the City of South Bend, Indiana, petition the Board of
Public Works of the City of South Bend, Indiana, pursuant to I.C. 36-1-10-7, to provide office space for
South Bend Water Works by entering into a lease agreement with 207 North Main, LLC for approximately
3,883 square feet. The lease shall be in effect for an additional Thirty-six(36) months commencing August
1, 2017 and ending July 31, 2020. Beginning annual base rental rate is $52,421 with a minimal modified
gross rate thereafter.
ONLY SOUTH BEND PROPERTY OWNERS CAN SIGN
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SIGN AND PRINT YOUR LEGAL NAME
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SIGNITURE PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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SIGNITURE PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
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SIGNITURE PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
BEND
SIGNITURE PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
BEND
PETITION REQUESTING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA TO ENTER
INTO A LEASE AGREEMENT FOR THE OFFICE SPACE AT 209 N. MAIN STREET, SUITE 207,
TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA:
The undersigned, owners of taxable real estate in the City of South Bend, Indiana, petition the Board of
Public Works of the City of South Bend, Indiana, pursuant to I.C. 36-1-10-7, to provide office space for
South Bend Water Works by entering into a lease agreement with 207 North Main, LLC for approximately
3,883 square feet. The lease shall be in effect for an additional Thirty-six(36)months commencing August
1, 2017 and ending July 31, 2020. Beginning annual base rental rate is$52,421 with a minimal modified
gross rate thereafter.
ONLY SOUTH BEND PROPERTY OWNERS CAN SIGN
SIGN AND PRINT YOUR LEGAL NAME
SIGNITURE PRINTED NAME
TITLE ADDRESS OF PROPERTY OWNED IN SOUTH
BEND
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1200 COUNTY-CITY BUILDING
4
OUT \ PHONE 574/235-9241
227 W.JEFFERSON BOULEVARD
SO
d FAX 574/235-7670
SOUTH BEND,INDIANA 46601-1830 ti TTY 574/235-5567
U C
1565
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE ALADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
Filed in Clerk's Office
August 23, 2017
Mr. Tim Scott,President AUG 2 2 2017
City of South Bend Common Council
O
227 W.Jefferson Boulevard, 4`' Floor KAREEM FOWLER
South Bend, Indiana 46601
CITY CLERK,SOUTH BEND, IN
RE:
Indiana Task Force One Memorandum of Agreement between the City of South
Bend and its Fire Department and the City of Indianapolis Department ofPublic
Safety
Dear President Scott,
We request Council's appro va l
of a Memorandum of Agreement ("MOU") between the City
of South Bend and its Fire Department and the City of Indianapolis' Department of Public Safety.
This MOU will allow for selected personnel from our City's Fire Department to be trained and
utilized by an emergency task force known as "Indiana Task Force" should a natural disaster strike
Indiana. The City will receive compensation for use of its staff as well as the costs for overtime
associated with covering shifts due to absences created by the natural disaster.
Either I or Chief Cox will present this resolution to the Council at its Committee meeting
and at its regular meeting on August 28, 2017.
Thank you for your attention to this request. Ifyou should have any questions,please feel to
contact me at 574-235-5860.
Yours
TrulyJ
Michael J. Schmidt
cc: Chief Steve Cox
I:
Ll.I OT_1.AN DERSON DANIELLE K.CAMPBELL ASHLEY MILLS COLBORN
BENJAMIN J.DOUGHERTY MICHAELJ.SCHMIDT
BILL NO.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA,APPROVING A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF INDIANAPOLIS, INDIANA, DEPARTMENT OF
PUBLIC SAFETY AND CITY OF SOUTH BEND FIRE DEPARTMENT
REGARDING INDIANA TASK FORCE ONE
WHEREAS, the City of South Bend Fire Department, acting through the Board
of Public
Works, ("City") wishes
to execute a
Memorandum of Agreement("Exhibit A")
with the Department of Public Safety for the City of Indianapolis which shall establish a
response team known as Indiana Task Force One for natural disasters throughout Indiana
MOU"); and
WHEREAS,the MOU will allow certain qualified members of the City's fire
department to participate in Indiana Task Force One to assist in public safety activities
throughout Indiana after the occurrence of a natural disaster; and
WHEREAS, the MOU provides a federal source of funding to the City when its
service members are called into duty; and
WHEREAS, the City's Board of Public Works approved the MOU at a public
meeting held on August 17, 2017; and
WHEREAS, Indiana Code § 36-1-7 et al. permits Interlocal agreements between
governmental entities such as the MOU contemplated herein.
NOW,THEREFORE, BE IT RESOLVED by the Common Council ofthe City
of South Bend, Indiana, as follows:
SECTION I.
The Common Council hereby approves the Memorandum of
Agreement incorporated herein as Exhibit A between the City and the Department of
Safety for the City of Indianapolis regarding Indiana Task Force One.
SECTION II. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Filpd in Clerk's Office
Member of the Common Council
PRESENTED
AUG 22 2017
NOT APPROA KAREENIhkiFOWLER
ADOPTio CITY CLERK,SOUTH BEND, IN
Filed in Clerk's Office
AUG 2 2 2017
KAREEMAH FOWLER
EXHIBIT A
CITY CLERK,SOUTH BEND,IN
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF INDIANAPOLIS, INDIANA, DEPARTMENT OF PUBLIC
SAFETY AND CITY OF SOUTH BEND FIRE DEPARTMENT REGARDING
INDIANA TASK FORCE ONE
This portion
intentionally left blank)
i
1316 CD[TNTY-CITY BUILDINGPHONE 574/
235-9251
FAx 574!235-9171227 W.JEFFE:RsoN BoOLEVARD
4y
SOUTH BEND.INDIANA 46601-1830
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
BOARD OF PUBLIC WORKS
August 17,2017
David Wantz
Filed in Clerk's Office
Department of Public Safety of Indianapolis
Room E270City-County Bldg. AUG 2 2 2017200 East Washington Street
Indianapolis,IN 46204
KAREEMAH FOWLER
RE: Agreement
CITY CLERK,SOUTH BEND,IN
Dear Mr. Wantz:
The Board of Public Works, at its meeting held on August 17, 2017, approved the above
referenced agreement to provide trained personnel throughout Indiana when an emergency
response team is needed.
i
Enclosed please find the original of the agreement for your signature.Please sign and
return the original agreement to our office and retain a copy for your records.
Ifyou have any further questions regarding this matter,please call this office at(574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
i
Enclosure
I
c: Michael Schmidt, Legal Dept.
Chief Steve Cox,Fire Dept.
t
i
GARY A.GILOT SUZANNA M.FRITZBERG ELIZABEMH A.MARADIK JAMES A.MUELLER THERESE J.DORAU
k
f
FR in Clerk's Office
AUG 2 2 2017
L
LPJIAI FOWLER
MEMORANDUM OF AGREEMEN ERK,SCEIM,l
BETWEEN THE CITY OF INDIANAPOLIS,INDIANA,DEPARTMENT OF PUBLIC
SAFETY AND CITY OF SOUTH BEND FIRE DEPARTMENT
REGARDING INDIANA TASK FORCE ONE
THIS MEMORANDUM OF AGREEMENT(hereinafter referred to as"Agreement'),
entered into by
and between the Department of Public Safety of the City of Indianapolis,Indiana(hereinafter referred to
as"DPS"),
and City of South Bend,Indiana,a political subdivision ofthe State of Indiana, acting through
itsBoard of Public Works,and on behalf of the South Bend
Fire Department("SBFD").
