HomeMy WebLinkAbout09-25-2017 Packet
1
SOUTH BEND COMMON COUNCIL
MEETING AGENDA
Monday, September 25, 2017
7:00 P.M.
1. INVOCATION- ABHINAV KOTARU, HINDU TEMPLE AND COMMUNITY CENTER
OF MICHIANA
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME: ______
BILL NO.
33-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1709 W. LINCOLNWAY,
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
43-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1237 & 1303 N. IRONWOOD
DRIVE AND 1304 N. ROSEMARY LANE, COUNCILMANIC DISTRICT
NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
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
50-17 PUBLIC HEARING 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 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES
2
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 PUBLIC HEARING 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.
54-17 PUBLIC HEARING 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
56-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A PART-
TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND
AND THE POLICE DEPARTMENT
57-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND
THROUGH THE SOUTH BEND HUMAN RIGHTS COMMISSION AND
THE COUNTY OF ST. JOSEPH TO ENFORCE THE COUNTY’S HUMAN
RIGHTS ORDINANCE
8. BILLS ON THIRD READING TIME:______
BILL NO.
33-17 THIRD READING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1709 W. LINCOLNWAY,
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
3
43-17 THIRD READING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1237 & 1303 N. IRONWOOD
DRIVE AND 1304 N. ROSEMARY LANE, COUNCILMANIC DISTRICT
NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
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
56-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A PART-TIME
POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND
THE POLICE DEPARTMENT
57-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF SOUTH BEND THROUGH THE
SOUTH BEND HUMAN RIGHTS COMMISSION AND THE COUNTY OF
ST. JOSEPH TO ENFORCE THE COUNTY’S HUMAN RIGHTS
ORDINANCE
9. RESOLUTIONS
10. BILLS ON FIRST READING
BILL NO.
59-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR
2018
60-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR
YEAR 2018
61-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE MAYOR FOR CALENDAR YEAR 2018
62-17 FIRST READING ON AN ORDINANCE FIXING MAXIMUM SALARIES
AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING
EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 2018
4
63-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA FIXING MAXIMUM WAGES OF
TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2017-2020
64-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE
NO. 10472-16 AND FIXING THE ANNUAL PAY AND MONETARY
FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND
POLICE DEPARTMENT FOR CALENDAR YEAR 2018
65-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY
AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2018, 2019,
2020 AND 2021
66-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH
BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLE 1, SECTION 17-4
TO ADDRESS PROCEDURES FOR DOWNSPOUT DISCONNECTIONS
11. UNFINISHED BUSINESS
BILL NO.
17-57 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 211
W. MONROE STREET
BOYD V. HPC APPEAL (CONTINUED TO 10/23)
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English
version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive
or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
__________________________________________________________________________________________________________________
____
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: SEPTEMBER 21, 2017
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for MONDAY,
SEPTEMBER 25, 2017
Council Informal Meeting Room
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
3:30 P.M. HEALTH & PUBLIC SAFETY JO M. BRODEN, CHAIRPERSON
1. Bill No. 56-17- Part Time Police Officer Program
2. Bill No. 57-17- Human Rights Enforcement Agency
3:50 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Substitute Bill No. 48-17- Tax Abatement Amendment
4:20 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1. Substitute Bill No. 50-17- Levying Taxes and Fixing the Property Taxation Rate for 2018
2. Bill No. 51-17- Defraying the Expenses of Dept. and Civil City
3. Bill No. 52-17- Defraying the Expenses of Enterprise Funds
4. Bill No. 54-17- Levying Taxes and Fixing the Taxation Rate for TRANSPO
4:50 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON
1. Bill No. 33-17- Rezoning for Property at 1709 W. Lincolnway West
2. Bill No. 43-17- Rezoning for Property at 1237 & 1303 Ironwood
3. FOLLOW UP: Transfer of ABZA & Zoning Administration from the Building Department to the
Area Plan Commission- Larry Magliozzi, Executive Director of the (APC)
4. Zoning Ordinance Text Amendment Update Briefing- Angela Smith (APC) & Michael Divita
(DCI)
Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately
after the adjournment of the Personnel & Finance 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
2
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
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
LAWRENCE P. MAGLIOZZI
FS[('ll'1'IVF WRECTOR
qP Angela M. Smith
AREA PLANCOMMISSION OF ST.
JOSEPH COUNTY,
IN
2 27 W. J EF FERS ON BLVD., ROO M 114 0 ('O IIN TY-CITY BUIL DI NG, SOUT H BENI), INDIANA 46601 (574)235-9 S7 1
Wednesday, September 20,2017
Filed in Clerk's Office
The Honorable Council of
theCity of South Bend SEP 2 0 2011
4th Floor, County-City Building
South Bend, IN 46601 KAREEMAi FOWLER
CITY CLERK,SOljTH BEMD, IN
RE: A proposed ordinance of
Monarch IndustriesTowel&Uniform Rental to zone from LB Local Business
District to CB Community Business District,property located at 1709 Lincoln Way West,City of South
Bend-APC#2831-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Monarch Industries
Towel &Uniform Rental was legally
advertised on August 3,2017 and that the Area Plan Commission at its public hearing on September 19,2017 took
the following action:
Upon a motion by Robert Hawley, being seconded by Oliver Davis and unanimously carried,a
proposed ordinance of Monarch Industries Towel &Uniform Rental to zone from LB Local Business
District to CB Community Business District,property located at 1709 Lincoln Way West,City of
South Bend, is sent to the Common Council with a FAVORABLE recommendation, the following
written commitments: I)to limit the number of vehicles parked on the site or overnight to no more
than 5; and 2) no barbed-wire fencing. Rezoning this site to CB Community Business District will
allow for the reuse of an existing commercial structure in a manner consistent with the Comprehensive
Plan.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
F;e,Lawrence P.O
ZZIVil
Attachment
CC: Monarch
Industries Towel&Uniform Rental
David Blake
SERV I N G
ST. JO SEPH C OU NT Y , SOUTH B END, LAKEVILLE. NEW
CARLISLE, NORTH LIBERTY. OS CEOLA & ROSE L AND
W w w.5 1 C I N D I A N A.C 011)]0 6/a.e a-p I an
LAWRENCE P. MAGLIOZZI
C EXE CUTIVE mR F.CTOR
Angela M.
Smith
Deputy 111—t.,
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. J EFFLRSO\ BLVD., ROO M 1 140COUNT Y-CITY BUI LDING, S OUTH BE\D, INDIANA +6601 (37+) 233-9S71
September 20, 2017
South Bend Common Council
4"1 Floor, County-City Building
South Bend, IN 46601
RE: Bill#33-17
Rezoning: APC#2831-17 - 1709 Lincoln Way West,South Bend
Dear Council Members:
The Area Plan Commission held a public hearing on September 19,2017 for the above referenced petition.
This petition is set for public hearing before the Common Council on Monday, September 25, 2017.
Ordinance &Petition Amendments:
The following changes have been made to the above referenced petition:
Petition:
1.) A variance was added to correspond to updated site plan
Public Hearing Summary:
There was nobody to speak in favor or opposition to the proposed rezoning.
If you have any further questions, please feel free to contact me at(574)235-9571.
S incerel,
David M. Stanton, Jr.Filed in Clerk's Office
Planner
SEP 2 0 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND IN
CC: Bob Palmer
SE R VING ST. JOSE PH COUNTY, SO UTH BEN D, LAKEVILLE, NE W C ARLISLE, NORT H LIBERTY, O SCEOLA & R OSELAND
W W W.S T I O S E P H C O U N T Y I N D I A N A.c O M/A R E A P L A N
Staff Report 8/14/2017
APC # 2831-17
Filed in Clerk's OfficeOwner: Monarch IndustriesTowel &Uniform Rental
Location: 1709 Lincoln Way West
SEP 2 0 2017
Jurisdiction: City of South Bend
Public Hearing Date: 8/15/2017 KAREEYI H FOWLER
CITYCLERK,SOUTH BEND, IN
Requested Action:
The petitioner is requesting a zone change from LB Local Business District to CB
Community Business District and 3 variances from the development standards
Land Uses and Zoning:
On site:
On site is an vacant vehicle repair establishment
North: To the north is a vacant home zoned LB Local Business District
East: To the east is a retail establishment zoned LB Local Business District
South: To the south across Lincoln Way West is a business zoned LB Local
Business District
West: To the west across College is a restaurant zoned MU Mixed Use District
District Uses and Development Standards:
The CB - Community Business District is established to provide a location for high
volume and high intensity commercial uses. Activities in this district are often large space
users which may include limited amounts ofoutdoor sales or outdoor operations.
Developments within the CB District shall be coordinated to facilitate vehicular and
pedestrian access from nearby residential districts.
Site Plan Description:
The site plan includes and existing single story building situated at the corner of College
and Lincoln Way West. The site is fully enclosed by a barbed fence.
Zoning and Land Use History And Trends:
This site has historically been zoned for commercial use.
Traffic and Transportation Considerations:
Lincoln Way West has 2 lanes with a center turn lane and on-street parking. College Street
has 2 lanes
Utilities:
The site is served by municipal water and sewer
Agency Comments:
The City Engineer recommends approval subject to review and approval of sidewalks,
curb cut, lighting, and overall improvements to the site. Development of the site requires
City approval of a Drainage Plan and meets the requirement to store all runoff from
developed areas on site, along with compliance with the City's Downspout Disconnection
Program. Sidewalks are to be brought up to ADA compliance. Excess sidewalk along the
southern edge of the property line is to be removed and replaced with grass. Curb
surrounding the site is to be brought up to City standard. Existing approaches not used by
APC # 2831-17 Page 1 of 3
Staff Report 8/14/2017
the site are to be removed and replaced with curb,tree-lawn, and sidewalk.
The Department of Community Investment is supportive of the request subject to
suggestions to strengthen the project and mitigate negative impacts on surrounding
properties and overall appearance of the area. The West Side Main Streets Plan identifies
this parcel as part of the Wilber Node on Lincoln Way West. As such, over time,the area
should fully transition to an urban mixed-use form, but given weak market pressures
currently, other interim uses may be acceptable. DCI recommends that the property owner
or potential tenant do the following: Remove the existing high chain link fence with
barbed wire. If security is a concern, a four-foot decorative metal fence having a spear-top
picket design can be installed. Provide landscaping along street edges (across entire W.
Lincoln Way frontage and across all of College frontage except for the southern driveway
approach that
is currently utilized).
Ideally, a planting strip about 5' wide with a hedge
row of 3' tall shrubs would be installed, but as an alternate, 2' or more tall planter boxes
could be placed on the existing concrete. To lessen the impact of one required variance,
the petitioner can provide landscaping here (and west ofthe building) in lieu of foundation
landscaping. Provide a written commitment to limit the number of cars parked on the site
at any one time (such as to the number of legal parking spaces)or the number parked there
overnight.
Commitments:
The staff is requesting written commitments: 1)to limit the number of vehicles parked on
the site or overnight to no more than 5; and 2)no barbed-wire fencing.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The Petition is consistent with
the West Side Main Streets Plan (2014): Create
Destinations and Focus Retail into Nodes rather than Strip Development; and City Plan,
South Bend Comprehensive Plan (November2006), LU 2.2: Pursue a mix of land use
along major corridors and other locations identified on the Future Land Use Map.
Land Use Plan:
The Future Land Use Map identifies this as a Mixed Use and Commercial Node
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Lincoln Way West between the Olive and the Wilbur Street node is a neighborhood of
commercial, residential, and mixed uses. Portions of Lincoln Way Westjust west of the
site have recently seen a significant amount of investment with new streetscape
improvement and building upgrades.
3. Most Desirable Use:
The most desirable use is one that is compatible with the commercial and mixed use nature
of the Lincoln Way West Corridor.
4. Conservation of Property Values:
Due to the existing commercial nature of Lincoln Way West,the surrounding property
APC 4 2831-17Page 2 of 3
Staff Report 8/14/2017
values should not be adversely affected
5. Responsible Development And Growth:
It is responsible development and growth to allow for the reuse of commercial structures
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning and 4 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1) from the required foundation landscaping to none
2) from the required minimum of 7 parking spaces to 5 parking spaces
3)from the required 4'maximum fence height to 6'
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
1) The approval will not be injurious to the public health,safety, morals and general
welfare of the community;
The proposed development variances should have no impact on the public health, safety,
and general welfare of the community.
2)The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
The use and value of adjacent properties should not be adversely affected by the requested
variances because they are consistent with the existing site and surrounding area.
3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the ordinance would require additional land to be acquired to
accommodate the parking, setbacks, and associated screening. It is the staffs opinion that
the proposed placement of the building and parking area are optimized for this site. The
installation of all required landscaping would require major adjustments to the site.
Staff Comments:
The staff has no additional comments.
Recommendation:
Based on the information available prior to the public hearing,the staff recommends that
the rezoning petition be sent to the Common Council with a favorable recommendation
subject to written commitments. The staff recommends approval of all variances, subject
to removing the barbed wire from the site.
Analysis:
Rezoning this site to CB Community Business District will allow for the reuse ofan
existing commercial structure in a manner consistent with the Comprehensive Plan.
APC # 2831-17 Page 3 of 3
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SOUTH BENC "CB-COMMUNITYBUSINESSCISTRIC- CITY CLERK SOUTHBEND P" !
SOUTH BEND "LI"LIGHT INDUSTRIAL DISTRICT
APC # 2831 -17
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LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
ARPEAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN
2 27 W. JEFFE RS ON BLVD., ROOM 1 1 40 COUNTY-C I TY B UILD ING, SOUTH BEND, INDIAN A 46601 (S74) 235-9571
June 5, 2017
South Bend Common Council
4''Floor, County-City Building
South Bend, IN 46601
RE: Rezoning for 1709 West Lincolnway, South Bend, IN
APC#2831-17
Dear Council Members:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your June 12,
2017 Council meeting, and set it for public hearing at your July 24, 2017. Council meeting. The
petition is tentatively scheduled for public hearing at the July 18, 2017 Area Plan Commission
meeting. The recommendation of the Area Plan Commission will be forwarded to your office by
noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincely,
avid M Stanton, Jr.
Planner
CC: Aladean DeRoseFiled in Clerk's Office
JUN 062017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
S ER VING ST. JOSEPH C OUNTY, SO UTH BEND, LAKEVIL LE, NEW CARLISLE, NORTH LIBERT Y, OSCEO LA & ROSELAND
W W W.S TJ O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1709 W. LINCOLNWAY, COUNCILMANIC DISTRICT NO. 2 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Automobile Repair
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
LOTS 39-40 OF AUGUSTINE'S ADDITION, EXCEPTING THEREFROM THE
NORTHERN 51 .8 FEET
be and the same is hereby established as CB Commercial Business District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of SouthBend, Indiana on the
day of
2 at o'clockM.
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
JUN 06 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
PETITION FOR ZONE MAP AMENDMENT
City ofSouth Bend, Indiana
I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
1709 W Licoln Way
South Bend, IN 46628
2) The property Tax Key Number(s)
is/are: 18-2073-2690
3) Legal Descriptions: Lots 39-40 ofAugustine's Addition, excepting therefrom t
Filed in Clerk's Office
4) Total Site Area: 0.24 acres
5) Name and address of property owner(s)of the petition site: J 6 2017
Monarch Industries Towel& Uniform Rental
KAREEbIAH FOWLER2810 N Foundation Dr.
South Bend, IN 46628 CITY CLERK,SOUTH SEND, IN
Phone number with Area Code:
Name and address of additional property owners, if applicable:
6) Name and address of contingent purchaser(s), if applicable:
Name Fl IL ': 10
Address
City, StateZip Code JUN O 3J 2L9'7
Phone number with Area Code r.
E-Mail Address
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
From: LB Local
Business District
Additional zoning district, if applicable
To: CB Community Business District
8) This rezoning is requested to allow
the
following use(s): Autombile repair
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) 1.)
From the requiredfoundation landscaping to none; 2)From the required 7 parking spaces to 5
2) A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community:
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and:
c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property:
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LAWRENCE P. MAGLIOZZI
ENE(*U TI VF P ERFC T OR
Angela M. Smith
Unpoty o; .• ;o n
AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN
227 W. JE FFERSON BLVD., ROOM 114 0 COU NT Y-CITY BUILDI NG, SOH
I'll BF N D, JIN II g66 1 3412 S•9571
Ned in filer`
Office
Wednesday, September 20, 2017
SEP 2 0 2017
The Honorable Council of the City of South Bend
4th Floor,County-
City Building KAREEMAII FOWLER
South Bend,IN
46601 CITY CLERK,SOUTH BEND, IN
RE: A proposed ordinance of
MAJCM,LLC to zone from SF1 SingleFamily&Two Family District to SF2
SingleFamily&Two Family District, property located at
1237& 1303 N. Ironwood Drive& 1304 N.
Rosemary Lane,City of South Bend-APC#2836-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of MAJCM,LLC was legally advertised on August 3,2017
and that the Area Plan Commission at its public hearing on September 19,2017 took the following action:
Upon a motion by Adam DeVon, being seconded by Oliver Davis and unanimously carried, a
proposed ordinance of MAJCM,
LLC to zone from SF 1
Single Family&Two Family District to SF2
Single Family &TwoFamily District,property located at
1237 & 1303 N. Ironwood Drive&
1304 N.
Rosemary Lane,City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation, Written Committment 1) properties adjacent to Ironwood and Rosemary shall have
front doors and entryways that interact with the public street and 2)the total number of homes on the
site shall not exceed 26.Rezoning the property to SF2 Single Family&Two Family District will
allow for infill housing on a large residential lot in which services are already available. The urban
residential lots will offer a variety of housing options compatible with the neighborhood.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
FTJY Lawren e P.Mag iozzi
Attachment
CC: MAJCM,LLC
Keieg-Debault Attn: Stephen Studer
Danch, Harper&Associates,Inc.
SERVING ST. J05EPH COUNTY , SOUTH BEND, LAKEVILLE . NEW CARLISLE , NORTH LIBERTY , OSCEOLA A ROSEI.AND
w w W-SJ C I N 0 I A N A.C O N 1 1 0 6 1,f e,•D'-
LAWRENCEP. MAGLIOZZI
FXE C'UTIVE DIRECTOR
Angela M.