RECITALS.
WHEREAS, pursuant to federal law, principally the Robert T. Stafford Disaster Relief and
Emergency Assistance
Act, 42 U.S.C. §§ 5121 through 5206 (hereinafter referred to as the "Stafford
Act"),
the U.S. Department of Homeland Security, acting through the Federal Emergency Management
Agency (hereinafter referred to as "FEMA"), operates the
National Urban Search & Rescue Response
System(
hereinafter referred to as"System")in conjunction with State and local governments;and
WHEREAS,the DPS is the sponsoring agency for Indiana Task Force One(hereinafter referred to as
Task Force"), an urban search and rescue task force of the System, established in 1992 pursuant to an
agreement between FEMA and the City of Indianapolis,Indiana; and
WHEREAS,the DPS in its capacity as sponsoring agency is responsible for recruiting and organizing
the Task Force such that the Task Force consists ofindividuals occupying certain specified positions plus
additional support personnel, all of whom have been properly trained with the requisite skills and
capabilities required for urban search and rescue operations and/or deployment of the Task Force;and
WHEREAS,the Task Force may be deployed as a single unit or it may be reorganized into teams for
purposes of modularized responses for limited or specialized activations, and members of the Task Force
may also be deployed as members of a management or other technical team; and
WHEREAS, the DPS in the performance of it's responsibilities may enter into cooperative
arrangements with federal,state, or local government entities, or non-profit or for-profit entities,to serve
as participating agencies in the Task Force, and with individuals to serve as affiliated personnel of the
Task Force; and
WHEREAS, the DPS in its capacity as sponsoring agency is obligated to enter into written
agreements with those participating agencies and affiliated personnel setting forth the relationship
between the parties;and
WHEREAS, the SBFD desires to be a participating agency in the Task Force, subject to all of the
provisions of this Agreement;
NOW, THEREFORE, the DPS an d SBFD (hereinafter referred to as "
Participating Agency"), in
consideration of the foregoing recitals and the following promises,hereby agree as follows.
I. CONSTRUCTION
1.01 With respect to National
Urban Search &
Rescue Response System activities of the Participating
1
Agency and its employees unde r this Agreement,the provisio ns of Interim Final
Rule, "National
Urban
Search and
Rescue Response System,"
70 Fed. Reg. 9182 (Feb. 24, 2005) 44 CFR Part
208 (hereinafter referr ed to as "Interim Final Rule"),
hereby are incorporated and made
applicable.
1.02
To the extent it may be applicable,the Interim Final Rule will prevail and govern this Agreement;
and upon the effective date of a final rule that supplants the Interim Final Rule governing this
subject (hereinafter referred to as"Final Rule"), the Final Rule shall supersede the Interim Final
Rule and shall prevail over any contrary provisions in the governance ofthis Agreement.
1.03
This Agreement is entered into by and between the parties, who agree that subject to all ofthe
provisions of this Agreement,SBFD will serve as Participating Agency for the Task Force. Each
party further agrees that it assumes all of the duties and responsibilities assigned to that party
under this Agreement, and that so long as this Agreement remains in effect, the party will fully
perform all ofthose duties and responsibilities.
H.TERM AND TERMINATION
2.01
This Agreement shall be effective when it has been duly and regularly authorized and executed
by both parties. For purposes of reference and convenience, the parties have agreed that the
effective date of the Agreement is June 27,2017.
2.02 The Agreement shall continue in effect unless and until it is terminated as provided in this
Agreement.
2.03
The Agreement may be terminated by either party upon thirty (30) days written notice, except
that the Participating Agency may not terminate this Agreement without the written consent of
the DPS during any time interval when the Task Force has been placed on alert status or has been
activated,if the alert or activation affects participants of the Participating Agency.
M.CONDITIONS OF AGENCY PARTICIPATION
3.01 TheParticipating Agency hereby agrees to co mmit at least one(1) individual employee(s)of the
Participating Agency (hereinafter referred to as "Committed Personnel") to serve in designated
positions on the Task Force as determined by the DPS and Task Force.
3.02
The Participating Agency further agrees that the Committed Personnel shall be able to deploy
within one (1) hour after notification, on a twenty-four(24) hour per day and three hundred and
sixty-five(365)days per year basis.
3.03
The Parties agree that on an ongoing basis the Task Force shall provide any and all required
training of the Committed Personnel to satisfy such conditions of preparedness and response as
may be required by the Task Force. The Participating Agency shall not be required to mandate
the Committed Personnel to participate in the training.
3.04
Upon execution of this Agreement, the Participating Agency shall provide the DPS and Task
Force with a written list of the names, addresses, and appropriate contact information of the
Committed Personnel; thereafter, the Participating Agency shall also provide the DPS and Task
Force with immediate written notification of any additions to or deletions from such list. All
Committed Personnel shall be subject to approval and acceptance by the Task Force
Administrator.
2
3.05 The Parties will cooperate with each other so as to facilitate achievement of the goals and
objectives of the System as fully and completely as possible, and as further provided in Section
VIII of the Agreement.
IV.TORT LIABILITY AND WORKERS' COMPENSATION
4.01
The Participating Agency and the Committed Personnel shall be afforded such coverage for tort
liability and workers' compensation as is afforded all Task Forces and their System members
under federal law.
4.02Except as afforded by the Federal Government,the responsibility for risks associated with claims
for tort liability and workers' compensation arising out ofparticipation in the Task Force,shall be
the responsibility of the DPS and not under any circumstances, the responsibility of the
Participating Agency. At all times, the DPS and Task Force shall maintain in full force and
effect, for the benefit of the Committed Personnel, coverage
for workers' compensation to
provide coverage for risks associated with and/or arising out of the Committed Personnel's
participation in the Task Force and/or the Committed Personnel's responsibilities under this
Agreement.
V. FINANCIAL PROVISIONS
5.01 Preparedness Funds
5.01.1 In its sole discretion, the DPS may distribute to the Participating Agency such
preparedness grant funding as the DPS shall be eligible to and does receive from FEMA.
Any such distributions shall be subject to the requirements ofthe preparedness grants and
the needs of the Task Force generally.
5.01.2 Any other funding received by the DPS from sources other than the federal government
may also be made available as the DPS determines in its discretion. The DPS shall make
such distributions fairly and equitably taking into account the mission, goals and
objectives of the Task Force and the needs ofthe DPS as compared to other proper needs
and demands.
5.
02 Response Funds
5.02.1 The DPS shall promptly reimburse the Participating Agency for response expenses that
are authorized to be incurred by or for the benefit ofthe Committed Personnel engaged in
Task Force activities, upon receiving reimbursement for such expenses from the federal
government.
Such expenses must be properly ascertained, accumulated and reported to
the DPS, and the funds to be utilized for payment must have been reimbursed by or on
behalf of FEMA to the DPS.
5.02.2 After an alert or activation, the Participating Agency shall provide the DPS with a
complete cost reimbursement package to be submitted by the DPS as part of an overall
claim package which the DPS is obliged to submit to FEMA. The Participating Agency's
cost reimbursement package shall be submitted to the DPS within thirty (30) days after
the end of the
Personal Rehabilitation Period established
by FEMA. The Participating
Agency's cost reimbursement package shall be prepared in conformance with applicable
federal directives which the DPS shall disseminate to the Participating Agency.
5.02.3 The Participating Agency shall provide the DPS with the established hourly or daily rates
3
of pay ofeach ofthe Committed Personnel. Such information shall be stated on"Exhibit
A"to this Agreement,attached hereto and incorporated herein by reference. Throughout
the term of the Agreement, the Participating Agency also shall notify the DPS
immediately ofany changes to such established hourly or daily rates of pay by providing
a substitute"Exhibit A"that contains the new information.
5.02.4 In order to ensure proper reimbursement from FEMA, the compensation of Committed
Personnel on the Task Force shall be in accordance with established pay schedules and
policies, during an alert, and from the time of activation and until the Task Force returns,
is deactivated,and Committed Personnel are returned to regular work schedules.
5.03 All financial commitments of the DPS are subject to the availability and receipt of funds by the
DPS from FEMA and other sources.
5.04
Neither the Participating Agency nor any Committed Personnel shall be reimbursed for costs
incurred outside the scope of this Agreement.
5.05 The parties agree that in the event the DPS makes an overpayment to a Participating Agency and
the DPS is required to reimburse FEMA for such overpayment, then the Participating Agency
shall be responsible for collecting any overpayment from the Committed Personnel and shall
promptly reimburse the DPS for such overpayment.
VI.MANDATORY MINIMUM REQUIREMENTS FOR
COM WTTED PERSONNEL
6.01 Each individual in the Committed Personnel must satisfy all of the requirements for participation
in the Task Force as listed in this Section VI ofthe Agreement.
6.02 The Committed Personnel shall be employees of the Participating Agency in good standing.
Entry-level employees who are probationary or in a similar status are not eligible.
6.03 The Committed Personnel shall be of good moral character and shall not have been convicted ofa
felony or of any other criminal offense involving moral turpitude.
6.04 The Committed Personnel serving in a Task Force position that requires the individual member to
hold a Iicense, registration, certificate or other similar authorization to lawfully engage in an
activity must hold the appropriate authorization,which must be current and validly issued.
6.05
Subject to any applicable FEMA standards, each Committed Personnel member must meet the
medical/fitness standards mutually agreed upon by the DPS and the Participating Agency, and
further must not have any medical condition or disability that will prevent performance of the
duties of the Task Force position he/she occupies.
6.06 Each Committed Personnel member must be able to respond on a mission for a duration of at
least fourteen(14)days.
6.07 Each Committed Personnel member must be capable of improvising and functioning for long
hours under adverse working conditions.
6.08 Each Committed Personnel member must receive such inoculations as are specified by the DPS.
6.09 Each Committed Personnel member must be aware of the signs, symptoms and corrective
4
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measures of Critical Incident Stress Syndrome.
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6.10
Each Committed Personnel member must understand and adhere to safe working practices and
procedures as required in the urban disaster environment.
6.11
Each Committed Personnel member must have a working knowledge of the US&R System and
the Task Force's organizational structure, operating procedures, safety practices,terminology and
communication protocols.
6.12
Each Committed Personnel member must have completed such courses of education and training
and other requirements as the DPS and Task Force shall specify.
6.13
The DPS has authority to suspend or terminate a Committed Personnel member's participation on
the Task Force for failure to satisfy any mandatory minimum requirement.
VII. CLOTHING AND EQUIPMENT
7.01 The DPS and/or Task Force will issue to each Committed Personnel member certain items of
personal protective clothing and equipment for use in Task Force activities and operations. In the
event of activation, the Committed Personnel shall provide certain additional items of personal
clothing and equipment. Items of clothing and equipment supplied by the DPS and/or Task Force
shall remain the property of the DPS and/or Task Force and shall be returned promptly whenever
a person ceases to be a Committed Personnel member.
7.02
Subject to FEMA requirements, all uniforms will display the official patch ofthe Task Force and
the official patch ofthe System, as specified by the DPS. The DPS shall specify the design ofthe
uniform and any identifying insignia or markings.
VIII.COMMAND,CONTROL AND COORDINATION
8.01 When the Committed Personnel have been activated or have otherwise been placed at the
direction, control and funding of FEMA(e.g., during participation in FEMA-sponsored training),
the ultimate authority for command, control and coordination of the service of the Committed
Personnel reposes with FEMA.
Subject to the principle just stated, the following provisions of
this Section VIII govern the responsibilities ofthe parties with respect to supervisory,disciplinary
and other specified aspects of the employment of the Committed Personnel within the context of
his/her participation on the Task Force.
8.
02
Nothing in this Agreement is intended to, nor does it establish the creation of a joint venture or
joint enterprise between the DPS and Participating Agency. Nor shall anything herein be deemed
to create or affect the employer-employee relationship between the Participating Agency and its
employees who are members of the Committed Personnel, and the Participating Agency shall at
all times continue to be fully responsible for all of its employment obligations to its employees,
including the compensation and benefits that the Participating Agency has agreed to provide.
8.03
While participating in System activities conducted by the Task Force, all Committed Personnel
shall be subject to and observe and comply with all lawful orders and directions ofthe authorized
representatives of the DPS and the Task Force. Sponsoring Agency retains the right to suspend
or exclude any Participant from participation on the Task Force for cause including failure to
abide by the provisions ofthis Agreement.
8.04
The DPS and/or the Task Force shall exercise direct supervisory authority with respect to
Participants during activations, deployments and other activities of the Task Force conducted by
5
the DPS, but for disciplinary purposes, that authority is limited to temporary suspension or
permanent exclusion from participation. In all other instances where disciplinary action may be
necessary,the DPS shall report the pertinent circumstances to the Participating Agency,who shall
cooperate with the DPS and shall administer discipline as appropriate in accordance with the
Participating Agency's established rules and regulations.
IX.MEDIA AND INFORMATION POLICY
9.01
Subject to applicable law, including FEMA regulations, all photographs and video taken on
deployments will be kept under the control of the DPS and/or Task Force until the use of such
materials in internal or external education programs or other dissemination is approved.
9.02 All applicable federal, state,and local media policies will be strictly enforced and followed.
9.03 Subject to applicable rules and regulations, the DPS and/or Task Force will have the primary
responsibility for coordination of media coverage and liaison with media sources and
representatives concerning activities of the Task Force.
X. RULES OF CONDUCT
10.01
Committed Personnel will be expected to abide by the rules of conduct established by the DPS.
10.02 The failure of a Committed Personnel member to abide by the rules of conduct constitutes good
cause for suspension or exclusion from the Task Force under Section VIII ofthis Agreement.
XI.PREPAREDNESS ACTIVITIES
11.