Smith
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
217 N'. JL FFLRS ON BLVD., ROOM 114 0 COUNTY-C11"1" BU I LDING, SOU'I-H BLIND, INDIANA 4 660 1 (574) 234-9571
September 20, 2017 Filed in Cleric's Office
SouthBend Common Council SEP 2 0 2017
41h Floor, County-City Building
South Bend, IN 46601 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
RE: Bill #43-17
Rezoning: APC#2836-17— 1237, 1303 N. Ironwood and 1304 N. Rosemary Ln.
Dear Council Members:
The Area Plan Commission heard the above referenced petition on September 19, 2017. The Public
Hearing was previously held on August 15, 2017. This petition is set for public hearing before the
Common Council on Monday, September 25, 2017.
Ordinance & Petition Amendments:
The following changes have been made to the above referenced petition:
1.) Site Plan was updated to reflect the reduction of proposed sites from 30 to 26.
2.) Variances were updated to reflect the changes in the lot numbers on the site plan. The general
geography of the area to which the variances apply has not changed.
Public Hearing Summary:
There was no Public Hearing.
I
If you have any further questions, please feel free to contact me at (574)235-9571.
Sincerely,
Da "d M. Stanton,Jr.
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BE N D, LAKEV I LLE. NEW CAR LISLE, NORT H LIBERTY, OS C EOLA & ROSE LAND
W W W.S T)O S E P HC O U N T Y I N D 1 A NA.C O M/AR E A PLAN
StaffReport Filed in
rqy Pffiice
APC# 2836-17
Owner: MAJCM, LLC SEP 2 0 2017
Location: 1237 & 1303 N. Ironwood Drive & 1304 N. Rose ary L EEMAN FOWLER
Jurisdiction: City of
South Bend CITY CLERK,SOiJTB RENn IN
PublicHearing Date: 8/15/2017
Requested Action:
The petitioner is requesting a zone change from SF 1 SingleFamily&Two Family District
to SF2 Single Family&Two Family District and seeking 5 variances from the
development standards.
Land Uses and Zoning:
On site:
On site is a vacant parcel and a single family home.
North: To the north is a single-
family home zoned SF1 Single Family&Two
Family District and an office zoned O/B Office Buffer District.
East: To the east, across Ironwood, are single-family homes zoned SF Single
Family&Two Family District.
South: To the south are single-
family homes zoned
SF 1
Single Family&Two
Family District.
West: To the west, across Rosemary, are single family homes zoned SF Single
Family&Two Family District.
District Uses and Development Standards:
The SF2 District is established to protect, promote and maintain the development of single
family dwellings and two family dwellings in the urban core ofthe City of South Bend as
well as to provide for limited public and institutional uses that are compatible with an
urban residential neighborhood. The availability of public facilities (e.g.,public water,
public sanitary sewer, storm sewer, natural gas, electricity,telephone,etc.)
is required for
development within this district.
Site Plan Description:
The proposed site plan includes a 30 lot single-family residential subdivision. The
development includes a basic footprint for homes of approximately 1,800 square feet. The
proposed 1.5 story homes would utilize reduced setbacks on one side in order to provide a
wider side entrance to the homes, which front on a central courtyard. Each home will
include a two-car garage.
Zoning and Land Use History And Trends:
In 2005,the southwest corner of Edison and Ironwood was rezoned to LB Local Business
to accommodate a Walgreen's. In 2016,the property to the north was rezoned to OB Office
Buffer District for an insurance office.
Traffic and Transportation Considerations:
Ironwood Drive has two lanes with room for on-street parking. Rosemary Lane has wo
lanes.
APC # 2836-17 Page 1 of 4
Staff Report 8/4/2017
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The City Engineer commented that the Department of Public Works recommends approval
subject to completion of a utility verification form; approval of sidewalk, curb cut, lighting
and overall site improvement to reflect the Master Plan for the surrounding area; approval
of a draining plan; and verification ofrequired (if any)waivers. They suggest investigating
the line of site on the western approach to the site and shifting the driveway on building 30
to the north.
Community Investment offers a favorable recommendation subject to the following site
plan suggestions: The houses facing Rosemary Lane (Lots 1, 2, and 30) should be rear
loaded and accessed internally from the site. The street facing side ofthe Ironwood Drive
and Rosemary Lane houses (Lots 1, 2, 15, 16, 17, and 30) should be fully designed as the
front of the house-While these houses have front porches,their 60'length allows the
possibility of sections of blank wall. To mitigate this, street-facing windows could be
added to the rear ofthe garage. As they will be viewable from the streets and have a
prominent place at the end of the project entry drives,the houses on Lots 14 and 29 should
have a porch that turns the corner and/or have special building articulation at the front
corner. To concentrate the visual impact of garage entries,the houses on Lots 15 and 30
should be flipped to provide driveways at the end ofthe internal drives (similar to Lot 17).
To avoid too regimented an appearance of the houses, the houses should employ varying
fagade treatments/articulation, building materials, window styles, colors, or other similar
approaches even if the basic floor plan is identical. The petitioner may consider reducing
the number ofhouses in the project by two, eliminating one from each of the east-west
rows. This would allow: A north-south sidewalk to be installed to provide additional
access to the central green and to offer a small break in the massing ofthe units (walk
could be installed between Lots 8 and 9 and Lots 23 and 24 or could be offset to stagger
slightly the middle units to the east and west);
Provide the houses on Lots 3 and 29 with a
western side yard: and Lessen or eliminate the need for a front yard setback variance for
the houses along Rosemary Lane and Ironwood Drive. The parking bays along the north
and south property lines have 4-6 spaces between tree islands. A pattern of 2 spots, 1 tree
should be employed to provide additional landscaping and to break up and reduce the
paved area. Parking space counts will be reduced somewhat, but the total parking proposed
is nearly 3.5 times the ordinance requirement. The installation ofthe privacy fence along
the south property line should not create any significant no-man's land between it and any
existing fences of the Peachtree Lane properties. DCI has not seen the list of requested
variances but would generally be supportive of front and side yard variances to achieve the
layout proposed on the preliminary site plan or something similar.
The Building Department noted that because of the nature and orientation of the interior
units at this location, and for the sake of clarity, it is more important to reference the north
and south ends of the buildings that face the interior courtyard and include the front door,
as the front and the opposite ends as being the rear. The east and west units along
Ironwood and Rosemary will have typical fronts and other yard references.
Commitments:
Staff is requesting a written commitment: 1)properties adjacent to Ironwood and
APC # 2836-17Page 2 of 4
Staff Report 8/4/2017
Rosemary shall have front doors and entryways that interact with the public street.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006) Objective H 1: Ensure that an adequate supply of housing is available to meet the
needs,preferences, and financial capabilities of households now and in the future; and
Objective H 4: Ensure well-designed, infill housing on vacant land in the city's
neighborhoods.
Land Use Plan:
The future land use map identifies this area as low density residential.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The area is predominately single family residential with some offices to the north,which
serve as a transition to the commercial node at the intersection of Ironwood and Edison.
3. Most Desirable Use:
The most desirable use for the land is one that is compatible with the single family
neighborhood.
4. Conservation of Property Values:
The development of single family homes should not impact the use or value of the
adjacent properties.
5. Responsible Development And Growth:
It is responsible development and growth to allow for the development of infill housing in
an established residential area.
Combined Public Hearing
This is a combined public hearing procedure, which includes a rezoning and 5 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1)from the required minimum
25' lot frontage to no frontage for Lots 3-14, & 18-29
2) from the required minimum 5' side yard to 0'for all Lots with a minimum 10' between
buildings
3) from the required minimum
Lot width of
40' to a minimum of 32' for Lots 3-14, & 18-
29
4)
from the required minimum 25'front yard to
19' for Lots 1, 2 & 30 along Rosemary
Lane &Lots 15-17 along Ironwood Drive to allow enclosed covered porches;
5)from the requirement of Grade level improvements only allowed in one side yard and
having a width not less than 8' and not greater than 16' to being allowed in all side yards
APC # 2836-17Page 3 of 4
Staff Report 8/4/2017
and having a width of 22' for driveways and 10' for parking spaces
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community;
The proposed development will be accessed by a private street and should not impact the
public health, safety, or general welfare of the community.
2) The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
The proposed single-family development should not have an adverse impact on the
residential neighborhood in which it is located.
3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
The strict application ofthe ordinance would create oversized residential lots which may
be difficult to maintain. Allowing the use of a private drive will allow for infill housing
that will promote the vitality of the residential neighborhood. The reduced setbacks will
allow the homes to be located on the lot in a manner that offers each home a larger, usable
outdoor space.
Staff Comments:
Staff is requesting a written commitment: 1)properties adjacent to Ironwood and
Rosemary shall have front doors and entryways that interact with the public street.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the
rezoning petition be sent to the Common Council with a favorable recommendation
subject to the written commitment. Staff recommends approval of the variances.
Analysis:
Rezoning the property to SF2 Single Family&Two Family District will allow for infill
housing on a large residential lot in which services are already available. The urban
residential lots will offer a variety of housing options compatible with the neighborhood.
APC # 2836-17 Page 4 of 4
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Rezoning from: CITY OF SOUTH BEND
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MASTER ZONING KEY
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2836_17
SOUTH BEND "CB COlylklUNITY BUSINESS DISTRICT
Larry Magliozzi
From: Kevin Dreyer <kdreyer@nd.edu>
Sent: Sunday, August 27,2017 1:02 PM
SEP 2 0 2017
To: Larry Magliozzi
Cc:
rosema ry do r w ood nei g hb orh o od; Don DurnichKAREEMAH FOWLER
Subject:Rosemary Ironwood p roject CITY CLERK,SOUTH BEND,IN
Hello Larry,
I amwriting to try andclarifywhatIconsidertobe amisrepresentation orattheveryleast misunderstanding of
my comments concerning the first proposal on the Rosemary Ironwood church property.
At the APC meeting 1 attended I did indeed mention thattheroad through theproperty was being lightlyaddressed and that itrepresented an additional factor in my concern aboutincreased traffic, particularly ongamedays, inourneighborhood. Atno pointdid Imean to suggest thattheroad shouldnotbethere. Ratherthepoint that Ithought I was makingwas thatthe impactontraffic,vehicular andpedestrian,wasbeing
dismissed as a non-issue. I was pointing out that in addition to the potential for parking to overflowon
Rosemary, they needtorecognize thatoncethechurchwas gonetheroad/drivethrough thedevelopmentwould
look much more like a road then it did at that time.
Itismybeliefthatthedeveloperhaslatchedontothatonethingtosayheisrespondingto concernsvoicedbytheneighborhood. In factIbelieve hehas realizedthatbyremoving thecenter access road hecan reclaimmorespaceforhis buildings and shovetheaccess road totheoutside edges ofthe property and useland thatwould
have been needed for utility easements.
Ouruniversal and primary concern hasbeen andisnoweven more so,the densityofthedevelopment. Thehouses aretoo closetogether and donot represent thecharacterofourneighborhood. Toput30unitsinanareathat under normal considerations wouldhold 16houses seems criminalto me. To usemy words againsttheinterests ofthe community is offensivetome. To willfully ignorethemany otherissues wehaveraisedseems
indicative of the developer's overall attitude toward the neighbors.
I do hope that this cl a rifies
my comments,
AlC
which I will point out were
a developer understan d
completely
intentions.
dismissed in the lawyer's
rebuttal at the meeting, and helps the
Kevin Dreyer
1905 Dorwood Dr.
South Bend, IN 46617
i
E C E I V E
AUG 1 y 2017
i AREA PLAN"''CIMMISSION
t
LAWRENCE P. MAGLIOZZI
EXEC UTIVE. DIREC TOR
Angela M. Smith
Deputy Dire ctor
AREA PLANCOMMISSION OF ST. JOSEPH COUNTY, IN
2 27 W. JEFFERSO N BLV D., RO OM 1 140 COUN-1Y-CI1I BUILDING, SOUTH B END, 1.A DIA NA +6601 (57+) 235-9571
July 5, 2017 Filed in Clerk's Office
South Bend Common Council JUL 05 2017
4 t' Floor, County-City Building I{ABEE;A; t WiEFSouth Bend, IN 46601 CITECLERK, SOLI!'EE,J;;
RE: Rezoning for 1237 & 1305 N. Ironwood, 1304 N Rosemary Ln., South Bend, IN
APC#2836-17
Dear Council Members:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
July 10, 2017 Council meeting, and set it for public hearing at your August 28, 2017. Council
meeting. The petition is tentatively scheduled for public hearing at the August 15, 2017 Area
PlanCommission meeting. The recommendation of the Area Plan Commission will be
forwarded to your office by noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
L__
David M Stanton, Jr.
Planner
CC: Bob Palmer
SERVING S T. JOSE PH C OUNTY, SOUTH BEND, LAK EVILLE, NEWCARLISLE, NORTH LIBER TY, OS CEOLA & ROSELAND
W W W.S T J O S E P H C O U N T Y I N D IA NA.C O M/A R E A P L A N
PETITION FOR ZONE MAP AMENDMENT
City of South Bend, Indiana
I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
Address(es) -,
1237 & 1303 N. Ironwood Drive & 1304 N. Rosemary Lane, South Bend, Indiana 46617.
2) The property Tax Key Number(s)
is/are:
Enter property tax key number(s):018-5151-0567501, 018-5151-5674,
018-5151-567403
3) LegalDescriptions: Enterfull legal description: See attached.
4) Total Site Area: Enter total acres to be rezoned: 3.54 Acres.
5) Name and address of property owner(s)of the petition site:
MAJCM, LLC Amiya &Sumita Dey
Attn: Mr. J. Patrick Matthews, Manager 8234 Viewpoint Lane
P.O. Box 6397 Cornelius, North Carolina 28031
South Bend, Indiana 46660-6397 Ph. N/A
Ph. No. 1-317-987-2780 E-Mail Address N/A
E-Mail Address N/A
Name and address of additional property owners, if applicable:
6) Name and address of contingentpurchaser(s), if applicable:
Filed in Clerk's Office
N/A
JUL 05 2017
KAREEMAH FOWLER
E-mail N/A CITY CLERK,SOUTH BEND, IN
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
F I E'
IFrom: SFlSingle Family Two Family District N/A
c
JUN 2
2017
ARTo: SF2 Single Family Two Family DistrictAt=f.fns'i
8) This rezoning is requested
to allow
the
following use(s):
Insert intended use(s): Residential Uses.
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section):
1) List each variance being requested. See attached.
2) A statement on how each of the following standards for the granting of variances is met:
a)
The approval will not be injurious to the public health, safety, morals and general welfare of the
community: See Attached
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: See Attached
c)
The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: See Attached
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s)being requested: N/A
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health, safety, comfort,community moral standards,
convenience or general welfare:
b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein:
c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and:
d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Name: Danch, Harner &Associates, Inc. Stephen Studer-Attorney, Krieg-Devault
Address:
1643 Commerce Drive
4101 Edison Lakes Parkway, Suite 100
South Bend, Indiana
46628 Mishawaka, Indiana 46545
574-234-4003 m danc h @danchharner.com 574-277-1207
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of all property owner(s),
or signature of Attorney for all property owner(s):
L ...
1
U y tl
R
p
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1237 & 1303 N. IRONWOOD DRIVE AND 1304 N. ROSEMARY LANE,
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The rezoning requested is to allow for residential uses.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE
3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
WHICH IS DESCRIBED AS: BEGINNING ON THE WEST RIGHT-OF-WAY LINE OF LINE OF
IRONWOOD ROAD AT A POINT 640.1 FEET SOUTH OF THE NORTH LINE OF SAID SECTION
6;THENCE CONTINUING SOUTH ALONG SAID WEST LINE A DISTANCE OF 272.10 FT. MORE
OR LESS;THENCE WEST A DISTANCE OF 569.63 FT. MORE OR LESS TO THE EAST RIGHT-
OF-WAY LINE OF ROSEMARY LANE;THENCE NORTH ALONG SAID EAST LINE A DISTANCE
OF 271.1 FT. MORE OR LESS; THENCE EAST A DISTANCE OF 567.00 FT. MORE OR LESS TO
THE POINT OF BEGINNING. CONTAINING 3.54 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
be and the same is hereby established as SF2 Single Family and Two Family District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Member of
the
Common Council
Attest:
City Clerk
Presented by me
to the
Mayor of
theCity of
SouthBend, Indiana on the
day of
2 ato'clock M.
City Clerk
Approved andsigned
by me on
the day of
2 at
o'clock M.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
J:UL:05 2017
KAREEMA6-31=.OVjlc"D
CITYCLERK,SOUT Ap
LEGAL DESCRIPTION:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37
NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING ON THE
WEST RIGHT-OF-WAY LINE OF IRONWOOD ROAD AT A POINT 640.10 FEET
SOUTH OF THE NORTH LINE OF SAID SECTION 6; THENCE CONTINUING
SOUTH ALONG SAID WEST LINE A DISTANCE OF 272.10 FEET MORE OR LESS;
THENCE WEST A DISTANCE OF 569.63 FEET MORE OR LESS TO THE EAST
RIGHT-OF-WAY LINE OF ROSEMARY LANE; THENCE NORTH ALONG SAID
EAST LINE A DISTANCE OF 271.10 FEET MORE OR LESS; THENCE EAST A
DISTANCE OF 567.00 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 3.54 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
F
Clerk's Office
05 2017
AH FOWLER
CITY CLERK,SOUTH BEND, IN
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City of South Bend
MAU. Common Council
tsb5 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
September 20, 2017
Oliver Davis Filed in Clerk's Office
Vice-President
South Bend Common Council SEP 2 0 2017Gavin Ferlic 4th Floor, County-City Building
Chairperson,Committee
of the Whole
South Bend, IN 46601 KAREEt, A i FOWLER
CITY CLERK,SO BEND,IN
Tim Scott Re: Sub. Bill 48-17- Proposed Tax Abateme TICIMCM
First District
Dear Council Members:
Regina Williams Preston
Second District
I am filing the attached proposed ordinance amendment for section 2,
Article 6, section 2-76.3 of the municipal code with the Office of the City
Randy Kelly Clerk. The proposed amendment adds the requirement that applicants
third Districtfor a base abatement be required to pay all company employees (full-
time, part-time, seasonal and temporary) a minimum wage at least as
Jo M. Broden
Fourth District
high as the minimum wage paid to all employees ofthe City of South
Bend.