01 The DPS shall conduct Task Force management,administration,training, equipment procurement
and other prep a r edness activities
required
by FEMA.
The Participating Agency and its
Committed Personnel shall cooperate with the DPS and shall participate in the activities as
necessary to achieve Task Force preparedness goals and objectives.
11.02
As established by System directives but subject to the availability of federal funding, the DPS
shall p roc ure and maintai n requ ired
caches of equipment and su pplies.
The contents of these
caches shall be utilized for deployments of the Task Force and, subject to federal rules and
regulations, will be made available for training activities of the DPS and the Participating
Agency. Committed Personnel shall use Task Force cache equipment and supplies only for
authorized purposes and shall exercise reasonable care to protect and preserve the property
against loss or damage. The Participating Agency shall be financially accountable for any Task
Force property that is lost or damaged due to negligence or unauthorized use by the Participating
Agency or its Committed Personnel.
X11.NOTIFICATION PROCEDURES AND OTHER
COMMUNICATIONS
12.01 Alerts and Activation
12.0 1.1 The DPS Director or such Director's designee shall determine whether the Task Force is
capable of and will respond to activation orders.
12.01.2 The Participating Agency at all times shall maintain a ready means to be contacted
hereinafter referred to as "Point of Notification")
by the DPS and/or Task Force
6
1
regarding possible deployments of the Task Force.
The Point of Notification shall
include 24-hour telephonic and electronic capabilities.
N
12.01.3 Upon receipt of alert or activation orders, the DPS shall give prompt telephonic and
ele ctro nic notice
to the
Participating Agency's Point of Notification. The notice shall
designate the Task Force positions for which the Participating Agency's Committed
Personnel are being requisitioned, the location of the assembly point, and to the extent
known,the nature and character of the activation.
12.01.4 The Participating Agency shall at all times maintain the capability of providing
requisitioned Committed Personnel for participation on a deployment ofthe Task Force.
12.01.5 Upon receipt of an activation order for the Task Force, the Participating Agency shall
cause the required Committed Personnel to respond to the assembly point designated in
j the notice.
f(
12.02 Mobilization
12.02.1 All requisitioned Committed Personnel will respond to the designated assembly point
within one(1)hour of notification with all required personal clothing and equipment and
required documentation.
12.02.2 The Participating Agency will select its Committed Personnel through a pre-established
selection system that ensures the requisition is promptly filled with fully qualified
individuals.
12.02.3 Selected members of the Committed Personnel will be subject to a medical pre-screening
for deployment. Any such member who fails the screening will not be deployed.
12.02.4 The DPS retains the sole right to determine which Committed Personnel, if any, will
respond with the Task Force when activated.
12.03
Other Communications. The DPS will remain in contact with the Participating Agency through
the Participating Agency's Point of Notification during the period of activation.
XIII. CRITICAL INCIDENT STRESS SYNDROME AND
MANAGEMENT
13.01
The DPS will have primary responsibility to offer critical incident stress syndrome intervention
and support during and after activation.
13.02 Costs incurred for unauthorized critical incident stress syndrome activities are not eligible for
reimburs ement.
XIV.GENERAL PROVISIONS
14.
01 Authori .
As more specifically indicated above and below,this Agreement is made(a)pursuant
to the provisions of the Interim Final Rule or the Final Rule; and (b) under the authority of
Indiana law, in furtherance of the purposes of the National Urban Search and Rescue Response
System.
14.02 Amendments.
Except as otherwise expressly provided, this Agreement may be modified or
7
amended only by another written agreement approved and executed by both patties, and all such
amendments will be attached to this Agreement.
14.03 Dele gation.
The obligations of the Participating Agency set forth in this Agreement are non-
delegable and may not be assigned to or assumed by any other person without the prior written
consent of the DPS.
14.04Controlling Law. Except and to the extent federal law controls, this Agreement shall be
construed and enforced as between the parties according to the laws of the State of Indiana.
14.05
Conflict of Interest. No party shall engage in any conduct or activity in the performance of this
Agreement or participation in the System that constitutes a conflict of interest under applicable
federal,state or local law.
14.06 Compliance with Law. Each party shall at all times observe and comply with all applicable
federal,state and local laws.
14.07 Notice. Except as provided otherwise with respect to emergency notifications, if it is necessary
for the purposes of this Agreement for one of the named parties to give notice to the other named
party,notice shall be in writing with the expenses of delivery or mailing fully prepaid and shall be
delivered by personal service or a form of public or private mail service requiring proof of
delivery. Notice is effective upon personal delivery, or by mail service, on the date of either
ac tual receipt or five days afterposting, whichever is first.
Unless changed in writing in
accordance with this Section,notice shall be served on the party at the following address:
to the DPS.• to the Task Force:
Department of PublicSafety Administrator,Indiana Task Force One
Rm.E270, City-County Building 2650 Fortune Circle East Drive
200
East Washington Street Indianapolis,IN 46241
Indianapolis,IN 46204
to the Participating-Agency_
City of South Bend—Fire Department
City of South Bend—Legal Department
c/o—Chief of Fire Department
1200 County City Building
1222 S. Michigan Street 227 West Jefferson Blvd.
South Bend,
IN 46601 South Bend, IN 46601
14.08 Titles and Section Headings. Titles and section headings are for convenience only and are not a
part of the parties'Agreement.
14.09 Severabili!y. Should any provision of this Agreement be determined to be invalid or
unenforceable under applicable law, the provision shall, to the extent required, be severed from
8
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i
I
the remainder ofthe Agreement which shall continue in full force and effect.
14.10. Successors and Assigns.
This Agreement and its provisions are binding upon and inure to the
benefit of the parties and to their respective successors in interest; provided, however, this
Agreement does not and will not bestow any rights or remedies upon persons to whom an
unlawful delegation or assignment has been made by the Participating Agency.
14.11 Indemnification. To the full extent permissible under applicable law, each of the named parties
shall defend, indemnify and hold the other party harmless of and from any and all losses and
liabilities of any kind or nature arising out of or related to this Agreement that are due to the
indemnifying party's errors, omissions, negligence, willful or intentional misconduct or other
legal fault except and to the extent the harm suffered is due to comparative fault of the party on
whose behalf the claim of indemnification is made.
14.12 Non-discrimination.
The DPS and the Participating Agency shall not discriminate against any
employee or applicant for employment to be employed in the performance of this Agreement,
with respect to her or his hire, tenure, terms, conditions, or privileges of employment, or any
matter directly or indirectly related to employment, because of her or his race, sex, sexual
orientation, gender identity, religion, color, national origin, ancestry, age, disability, or United
States military service veteran status. Breach of this section shall be regarded as a material
breach of this Agreement.
14.13 ThirdParty Beneficiaries. This Agreement is made for the sole and exclusive benefit of the
named parties and their lawful successors in interest, and no other person or entity is intended to,
nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a
third-party beneficiary ofthis Agreement.
14.14 Non-parties. Neither the United States of America nor the State of Indiana is a party to this
Agreement.