David Varner
Fifth District The primary change is to make compliance with the City's minimum
wage a requirement for obtaining or maintaining a tax abatement. The
Oliver Davis minimum wage would be inclusive of tips received by employees who
Sixth District receive tips. The requirement would take effect on January 1, 2018.
Gavin Ferlic
At Large Thank you for your consideration. Please do not hesitate to contact me
John Voorde
should you have questions or concerns.
At Large
Karen White S*
ly Yours,
At Large
7
rl'
k
Regina Williams-Preston
Councilmember, 2nd District
Substitute Bill NO. 48-17
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 ofSouth Bend has stated that "Raising the minimum wage ofour city
employees can increase morale andproductivity, 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 asfull-time employees. Since a
tax abatement is a subsidy to employers from the City and is intended to improve the economic
environment ofthe City ofSouth Bend, it is incumbent upon companies receiving tax abatements
from the City to pay their employees at least as well as the Citypays 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 modifying paragraph(3)
and by adding paragraph(6) and Sections II and III to read as follows:
See. 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 ofreal property that is
single-family residential, and five (5) years in the case ofpersonal property. The Council may
grant a base abatement to an applicant who fulfills the following requirements:
3) The applicant has executed a memorandum of agreement ("memorandum of agreement")
prepared by the Community Investment Department. The memorandum of agreement is a legally
binding agreement representing a contractual relationship between the applicant and the Council.
It may become effective upon the Council granting the abatement, which includes provisions
setting forth:
a. The tax abatement recipient's agreement to fulfill the conditions upon which the tax
abatement is based ("conditions of abatement");
b. The time within which the tax abatement recipient must comply with the conditions of
abatement;
c. The tax abatement recipient's obligation to respond to periodic surveys regarding
compliance with the conditions of abatement;
d. The tax abatement recipient's obligation to allow representatives to the Community
Investment Department to have access to the project premises and to perform inspections
and audits as necessary to verify compliance with the conditions of abatement;
e.
The tax abatement recipient's obligation to pay each ofits employees(full-time,part-time,
seasonal, and
temporary), at all times during the term of the tax abatement, a minimum
wage,inclusive oftips received by tipped employees,at least as high as the minimum wage
paid to an employee of the
City of South Bend.; and
f. The events which:
1. Shall entitled the Council to terminate the abatement in whole or in part; and
2.
Shall cause the tax abatement recipient to be obligated to repay all or a portion o
the property tax savings received.
6) The applicant must pay each of its employees (full-time,part-time, seasonal and temporary) a
minimum wage, inclusive of tips received by tipped employees., at least as high as the minimum
wage paid to all employees of the City of South Bend.
SECTION II. This Ordinance shall have no effect on the terms of any tax abatement for
which the Council has adopted or will adopt a confirming resolution prior to January 1, 2018.
SECTION III. This Ordinance shall take effect on January 1, 2018, conditioned upon
passage by this Common Council, approval by the Mayor, and any publication required by law.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the
City of South Bend, Indiana on the
day
of 2 at o'clock_. m.
Deputy City Clerk
Approved and signed
by me on the
day of 2 at
o'clock m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
1 sr READING
SEP 2 0 2017
PUBLIC HEARIN<
3 r d READiN
KAREEIi al-i FOWLER
NOT EADiN CITY CLERK,SOUTH SEND, IN
REFERRED
PASSM
4 OUT"
BF
rr:A ct:
j
1865
CITY OF SOUTH BENDPETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 19, 2017 Filed in Clerk's Office
Mr. TimScott
SEP 2 0 2017
President, South Bend Common Council
4th FloorCounty-City Building
KA IEEMAI-i FOWLER
227 W. Jefferson Blvd.
CITY CLERK,SOUTH BEND,IN
South Bend, IN 46601
Re: Substitute Bill No. 50-17-- 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 is a substitute Bill No. 50-17 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.
This bill was originally filed with tax rates left blank. The attached substitute bill inserts
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, 2018. The actual property tax rates will depend on the 2017/pay 2018
net assessed valuation of property in South Bend.
First reading on this Bill having taken place on August 28, 2017, this substitute is being
submitted for 2nd reading and public hearing at the council meeting on September 25, 2017, with
3 d reading and council vote at the council meeting on October 9, 2017.
I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance
Committee and other meetings of the South Bend Common Council.
Respectfully submitted,
3c6m4)
Jennifer C. Hockenhull
City Controller
Substitute Bill No. 50-17
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.
Originally this ordinance was filed with tax rates left blank. Estimated property tax
rates have been inserted. 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 2018. Actual property tax rates will depend on the 2017/pay
2018 assessed valuation ofproperty in South Bend.
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$3.6684 on each one
hundred dollars of Taxable Property.
For PARK AND RECREATION FUND,the sum of$0.8631 on each one
hundred dollars of Taxable Property.
For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$0.0405 on
each one hundred dollars of Taxable Property.
Total Civil City Rate$4.572
For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME),
the sum of$0.0863 on each one hundred dollars of Taxable Property.
Total Redevelopment Rate $0.0863
SECTION II. This Ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day
of
2 at o'clock . m.
Deputy City Clerk
Approved and signed
by me on the
day of
2 at
o'clock M.
Mayor, City of South Be d jn erk's Office
1 st READING SEP 2 0 2017
PUBLIC HEARING
3 rd READING
NOT APPROVE[`
KAr,EEPJlA H FOWLER
F
O ?
RFD
CITY CLERK,S01ji-(BE N10.IIt
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
o
SO V T H
701 tV SAMPLE STREET U
d PHONE 574/235-9311
SOUTH BEND,1rvIANA 46601-2890 FAX 574/288-0268
x x
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
SOUTH BEND POLICE DEPARTMENT
SCOTT A. RUSZKOWSKI, CHIEF OF POLICE
Se
Mr. Tin, Scott Filed in Clerk's Office
President, South Bend Common Council
41 Floor,
County-
City Building Stp 0 5 2017
South Bend, IN 46601
Re: OrdinanceRegarding Part-Time Police Program KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
Dear Council President Scott:
The Common Council knows that at times the South Bend Police Department is faced
with events and incidents requiring full use of available departmental officers. At other times,
despite best efforts, it has been difficult to recruit officers, leaving full time officers stretched to
their maximum capacity. These intermittent occurrences are challenging and would be greatly
helped by additional officers.
In light of these conditions, I am proposing to the Safety Board the creation of a new
program of part-time police
officers (the PTO program).
An ordinance containing the terms and
conditions of this program is being filed with the
City Cleric today. The pay of these officers
requires Council approval. It is designated as 80%
of the current hourly rate of a South Bend
Police Patrolman First Class rank.
This is because the job is strictly part-time, it may involve duties from time to time that
are more civilian in nature, and because no benefits are payable. The Department hopes to attract
retired or former officers from a wide geographic area. No need for additional funding exists at
this time due to availability ofmoneys from unfilled full-time officer positions.
It is anticipated that the Board of Public Safety will approve the PTO program at its
meeting this month, and before the Common Council takes final action, expected to be on
September 25, 2017. A copy of the proposed Board of Public Safety Resolution is included for
your information.
Service
Bravery P ride Dedication
I along with Division Chief Jeff Rynearson will present this ordinance to the Council for
committee
hearing and for second and third Council reading. An attorney or attorneys from the
City Legal Department may also be present.
Thank you for your consideration.
Sincerely,
I
colt Ruszkowsk', hief
South Bend Police Department
Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,ESTABLISHING A PART-TIME POLICE OFFICER PROGRAM FOR THE
CITY OF SOUTH BEND AND THE POLICE DEPARTMENT
STATEMENT OF PURPOSE AND INTENT
The City of South Bend is faced with events periodically,but not regularly,that demand
use of public security assistance or reinforcement. At those times, the full-time South Bend
Police Department membership is stretched to its utmost capacity. Yet,hiring additional regular
members of the Police Department would not be appropriate merely to cover such unusual but
intermittent events. At other times,the Police Department, despite best efforts,has had difficulty
recruiting sufficient full-time officers to meet the fullest range of law enforcement/community
demands.
To resolve the challenges of these conditions and to provide the South Bend Police
Department with greater flexibility,the Police Chief, by authority as the person with statutory
exclusive control of the police department, subject to the rules and order of the safety board,
Ind. Code 36-8-3-3(g)), desires to create a program within the South Bend Police Department to
be known as
the Part-Time Officer Program (PTO). The PTO is within the City's home rule
authority because any doubt as to the existence ofa city's power to act is construed in favor of
the City, Ind. Code 36-1-3-3, and because it is not inconsistent with Indiana State law.
The PTO is to be comprised of part-time, sworn employees to be hired as needed subject
to appointment
by the safety board per Ind. Code 36-8-3-3 (c) (1),
who would not be full-time
officers; would not be members ofthe City's police collective bargaining Agreement; whose
salaries would be set by this Common Council; who would not be entitled to benefits other than
as provided herein,who would be of one class without rank and not subject to merit promotion;
who would not be guaranteed to work any hours at all, and who would not work full-time as
defined by the Federal Fair Labor Standards Act(FLSA), would not exceed 1,000 hours
annually, and whose discipline authority would be solely the South Bend chief of police.
These part-time officers would supplement or enhance full-time officers and assist with
special events, designated patrols, and other assignments, at the
discretion of the
Chief of Police.
Only while so employed, during work hours, these part-time officers (PTO) shall have the same
scope and range of authority as full-time officers to the full extent provided by Indiana law.
PTO's at no time outside of actual work hours will use any: identification, device,badge,
insignia, uniform, or depiction ofthe South Bend Police Department or City of South Bend, for
any reason.
Implementation of a PTO program within the City of South Bend Police Department, as
proposed and described by the City's ChiefofPolice is in the best interest of the residents ofthe
City, and provides a flexible response to the multiple public safety needs of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND,INDIANA as follows:
SECTION I. A Police Department Part-Time Officer Program, as proposed by the
Chief of Police for the City of South Bend is hereby established for the City of South Bend,
Indiana,to assist or enhance full-time police officers with law enforcement activities as assigned
by the Chief of Police or his/her designee, which may include non-police, civilian work from
time to time. While so employed, during work hours,these part-time officers shall have the same
scope and range of authority as full-time officers to the full extent provided by Indiana law.
SECTION II. Part-time police officers shall be hired as needed at the discretion ofand
by the chiefof police subject to appointment by the public safety board. Part-time police officers
shall be governed by the same rules,regulations,policies and directives as full-time members of
the Police Department; except that part-time police officers shall be without rank and shall not
be subject to any portion of any collective bargaining agreement or merit decisions under Ind.
Code 36-8-3.5-13. Part-time officers must fulfill all training requirements set forth by the Indiana
Law Enforcement Training Board for such described officers.
SECTION III. Part-time officers shall be under the sole disciplinary jurisdiction ofthe
Chief of Police. Any and all part-time officers serve at the discretion of the Chief of Police, shall
have no property rights in said employment, and may be removed by the Chief ofPolice at any
time.
SECTION IV. Part-time police officers shall not be used as permanent replacements for
permanent full-time police officers and they shall not be assigned, under any circumstances, to
supervise or to direct full-time police officers.
SECTION V. Part-time police officers shall be paid per hour of work at the rate of 80%
ofthe current hourly rate ofa South Bend Police Patrolman First Class rank. Each part-time
officer is not guaranteed any work at any time and shall not exceed 1000 hours of work in any
one calendar year
SECTION VI. PTO's at no time outside of actual work hours will use any:
identification, device,badge,insignia, uniform, or depiction of the South Bend Police
Department or
City of South Bend,
for any reason.
SECTION VII. This ordinance shall be in full force and effect upon its passage by this
Common Council, signature by the Mayor, and any 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 ofthe
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 ofthe City of South Bend this
day of 2017.
Pete Buttigieg,Mayor
Filed in Clerk's Office
1 st
READING AP 0 67)n1 7
PUBLIC HEARING
3 rd
READING KAREEMAH FOWLER
NOT APPROVED CITY CLERK,SOUTH BEND, IN
REFERRED
PASSED
Filed in Clerk's Ofte
SEP 06 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH MEND,IN
RESOLUTION NO.
I!
A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH
BEND,INDIANA,ADOPTING AND APPROVING THE POLICE CHIEF'S PART-
TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND ITS
POLICE DEPARTMENT
WHEREAS, The City of South Bend is faced with events periodically,but not regularly,
that demand use of public security assistance or reinforcement. At those times,the full-time
South Bend Police Department membership is stretched to its utmost capacity. Yet,hiring
additional regular members of the Police Department would not be appropriate merely to cover
such unusual but intermittent events. At other times,the Police Department, despite best efforts,
has had difficulty recruiting sufficient full-time officers to meet the fullest range of law
enforcement/community demands; and
WHEREAS, To resolve the challenges of these conditions and to provide the South Bend
Police Department with greater flexibility,the Police Chief,by authority as the person with
statutory exclusive control ofthe police department, subject to the rules and orders ofthe safety
board, (Ind. Code 36-
8-3-3(g)), desires to create a program within the South Bend Police
Department to be known as the Part-Time Officer Program(PTO) and because it is not in
conflict with Indiana State law; and
WHEREAS, The PTO, as proposed by the City's Chief of Police is within the City's
home rule authority because any doubt as to the existence of a city's power to act is construed in
favor of that city. Ind. Code 36-1-3-3; and
WHEREAS,The PTO is to be comprised of part-time, sworn employees to be hired as
needed subject
to appointment
by the safety board per Ind. Code 36-8-3-3 (c) (1), who would not
be full-time officers; would not be members of the City's police collective bargaining
Agreement; whose salaries would be finally approved and fixed by the South Bend Common
Council; who would not be entitled to benefits other than as provided herein: who would be of
one class without rank and not subject to merit promotion; who would not be guaranteed to
work any hours at all, and who would not work full-time as defined by the Federal Fair Labor
Standards Act(FLSA),no more than 1,000 hours per year; and whose discipline authority would
be solely the South Bend chief of police; and
WHEREAS, These part-time officers would supplement or enhance full-time officers and
assist with special events, designated patrols, and other assignments
at the discretion of
the Chief
of Police. While so employed,these part-time officers(PTO) shall have the same scope and
range of authority as full-time officers to the full extent provided by Indiana law.
WHEREAS, Implementation of a PTO program within the City of South Bend Police
Department, as proposed and described by the City's Chief ofPolice, is in the best interest of the
residents of the City, and provides a flexible response to the multiple public safety needs of the
community.
NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. A Police Department Part-Time Officer Program, as proposed by the
Chief ofPolice for the City of South Bend is hereby established for the City of South Bend,
Indiana, to assist full-time police officers with law enforcement activities as assigned by the
Chief ofPolice or his/her designee, which may include non-police, civilian work from time to
time. Only while so employed, during work hours, these part-time officers shall have the same
scope and range of authority as full-time officers to the full extent provided by Indiana law.
SECTION II. Part-time police officers shall be hired as needed at the discretion of and
by the chief of police subject to appointment by the Board of Public Safety. Part-time police
officers shall be governed by the same rules,regulations,policies and directives as full-time
members ofthe Police Department, except that part-time police officers shall be without rank
and shall not be subject to any portion of any collective bargaining agreement or merit decisions
under Ind. Code 36-8-3.5-13. Part-time officers must fulfill all training requirements set forth by
the Indiana Law Enforcement Training Board for such described officers.
SECTION III. Part-time officers shall be under the sole disciplinary jurisdiction of the
Chief ofPolice. Any and all part-time officers serve at the discretion of the Chiefof Police, shall
have no property rights in said employment, and may be removed by the Chief of Police at any
time.
SECTION IV. Part-time police officers shall not be used as permanent replacements for
permanent full-time police officers and they shall not be assigned, under any circumstances,to
supervise or to direct full-time police officers.
SECTION V. Subject to approval by the South Bend Common Council,part-time police
officers shall be paid per hour of work at the rate of 80%ofthe current hourly rate of a South
Bend Police Patrolman First Class rank. Each part-time officer is not guaranteed any work at
any time and shall not exceed the Fair Labor Standards definition ofpart-time laborer,not more
than one thousand(1,000)hours of work in any one calendar year.
SECTION VI. PTO's at no time outside of actual work hours will use any:
identification, device,badge, insignia, uniform, or depiction of the South Bend Police
Department or
City of South Bend,
for any reason.
BOARD OF PUBLIC SAFETY
John Collins, President
Eddie L. Miller Member
Luther Taylor, Member
Daniel Jones,Member
Brian Pawlowski, Member
ATTEST:
Linda M.Martin, Clerk
1200 COUNTY-CITY BUILDING PHONE 574/235-9241
227 W.JEFFERSON BOULEVARDo 4
d FAX 574/235-7670
SOUTH BEND,INDIANA 46601-1830 1J TTY 574/235-5567
U
d'4
FtAU
CITY OF SOUTH BENDPETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE ALADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
September 6,2017 f=iled in Ci€-rK'S Olfic:e
Mr.Tim Scott SEP 0 6 2017
President, South Bend Common Council
4 Floor, County-City Building KARSEMAR FOWLER
South Bend, IN 46601
CITY CLEFIK.800TH fSEND,IN
Re: Interlocal Agreement between the City of South Bend and County of St.Joseph to Enforce
the County's Human Rights Ordinance
Dear Council President Scott:
In February 2017 St.Joseph County adopted a Human Rights Ordinance substantially equivalent
to South Bend's,and the County ordinance reserved the right to designate a local,eligible agency to enforce
the County's human rights ordinance.
Since the County Council and Commissioners'adoption ofits human rights ordinance,discussions
have taken place between County and City officials for engagement of the South Bend Human Rights
Commission (HRC) as the
County's enforcement agency. This is good synergy because it broadens the
HRC's mission as public educator and
promoter of human rights. It also assures a uniform, consistent
approach to discrimination claims throughout St.Joseph County, and it will be more convenient to local
claimants and respondents.
For these reasons,I am pleased to file an ordinance approving an interlocal agreement between the
County and City through the HRC to enforce the County human rights ordinance. The County Council
will act upon a similar Bill at its meeting to be held September 12,2017.
The ordinance provides for an initial term through April 2018 when there is no charge to the
County for these services.
During this interim, the HRC can assess and determine the effect of this
program upon the resources of the HRC. Thereafter, the agreement can be extended with or without
County monetary contribution, or terminated by either party.
ELLIOT A.ANDERSON DANIELLE K. CAMPBELL ASHLEY MILLS COLBORN
BENJAMIN J.DOUGHERTY MICHAELJ.SCHMIDT
Mr.Tim Scott
September 6,2017
Page 2
HRC Director Lonnie Douglas will present this ordinance to the Council for committee hearing
and for second and third
Council reading. A member of the Commission may be present along with
myself.
Thank you for your consideration.
Sincerely,
Aladean M. DeRose, City Attorney
cc: Lonnie Douglas
Stephanie Steele
2
Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,
APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SOUTH BEND THROUGH THE SOUTH BEND HUMAN RIGHTS COMMISSION AND
THE COUNTY OF ST. JOSEPH TO ENFORCE THE COUNTY'S HUMAN RIGHTS
ORDINANCE
STATEMENT OF PURPOSE AND INTENT
On February 14, 2017 the St. Joseph County Council approved the St. Joseph County
Human Rights Ordinance, Ordinance No. 18-17, which was subsequently approved by the St.
Joseph County Board of Commissioners on February 21, 2017. That ordinance is substantially
equivalent to the South Bend Human Rights Ordinance codified at Chapter 2, Article 9, Sections
2-127 et seq. of the South Bend Municipal Code.
The St. Joseph County Human Rights Ordinance designated the Indiana Civil Rights
Commission as the agency to enforce the St. Joseph County Human Rights Ordinance,but St.
Joseph County reserved the right to designate an alternative local agency to enforce the St.
Joseph County Human Rights Ordinance at such a time as the alternative local agency would be
in existence and eligible to carry out that enforcement.
The South Bend Human Rights Commission is in existence and is eligible to carry out
enforcement ofthe St. Joseph County Human Rights Ordinance. The St. Joseph County Council
has recognized and acknowledged the benefit of designating the South Bend Human Rights
Commission as the enforcement body for the St. Joseph County Human Rights Ordinance on
both an interim and permanent basis. The St. Joseph County Council approved the Human Rights
Ordinance Interlocal Agreement attached as Exhibit A hereto at its meeting held on September
12, 2017.
Similarly, it is in the best interest ofthe City of South Bend that the South Bend Human
Rights Commission enforce the County ordinance because it will assure a uniform, consistent
approach to claims of discrimination arising in St. Joseph County, Indiana, and will be more
convenient for local claimants and respondents.
For the initial term of this Interlocal Agreement,the County will not pay for the services
of the South Bend Human Rights Commission. That arrangement will be reviewed and evaluated
at
the close of the initial term.
NOW, THEREFORE, be it ordained by the Common Council of the City of South
Bend,Indiana, that:
SECTION I.
The Council hereby approves the Human Rights Ordinance Interlocal
Agreement in the form attached
hereto as Exhibit"A".
No appropriation of funding is necessary.
SECTION II. This Ordinance shall be in full force and effect from and after its passage
by this Common Council and signature by the Mayor.
Member, South Bend Common Council
Filed in Clerk's Office
St READING
SEP 0 5 2017
PUBLIC HEARING
3 rd READING KAREEMAH FOWLER
NOT APPROVED CITY CLERK,SOUTH BEND, IN
REFERRED
PASSED
EXHIBIT A
Interlocal Agreement between the City of South Bend Human Rights Commission and the
County of St. Joseph
For Enforcement of the County's Human Rights Ordinance
This portion left intentionally blank]
Filed in Clerk's Office
SEP 0 6 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND HUMAN
RIGHTS COMMISSION AND THE COUNTY OF ST.JOSEPH FOR ENFORCEMENT
OF THE COUNTY'S HUMAN RIGHTS ORDINANCE
This Agreement is made and entered
into this
day of
2017, by and
between St. JosephCounty, Indiana(the "
County"), and the City of South(the City)through the
South Bend Human Rights Commission(the "Commission").
WITNESSETH
WHEREAS, The South Bend Human Rights Commission (the "Commission")
is an
agency of the
City of South Bend (the
City) and both the
City and the
County of St. Joseph (the
County) are political subdivisions organized and existing pursuant to the laws of the State of
Indiana. Both the City and the County are empowered pursuant to Ind. Code §36-1-7 to enter into
this Interlocal Agreement and to cooperate in furtherance of the joint action described in this
Agreement; and
WHEREAS, the County has previously enacted a Human Rights Ordinance (St. Joseph
County Code, Title III, Chapter 37) which is effective in those parts of St. Joseph County which
are not part of the corporate limits of the City of South Bend; and
WHEREAS, as part of that Human Rights Ordinance,the County designated the Indiana
Civil Rights Commission as the enforcing body,but reserved the right to designate an alternative
local agency at such a time as the alternative local agency would be in existence and eligible to
carry out that enforcement; and
WHEREAS, entering into an interlocal agreement with the South Bend Human Rights
Commission would make the Commission"eligible"to carry out enforcement of the Human
Rights Ordinance for claims under the Human Rights Ordinance occurring outside the corporate
limits of the City of South Bend; and
WHEREAS, the County desires to designate the South Bend Human Rights
Commission, as an alternative local agency which is in existence and made eligible by this
Interlocal Agreement, as the enforcing body of the St. Joseph County Human Rights Ordinance;
and
WHEREAS,
the Commission is amenable to being designated as the enforcing body of
the St. Joseph County Human Rights Ordinance.
NOW, THEREFORE,the County and the Commission agree as follows:
1. Purpose of Inter-Local Agreement. The purpose of this agreement is to
designate the South Bend Human Rights Commission as the enforcing body for claims under the
St. Joseph County Human Rights Ordinance arising out of occurrences located outside the
corporate boundaries ofthe City of South Bend. The City through the Commission will
investigate and make recommendations for charges of discrimination within the scope of the
County's Human Rights ordinance in the same manner as ifthe charges had originated within the
City's corporate limits or within the jurisdiction of the City's Human Rights ordinance. In so
doing, it will use its staff, office and other resources.
2. Compensation.
The Commission will be the enforcing body for the St. Joseph
County Human Rights Ordinance for no compensation during the initial short term of this
Interlocal Agreement,the parties recognizing that until services are actually provided for the
County's benefit,the Commission cannot determine what financial impact this Agreement will
have upon its resources. Both parties acknowledge that the annual cost of a full time investigator
including benefits is about $52,000.00.
3. Duration. This Agreement is intended to be of an initial short duration in
order for the parties to examine and assess the results and impact. Therefore,this Agreement will
expire after May 1, 2018. Upon or before expiration, the parties shall mutually determine
whether to renew for a similar or different term, or to renegotiate the terms of the Agreement.
Each party may also terminate this agreement with thirty(30) days' written notice to the other
party.
4. Notice.
Any notice required or permitted by this Agreement shall be in
writing and shall be deemed given when delivered personally or deposited in the U.S. mail, first
class with postage prepaid, and addressed to the parties below, or such other address as a party
may request by notifying the other in writing:
To theCounty: St. Joseph County Board of Commissioners
7th Floor, County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
And
St. Joseph County Council
County-City Building, Room 411
227 W. Jefferson Blvd.
South Bend, IN 46601
To the Commission: South Bend Human Rights Commission
319 N. Niles Ave.
South Bend, IN 46617
5. Entire Agreement. This Agreement constitutes the entire agreement between
the parties. No alterations, modifications, or additions to this Agreement shall be binding unless
reduced to writing and signed by the parties.
6. Amendments.
The terms and conditions ofthis Agreement may not be
modified or amended except by an instrument executed by each of the parties hereto. No oral
modifications shall be enforceable.
7. Effective Date. This Interlocal Agreement is effective on the date stated in the
first paragraph of this Agreement.
8. Authority.
Each party signing hereto states that they have authority to bind the
party they are signing on behalf ofthis Agreement.
signature pagefollows)
IN WITNESS WHEREOF,the following agree to the terms of the Agreement:
St. Joseph County South Bend Human Rights Commission
Board of Commissioners
Andrew Kostielney, President Executive Director
DeborahFleming, D.M.D., Vice-President
St. Joseph County Council
Dave Thomas, Member
Rafael Morton, President
O
S O U T H
x
U d
W PE ACE a
1865
OFFICE OF THE CITY CLERK
KAREEMAH FOWLER,CITY CLERK
September 20, 2017
Filed in Clerk's Office
SEP 2 0 2017
The South Bend Common Council
4t h FloorCounty-City Building KAREEMAH FOWLER
South Bend, Indiana 46601 CITY CLERK,SOUTH BEND,IN
Re: Proposed 2018 City Clerk's Salary Ordinance
Dear Councilmembers,
Submitted for your consideration is the ordinance that sets the salary for the South Bend
City Clerk for the 2018 calendar year. This ordinance increases the City Clerk's 2018
salary by 2%which is congruent with the proposed increase for other non-bargaining
employees.
As you know, I will present this bill to the Personnel and Finance Committee at the
appropriate time. Please don't hesitate to let me know if you have questions or require
further information. Your favorable approval is hereby requested.
Respectfully,
Ae4A y,
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Attachment
cc: Office of the 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.SouthBendfN.gov
JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR
CHIEF DEPUTY/CHIEF OF STAFF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
ORDINANCE NO.
BILL NO. 59-17
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND
CITY CLERK FOR CALENDAR YEAR 2018
STATEMENT OF PURPOSE AND INTENT
The City Clerk serves as the clerk
to legislative body pursuant
to IndianaCode § 36-4-6-9 and is
required to preserve the legislative body's records and proceedings. The City Clerk is also charged
with keeping the City Seal, administering official oaths, attending all regular and special meetings
ofthe Common Council, and performing other duties as may be required by the legislative body.
Indiana Code § 36-4-11-4 authorizes
the
City Clerk to appoint
the "
number of deputies and
employees authorized
by the city legislative body", which are established by a separate ordinance.
The City Clerk currently manages a staff of four (4) employees, which includes overseeing the
Ordinance Violations Bureau.
The South Bend Common Council is required to fix the annual compensation of all elected city
officers pursuant
to Indiana Code § 36-4-7-2.
P't-ut/ 6ntl, n d%n, a6fallau:
Section I. The maximum salary for the City Clerk for the 2017 calendar years shall be established
as follows:
2017 2018
69, 466 70, 900
Section II. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor and legal publication.
Tim Scott, Council President
South BendCommon Council
2018 South Bend City Clerk Salary Ordinance
Page 2
Kareemah N. Fowler, City Clerk
Office of the City Clerk
6z en d 6 me Ga t/e x a
the rt a
Paaa 66m,64 Jrn5&ana,, an
Kareemah N. Fowler, City Clerk
Office ofthe City Clerk
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
1st READING
SEP 2 2017P.UBUC HEARING"
3 rd READING
NOT APPROV
KAREEluIAil FOWLER
REFERREDCITY CLERK,SOUTH BEND,IN
oACcFrl
pt TN+,
ao
Common Council
City of South Bend Indiana
Tim Scott,Common Council President
4'h Floor County-City Building
227 West Jefferson Boulevard
South Bend,Indiana 46601
574)235-9321 574)235-9173 Facsimile 574)235-5567 TTY/TDD
September 20, 2017 Filed in Clerk'S Office
The South Bend Common Council
4 th Floor County-City Building SEP 20 2017
South Bend, Indiana 46601
KAREEMRH FOWLER
CITY CLERK,SOUTH SEND, INRe: Proposed 2018 Council Member Salary Ordinance
Dear Council Members:
Attached is the 2018 salary ordinance setting the Common Council's salary. The proposed Council
budget includes asalary increase for members of the Common Council at 2%. If approved, this
would be result in an increase of$381 over the current maximum salary.
I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for
review and recommendation and then set for 2nd& 3Td readings and public hearing at the October
9th Common Council meeting. Thank you.
M sinc
Tim Scott, Council President
South Bend Common Council
Attachment
cc: Office of
the
City Clerk
ORDINANCE NO.
BILL NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON
COUNCIL MEMBERS FOR CALENDAR YEAR 2018
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council is required to fix the annual compensation of elected city
officers. Indiana Code §
36-4-7-2 authorizes the legislative body to carry out these
responsibilities.
This ordinance
proposes a
two percent (
2 %) maximum increase for calendar year 2018 for the
nine-member Common Council.
1n
Section I. The maximum salaries for the members of the South Bend Common Council for the
2018 calendar years shall
be established as follows, which reflects a maximum 2% increase over
the 2017 maximum rate:
2017 2018
19,030 19,411
Section II.
This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor and legal publication.
Tim Scott, Council President
South Bend Common Council
Office of the
City Clerk
2018 South Bend Common Council Salary Ordinance
Page 2
6 mlent w*me to die a die a aal ond, , an dee
a(Yof 2017at a'W,4
Office of the City Clerk
xaa Larcdd. me to die C% ode o aat/ rned r 6n
die a 20-17a a
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
1 st READING SEP 2 0 2017
PUBLIC HEARIN-
3 rd READING
N07 APP',-_
KAREEN!AI FOWLER
REFERRED
CITY CLERK,SOUTH BEAD, IN
P Ac r—
oUT11&P
1200N COUNTY-CITY BUILDING PHONE 574/235-7678
227 W.JEFFERSON B LVD. FAX 574/235-9928
SOUTH BEND,INDIANA 46601-1830
r PE A(:F
l w
x x
1865
CITY OF
SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 18, 2017 Filed in Clerk's Office
SEP 2 0 2017
Mr. Tim Scott KAREEMAI t(DVVLER
President, South Bend Common Council CITY CLERK,S0IsTi-1 BBND`IN
4t"Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Setting the Mayor's Salary For 2018
Dear President Scott:
Attached is the 2018 salary ordinance setting the Mayor's salary. Under Indiana law, I.C. 36-4-7-
2(c),the Mayor's salary may not be reduced from the prior year's amount. This ordinance increases
the Mayor's 2018 salary by 2%
over his 2017 salary which is the same as the proposed increase
for other non-bargaining employees.
I will present this bill to the Common Council at the appropriate committee and council meetings.
It is requested that
this bill
be filed for 1 st
reading on September 25, 2017,with
2nd
reading, public
hearing and
3r d reading scheduled for October 9, 2017. If you have any further questions or need
additional information, please let me know.
Thank you for your consideration.
Sincerely,
q
Jennifer C. Hockenhull
City Controller
0/V_D
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR
FOR CALENDAR YEAR 2018
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code 36-4-7-2,the City's legislative body is required to fix the annual
compensation of all elected officers.
Such compensation may "not be changed in the year for
which it is fixed, nor may it be reduced below the amount fixed for the previous year."
The following Ordinance establishes the annual compensation for Mayor of the City of
South Bend in calendar year 2018.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. The annual compensation for the Mayor of the City of South Bend in calendar
year 2018 shall
be and
hereby is established at$108,710.
Section II.
This Ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor and any publication required by law.
Member, South Bend Common Council
Attest:
City Clerk
Presented by me to the Mayor ofthe 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
1 st READING
SEP 2 0 2017
PUBUC HEARING
3 rd READING KAREEMAH FOWLER
NOT APPROVED CITY CLERK,SOUTH BEAD,IN
REFERRED
PASSED
SpTNBF
120ON COUNTY-CITY BUILDING
p, PHONE 574/235-7678
227 W.JEFFERSON BLVD. 2' FAX 574/235-9928
SOUTH BEND,INDIANA 46601-1830
i V
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 18, 2017 Filed in Clerk's Office
SEP 2 0 2017
Mr. Tim Scott KAREEMAH FOWLER
President, South Bend Common Council CITY CLERK,SOUTH REND, IN
41h Floor, County-City Building
South Bend, IN 46601
Re: 2018.Non-Bargaining Employee and Officer Salary Ordinance
Dear President Scott:
Enclosed please find the proposed 2018 Non-Bargaining Employee and Officer Salary Ordinance.
I will present this bill to the Common Council at the appropriate committee and council meetings.
It is requested that this bill be filed for 1 st reading on September 25,2017,with 2nd reading,public
hearing and 3rd reading scheduled for October 9, 2017. If you have any further questions or need
additional information,please let me know.
Thank you for your consideration.
Sincerely,
Jennifer C. Hockenhull
City Controller
Qv
ORDINANCE NO.
AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA,
FOR THE CALENDAR YEAR 2018
STATEMENT OF PURPOSE AND INTENT
This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City
of South Bend for the calendar year 2018.
Salaries will be paid pursuant to the budget approved by the
Common Council. The budgeted number to be paid may be less than the maximum amounts set forth herein.
This Ordinance establishes such compensation for all non-bargaining employees by specific position and title.
The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all
City employees. This Ordinance is in the best interest of the City and the affected non-bargaining employees.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, as follows:
Section I.Maximum Compensation
The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend,
Indiana are hereby established as set forth in the attachment,which is incorporated herein by reference. The
amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated
March, 1993. Accordingly, salaries are set and paid on a Bi-Weekly basis.Amounts by alphabetical position
are set forth, as well as the annual salary for each position.
Section II.
Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by
Reference
a)
Holidays. Holidays designated by the Board of Public Works shall govern non-bargaining
employees for the calendar year 2018. The provisions of the City's Personnel Policies and
Procedures Manual as it may be amended from time to time shall apply and are incorporated
herein by reference.
b)
Vacations. Vacation for non-bargaining employees shall be as set forth in the City's
Personnel Policies and Procedures Manual and/or Employee Handbook as it may be
amended from time to time, incorporated herein by reference.
c)
Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by
reference in its entirety.
d) Parental Leave. Parental leave will be offered to all full-time employees in accordance with
the policy adopted by the administration to be effective January 1, 2018. This policy may be
amended from time to time, and will be incorporated into the City's Personnel Policies and
Procedures Manual and/or Employee Handbook.
e) Insurance.
1) Comprehensive Malor Medical Insurance Program. The City shall maintain a
comprehensive
major medical insurance program in which, subject to Section III
herein, non-bargaining employees regularly scheduled to work 30 hours or more per
week may participate under the rules and guidelines of the plan document.
All
employees receive a copy of a plan document each year.
2)
Short and Long Term Disability. Short and Long Term Disability shall be as set
forth in the City's Personnel Policies and Procedures Manual, as it may be amended
from time to time, which is incorporated herein by reference.