14.15
Assurances of Understanding. Each party represents to the other the following:that the party has
fully read and understood all of the provisions of this Agreement; that the party has secured and
considered such legal advice and other expert counsel as the party deemed necessary and
advisable for these purposes; and, that in agreeing to execute and become a signatory to this
Agreement the party has deemed itself adequately informed and advised as to all of the risks
assumed and obligations undertaken pursuant to this Agreement.
14.16
Siguatory Authority. Each person executing this Agreement represents the following: that he/she
was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents;
that execution ofthe Agreement was duly and regularly authorized by the party's governing body;
and, that to the person's best knowledge and belief the Agreement is a binding and enforceable
obligation of the party on whose behalf he/she executed his/her signature.
14.17
Signatures.This Agreement may be executed in any number of counterparts, each ofwhich when
executed and delivered shall constitute a duplicate original, but all counterparts together shall
constitute a single agreement A signature made be delivered by facsimile transmission or by e-
mail of a".
pdf'format data file, such signature shall create a valid and binding obligation on the
party executing(or on whose behalf such signature is executed)with the same force and effect as
if such facsimile or".pdf'signature page were an original thereof.
14.18 Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter,and it supersedes any prior agreements on this matter.
9
Reminder ofpage left blank
signature pages to follow)
10
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t
j:0
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement between the
Department of Public Safety of Indianapolis, and the City of South Bend, acting through its Board of
Public Works on behalf of its Fire Department as of the dates shown below.
Department of PublicSafety of Indianapolis,Indiana("DPS")
By:Date:
David Wantz,Acting Director,DPS
Approved as to legal form:
By: Date:
Richard McDermott,Assistant Corporation Counsel
Indianapolis,Indiana
Approved for execution:
By:Date:
Fady Qaddoura,City Controller
Indianapolis,Indiana
11
CITY OF SOUTH BEND,
BOARD OF PUBLIC`W._-O-R-KS
t
ATTEST:
s• al,tre
Linda Martin
12
c,t? }
TN'k ..
City of South Bend
Common Council
If3Y,
S 441County-City Building • 227 W.Jefferson Blvd 574) 235-9321
South Bend,Indiana
46601-1830 Fax (574)235-9173
TDD: (574)235-5567
Tim Scott
http://wwwsouthbendin.gov
President
Oliver Davis August 23, 2017
Vice-President
Gavin Ferlic
South Bend Common CouncilChairperson,Committee
of the Whole 4th Floor, County-City Building
South Bend, IN 466o1
Tim Scott
First District
Re: Firefighter Negotiations Agent
Regina Williams Preston Dear Council Members:
Second District
I am filing the attached proposed resolution which names our attorney,Randy Kelly Bob Palmer, as the Council's agent, chief spokesperson and negotiator
Third District
for the upcoming labor negotiations with the South Bend Firefighters'
Jo M. Broden Association Local No. 362 of the International Association of
Fourth District Firefighters AFL-CIO.
David Varner
The proposed resolution will have first and only reading by the
Fifth District Common Council at the Council meeting August 28, 2017.
Oliver Davis Thank you for your consideration.
Sixth District
Gavin Ferlic
Sin urs,
At Large
John Voorde
At Large
Karen White
Tim Scott
Filed in Clerk's Office
At Large
AUG 2 3 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND,INDIANA,APPOINTING
AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL
FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS
WHEREAS,the Board ofPublic Safety is the administrator ofthe Fire Department and has the
exclusive control over all matters and property relating" to it and the authority to adopt the rules
governing the Fire Department pursuant to Indiana Code §36-8-3-2; and
WHEREAS, pursuant to Indiana Code §36-8-3-3(d), the Common Council has the exclusive
authority to fix by ordinance the annual compensation for all members of the South Bend Fire
Department and other appointees by the Board of Public Safety until November 1, 2017; and
WHEREAS, such ordinance may grade the members ofthe Fire Department and regulate their
pay by rank as well as by length of service; and
WHEREAS,the 2016-2017 Collective Bargaining Agreement between the City of South Bend
and the South Bend Firefighters Association Local No. 362 of the International Association of
Firefighters AFL-CIO will expire at 11:59 p.m. on December 31,2017; and
WHEREAS, the Common Council desires to appoint a Chief Negotiator who would appoint
as his or her own advisory Common Council Negotiating Team to represent it and to provide updates
during executive sessions called for the purpose of discussing strategy with regard to collective
bargaining pursuant to
Indiana Code §5-14-1.5-6.1(b)(2)(A); and
WHEREAS, the Advisory Common Council Negotiating Team shall not be considered a
governing body" or"public agency"under Indiana Code §5-14-1.5-2; and
WHEREAS, the Common Council believes that this Resolution is in the best interest of
promoting positive and harmonious labor negotiations.
NOW,THEREFORE,BE IS RESOLVED,by the Common Council ofthe City of South Bend,
Indiana, as follows:
Section I. The Common Council of the City of South Bend, Indiana hereby appoints Robert J.
Palmer as its Agent for the upcoming labor negotiations with the South Bend Firefighter's Association
Local No. 362 of the International Association of Firefighters AFL-CIO. Mr. Palmer shall be the
Common Council's Chief Spokesperson and Negotiator concerning all matters related to the Common
Council's right to establish the compensation ofthe Firefighters by ordinance.
Section II. This resolution shall be in full force and effect from this date until an ordinance
regarding the Firefighters' compensation is passed by the Common Council.
Dated this28a'day of August, 2017.
Filed in Clerk's Office
Member of the Common Coun it
AUG 2 3 2017
6AREEMAH FOWLER
I CITY CLERK,SOUTH BEND,IN
04SpU
cN,q'1
U
M A CE +
W
x
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 20, 2017 Filed in Clerk's Office
Mr. Tim Scott AUG 21 2017
President, South Bend Common Council
41 1 Floor County-City BuildingKAREEMAH FOWLER
227 W. Jefferson Blvd. CITY CLERK,SOUTH SEND, IN
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, 2018
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, 2018 and ending December 31, 2018. This tax rate will apply for
property tax assessments in fiscal 2017 with taxes payable in fiscal 2018.
Similar to prior years, this bill has been filed with estimated property tax rates. The final
property tax rates for each municipality in the State of Indiana are determined by the
Department of Local Government Finance (DLGF) as part of the "1782" budget review process
which, according to the state budget calendar, must be completed in February, 2017. The actual
property tax rates will depend on the 2017/pay 2018 net assessed valuation of property in South
Bend.
This bill is respectfully submitted for 1 St reading filing with the Common Council for the council
meeting on August 28, 2017, 2 nd reading and public hearing at the council meeting on
September 25, 2017, with
3rd
reading and council vote at the council meeting on October 9,
2017.
1 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.
Respectfully submitted,
Jennifer C. Hockenhull
City Controller
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, 2018
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 2018.
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 2017 to be collected in the year 2018
the following:
For CORPORATION GENERAL FUND, the sum of$xxxxx on each one hundred dollars of
Taxable Property.
For PARK AND RECREATION FUND, the sum of$O.xxxxon each one hundred dollars of Taxable
Property.
For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of$O.xxxx on each one hundred
dollars of Taxable Property.
Total Civil City Rate$xxxxx
For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of$O.xxxx on
each one hundred dollars of Taxable Property.
Total Redevelopment Rate$O.xxxx
SECTION Il. 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:
i
City Clerk
Presented by me to the Mayor of the
City of South Bend, Indiana o n the
day
of 2 at o'clock_. m.
City Clerk
Approved and sign ed
by me o n the
day of 2 at
o'cl ock .m.
Mayor, City of South Bend, Indiana
I
i
Filed in Clerk's Office
st REAI)w°6 AUG 212011
PUBLIC HEARING
3 rd READING
NOT APPROVED
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
REFERRED
PASSED
pUTy
1200N COUNTY-
CITY BUILDING
oF5
FAO PHONE 574/235-9822
227 W.JEFFERSON BLVD. LFAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
PE ACE
X X
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 20, 2017 Filed in Clerk's Office
Mr. Tim Scott AUG 2 12017
President, South Bend Common Council
4th Floor, County-City Building
KAREEMAH FOWLER
227 W. Jefferson Blvd.
CITY CLERK,SOUTH BEND, IN
South Bend, IN 46601
Re: OrdinanceAppropriating 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, 2018
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, 2018 and ending December 31, 2018.
This bill is respectfully submitted for 1St reading filing with the Common Council for the council
meeting on August 28, 2017, 2 nd reading and public hearing at the council meeting on
September 25, 2017, with 3rd reading and council vote at the council meeting on October 9,
2017.
1 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.
Respectfully submitted,
4
Jennifer C. Hockenhull
City Controller
Excellence
I Accountability I Innovation
I Inclusion
I Empowerment
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 1,2018 AND ENDING DECEMBER 31,2018 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 ofthe Civil City of South Bend,Indiana for 2018.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,AS FOLLOWS:
SECTION 1. For the expenses ofthe Civil City Government,its various Departments,Funds,
Commissions,and institutions for the fiscal year ending December 31,2018,the following sums of money,
as set forth in the attached budget which is made a part hereof,are hereby appropriated and ordered set
apart out of the Funds hereinafter named,and for the purposes hereinafter specified,subject to the laws
governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized
to be made in said year,unless otherwise expressly stipulated or provided by the laws.
SECTION II. For the fiscal year ending December 31,2018,there is hereby appropriated out of
the General Fund Number 101 and from Funds other than the General Fund,of said City to wit:
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
219) Unsafe Building Fund
220) Law Enforcement Continuing Education Fund
221) Landlord Registration 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
257) LOIT 2016 Special Distribution
258) Human Rights—Federal Fund
273) Morris PAC/Palais Royale Marketing Fund
274) Morris PAC Self Promotion Fund
278) Police Take Home Vehicle Fund
279) IT/Innovation/311 Call Center Fund
289) Hazmat Fund
291) Indiana River Rescue 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
401) Coveleski Stadium Capital 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
450) Palais Royale Historic Preservation 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
714) Parental Leave Fund
730) City Cemetery Trust Fund
750) Equipment/Vehicle Leasing Fund
751) Parks Bond Capital Fund
753) Smart Streets Bond Capital Fund
755) South Bend Building Corporation Fund
757) Parks Bond Debt Service Fund
759) Eddy Street Commons Phase II Capital Fund
760) Eddy Street Commons Phase II 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.
Member,South Bend Common Council
Attest:
City Clerk
Presentedby 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 a t
o'cloc k, .m.
I st READING
Mayor,City of South Bend, diana
Office
PUBLIC HEARING
3 rd READING
AUG 21 2011
NOT APPROVED
REFIRRED
KAREEMAH FOWLER
6,c_ CITY CLERK,SOUTH BEND,IN
pUTy @F1200N COUNTY-CITYBUILDING p F
Y PHONE 574/235-9822
227 W.JEFFERSONBLVD. 2 FAX 574/235-9928
SOUTH BEND, INDIANA 46601-
1830 U --
PEACE:
x
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
Filed in Clerk's Office
August 20, 2017
AUG 21 2017
Mr. Tim Scott
President, South Bend Common Council KAREEMAH FOWLER
4tnFloor, County-City Building CITY CLERK,SOUTH BEND,IN
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, 2018
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, 2018 and ending December 31, 2018.
This bill is respectfully submitted for 1 St reading filing with the Common Council for the council
meeting on August 28, 2017, 2n d reading and public hearing at the council meeting on
September 25, 2017, with3 11 reading and council vote at the council meeting on October 9,
2017.
1 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.
Respectfully submitted,
Jennifer C. Hockenhull
City Controller
AA
Excellence
I Accountability I Innovation
I Inclusion
I Empowerment
V V
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 1,2018 AND ENDING DECEMBER 31,2018 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 ofthe City of South Bend,Indiana for 2018.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,AS FOLLOWS:
SECTION I. For the expenses ofdesignated Enterprise Funds ofthe City of South Bend,Indiana its
various Departments,Funds,Commissions and institutions for the fiscal year ending December 31,2018,the
following sums ofmoney,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 I1,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 31,2018 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 a nd approval
by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented b me to
the Mayor of the
City of South Bend,Indian on the
day ofY Y h'
at o'clock .m.
City Clerk
Approved and signed by me on the
day of at o'cloc k_.m.
Mayor,City of South Bend, Indiana
Filed in Clerk's Office
I st READING
AUG 212017
PUBLIC HEARING
3 rd READING KAREEMAH FOWLER
NOT APPROVED CITY CLERK,SOUTH BEND,IN
REFERRED
PASSED
Filed in Clerk's Officetranspo
south
bend public AUG 2 3 2017
transportation corporation
KAFiEEMAH FOWLER
Via Hand Delivery CITY CLERK,SOUTH BEND,IN
August 22,2017
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 2018 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, 2018
Due to a recent enactment ofIndiana law,Transpo is required to submit its proposed budget and tax levy to the City of
SouthBend 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 ofunelected officials, submit its proposed budget
andproperty 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.
Transpo's Board of Directors will vote to approve the budget and levy on September 18, 2017. The scheduled public
hearing of the budget with South Bend Common Council is scheduled to be on September 25, 2017.
Transpo's budget was filed with the Common Council on August 22, 2017. 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 ofTranspo's Board ofDirectors, the Council's assistance in this budget process is greatly appreciated.
Sincerely,
David Cangany
General Manager and Chief Executive Officer
574) 232-9901 • FAX (574) 239-2309 • 1401South LafayetteBlvd • South Bend, IN 46613
Bill No. 54-17
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 2018 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, 2018
Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit
its proposed budget and tax levy to the Common Council ofthe 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 ofSouth 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, 2018 in the sum of$13,505,827.00, as shown on Budget Form 4-A, filed with the
Common Council on August 22, 2017, is appropriated, adopted, approved and ordered set apart
out ofthe 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$4,481,065.00 and a total
tax rate of 0.1422 as shown on Budget Form 4-13 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 ofthe City of South Bend and approved by the Mayor.