3) Payment for Election to Leave Employer's Comprehensive Maior Medical
Insurance Program. The City shall pay one hundred and
thirty ($130) per month
65 bi-weekly)to any Employee who elects to leave the City's comprehensive major
medical insurance program to be covered by another program for which the City
makes no contribution. This election shall not be mandatory,and the Employee who
made such election may return to the City's comprehensive major medical Insurance
Program, provided that the conditions are a Qualifying Life Event or Open Enrollment
of the
City's Comprehensive Major Medical Insurance Program, and the
contributions specified herein are made, but in such event said Employee shall forfeit
the one hundred and
thirty dollar($130) payment per month thereafter.
4)
Life Insurance. The City shall provide term life insurance coverage in an amount 1x
annual salary rounded up to the nearest$1,000 for each benefit eligible employee
except for Police and Fire which are at set forth in the collective bargaining
agreement. Such insurance shall become effective upon the award of a group life
insurance bid by the Board of Public Works, or upon the beginning of the plan year,
whichever is later.
5) Benefit Waiting Period. The City notes that life insurance and comprehensive
major Medical Insurance programs require a minimum eligibility period of thirty(30)
days; and that the long-term disability program requires a minimum ninety(90) day
eligibility period which must be met.
f)
Hiring Bonus.The Mayor, may, at his/her discretion,offer a Hiring Bonus to a new employee
as an incentive for the employee to accept the position offered.This Bonus will be paid to the
employee in addition to the salary set forth in theSalary Ordinance. The range of these
monetary bonuses will be from one hundred ($100) to four thousand dollars ($4,000).
g) Allowances.
1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to
city employ ees in lieu of a
City issued car. The allo wancemay range from one($1)
to five hundred dollars ($500) dollars per month.
2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business
portion of an employee's cell phone may be provided to those employees whose
position and job responsibilities require the ability to communicate outside of city
premises or after normal city working hours. The allowance shall not exceed one-
hundred dollars ($100) per month.
h)
Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement
incentive program that may take the form of a bonus upon retirement for years of service or
assistance with health insurance for a retiree who is not Medicare eligible. Such assistance
shall not exceed one(1)year.Any such bonus or assistance must be approved by the Mayor
and Controller and is subject to appropriation by the Common Council before any such bonus
or assistance
may be paid.
I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for
employees in PERF covered positions under certain conditions. The Mayor shall have
discretion to offer such early retirement incentive program, pursuant to statute, after
consultation with the Controller and after appropriation by the Common Council.
i)Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's
Personnel Policies and Procedures Manual as it may be amended from time to time.
Section III, Employee Definitions
a) Full-Time Employee. Full-time employees are those employees who are regularly
scheduled to work forty (40) hours per week, or a reduced full-time schedule of thirty (30)
hours or more per week as approved by the Mayor on a voluntary basis. Such employees
are eligible for the Employer's Benefits Package subject to the terms, conditions and
limitations of each benefit program. However, solely for purposes of qualification for health
care benefits under the federal Patient Protection and Affordable Care Act (the Act) as
amended,the definition of full time employee shall be the equivalentofthatwhich is provided
in the Act, and this Section shall not be construed to be in conflict with the Act.
b) Part-Time Employee. Part-time employees are those employees who are not assigned to a
full-time status as defined by the City including those who qualify for health care benefits
under the Act, but who do not meet the City's definition of full-time employee under subpart
a)of this Section, and who are scheduled to work less than the City of South Bend's full-time
schedule, not to exceed one thousand five hundred and eight(1,508) hours per year. While
they do receive certain mandated benefits (such as worker's compensation, social security
benefits, and for some, health care under the Act), they are not eligible for other City benefit
programs with the exception of the positions listed below:
All Attorneys employed in the City's Legal Department in part-time positions as well as all
elected Council members and the Senior Advisor to the Mayor, are eligible for participation in
all of the Employer's Benefit Programs.
Section IV. Policies and Procedures Manual Availability
Two (2) copies of the City's Personnel Policies and Procedure Manual and/or Employee Handbook shall be
kept on file and made available for public inspection during regular hours in the office of the City Clerk on the
4th Floor of the County-City Building, South Bend, Indiana.
Section v. Effective Date
This Ordinance shall be in full force and effect from and after its passage by the Common Council and
approved by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of theCity of South Bend, Indiana on the
day of
2017, at o'clock_. M.
Deputy City Clerk
Approved and signed
by me on the
day of 2017, at
o'cl ock m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
1 st READIKO SEP 2 0 2017
PUBLIC HE.'-*"—
3 rd READ'.KAREEMAH FOWLER
NOT APPR, CITY CLERK,SOUTH BEND,IN
REFERRED
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1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 19, 2017
Filed in Clerks office
SEP 2 0 2017
Mr. Tim Scott
President, South Bend CommonCouncil KAREEMAH FOWLER
4t h Floor, County-CityBuilding CITY CLERK,SOUTH BEND,ICI
South Bend, IN 46601
Re: 2018 Teamster Employee Wage Ordinance—Ratification
Dear President Scott:
Enclosed please find the proposed 2018 Teamster Employee Wage Ordinance. The agreement was
ratified
by the Teamster Union on October 16, 2016. The agreement was then passed as an
ordinance#
10474-16 on October 24,2016. The agreement is for a 4-year period from 2017-2020.
Please note that the attached ordinance includes a previously omitted Longevity section which was
included in the original agreement, however, inadvertently omitted from the ordinance passed in
2016.
I will present this bill to the Common Council at the appropriate committee and council meetings.
It
is requested that this
bill be filed for 1St
reading on September 25,
2017,with 2°a
reading, public
hearing and
3r d reading scheduled for October 9, 2017. If you have any further questions or need
additional information, please let me know.
Thank you for your consideration.
Sincerely,
Ck(-Jcw
Jennifer C. Hockenhull
City Controller
dY y
Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR
CALENDAR YEARS 2017-2020
STATEMENT OF PURPOSE AND INTENT
This Ordinance sets forth the monetary aspects of the tentative agreement reached
between the City Negotiating Team and the Teamster's Negotiating Team on October 19, 2016.
The overall guidelines used in this Ordinance are consistent with the overall negotiating
criteria used for all City employees.
This Ordinance is in the best interest of the City and the affected Teamster employees.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. Maximum Compensation
a) The maximum amounts to be paid as compensation for Teamster employees
for the City of South Bend, Indiana are hereby established as set forth in the
attachment, which is incorporated herein by reference. The amounts set
forth are consistent with the recommended procedure of the State Board of
Accounts dated March, 1993. Accordingly, wages are set and paid on a Bi-
Weekly basis. Amounts by department and alphabetical position are set
forth as well as the hourly wage for each position.
Section II.
Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated
by Reference.
a) Holidays. Holidays for Teamster employees shall be as set forth in the
Collective Bargaining Agreement, incorporated herein by reference.
b) Vacations. Vacation for Teamster employees shall be as set forth in the
Collective Bargaining Agreement, incorporated herein by reference.
c) Insurance.
1) Comprehensive Major Medical Insurance Program/Preferred
Provider Organization (PPO). The City shall maintain a
comprehensive major medical insurance program that all
Teamster employees may participate in.
2) Short and
Long Term Disability. Short and
Long TermDisability
shall be as set forth in the Collective Bargaining Agreement and the
City's Personnel Policies and Procedures Manual, as it may be
amended from time to time, which is incorporated herein by
reference.
3) Payment for Election to Leave Employer's Comprehensive Major
Medical Insurance Program. The City shall pay one hundred and
thirty dollars ($130) per month to any Employee who elects to leave
the City's comprehensive major medical insurance program to be
covered by another program for which the City makes no
contribution. This election shall not be mandatory, and the Employee
who made such election may return to the City's comprehensive
major medical Insurance Program, provided that the conditions of the
City's Comprehensive Major Medical Insurance Program are met,
and the contributions specified herein are made, but in such event
said Employee shall forfeit the one hundred and
thirty dollars ($130)
payment per month thereafter.
4) Life Insurance. The City shall provide term life insurance coverage
in an amount not
less than Fifteen Thousand Dollars ($15,000) for
each Teamster employee. Such insurance shall become effective
upon the award of a group life insurance bid by the Board of Public
Works, or upon the beginning of the plan year, whichever is later.
5) Benefit Waiting Period.
The City notes that life insurance,
comprehensive major Medical Insurance, and short term disability
programs require a minimum of sixty (60) day eligibility period; and
that the long-term disability program requires a minimum of a ninety
90) day eligibility period which Teamster employees must meet.
d) PERF Contribution.
The City shall contribute one and one half percent
1.5%) of the Employee's required three percent (3%) contribution to the
Indiana Public Employee Retirement Fund ("PERF") under Ind. Code 5-10.2-
3-2. Employees are responsible for the remaining one and one half percent
1.5%) contribution to PERF.
e)
Longevity. In recognition of certain Employee's dedicated service to the City,
the following Longevity Bonus Plan is provided according to the contract
terms and conditions:
0-5 Years = $0
6-10 Years = $150
11-15 Years = $200
16-20 Years = $250
21+ Years = $350
f) Other Monetary Fringe Benefits. All other fringe benefits shall be as set
forth in the City's Personnel Policies and Procedures Manual as it may be
amended from time
to time and the Collective Bargaining Agreement. If
there is a conflict between Policy and the Bargaining Agreement, the
Bargaining Agreement shall prevail.
g) Early Retirement Incentives. The Mayor shall have discretion to offer an
early retirement incentive program that may take the form of a bonus upon
retirement for years of service or assistance with health insurance for a
retiree who isn't Medicare eligible. Such assistance shall not exceed one(1)
year.
Any such bonus or assistance must be approved by the Mayor and
Controller and are subject to appropriation by the Common Council before
any such bonus or assistance may be paid.
I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years
of service for employees in PERF covered positions under certain conditions.
The Mayor shall have discretion to offer such early retirement incentive
program, pursuant to statute, after consultation with the Controller and after
appropriation by the Common Council.
h) Definition of Full-Time Employee. Full-time employees are those
employees who are not in a part time status and who are regularly scheduled
to work the City of South Bend's full-time scheduled, forty (40) hours per
week, or a reduced full-time schedule of thirty (30) hours or more per week
as approved by the Mayor on a voluntary basis. Such employees are eligible
for the Employer's Benefits Package subject to the terms and conditions and
limitations of each benefit program.
i)Definition of Part-Time Employee. Part-time employees are those
employees who are not assigned to a full-time status and who are scheduled
to work less than the City of South Bend's full-time schedule, not to exceed
one thousand five hundred eight (1,508) hours per year.
While they do
receive certain mandated benefits (such as worker's compensation and
social security benefits), they are not eligible for other City benefit programs.
Section III. Additional Appropriation and State of Indiana Approval
Any appropriation for 2017 PERF contributions required by this ordinance
are approved by the Common Council, and the Mayor or his designee is
authorized to execute any documents related thereto required by any
agency of the State of Indiana.
Section IV. Effective Date
This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approved by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presentedby me
to the Mayor of
theCity of South Bend, Indiana on theday of
1
2017, at o'clock_. M.
Deputy City Clerk
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
1 st READING SEP 2 0 2017PUBLIC HEARING
3rd READING
NOT APPROVE KAREEMAH FOWLER
REFERRED CITY CLERK,SOUTH BEND,II I
PASSED
City of South Bend
2017-2020 Teamster Employees Wage Ordinance
Position Maximum Hourly Pay Rate Levels
October 19,2016
Original
20 16 2017 1.0% 2018 0.75% 201-90.7 5 1/
6 2020 1.0
Po siti on Titl e Rate$ Rate$ I ncrease R ate$ Increa s e Ra te$ Increase Rate$ Increa se
TRAFFIC AN D LIGHTING DEPARTMENT
Staff Positions:
GroupLead er-Traffic&Lighting 18.45 18.63 1% 18.7 7 0.75% 18.92 0.75% 1 9.10 1%
Ope rations Technici an-Job Leader(n e w p o s it i on in 2017) 19.88 2 0.08 1% 20.23 0.75% 20.38 0.75% 2 0.58 1%
Ope rations Technici an 17.73 1 7.9 1 1% 18.04 0.75% 18.18 0.75% 18.36 1%
Sign Art ist18.57 18.76 1% 18.90 0.75% 19.04 0.75% 19.23 1%
Sig n Art ist-Job Le ader 19.88 20.08 1% 20.23 0.75% 20.3 8 0.75% 20.58 1%
Si gnal Te c hni c ian 1 18.37 18.55 1% 18.69 0.75% 18.8 3 0.75% 19.02 1%
Signal Te c hni c ian 11 19.18 19.37 1% 19.52 0.75% 19.66 0.75% 19.86 1%
Signal Te c hni c ian II-Job Le ader 19.88 20.08 1% 20.23 0.75% 20.38 0.75% 20.58 1%
POLICE DEPARTMENT BUILDING MAINTENANCE
S taff Positions:
Police
Facility Op erations Technician 11(formerly Building Maint enance) 17.48 17.65 1% 17.79 0.75% 17.92 0.75% 18.10 1%
Poli c e
Facility Op erations Technician I(formerly Gener al Laborer) 1 6.03 16.19 1% 16.31 0.75% 16.43 0.75% 16.6 0 1%
Polic eFacility Op erations Techni cian II I(formerly Mainte nan c e T echni c ian I) 2 0.46 20.66 1% 20.82 0.75% 2 0.98 0.75% 21.19 1%
PAR K AND RECREATION DEPARTMENT
Staff Posi tions:
Arbo r ist 1 19.31 19.50 1% 19.6 5 0.75% 19.80 0.7 5% 19.99 1%
Arb orist II 20.98
21.19 1% 21.35 0.75% 21.