Member, South Bend Common Council
Attest:
City Clerk
Presentedby me
to the Mayor of the
City of South Bend, Indiana on the
day of
2017, at o'clock_. m
City Clerk, Deputy
Approved and signed
by me on the
day of 2017,
at o'clock, —.m
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
5t READING
017PUBLIC HEARING AUG 2 3 2
3 rd READING
NOT APPROVED KAREEMAH FOWLER
REFERRED CITY CLERK,SOUTH REND, IN
SASSED
SOUTH BEND PUBLIC TRANSPORTATION CORPORATION
SOUTH BEND, INDIANA
2018 FISCAL YEAR BUDGET REQUEST
TABLE OF CONTENTS
BUDGET ESTIMATE FOR 2017
PROJECTIONS / ASSUMPTIONS
2018 Revenue Projection....................................................................................1
2018 Expense Projection....................................................................................2
2018 Appropriations............................................................................................3
2018 Budget Assumptions..................................................................................4
2018 BudgetPolicy Statements..........................................................................6
2018 Budget Summariesby Category— All Accounts.........................................7
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TRANSPO
Budgeted Appropriations
Operating Budget Capital Bud et
Total 2018
Category 2018 2017 20182017 Appropriations
Personnel Services 8,005,711 8,245,274 8,005,711
OtherServices and Charges 1,641,092 1,594,187 1,641,092
Supplies 1,015,466 1,029,736 1,015,466
Capital Outlays 239,620 181,310 1,087,860 1,043,1381,327,480
Total Appropriations 10,901,888 $11,050,507 $ 1,087,860 $1,043,138 $ 11,989,748
3
I 1
trans o
2018 OPERATING BUDGET ASSUMPTIONS
REVENUES:
Federal, State, and Local:
In the past, Transpo has been successful in securing
adequate funding through Federal Capital Grants for major capital projects; however,
funding opportunities are decreasing. 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 2018, 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 2018 PMTF revenue on discussion with Indiana
Department of Transportation.
This caused our budget figure to be increase by
101,475 from the 2017 budget. Property Tax revenue was budgeted at $51,386
increase from the prior year.
Ridership and Revenue: Transpo has entered into new contracts with Notre Dame and
St. Mary's College's
in 2017that have provided increases in farebox revenues. Transpo
is also looking into other options to increase future revenues, for example the DTSB
GameDay express
that will begin this fall. Transpo Access has realized an increase in
ridership since 2008 and is expected to continue this trend in future years
EXPENSES:
Employee Wages and Benefits: For 2018, Transpo budgeted, a slight decrease in
wages for employees. Employee benefits reflect an estimated decrease of 10.63% from
2017 budget.
This decrease is mainly due to changing health insurance carriers in
2017.
Vehicular and
Operating: Vehicular and other insurances costs will be maintained at
the 2017 budget. Diesel fuel has been budgeted at an average of $2.00 per gallon and
gasoline at $2.00 per gallon. In 2017, Transpo received an additional three CNG fueled
vehicles,
increasing our total CNG vehicles
to twenty-two. Transpo budgeted a
decrease, in its overall fuel cost, of $86,605. 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 2017 forecasted levels.
Marketing:
Marketing contracts, services, and advertising placement accounts have not
been changed from 2017 budgeted figures.
4
I
Training: The 2018 budgeted amounts increased from 2017 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/RestrictedLiability Reserve: The 2018
budget provides
the opportunity to transfer up to $
500,000 to the Capital Improvements
fund forfuture capital expenditures or
deposit up to $500,000 into a restricted liability
reserve account, to be used pay off the second 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 HISTORICALAND FUTURE TRENDS, WILL BE ESTABLISHED.
THIS WILLHELP FACILITATE THEMONTHLY REVIEW OFFINANCIAL
REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT.
5
Ask
i
trans o
2018 OPERATING BUDGET POLICY STATEMENTS
FINANCIAL CAPACITY:
1.
Management will continue to search for investment, grant and funding
opportunities so as to maximize revenues.
2.
Management will assure cash handling practices to safeguard funds in its
protection and toward timely collection of funds owed.
SERVICE POLICY:
3.A review of current services levels will be conducted and recommendations
will follow based upon the results of the analysis.
4.Access service will be provided in accordance with all applicable FTA
guidelines.
MANAGEMENT:
5.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.
6.Assumes continuation of team development, employee recognition, and
continuation of increased opportunities for employee training.
7.Assumes continued pursuit of programs of wellness and accident prevention
in an effort to stem, to whatever extent possible, rising insurance costs.
6
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Salaries & Wages Summary
2016 ACTUAL 5,036,056 2018 BUDGET REQUEST 5,801,603
2017 MONTHLYAVERAGE $ 444,901 2017APPROVED BUDGET 5,806,671
2017 EST EXPENSE 5,338,806 BUDGET CHANGE 5,068)
Account Title 2017 2018
Operators 3,548,243 3,486,899
Access Drivers & Clerk 460,277 472,854
OperationsAdministration 457,724 525,115
Revenue-VehicleMaintenance 722,279 686,318
Maintenance Administration 123,792 127,216
Non-Revenue-Vehicle Maintenance 73,064 74,136
General Administration 421,292 429,065
Total 5,806,6715,801,603
7
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Fringe Benefits
Summary
2016 ACTUAL 1,779,272 2018 BUDGET REQUEST 2,204,108
2017 MONTHLY AVERAGE $ 163,404 2017 APPROVED BUDGET 2,438,604
2017 EST EXPENSE 1,960,847 BUDGET CHANGE 234,496)
Account Title 2017 2018
FICA 444,211 443,822
Pension plan 248,694 257,216
Medical Insurance 1,492,087 1,245,731
Dental Insurance 53,878 54,464
Life Insurance 27,221 28,000
Short-TermDisability 20,664 21,420
Unemployment Insurance 10,925 11,246
Worker's Compensation 89,805 89,654
Uniforms 47,119 48,555
Tool Allowance 4,000 4,000
Total 2,438,604 2,204,108
8
i
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Services Summary
2016 ACTUAL 984,072 2018 BUDGET REQUEST479,200
2017 MONTHLY AVERAGE $ 45,751 2017APPROVED BUDGET 502,661
2017 EST EXPENSE551,509 BUDGET CHANGE 23,461)
Account Title2017 2018
Professional & Technical 240,939 205,939
Board Travel 10,00010,000
Temporary Help 2,500 2,500
Contract ServicesOperations 12,05012,050
Contract Services Maintenance 118,582130,121
Contract Services Administration 54,540 54,540
Security Services64,050 64,050
Physical Damage Repairs 20,00020,000
Recoveries of Physical Damage Repairs 20,000) 20,000)
Total $ 502,661479,200
9
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Materials& SuppliesSummary
2016 ACTUAL 1,479,781 2018 BUDGET REQUEST 1,015,465
2017 MONTHLY AVERAGE $52,285 2017 APPROVED BUDGET 813,732
2017 EST EXPENSE 627,425 BUDGET CHANGE 201,733
Account Title 2017 2018
Fuel & Lubricants Operations 511,118 640,517
Fuel & Lubricants Maintenance 11,954 10,981
Tires &Tubes Maintenance 2,560 2,560
Materials&Supplies Operations 25,000 25;000
Materials & Supplies Maintenance 210,000 285,307
Materials & Supplies
Marketing 35,600 33,600
Other Materials & Supplies Operations 4,500 4,500
Other Materials &Supplies Maintenance 2,600 2,600
Other Materials &Supplies General Administration 10,400 10,400
Total 813,732 1,015,465
10
i
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: Administration & Maintenance
ACCOUNT TITLE: Utilities
ACCOUNT NUMBER: 505-0x50-00 505-Ox2x-00
2016 ACTUAL 209,394 2018 BUDGET REQUEST 299,223
2017 MONTHLY AVERAGE $ 21,906 2017 APPROVED BUDGET 278,857
2017 EST EXPENSE 262,868 BUDGET CHANGE 20,366
Account Title 2017
2018
Electricity 98,014 98,014
Electricity-CNG 45,941 65,307
Water& Sewage 16,654 16,654
Trash Collection 5,000 6,000
Telephone 34,000 34,000
Natural
Gas 79,248 79,248
Totals 278,857 299,223
11
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Insurance Summary
2016 ACTUAL 190,051 2018 BUDGET REQUEST 230,477
2017 MONTHLY AVERAGE $ 17,592 2017 APPROVED BUDGET 230,477
2017 EST EXPENSE211,108 BUDGET CHANGE
Insurance - Liability & Physical Damage 224,192
OtherCorporate Insurance 6,285
Total 230,477
12
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE:MiscellaneousSummary
2016 ACTUAL 151,083 2018 BUDGET REQUEST 1321192
2017 MONTHLY AVERAGE $ 15,522 2017 APPROVED BUDGET132,192
2017 EST EXPENSE188,537
BUDGET CHANGE
Account Title 20172018
i
Dues &
Subscriptions 25,19225,192
Travel & Meetings 30,000 30,000
Community Services 15,00015,000
Promotion 6,000 6,000
Advertising Placements 45,500 45,500
Interest Expense on Tax Warrants/Loans 10,500 10,500
Total 132,192 132,192
13
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Transfer -
Capital Improvement Fund/Reserve for Liability
ACCOUNT NUMBER: 301-0101-00
2016 ACTUAL 2018 BUDGET REQUEST $ 500,000
2017 MONTHLY AVERAGE $ 41,667 2017 APPROVED BUDGET $
450,000
2017 EST EXPENSE 500,000 BUDGET CHANGE 50,000
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
Total 500,000
14
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Capital Fund Requirements
ACCOUNT NUMBER: 301-0101-00
2016 ACTUAL 6,121,7442018 BUDGET REQUEST $ 1,087,860
2017 MONTHLY AVERAGE $ 173,785 2017 APPROVED BUDGET $ 1,043,138
2017 EST EXPENSE2,085,425 BUDGETCHANGE 44,722
FTA/State Total
Grant NumberAvailable Funded Required
Grant- IN-34-019 56,391 45,113 11,278
Grant- IN-95-0048185,097 148,078 37,019
Grant- IN-04-0053 1,600,000 1,290,200 309,800
Grant IN-16-21 26,000 26,000
Grant-IN-90-X650 100,000 80,000 20,000
Grant-IN-90-X685 200,000 160,000 400,000
Grant- IN- 90-X694 100,000 80,000 20,000
2016-2017 FTA GRANT 2,000,000 1,600,000 400,000
Total 4,267,488 3,429,3901,198,098
15
TRANSPO
2018 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE:
Passenger Fares Summary
ACCOUNT NUMBER: 413-0100-00
2016 ACTUAL:1,408,767 2018 BUDGET REQUEST 1,642,051
2017 AVERAGE: 117,420 2017 APPROVED BUDGET 1,504,253
2017 ESTIMATED: 1,409,034 BUDGET CHANGE: 137,798
Account Title 2017 2018
Passenger Revenue 802,698 778,419
Access Passenger Revenue 51,187 63,013
Access Punch Card Revenue 73,321 104,770
Passport Revenue 166,075 189,840
Student Pass Revenue 41,130 47,320
Tripper Revenue 9,623 9,676
Two Week Pass 90,048 133,254
One Day Pass 263,721 311,860
Student Summer Pass 6,450 3,900
1,504,252 1,642,051
16
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
1206 DUNHAM ST.
WHEREAS,Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I.The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at:
1206 DUNHAM ST.
in order to permit
A special Exception to allow a duplex in a "SF2" District
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The CommonCouncil of the
City of
South Bend, Indiana,hereby finds that:
I. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards,convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V.The 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
Filed in Clerk's Office
AUG 14 2017
PMENTEO
KAREEMAH FOWLER
NOT APPRCY0° CITYCLERK,SOUTH BEND,IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 4321 S. Michigan St,
South Bend, IN 46614
WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty (60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at:
4321 S. Michigan St,
South Bend, IN 46614
in order to permit A tattoo parlor in a "CB" district and variances
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of
the
City of South Bend, Indiana, hereby finds that:
1.
The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character ofthe district in which it is located
and the land uses authorized therein;
4.
The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
I
Filed in Clerk's Office
AUG 14 2017
PRISEWID
KAREEMAH FOWLER
NOT .APPROW9 CITY CLERK,SOUTH BEND, IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
315 N I
Mai yl
t-
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the Area Board ofZoning Appeals has made a reconunendation. pursuant to
applicable state law.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I.The Common Council has provided notice ofthe hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,requesting that a
Special Exception be granted for the property located at:
315 North Main Street South Bend IN 46601
in order to pcnnit
A Special Exception to operate a "Group Residence" in a CBD zone.
SECTION H.Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION M.The Common Council of the City of South Bend, Indiana, hereby finds that:
1.
The proposed use will not be injurious to the public health, safety, comfort, corrununity
moral standards, convenience or general welfare;
2.
The proposed use will not injure or adversely affect the use of the adjacent area or
property values
therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV.Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City
Clerk.
SECTION V. The 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
Filed in Clerk's Office
AUG 15 2017
RnENTED
KAREEMAH FOWLER
NOT APPROvEr,
CITY CLERK,SOUTH BEND, IN
Ar)r ,)p T Crn
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
602 W. Colfax Ave. South Bend,Indiana 46601
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, ofits intention to consider Petitions from the Board
ofZoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty(60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS,the Area Board ofZoning Appeals has made a recommendation,pursuant to
applicable state law.
NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SEC TION'I.The Common Council has provided notice ofthe hearing on the Petition from the
Area Board ofZoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at:
602 W. Colfax Ave. South Bend, Indiana 46601
in order to permit
a special exception to allow a single family residence in a"mixed use district" and a variance
from the required 1 offstreet parking space to none.
SECTION II. Following a presentation bythe Petitioner,and after proper public hearing, the
Common Council hereby approves the pertition ofthe Area Board ofZoning Appeals,a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council ofthe City ofSouth Bend, Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
I The proposed use will not injure or adversely affect.the use ofthe adjacent area or
property values
therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations ofthe City of South Bend
Comprehensive plan;
SECTION W.Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board ofZoning Appeals which are on file in the office ofthe City
Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common,Gouncil and approwd by the Mayor.
Member of the Common Council
Filed in Clerk's Office
AUG 15 2017
PRESENTED KAREEMAH FOWLER
NOT APPROWD
CITY CLERK,SOUTH BEND, IN
AAOPM