51 0.7 5% 21.72 1%
Arb orist/WeedContro l18.57 1 8.76 1% 18.90 0.75% 19.04 0.7 5% 19.23 1%
Asst.Greens Superi nt endent 18.85 1 9.04 1% 19.18 0.75% 19.33 0.75% 19.52 1%
Athletic F ield Maintenance 17.58 1 7.76 1% 17.89 0.75% 18.02 0.75% 18.20 1%
Building M ainten ance-Custodi an&Laborer 1 6.0 3 16.19 1% 16.31 0.75% 16.43 0.75% 16.60 1%
Building&Structural Maintenan c e 1 20.2 4 20.44 1% 2 0.60 0.7 5% 20.7 5 0.75% 20.96 1%
Building&Structural Maint enance 11 20.9 8 21.19 1% 21.35 0.7 5% 21.51 0.75% 2 1.72 1%
Construction Mainten ance/Carpenter 1 1 9.61 19.81 1% 19.95 0.75% 20.10 0.75% 20.31 1%
Construction Mainten ance/Carpenter II 2 0.24 20.44 1% 20.60 0.7 5% 20.75 0.75% 20.96 1%
Construction Mainten ance/C arpe nt er 111 2 0.98 21.19 1% 21.35 0.75% 21.51 0.75% 21.72 1%
Con s tructio n Mainten ance/Mason 2 0.24 20.44 1% 20.60 0.75% 2 0.75 0.75% 20.96 1%
Con s truction M aintenance/Wel der 20.24 20.44 1% 20.60 0.75% 2 0.75 0.75% 20.9 6 1%
Electricia n-Park 20.98 2 1.19 1% 21.35 0.75% 21.51 0.75% 21.7 2 1%
Equ ipment Operator II-Park 17.39 1 7.5 6 1% 17.70 0.75% 17.83 0.7 5% 18.01 1%
G eneral Laborer 16.03 1 6.19 1% 16.31 0.75% 16.43 0.7 5% 16.60 1%
Group Lea der-Recreati on 18.57 18.7 6 1% 18.90 0.75% 19.04 0.75% 19.23 1%
GroupLeader-Stre et Island 18.57 1 8.76 1% 18.90 0.75% 19.04 0.75% 19.23 1%
GroupLeader-Leeper 18.57 1 8.76 1% 18.90 0.75% 19.0 4 0.75% 19.23 1%
GroupLeader-Plaza 1 8.57 1 8.76 1% 18.90 0.75% 19.0 4 0.75% 19.23 1%
GroupLeader-C ustodia n 18.5 7 18.76 1% 1 8.90 0.75% 19.0 4 0.75% 19.23 1%
Head Custodian16.7 2 16.89 1% 17.01 0.7 5% 17.14 0.75% 17.31 1%
Heavy Equi pmen t Opera to r 1 18.85 19.04 1% 19.18 0.7 5% 19.33 0.75% 19.52 1%
Heavy Equ ipment Operator II 19.31 19.50 1% 19.65 0.75% 19.80 0.75% 19.99 1%
J ob Leader 19.84 20.04 1% 20.19 0.75% 20.34 0.75% 20.5 4 1%
J ob Leader-Mower Shop19.84 20.04 1% 20.19 0.75% 20.34 0.7 5% 20.5 4 1%
Mech ani c IV-P ark-Garage 19.37 1 9.5 6 1% 19.71 0.75% 19.86 0.7 5% 20.0 6 1%
Mech an icIV-Park-Gol f 19.37 1 9.56 1% 19.71 0.75% 19.86 0.7 5% 20.06 1%
Operator 16.89 17.06 1% 17.19 0.75% 17.32 0.75% 17.49 1%
Paint er IV19.06 19.25 1% 1 9.3 9 0.75% 19.54 0.75% 19.74 1%
P lumber IV-P ar k 20.9 8
1
21.19 1% 21.35 0.75% 21.51 0.75% 21.72 1%
2 017-2020 Tea m ster Wag e R at es forSalary Ord i nan ce(00 3)
Pag e 1 o 1 3
City of South Bend
2017-2020 Teamster Employees Wage Ordinance
Position Maximum Hourly Pay Rate Levels
October 19,2016
Original
2016 20 17 1.0% 201 8 0,75% 2019 0.75% 2 020 1.0%
Position T itle Rate$ Rate$ Increase Rate$ Incre ase Rat e$ I ncrea s e Rate$ In c r ease
S TREET DEPARTMENT
Staff Positions:
Equipme nt Operator 1 16.89 17.0 6 1% 17.19 0.75% 17.32 0.75% 17.49 1%
Equipment Operator I I 17.49 17.6 6 1% 17.80 0.75% 17.93 0.75% 1 8.1 1 1%
Eq uipment Operator 111 18.17 18.35 1% 18.49 0.75% 18.63 0.75% 1 8.81 1%
Genera l L abo r er 16.03 16.19 '1% 16.31 0.75% 16.43 0.75% 1 6.60 1%
Heavy Eq uip m ent Operator 1 18.85 19.04 1% 19.18 0.75°% 19.33 0.75% 1 9.52 1%
Heavy Eq uip ment Operator II 19.31 19.50 1% 19.6 5 0.75% 19.80 0.75% 1 9.99 1%
Job Leader 19.88 20.08 1% 20.2 3 0.75% 20.38 0.75% 2 0.58 1%
E QU IPMEN T SERVICES
Staff Positions:
Building Mainten ance 17.48 1 7.65 1% 17.79 0.75% 17.92 0.75% 18.10 1%
Body Repair IV 19.38 19.57 1% 19.72 0.75% 19.87 0.75% 20.07 1%
Body Re pai r 20.45 2 0.65 1% 20.81 0.75% 20.97 0.75% 21.18 1%
Gen eral Laborer(Ja nitor) 16.03 16.19 1% 16.31 0.75% 16.43 0.75% 16.60 1%
M achi nist IV 19.38 19.57 1% 19.72 0.75% 19.8 7 0.75% 20.07 1%
Mac hinis tV 20.45 20.65 1% 20.81 0.75% 20.97 0.75% 2 1.18 1%
Mechanic III" 18.86 19.05 1% 19.19 0.75% 1 9.34 0.75% 1 9.5 3 1%
Mech ani c IV' 19.87 20.07 1% 2 0.22 0.7 5% 20.37 0.75% 20.5 7 1%
Mechanic V 21.45 21.66 1% 21.83 0.7 5% 21.99 0.75% 22.21 1%
Parts Cle r k 1 17.44 17.61 1% 17.75 0.75% 1 7.88 0.75°% 1 8.0 6 1%
Parts Cle r k II 1 7.97 18.15 1% 18.29 0.75% 18.42 0.75°% 1 8.61 1%
S OLID W ASTE
Staff Positio ns:
D r iver 18.15 18.33 1% 18.47 0.75% 18.61 0.7 5% 18.79 1%
Operator 16.89 17.06 1°% 17.1 9 0.75°% 17.32 0.75% 17.49 1%
Ope r at or II 17.23 1 7.40 1% 17.53 0.75% 17.66 0.75°% 17.84 1%
Equipm ent Operator III(Code) 17.75 1 7.93 1% 18.06 0.75% 18.2 0 0.75°% 18.38 1%
Job Leader 19.84 20.04 1% 20.19 0.75% 20.34 0.75% 20.54 1%
Picker 1 17.34 1 7.5 1 1% 17.64 0.75% 17.78 035°% 17.95 1%
P icker II 17.74 1 7.92 1% 18.05 0.75% 18.1 9 0.75°% 18.37 1%
ORGANIC RESOURCES
Staff Positions:
Heavy Equi pmen t Operato r 1 1 8.85 19.04 1% 19.18 0.75% 19.33 0.75% 19.52 1%
Heavy Equi pmen t Op erator II 19.3 1 19.50 1% 19.65 0.75% 19.80 0.75% 1999. 1%
J ob Leader 20.16 20.36 1% 20.51 0.75% 20.6 7 0.75% 20.87 1%
General L abo r er 16.03 16.19 1% 16.31 0.75% 16.43 0.75°% 1 6.60 1%
W A S TE WATER
Staff Posit ions:
C SO
Rep 1 18.53 1 8.72 1% 18.86 0.75% 19.00 0.75% 19.19 1°%
C SORep II 19.31 1 9.50 1% 19.65 0.75% 19.8 0 0.75°% 19.99 1%
Dew ater Operator 19.31 19.50 1% 1 9.65 0.75°% 19.8 0 0.75% 19.99 1°%
J anitor 16.14 1630 1% 1 6.42 0.75°% 16.55 0.75% 1 631 1%
Lif t Stat ion-
Rep 1 1 9.31 19.50 1% 19.65 0.7 5% 19.80 0.75% 19.99 1%
Lift Station-Rep I I 20.13 20.33 1% 20.48 0.75% 20.64 0.75% 20.84 1%
Maintenan c e Ele c trici an 1 18.19 18.37 1% 1 8.5 1 0.7 5% 18.65 0.75% 18.83 1%
Mai ntenan c e Elec tri cian II 18.57 18.76 1% 18.90 0.7 5% 1 9.0 4 0.75°% 19.2 3 1%
Mai nt ena nce E lect r ician 111 20.13 20.33 1% 20.48 0.75% 20.64 0.75% 20.8 4 1%
Maintena nce E lectricia n IV 20.93 21.14 1% 21.30 0 35% 21.46 0.75% 21.6 7 1°%
Maintena nce E lectricia n V 22.21 22.43 1% 22.60 0.75% 22.77 0.75°% 23.00
M ain ten ance Rep air I
1%
Maintena nce Lead 22.52 22.75 1% 22.92 0.75% 23.09 0.7 5% 2 3.32 1%
18.53 18.72 1% 18.8 6 0.75% 19.00 0.75°% 19.19 1%
2 017-202 0 Te ams te r W age R at es fo rSalary Ordinanc e(003)
P age 2 or 3
City of South Bend
2017-2020 Teamster Employees Wage Ordinance
Position Maximum Hourly Pay Rate Levels
October 19,2016
Original
20 16 2017 1.0% 201 8 0.75% 2019 0.75% 2020 1.0
Po siti on Titl e Rate$ Rat e$ Increa s e Ra te$ In crea s e Rate$ Increase Rate$ In c r ea s e
Mai ntenan ce R epair II 19.3 1 19.5 0 1% 19.65 0.75% 19.80 0.75% 1 9.99 1%
Mai nt enance Repair 111 20.13 20.3 3 1% 20.48 0.75% 20.64 0.75% 20.8 4 1%
Maintenance Repair IV 20.93 21.1 4 1% 21.30 0.75% 21.46 0.75% 21.67 1%
Opera tor-Gene r al 19.31 19.5 0 1% 19.65 0.75% 19.80 0.75% 1 9.99 1%
Operator-L ead 22.52 22.7 5 1% 22.92 0.75% 23.09 0.75% 2 3.32 1%
Operator-Se nio r 20.1 3 20.33 1% 20.48 0.75% 20.64 0.75% 2 0.84 1%
San it ati on Operat or 16.85 17.02 1% 17.15 0.75% 17.27 0.75% 1 7.45 1%
SEWER DEPARTMENT
Staff Posi tio ns:
Concrete Finish er(formerly Curb&Sid ewalk Finish er)19.64 19.84 1% 19.9 9 0.75% 20.14 0.75% 2 0.34 1%
Heavy Equipmen t Operator 1 18.85 19.04 1% 19.1 8 0.75% 19.33 0.75% 19.52 1%
Job Leader 20.32 20.52 1% 20.6 8 0.75% 20.83 0.75% 21.04 1%
Operator 1 16.89 17.06 1% 17.1 9 0.75% 17.32 0.75% 17.49 1%
Operator 11 17.49 17.66 1% 17.8 0 0.75% 17.93 0.75% 18.11 1%
Operator 11 1 18.17 18.35 1% 18.4 9 0.75% 18.63 0.75% 18.81 1%
WATER WO RKS
Staf f P osition s:
Au ditor)-Bargaining.17.30 1 7.47 1% 17.60 0.75% 17.7 4 0.75% 17.91 1%
Au ditor II-Bargaining.18.43
18.61 1% 18.75 0.75% 18.89 0.75% 19.08 1%
Auditor I II-Bargaining.19.90 2 0.10 1% 20.25 0.75% 20.40 0.75% 20.61 1%
Auditor IV-Bargaining. 20.30 20.50 1% 20.66 0.75% 20.81 0.75% 21.02 1%
Customer Service&Billing 16.27 16.43 1% 16.56 0.75% 16.6 8 0.75% 16.85 1%
Dat a Processor 17.97 18.15 1% 18.29 0.75% 18.42 0.75% 18.61 1%
Fie ld R epairman/Inspector1 18.87 19.06 1% 19.20 0.75% 19.35 0.75% 19.54 1%
Fie ld Rep airman/Insp ector II 19.12 19.31 1% 19.46 0.75% 19.6 0 0.75% 19.80 1%
Fie ld Rep airman/Inspect or III 1 9.36 19.55 1% 19.70 0.75% 19.8 5 0.75% 20.05 1%
Ge neral L aborer 1 6.03 16.19 1% 16.31 0.7 5% 16.43 0.75% 16.6 0 1%
Heavy Equipmen t Op erator 1 8.85 19.04 1% 19.18 0.7 5% 19.33 0.75% 1 9.5 2 1%
Heavy Equipment Op erator II 1 9.54 19.74 1% 19.88 0.7 5% 20.03 0.75% 20.2 3 1%
J ob L ead er 1 9.84 20.04 1% 2 0.19 0.7 5% 20.34 0.75% 20.5 4 1%
Machini st 1 9.12 19.31 1% 19.46 0.75% 19.60 0.75% 1 9.8 0 1%
Maintenance Tech-Helper 1 6.48 16.64 1% 16.77 0.75% 16.90 0.75% 1 7.0 6 1%
Maintenance Tech 1 1 7.54 17.72 1% 17.85 0.75% 17.98 0.75% 18.16 1%
Maintenance Tech 11 18.64 18.83 1% 18.97 0.75% 19.11 0.75% 19.30 1%
M eterServic e m an 111 17.18 17.35 1% 17.48 0.75% 17.61 0.75% 17.79 1%
Me ter Serviceman IV 17.84 18.02 1% 18.1 5 0.75% 18.29 0.7 5% 18.4 7 1%
Operator 16.89 17.06 1% 17.19 0.75% 17.32 0.7 5% 17.49 1%
Operat or 11 17.49 17.66 1% 17.8 0 0.75% 17.93 0.7 5% 18.11 1%
2016 rate reflects change negotiated for the 2017 contract
201 7-202 0 T eams te r
Wage Rates forSalary O rdin anc e(
00 3) P age 3 o1 3
pU Tq
Z.
p O
r r
r-
1
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 19, 2017 Filed in Clerk's Office
Mr. Tim Scott
President, South Bend Common Council SEP 2 0 2017
4t'Floor, County-City Building
South Bend, IN 46601
KAREEfVIAH FOWLER
CITY CLERK,SOUTH BEND,IN
Re: Re-Affirmation ofthe Annual Pay and Monetary Fringe Benefits for the South Bend Police
Department
Dear President Scott:
On October 24, 2016, the South Bend Common Council passed Ordinance No. 10472-16, which
established the annual pay and monetary fringe benefits for all sworn members ofthe South Bend
Police Department for calendar years 2017,2018,2019 and 2020. This action followed successful
labor negotiations between the City Advisory Negotiating Team working with our Agents who
negotiated with the FOP Negotiating Team and their Agent.
As noted at the August 30, 2017 Personnel and Finance Committee when the South Bend Police
Department budget for calendar year 2018 was presented, all annual pay amounts and monetary
fringe benefits set forth in their proposed budget reflect the exact amounts originally established
in Ordinance No. 10472-16. The attached ordinance re-affirms all ofthose monetary amounts and
programs for the 2018 calendar year,which were originally part ofthe ratified 4-year agreement.
I will present this bill to the Common Council at the appropriate committee and council meetings.
It is requested that this bill be filed for 1 st reading on September 25, 2017,with 2nd reading,public
hearing and 3rd reading scheduled for October 9, 2017. If you have any further questions or need
additional information,please let me know.
Thank you for your consideration.
Sincerely,
Jennifer C. Hockenhull
City Controller
Attachment
cc: Police Chief Scott Ruszkowski
Dan Demler, FOP Union Agent
Robert Palmer, Council Agent
O
ORDINANCE NO.
BILL NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10472-16 AND FIXING THE ANNUAL
PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2018
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, established the annual compensation
and monetary fringe benefits ofthe South Bend Common Council following successful labor negotiations with
representatives of South Bend FOP Lodge #36
in 2016.
The total wage, monetary fringe benefits and working
conditions package was ratified by voting members of the FOP which resulted in the South Bend Common
Council passing Ordinance No. 10472-16 on October 25, 2016.
Ordinance No. 10472-16 set forth the provisions of a 4-year agreement establishing the annual pay and monetary
fringe benefits for calendar years 2017, 2018, 2019 and 2020, and also established maximum annual pay and
monetary fringe benefits for upper level policy making positions inthe South Bend Police Department as defined
in Indiana Code § 36-8-1-12.
This ordinance formally re-affirms all provisions of Ordinance No. 10472-16 in its entirety for the 2018 calendar
year.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The annual pay and monetary fringe benefits established for all sworn members ofthe South Bend
Police Department, including all upper level policy making positions in the Department, are hereby fixed and re-
affirmed for the 2018 calendar year as per Ordinance No. 19472-16 passed by this Council on October 26, 2016
which originally established the annual pay andmonetary fringe benefits..
A copy of Ordinance No. 10472-16 is
attached hereto, incorporated herein by reference, and reaffirmed in its entirety.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council,
approval by the Mayor and legal publication.
Member of the Common Council
Attest:
City Clerk
Presented
by me
to the Mayor of
the
City of South Bend, Indiana on the
day
of 2 at o'clock_. m.
Deputy City Clerk
Approved and signed
by me on the
day of 2 at
o'clock M.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
1st READING
SEP 2 0 2011PUBLIC HEARING
3 rd READING
NOT APPROVED
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, INREFERRED
PASSED
ORDINANCE No . 10472-16
Passed by the Common Council of the City of South Bend, Indiana
October
24
20 16
Attest: Ch r Clerk
Attest:
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October
25,
70 16
zi City Clerk
Approved and signed
by me
Oc oby 2 6' 20 16
l4or
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN
MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR
CALENDAR YEARS 2017, 2018, 2019 AND 2020
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, ¶ (d) is charged with
establishing before November I",the annual compensation of the South Bend Police Department.
OnFebruary 21,
2016, Sergeant Dan Demler, the President of South Bend FOP Lodge# 36, sent
a letter informing the City oftheir interest to enter into negotiations. Thereafter,the South Bend Common
Council and the Board of Public Safety adopted separate Resolutions which designated their respective
agents for negotiations.
The Fraternal Order of Police South Bend Lodge No.36 Negotiating Team's membership includes
Sergeant Dan Demler, FOP President; Sergeant Harvey Mills, FOP Vice-President; Patrolman I" Class
Cori Bair; Patrolman I"Class Gerry Mullins,Sergeant Dan Moryl,Sergeant Chad Goben,Sergeant James
Wolff, and Leo T. Blackwell, Legal Counsel.
The City's Advisory Negotiating; Team's membership includes Council Member John Voorde,
Council Member Karen L. White, Council President Tim Scott, Police Chief Scott Ruszkowski,
Operations Division Chief Jeff Rynearson, Deputy City Controller Jennifer Hockehull, Director of
Financial Services for Police Ken Glowacki, HR Generalist Ian Spindler, Sr., City Administration and
Board of Public Safety Agent Stephanie Steele, and Common Council Agent Kathleen Cekanski Farrand.
This ordinance sets forth the negotiated items which fix the annual pay and salaries of the sworn
members of the South Bend Police Department as defined in Indiana Coda§36-8-1-9;salaries of the First
Class Patrolman as defined in Ineliana Code § 36-8-1-11; salaries for upper level policy making positions
in the department as defined in IndianaCode §
36-8-1-12; and other monetary fringe benefits.
Section 1. Recognition. The South Bend Common Council recognizes the negotiating team
which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for
the sworn members of the South Bend Police Department for purposes of negotiating annual pay,
monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the
Police Chief, the Division Chiefs, and the Captains, who are governed
by Indiana Code§ 36-8-1-12.
Section 1I. Sworn Member Annual Pav Classifications; Recruit Pay; Lateral Entry; and
Career Development Incentive Programs.
a)
Annual Pay Classifications for Sworn Members of the South Bend Police Department.
Annual pay for the sworn members of the South Bend Police Department, including upper level policy
making positions defined by Indiana Code § 36-8-1-12 for calendar years 2017, 2018, 2019 and 2020
shall be set as follows:
Pay Classifications 2017 2018 2019 2020
Police Chief
98,376 100,344 $102,351 $104,398
Division Chiefs 82,767 84,422 $ 86,110 $ 87,833
Captains 71,428 72,857 $ 74,314 $ 75,800
Lieutenants 62,
925 64,183 $ 65,467 $ 66,776
Supervisory Sergeants 60,579 61,790 $ 63,026 $
64,286
Non-Supervisory Sergeants60,283 61,187 $ 62,105 $ 63,037
Investigators 60,283 61,187 $ 62,105 $ 63,037
Patrolman First Class56,861 57,998 $ 59.158 $ 60,341
Patrolman Second Class51,000 52,020 S 53,060 S 54,122
Effective January 1,
2020,"Detective Sergeant"will no longer be an assigned rank within the South Bend
Police Department, which is further addressed in Section 11I. 0) and (k) of this ordinance. It is recognized
that both Supervisory Sergeants,who have assigned managerial responsibilities over sworn members,and
Non-Supervisory Sergeants, who do not have assigned managerial responsibilities over sworn members,
may apply to be considered for Lieutenant positions when such positions become open.
b) Police Recruit Annual Pay. A Recruit of the South Bend Police Department shall be classified
separately from sworn members of the Department. A Recruit shall complete the State ofIndiana training
program or its equivalent and commence duties as an officer before being sworn in as an officer of the
South Bend Police Department. Upon the effective sworn date,a Recruit shall be paid as a Patrolman 2"d
Class. The maximum annual pays of a Police Department Recruit shall be as follows:
2017 2018 2019 2020
46,229 47,153 48,096 49,058
c)
Lateral Entry Program. The Common Council authorizes the South Bend Police Department
to offer between three thousand fivehundred dollars ($3,500.00) to five thousand dollars (55,000) as a
one-time bonus to any individual found to be eligible and qualified to be a candidate on the Department,
who has the requisite law enforcement experience and certification(s) for such a lateral entry into the
South Bend Police Department. Any sworn member who received monies pursuant to this Lateral Entry
Program and who leaves employment from the
South Bend Police Departmentbefore his/her one(1) year
anniversary with the Department, shall be required to pay back to the South Bend Police Department any
and all lateral bonus monies received.
A lateral entry officer with two (2) years or more of service as a certified officer shall enter the
South Bend Police Department as a Patrolman Second Class. Upon completing Field Training Program
FTO),
such lateral officer shall be eligible for promotion to Patrolman First Class.
d) Police Officer Recruitment Bonus Program. The Police Officer Recruitment Bonus Program
which originally became effective January 1, 2015, shall continue in full, force and effect. Any sworn
member of the South Bend Police Department, who assists in the recruitment and hiring of any full-time
new sworn police officer,may be eligible upon Department verification of each ofthe stages listed below:
1. Upon an individual, who has been recruited by a South Bend Police Department sworn
member, graduating from the 15-week Indiana Law Enforcement Academy in Plainfield,
Indiana,the sumof one hundredfifty dollars($150.00)shall be earmarked for payment for
that sworn member of the South Bend Police Department who assisted in the recruitment.
2. Upon that individual then successfully completing the
FieldTraining Program (FTO), the
sum of three hundred fifty dollars ($350.00) shall be earmarked for that sworn member of
the South Bend Police Department who assisted in the recruitment.
3.
For the sworn member of the South Bend Police Department to be eligible to receive the
bonuses described above,the candidate who recruited the candidate must have successfully
completed the specified phase of the hiring process and be hired by the South Bend Police
Department as a full-time sworn member.
Any sworn member of the South Bend Police
Department desiring to participate in the Police Officer Recruitment Bonus Program shall
be required totimely complete all required forms with the Department, and upon
verification of his/her recruited candidate successfully meeting the hiring standards,
processing for payment of the recruitment bonus shall commence.
All Police Department regulations governing this program must be complied with by the sworn member
of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this
program.
a) Lateral Police Officer Recruitment Incentive Program. The South Bend Police Department
Lateral Police Officer Recruitment Incentive Program which originally became effective January 1,2015,
shall continue in full, force and effect. Any sworn member of the South Bend Police Department, who
verifiably assists in the recruitment and hiring of any new full-time lateral sworn police office is eligible
for a one-
time bonus payment of five hundred dollars ($500.00). Said bonus shall only be processed for
payment upon the
following conditions
being met:
1.
The lateral police officer candidate successfully completed a Law Enforcement
Training Board-certified 40-hour Pre-Basic Course, and is hired as a full-time sworn
member of the South Bend Police Department;
2.
Verification of the sworn member's recruitment activities and his/her timely
completion of all required forms with the South Bend Police Department;
3. The sworn member, who recruited the lateral police officer candidate, completed the
annual mandatory training program addressing domestic violence,use of force training,
fire arms training and emergency vehicle operations training; and
4.
All Police Department regulations governing this program must have been complied
with by the sworn member of the South Bend Police Department in order for him/her
to be qualified and eligible to be paid under this program.
b) Police Officer Education Incentive Program. The South Bend Police Department Education
Incentive Program which originally became effective January 1, 2015, shall continue in full, force and
effect. In order to be eligible under this program, a person must be classified as a full-time South Bend
Police Department sworn member, must have successfully completed at least one (1) year of full-time
service on the South Bend Police Department, and must have completed the annual mandatory training
program addressing domestic violence, use of force, fire anus training, emergency vehicle operations
training; and provided all of the documentation which verify the completion of the following
degrees/hours:
Required Documentation 2017 2018 2019 2020
Associate Degree or 60 credit hours 450 S450 5450 5450
Bachelors Degree(BS/BA)600 600 5600 S600
Masters Degree or higher(JD, PhD, etc.) 5850 850 5850 850
Written proof from the educational institution certifying the completion of such degree and/or hours,along
with compliance with all Police Department regulations governing this program by the sworn member of
the South Bend Police Department is required in order for him/her to be eligible to be paid under this
program.
Qualifying sworn members shall be paid at the highest degree only, with such payment being
made in December of each calendar year.
c) Former U.S. Military Recruitment and Retention Incentive Prog am5.' The South Bend
Police Department Former U.S. Military Recruitment and Retention Incentive Programs which originally
because effective January 1,2015, shall continue in full, force and effect.
The International Association ofChiefs of Police(IACP)in partnership with the U.S.Department ofJustice,Office of Justice
Programs,Bureau ofJustice Assistance(BJA),has published a guidebook for service members who are trancitioning out of the
military and are considering a law enfo rcement c areer. That publica tion entitled Combat Veterans & Law Enforcement: A
Transition Guide forVeterans Beginning or
Continuing Careers in Law Enforcement
is available at
littp://ww w.
theiacp.or-g/vets2col)
I. One-Time Military Recruitment Bonus: In order to be eligible for a one-time military
recruitment bonus, which may be offered to any individual found to be eligible and
qualified, who has prior active duty service with the Armed Services and received an
Honorable Discharge from a branch of the U.S. military and desires to join the South
Bend Police Department as a full-time sworn member after January 1, 2015, said
individual would be eligible to one (1) of the following bonus incentive payment
amounts upon graduating from the 15-week Indiana Law Enforcement Academy in
Plainfield, Indiana:
20172018 2019 2020
Two(2)years of past U.S. military active
duty service 450.00 $450.00 $450.00 $450.00
Four(4)years of past U.S.military active
duty service 600.00 $600.
00 $600.00 $600.00
Six(6)or more yrs of past U.S.military active
duty service $850.00 $850.00 $850.00 $850.00
Such one-time bonus incentive payment shall be paid at the highest year of U.S. military
active duty service experience only, upon proof of such service and tenure being
substantiated and verified utilizing the submission by the person requesting the bonus of
the
Report of Separation, DD-214 issued by the Defense Department. Any person, who
received such a bonus incentive payment and who leaves his/her employment with the
South Bend PoliceDepartment before his/her one (1) year anniversary with the
Department, shall be required to pay back to the South Bend Police Department any and
all bonus monies received under this program.
2. Police O/jicer Recrtritnrent Bonus Progiunr /br Recruiting Former U.S. Militun-
Sern,ice Member. Any sworn member of the South Bend Police Department employed
with the Department, who verifiably assists in the recruitment and hiring of any new
full-time sworn police officer who is a former U.S. military service member is eligible
for a one-
time bonus payment of
five hundred dollars ($500.00). Said bonus would
only be processed for payment upon the following conditions being met:
i.The former U.S. military service member who is a police officer candidate
successfully completed a Law Enforcement Training Board-certified 40-
hour Pre-Basic Course, and is hired as a full-time sworn member of the
South Bend Police Department;
ii. Verification ofthe sworn member's recruitment activities and his/her timely
completion of all required forms with the South Bend Police Department;
iii. The sworn member who recruited the former U.S. military service member
who is a police officer candidate completed the annual mandatory training
program addressing domestic violence, use of force training, fire arms
training andemergency vehicle operations
training; and
iv. All Police Department regulations governing this program must have been
complied with by the sworn member of the South Bend Police Department
in order for him/her to be qualified and eligible to be paid under this
program.
3. Former U.
S. Military Retention Incentive Program. The South Bend Police
Department Former U.S. Military Retention Incentive Program which originally
because effective January 1, 2015, shall continue in full, force and effect. In order to
be eligible, a sworn member of the Department must have successfully completed at
least one(1) year of full-time service on the Department and must have completed
the annually mandatory training program addressing domestic violence, fire arms
training and emergency vehicle operations training, and provide documentation as
required by this section with qualified sworn members being entitled to the following:
2017 2018 20192020
Two(2)years of past
U.S. military active
duty service 450.00 $450.00 $450.00 $450.00
Four(4)years of past U.S.military active
duty service
600.00 $600.00 $600.00 $600.00
Six(6)or more yrs of past U.S. military active
duty service $
850.00 $850.00 $850.00 $850.00
Such bonus incentive retention payments shall be paid at the highest year of U.S.
military active duty service experience only. Proof of such U.S. military service and
tenure must be substantiated and verified by utilizing the Report of Separation,DD-214
issued by the Defense Department. Qualifying sworn members shall be paid said bonus
in December of each calendar year.
4. Police Recruitment Relocation to South Bend Incentive. Any new full-time sworn
member of the South Bend Police Department who is employed after January 1, 2015, would be eligible
to apply for a Police Recruitment Relocation to South Bend Incentive, so long as his/her new personal
residential address is located within the South Bend City limits. This relocation bonus may not exceed
two thousand dollars ($2,000.00) for each qualifying full-time sworn member in calendar years 2017,
2018,2019, and 2020.
Section III. Additional Areas of Compensation.
a)
Maximum Amounts. All monetary amounts set forth in this ordinance shall be the maximum
amounts permitted in each calendar year addressed.
b) City Residency Incentives. Sworn members and officers of the South Bend Police
Department, who establish verified legal residence within any neighborhood within the City of South
Bend city limits and reside on a continuous permanent basis within the South Bend city limits,and comply
any additional department governing regulations on this topic shall be entitled to the following residency
incentive bonus:
2017: 400 maximum payable on or before December 15, 2017
2018: 400 maximum payable on or before December 15, 2018
2019: 400 maximum payable on or before December 15, 2019
2020: 400 maximum payable on or before December 15, 2020
c)
Court Time Pay: If an officer or sworn member of the South Bend Police Department is
subpoenaed to court or is ordered to appear at any given location to validate a complaint or warrant, and
if that officer or sworn member is off-duty, that officer or sworn member shall be paid overtime. Such
court time pay shall
be paid at the overtime rateofpay. Such officer or sworn member shall receive a
minimum of four(4) hours of pay for appearing on his or her scheduled day off; and a minimum of two
2) hours ofpay for appearing when off-duty on a regular scheduled workday.
d) Overtime Pay: If a sworn member is required to remain on duty in excess of the regularly
scheduled workday, he or she shall be entitled to overtime pay. Such sworn member shall be paid at the
rate of one and one-half(1 %Z)times his or her regular rate ofpay. Overtime shall be calculated by quarter-
hour increments.
e)
Critical Duty Day Pay Stipend: A critical duty day pay stipend is continued in the amount of
one
hundred fifty and 00/100 dollars ($150.00). There shall be eight (8) Critical Duty Days established
by the Board of Public Safety by proper Board Resolution. Officers and sworn members assigned to the
Family Violence/Special Victim's Unit, Country Metro Homicide or the South Bend Community School
Corporation, while so assigned, shall not be eligible for the Critical Duty Day pay stipend, while working
as a part of his or her regular duty assignments.
f) Shift Premium Pays: An officer or sworn member scheduled to work and permanently
assigned to any of the following types of detail shall be entitled to the following shift premium pays for
such work:
Type of
Detail 20172018 2019 2020
Second Detail [Afternoons] 2,5002,500 S2.500 2,500
Third Detail [Midnights]3,5003,500 S3.5003,500
Strategic Focus UnitS 1,200 S 1,200 S1.200 1,200
Investigative Division [evenings] S1,200 S l,200 S1.200 S 1,200
g)
Seniority-Shift Incentive Premium Pays: Any sworn Patrol Division or Investigative Bureau
officer permanently assigned to the afternoon,evening,or midnight shifts shall be entitled to the following
additional Seniority-Shift Incentive Premium pays for such work:
Type of
Detail 2017 2018 2019 2020
Second Detail [Afternoon]8 years or mor e o f servi ce $
1,100
S1,100 S1,1001,100
ThirdDetail [Midnights] 8 years or m ore of servic e 1,400 1,400S 1,4001,400
h) Special Duty Pays: An officer or sworn member who is qualified and scheduled to work in
special hazardous duty and/or highly specialized areas ofservice,shall be entitled to receive Special Duty
Pay for such assigned and
designated specialties:
Type of Special Duty 2017 2018 20192020
Strategic Focus Unit 900 900S 900 900
K-9 Unit1,150 1,150 1,150 1,150
SWAT1,150 1,150 1,150 1,150
Bomb Technician1,150 1,150 1,150 1,150
Hostage Negotiator800 800 5 800800
UnifonnCrime Scene Technician $1,000 1,000 S1,0001,000
Patrol Shift Supervisory Sergeant Pro-Pay
450450 S 450 450
Rapid Response(RRT) 450450 S 450 S 450
Diagramer 450 450450 450
Certified MethTechnician S 600 600600 600
i) Limited English Proficiency(LEP) Specialty Pay and Sign Language Proficiency Incentive
Pay: A Limited English Proficiency(LEP) Pay Program and a Sign Language Proficiency Incentive Pay
Program, overseen by the City's Human Resources Director or his/her designee, who shall monitor the
Department's requirements.
All qualifying sworn members who meet the requirements and who are
regularly assigned to perform such duties shall be paid the following specialty pay in a lump sum in the
last payroll in December of each year of such assignment:
2017 2018 2019 2020
Limited English Proficiency(LEP) 400400 400 400
Sign Language Proficiency 400400 400 400
with such incentive program payments being limited to the total yearly amount budgeted for the same.
0) Detective Classification Pay: A qualifying sworn member within the pay classification of
Sergeant who had previously been assigned and passed testing to be an Investigator 31 class on a
continuing basis and who began receiving pay under a previous salary ordinance for such work as an
Investigator in the
Investigative Division is considered grandfathered.
Such qualifying Sergeant shall
continue to receive an additional annual pay in the amount of six hundred sixty three and 00/100 dollars
663.00)only in calendar years 2017,2018,and 2019. Said pay shall be paid on a divisible amount which
is paid on a bi-weekly basis. Said pay shall be prorated in any year a qualifying Sergeant retires, resigns
or otherwise leaves employment.
k) Investigator Pro-Pay: A qualified Patrolman First Class,who is assigned to be an Investigator
on a continuing basis,shall be paid at a rate equivalent ofthe pay ofa Non-Supervisory Sergeant set forth
in Section II. (a)of this ordinance.
1) Field Training Officer(FTO) Pay: A qualified Field Training Officer(FTO) shall be entitled
to fifty and 00/100 dollars (550.00) per day for each day which such person is qualified, assigned and
performs field training activities with new recruits.
m)
Division Chief Stipend: The Chief of
Police may assign one(
1) Division Chief to be "acting
Chief' when
he/she is unavailable.
Said Division Chief shall receive a stipend of one thousand dollars
1,000.00)per year.
n)
Annual Cash Allowance: Officers and sworn members shall receive the following annual cash
allowance amounts. One-fourth (1/4)of the annual sums listed shall be paid each calendar quarter:
2017 2018 2019 2020
1,400 1.4001,400 1,400
o)
Longevity Pays: Qualifying officers and sworn members holding the rank of Patrolman First
Class and above, shall receive addition compensation in recognition of cumulative service on the South
Bend Police Department. Such longevity pays shall be paid in the following amounts in each year:
Cumulative Yeats of Commencement
Service on SBPDDate
2017 2018 20192020
4-9 years
Beginning 5"' yr $1,200 1,200 1,200 1,200
10-14 years
Beginning 11"' yr $
2,000 2,000 2,0002,000
15-19 years
Beginning 16°i
yr $2,500 2,500 2,500 2,500
20-24 years
Beginning 21" y r $
3,250 3,250 3,2503,250
25 years and over
Beginning 26`x'
yr $
4,200 4,200 4,2004,200
p)
Tuition Reimbursement: Qualifying officers and sworn members of the South Bend Police
Department who participate in the Tuition Reimbursement Program shall be entitled to the following
maximum dollar amount(s)for approved course tuition:
Course Grade Maximum Amount Reimbursed by the City of South Bend
A100%oftuition costs only up to a maximum of$1,500
B75%oftuition costs only up to a maximum of S 1,000
C 50%of tuition costs only up to a maximum of S 500
Officers and sworn members who wish to participate in this program must give notice to the Services
Division Chiefprior to registering for a course which has tuition fees,so that funds may be earmarked for
potential tuition reimbursement on a "first come, first serve" basis up to the maximum amount budgeted
for such purposes for each calendar year by the Common Council. Tuition reimbursement shall be limited
to a maximum reimbursement amount of $2,500 per calendar year to any officer or sworn member
participating in the program.
All governing regulations must be complied with by any officer or sworn
member who participates in the program as a condition of being paid any tuition reimbursement.
q) Voluntary Physical Fitness Program: The Common Council continues the
authorization previously set forth in Ordinance No. 10042-10, Ordinance No. 10192-12, and Ordinance
No. 10332-14 to implement a voluntary physical fitness program during 2017, 2018, 2019 and/or 2020,
which may have the potential of any officer and/or sworn member of the South Bend Police Department
who qualifies under
the governing policies and procedures implementedby the
Department to earn up to
a maximum of one(1) personal day per calendar year. Such personal day may not be used, if such usage
results in overtime costs to the City.
r)
On-Call Duty Pays: Each ofthe following On-Call Duty Pay categories shall be allotted six
hundred fifty 00/100 dollars ($650.00) per category per year for calendar years 2017, 2018, 2019, and
2020, and shall be divided among the assigned police officers in each of these categories. Such division
of pay shall be determined according to the frequency of assigned on-call days in the respective category
and shall be paid on a quarterly basis. The On-Call Duty Pay categories are as follows:
All officers assigned to the Investigative Bureau
Traffic On-Call Diagramer
Traffic On-Call Duty Officer
s)
Life Insurance: The City ofSouth Bend shall continue to provide life insurance coverage on
all sworn members and officers of the South Bend Police Department in an amount equal to the amount
of the sworn member's and officer's base pay.
t) Health Insurance: Each active sworn member and upper level policy makers who are also
referred to as officers ofthe South Bend Police Department who has met the eligibility requirements shall
have the opportunity to participate in theCity'scomprehensive major medical
insurance program.
The
contribution ofsuch individuals shall be no greater than the contribution ofother City employees receiving
the same benefits, and the level of benefits shall be no less than the level for other City employees. The
bi-weekly contributions for health insurance coverage for active sworn members and upper level policy
makers of the South Bend Police Department for calendar year 2017 shall be as set forth on the attached
Exhibit A, which is incorporated herein by reference.
The contribution for police pensioners who are members of the Fraternal Order of Police, Lodge No. 36
who retire after January 1, 1997, and who desire coverage from the City's self-funded insurance program
for calendar year 2017 shall be as set forth in attached Exhibit A.
Benefits for qualifying police pensioners shall not begin until such pensioner or dependent spouse ofsuch
pensioner is fifty-two (52) years of age and shall cease when such pensioner or the dependent spouse of
such pensioner reaches sixty-five (65) years of age, as further addressed in the 2017-2020 Working
Agreement, as to be approved by the Board of Public Safety.
Section IN% Severability.
If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any
reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of
the remaining portions of
this ordinance.
Section V'. Effective Date.
This ordinance shall be in full force and effect from and after its passage by the Common Council
and approval by the Mayor.
Councl Member John Voorde
Memo I-
the C0l]11170 OUI it .
Coun it Member Karen I.. White
Me r of the Common Council
Counci
Member of the Common Council
Office oftheytity Clerk
Amm4clby me
to Pete Buttigieg, Mayor of the
City of
South Bend, Indiana, on the
2.5t't day of etJzbjzA2016. at 10o'clock a<m
Offic of the City CIA
by me to Pete Buttigieg, Mayor of the City of South Bend, Indiana,on
thr
Z6 - day of
OC404 V
2016, at S o'clock P. m
S Office
Pete B UR'gi
ayor of the Cit of out 7 B* I
1st READING 01 NLU IILV MIT
PUBLIC HEARING 10121-11It U
3rd READING 10/21+
1110 KAREGMAH FnWLER
NOT APPROVED
L CRY CLERK,SOUTH REND,IN
REFERRED 81210/1 LP
SASSED 10/2--111 IS
HRA Funds—Single N/A 500
HRAFunds—Family NIA 1,000
Coinsurance(Plan Pays) 80% 80%
Out o f
Pocket Maximum—Single(including deductible) 4,000 5,000
Out o f
Pocket Maximum—Family(including deductible) 8,000 10,000 Family
Office Visit forPrimary Care Provider 30 Deductible&Coinsurance Apply
OfficeVisit for Non-Primary Care Provider 60 Deductible&Coinsurance Apply
PreventiveCare 100%100%
Emergency Room $200Copayment+20%Deductible&Coinsurance Apply
UrgentCare Center 75 Copayment Deductible&Coinsurance Apply
Outpatient Facility Services Deductible+20% Deductible&Coinsurance Apply
RX-Retail 20%,30%,40% Deductible&Coinsurance Apply
Em loyee Cost (Bi-Monthly)
2016 2017
Employee&
Employee Spouse
PPO Employee Cost EmployeeCost with
Wellness
Employee Cost with
Wellness CostWellness Rate
Employee Only S 70.93 S 30.20 S 73.77 S 31.77 NA
EE& Spouse
Onl y S 187.30S 97.97S 194.79S 152.79S 110.79
Employee&
Child(ren)OnlyS 102.30 S 60.43 106.39S 64.39 NA
Employee&
FamilyS 194.81S 108.18 202.60S 160.60S 118.60
Employee&
Spouse
Surcharge S 217.30 S 127.97 229.79S 187.79 S 145.79
Employee&
Family
Surcharge S 224.81S 138.18 237.60 S 195.60 S 153.60
2016 2017
EmployeeEmployee Employee&
HD AA Employee Cost with
Employee Cost with
Spouse
i Cost Wellness CostWellness Wellness Rate
EmployeeOnly 52.41 S 40.02 $ 54.51 $ 22.51 NA
EE& SouseOnly $ 126.
00 $ 61.20 $ 131.04 $ 99.04 $ 67.04
Employee&
Child(ren)
Only 73.60 $ 41.00 $76.5444.54 NA
Employee&
Family 132.97S 68.
17 $ 138.29 $ 106.29S 74.29
Employee&
Spouse Surcharge $ 156.00 $ 91.20 $ 166.04 $ 134.04 $ 102.04
Employee&
Family Surcharge $ 162.97 $ 98.17 S 173.29 $ 141.29 $ 109.29
Retiree Cost Share Per Month-Active Union Member
2016-PPO 2017-PPO2016-HRA 2017-HRA
Employee S200.005210.00 S 125.()0S 132.00
Employee& Spouse 5600.00 S630.005375.00S394.00
Employee& Children S435.00 $457.005280.00
5294.00
Employee& Family 5835.00 $877.005530.00S557.00
Retiree Cost Share Per Month-Non :'Lctive Union Member
2016-PPO 2017-PPO 21116-11RA2016- HRA
Employee 250.00 S260.00S175.00 $182.00
Employee& Spouse 5650.00 S680.00 5425.00 S444.00
Employee&Children 5485.005507.00 S325.00S-144.
Employee& Family 885.00 S927.00
I 5580.00 S607.00
45pUTIle
O
U d`
wg "
s"cs a!
s
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 18, 2017
LFiledin Office
Mr. Tim Scott
017President, South Bend Common Council
4th Floor, County-CityBuilding WLER
South Bend, IN 46601 BEND, IN
Re: 2018 South Bend Firefighters' Salary Ordinance
Dear President Scott:
The 2018 South Bend Firefighters' Association Local No. 362 is currently under negotiations with
the City Administration regarding the 2018 Collective Bargaining Agreement. Please note we are
requesting to file this ordinance in name only and will present to the Council the final version of
the ordinance once negotiations are complete.
I will present this bill to the Common Council at the appropriate committee and council meetings.
It is requested that this bill be filed for 1 st reading on September 25,2017,with 2nd reading,public
hearing and 3rd reading scheduled for October 9, 2017. If you have any further questions or need
additional information,please let me know.
Thank you for your consideration.
Sincerely,
Jennifer C. Hockenhull
City Controller
O %
Ordinance No.
Substitute Bill No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE
BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE
DEPARTMENT FOR CALENDAR YEARS 2018, 2019,2020 AND 2021
CONTRACT CURRENTLY UNDER NEGOTIATION—FINAL VERSION WILL BE
PRESENTED UPON FINAL AGREEMENT.
Filed in Clerk's Office
SEP2 0 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH READ,IN
4SOUi
g
d
P EAC E
x x
1865
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
September 20, 2017
Mr. Tim Scott, President Filed in Clerk's Office
South Bend Common Council
4t h FloorCounty-
City BuildingSEP 2 0 2017
South Bend, IN 46601
KAREE:MAH FOWLER
RE: Administration of Downspout Disconnect Mandate CITY CLERK,SOUTH BEND,IN
Dear President Scott:
The City's Departments of Community Investment and Public Works are seeking to modify clarify
Section 17-4 of South Bend's Municipal Code, which mandates the disconnection of downspouts, sump
pumps and parking lots from the City's sanitary and combined sewer system.
We are seeking to extend the deadline for residential properties to disconnect to December 31 st, 2020,
aligning it with the deadline for commercial properties. We are also seeking to clarify and simplify the
exemption process for commercial buildings where disconnection would be infeasible or would impose
costs much higher than the benefits.
The proposed revisions create an"In-Lieu of Disconnect Fee Program"that covers the estimated
benefits to the combined sewer system that would be realized if disconnection occurred. This program
offers an alternative to commercial buildings that cannot disconnect or face cost prohibitive measures to
disconnect. It would charge a fee per square foot of impervious surface ofthe property that is connected
to the sanitary or combined sewer. The per-square-foot fee is based on the cost to the City to implement
the long-term control plan (LTCP) and annual South Bend rainfall. Any funds raised would be
specifically directed toward reducing the financial burden of the LTCP on South Bend residents. The
program also includes a discounted rate for small businesses, non-profits, and governmental entities.
Thank you for your consideration. 1, along with representatives from the Department of Public Works
will attend the Committee and Council meetings to address any questions.
Sine ely,
J es Mueller
Executive Director
Department of Community Investment
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
1400SCounty-City Building 1 227 W.Jefferson Bvld.
I South Bend,Indiana466011 p 574.235.93711 vwvw.southbendin.g ov
Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17,
ARTICLE 1, SECTION 17-4 TO ADDRESS PROCEDURES FOR DOWNSPOUT
DISCONNECTIONS
STATEMENT OF PURPOSE AND INTENT
The South Bend Municipal Code at Chapter 17, Article 1, Section 17-4 requires that all
gutters, downs spouts and roof drains be disconnected from the City's sanitary or combined sewer
system. Since the time this Code Section was last amended in 2013, it has generated confusion
and misinterpretation especially as applied to disconnection for commercial buildings.
This ordinance clarifies the process of disconnection by introducing an alternative program
for businesses that cannot disconnect for various reasons. This exception is designated as the"In-
Lieu of Disconnect Program Fee."
Such businesses may choose to pay a fee and remain
disconnected. That fee is to be used to reduce the financial burden on residents of the City's
combined sewer overflow(CSO) Long Term Control Plan (LTCP).
It is in the best interest of the City that this ordinance be adopted.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 17,Article 1, Section 17-4 of the South Bend Municipal Code shall
be amended to read in its entirety as follows:
Sec. 17-4 -Drains and downspouts disconnection requirements; limited exceptions.
a)
No newly constructed gutter, downspout, roof drain, foundation drain or off-street parking
area drain shall be connected with or permitted to drain into the sanitary or combined sewer
system ofthe City. Whenever it becomes necessary to rebuild,repair or replace any such drain it
shall be rebuilt, repaired or replaced in such a manner that it will no longer be connected with or
Page 1
flow into the sanitary or combined sewer system of the City. Alternatively, at the time of
renovation the building owner may apply to join the In-lieu of Disconnect Fee Program which is
solely available to those property listed in Section 17-4.1.
b)
Storm water and all other unpolluted drainage including cooling water shall be discharged
to retention or detention basins,to naturally occurring or constructed wetlands,to rain barrels,
cisterns, to a natural outlet, or utilize other best management practices (BMP) methods approved
by the Department ofPublic Works and authorized by the Indiana Department ofEnvironmental
Management(IDEM) or in the case of residential properties to "on-lot treatment" practices
recommended
by the Environmental ProtectionAgency(EPA).' 1 The Department of Public
Works is authorized to institute additional compliance regulations and standards so long as they
are discussed with'the Council's Utilities Committee prior to taking effect and conspicuously
posted on the City of South Bend's official municipal website.
c) Due to the extraordinary estimated costs to implement the Long Term Control Plan(LTCP)
mandated by the Environmental Protection Agency(EPA) and the Indiana Department of
Environmental Management (IDEM),
all buildings,residences, sump pumps, and parking lots
which
currently direct their storm
te storm water into the sanitary or combined sewers shall
have
r
5) from the date of the passage vi this di
e to disconnect by thef
followin,g dates:
Residential properties: December 31st. 2020;
Commercial properties: December 31St 2020:
with the following limited exceptions and requirements:
1) All Properties building rooftops located in Commercial/Mixed Use Districts defined in
Section 21-03 of Article 3 of Chapter 21 of the South Bend Municipal Code which
include: OB Office Buffer District, MU Mixed Use District, O Office District, LB
Local Business District, CB Community Business District, CBD Central Business
District, and GB General Business District, shall as well as all PUD Planned Unit
Development Districts and all industrial properties shall disconnect all buildings, sump
pumps and parking lots which currently direct their storm water into the sanitary or
combined sewers If disconnecting iss not practical or possible or if the cost incurred
would make disconnecting financially impractical or financially impossible the building
owner may, at their choosing enter the In-Lieu of Disconnect Fee Program instead of
disconnecting. entering this program the building owner agrees to pay to the City a
one-time fee of$0.61 per square foot of connected impervious surface.
1 IDEM sets forth "Technical Resources for Best Management Practices(BMP)"which promote the most
environmentally-friendly methodologies. See:www.in.gov.IDEM.The EPA has set forth as part of their"Best
Management Practices"On-Lot Treatment methods which are available at
http;://water.epa.gov/polwaste/npdes/swbmp/On-Lot-Treatment.cfm.
Page 2
All funds received by the City for the In-Lieu of Disconnect Fee Program shall be specifically
designated to reduce the financial burden on residents of the combined sewer overflow LICE
By December 31512020 all commercial and industrial buildings shall have either disconnected or
shall have entered the In-Lieu of Disconnect Fee Program. The Department of Public Works
shall by December 31ti12017 make available on the City's website a guidance document that
will assist commercial building owners in obtaining further information on how to join the
Program The guidance document shall also outline how commercial building owners may pay
the In-Lieu of Disconnect Fee in installments.
2) An organization established for charitable purposes including but not limited to
organizations described in Section 501(c)(3) ofthe Internal Revenue Code of 1986 as amended,
and governmental organizations over which the City has authority, which cannot disconnect
may. depending,on number offulltime equivalent employees receive the following discounts:
a) Such organizations with twenty or fewer fulltime equivalent employees shall not be charged to
enter the In-lieu of Disconnect Fee Program.
b) Such organizations with more than twenty but fewer than 100 fulltime equivalent employees
shall receive a 50%reduction of the fee to enter the In-lieu of Disconnect Fee Program.
3) For-profit businesses with twentv or fewer fulltime equivalent employees which cannot
disconnect may. depending on
disEounts• wit twenty erfeweFfu lltime equ*val@Rten+olGye-es shall receive a 50%reduction of the fee
to enter the In-lieu of Disconnect Fee Program.
Any commercial building owner that was previously issued a downspout disconnection
special exemption by the Board ofPublic Works shall remain exempt and shall not be subject to
the In-Lieu of Disconnect Fee.
5) Commercial buildings with sewer discharge meters shall be exempted from the
requirement to join the In-Lieu of Disconnect Fee Program.
Have a limited exemption whieh shall be stfl eet to the evmer-(s) of eaeh sueh building filing
with the City's Depaftmen4 of Publie Works (DPW) within the first 4ffee (3) year-s of said five
5) year period, a
feasibility study and a eos"
enefit analysis to eonfinn that eemplianee may
east pr-ohibitive due to the building having an intemal drainage system, due to i .
sur-faees, or-other-doeumented reasons whieh shall be reviewed by DPW. DPW shall review sa-,--
doettmefAation and meet with the oymer-to determine if there are any other-altematives sueh as
fooftep gar-dens anEVer-green r-oofs fof theif building rooftops, W-hieh shOUld be Elesigfied tO lOwef
the+ f the b •la fike poll do and r-eduee the amount
of off
fe TheFun
r v
building wA%er-may appeal the deeision of DPW to the Board ofPublie Works within ten (10)
days of the r PIAIdeeision. DPW shall ,Y. nlai., a eempr-ehensive
listing Of all sHeh pfopefties by
Page 3
9)
All roofs and sump pumps ofall one and two family detached houses, addressed in
Chapter 21, Article 2, Section 21-02 of the South Bend Municipal Code as a single family
dwelling or a two family dwelling shall be disconnected on or before December 31, 204-820.
Owners of such single family dwellings or two family dwellings may participate on a one-time
basis, at no charge to such owner(s) in calendar year _
2017 0n i Vi()1_4, in the City of
South Bend's "Downspout Disconnect Program". This program is part of the Neighborhood
Improvement program administered by the Division ofEngineering in the Department of Public
Works.2 2 []
Anyone who has not complied with required disconnections by December 31,24P
U I ,omay participate in the Downspout Disconnect Program in the 2018 --{ 1`) 1 t l
u 'I C
calendar year ,
however he/she shall be charged for such services at the rates established by the
Board of Public Works. Any owner of a one or two family detached house addressed in this
paragraph who believes that he/she cannot comply with the disconnection requirements must file
stirfaees or-athef deetimented r-easens which shall be reviewed
by DP341. The building evme
may appea4 the deeision of DPW to the
Board blie Works within ten (10) days of-the DPW
deei&ien7 DPW shall maintain y
L a
listing of all sue rYo«effies by address and
Couneil's Utilities Gemmit4ee no later-than Oe
of each yeah apply to the Downspout Disconnect Program so that an authorized agent of the
City may visit his/her property. The City's agent will assess the feasibility of disconnecting. If
disconnecting is feasible the City's agent will schedule the disconnection at that time, however if
the inspection confirms that disconnecting cannot occur the City's agent will issue an exemption
based on his/her on-site investigation.
SECTION IV. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval ofthe Mayor and any publication required by law.
Member, South Bend Common Council
Attest:
Filed in Clerk's Office
I
SEP 20 2017
City Clerk
KAREEP/A E FOWLER
CITY CLERK,SOUTH SEi , IN
2 Information on the Downspout Disconnect Program and the hold harmless indemnification agreement are
1 st
R EA D I N Ga v a ila ble at
http•//www ci southbend in us/government/content/neighborhood-improvement programs
PUBLIC HEARING
3 rd
READING Page 4
NOT APPROVE
REFERRED
PASSED
x
ro
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BENDM INDIANA,
APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
211 W. MONROE STREET
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 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:
211 W. Monroe Street, South Bend, Indiana
In order to permit
special use to allow a temporary group residence in a CBD district for the period December 1,
2017 through April 1, 2018.
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
moralstandards, convenience or general welfare;
2.
The proposed use will not injure or adversely affect the use of the adjacent area 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.
SAECTION 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
SEP 12 2017
KAREEMAH FOWLER
APPKM CITY CLERK,SOUTH BEND, IN
A[70P7Bf"i.
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.
Page 117
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.
Page 217
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
Page 317
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
Page 417
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.
Page 517
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.
Page 617
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
Filed in Clerk's Office
Re-Alignment. Consolidation of Services tN Q 2017
Board of
Zoning Appeals and
Zoning Administrator KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
Goal
The goal of the re-alignment effort is to consolidate all aspects of zoning administrative
functions under one department. Consolidation will occur under the Area Plan Commission. The
Directors of the Area Plan Commission and the Building Department are in full support of the
consolidation.
Administrative Functions
The consolidation of all land use and zoning-related administrative functions will eliminate
duplication of services that are currently split between two departments at two different
locations. All aspects of zoning-related activities would be within one organization, enhancing
planning-related functions to the public and development community.
Current Consolidated
APCBldg. Dept. APC Bldg. Dept.
ABZA Administrator X X
ABZA Review X X X
ABZA Staff Reports X X
Rezonings X X
Subdivisions X X
Zoning Administrator X X
Zoning Confirmation X X
Zoning Interpretations X X
Zoning Violations X X
Land Use Planning
Land use planning (comprehensive and neighborhood plans, annexations, land use policy, etc.)
will remain with the member jurisdictions of the Area Plan Commission. The APC and its staff
will continue to provide support to those activities, as needed.
Public Burden
The public will benefit by obtaining all administrative zoning issues from a single department,
and by having that department administer the application review process, such as legal ads and
property notifications. New fees will be proposed for some of the zoning tasks, and that detail
is provided on the accompanying spreadsheet (
Re-Alignment Changes, Version 2).
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