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HomeMy WebLinkAbout07-12-10 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, JULY 12, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES A. REBECCA BONHAM- STUDEBAKER NATIONAL MUSEUM, INC. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 24 -10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 850 FELLOWS STREET, SOUTH SEND, INDIANA 46601 - 3121, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 34 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $75,000 FROM THE LOSS RECOVERY FUND (#227) TO PAY FOR AN ENGINEERING STUDY FOR THE SOUTH BEND WASTE WATER UTILITY 35 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TECHNICALLY AMENDING THE 2010 CALENDAR YEAR NON - BARGAINING EMPLOYEES SALARY ORDINANCE #9959 -09 TO REINSTATE ORIGINAL ATTACHMENT 36-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $300,000 OUT OF SEWAGE WORKS CAPITAL FUND ( #642) TO PAY COSTS ASSOCIATED WITH UPGRADE OF A RAW SEWAGE PUMP REQUIRED TO MEET PERMIT REQUIREMENTS AT THE WASTEWATER TREATMENT PLANT 3010 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER .2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS 8. BILLS, THIRD READING TIME: BILL NO. 23-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 5, LOUISE BERKHEISER, 60601 SOUTH MAIN STREET, SOUTH BEND, INDIANA, 46614 24 -10 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 850 FELLOWS STREET, SOUTH BEND, INDIANA 46601- 3121, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 34 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $75,000 FROM THE LOSS RECOVERY FUND ( #227) TO PAY FOR 'AN ENGINEERING STUDY FOR THE SOUTH BEND WASTE WATER UTILITY 35 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TECHNICALLY AMENDING THE 2010 CALENDAR YEAR NON - BARGAINING EMPLOYEES SALARY ORDINANCE #9959 -09 TO REINSTATE ORIGINAL ATTACHMENT 36 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $300,000 OUT OF SEWAGE WORKS CAPITAL FUND ( #642) TO PAY COSTS ASSOCIATED WITH UPGRADE OF A RAW SEWAGE PUMP REQUIRED TO MEET PERMIT REQUIREMENTS AT THE WASTEWATER TREATMENT PLANT 30 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS 9. RESOLUTIONS BILL Nn_ 10`31 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 850 FELLOWS ST. SOUTH BEND INDIANA 10 -33 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NO. 14 & 15 ON VORDEN PARKWAY ADJACENT TO 3751 OLIVE ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS, LLC 10 -28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR MCCORMICK AND COMPANY, INC 10--29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MCCORMICK & COMPANY, INC. 10. BILLS, FIRST READING BILL NO. 37-10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY AND THE FIRST NORTH -SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 11. UNFINISHED BUSINESS A. BILL 10 -34 SPECIAL EXCEPTION TO BE SET FOR PUBLIC HEARING ON 7- 26 -10. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS AuAiary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www.stjosepheountyindiana.com/areaptan p Fax 574 235 -9813 June 16, 2010 The Honorable Council of the City of South Bend e 4th Floor, County -City Building J UL ' South Bend, IN 46601 RE: A proposed ordinance of H. G. Christman Construction Co., Inc. to zone from LI Light Industrial District to GI General Industrial District, property located at 850 Fellows Street, City of South Bend - APC# 2554 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of H. G. Christman Construction Co., Inc. was legally advertised on Thursday, June 3, 20I0 and that the Area Plan Commission at its public hearing on Tuesday, June 15, 2010 took the following action: Upon a motion by Gary GiIot, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of H. G. Christman Construction Co., Inc. to zone from LI Light Industrial District to GI General Industrial District, property located at 850 Fellows Street, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow an adaptive reuse of a prior industrial property and will assist in establishing a productive use for an underdeveloped property. Although the proposed use is more intense than those allowed in the current LI Light Industrial District, a wrecker and towing business will not be out of character with the existing adjacent uses. The prior use of the site included a large amount of outdoor storage similar to amount of outdoor storage being proposed. The nearest residential uses are located north of Bronson Street and are buffered from the site by less intense light industrial uses. 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, 4 Q10-An W. Byorn i JWB:jsc Attachment CC: H. G. Christman Construction Co., Inc. LTODD, LLC David L. Mirkin, Attorney at Law Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Reg APC # 2554 -10 Owner: H. G. Christman Construction Co., Inc. Location: 850 Fellows Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to GI General Industrial District to allow a wrecker service. Land Uses and Zoning: On site: On site is an existing two -story warehouse structure and one Outbuilding. North: To the north is a heat treating and brazing processing company zoned LI Light Industrial District. East: To the east is a vacant lot and a tile contractor zoned LI Light Industrial District. South: To the south is the Penn Central rail line. West: To the west is an excavating and demolition contractor zoned LI Light Industrial District. District uses and development standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or Iow intensity commercial / mixed use districts by less intense industrial districts. Site plan description: The total area is approximately 2.3 acres. The existing buildings cover approximately 17,030 square feet or 17% of the site. Eight parking spaces are provided and together with the other paved parking areas cover 2,000 square foot or 2% of the site. The remaining 81% of the site is open space consisting of vegetated landscaped areas, outdoor storage areas, and a proposed storm water retention basin. Variances were granted by the Board of Zoning Appeals for reduced front and side yard setbacks for the existing buildings and from all required landscaping. Slats will be added to the existing chain link fence. Zoning and land use history & trends: According to our agencies historical zoning maps, the property was zoned D Light Industrial Prior to the 2004 update of the City Zoning Ordinance. The 1966 aerial shows this site and the Property to the west as being industrial or vacant while the properties to the north and east were largely residential. However, between 1971 and 1986, all the adjacent properties were converted to industrial uses as a part of the Monroe Park Industrial Park development. The existing structures have been located upon this site since approximately 1945. Traffic and transportation considerations: Both Fellows Street and Rush Street are two lanes. Utilities: The site will continue to be served with municipal sewer and water. H. G. Christman Construction Co., Inc. #2554 -10 Page 1 of 3 Additional information: (Agency comments) The Department of Community & Economic Development referred this site to the petitioner as a possible location for relocating Bestway Towing from its current site at 1530 South Walnut Street. This recommendation was made after the petitioner sought to relocate to 1313 Prairie Street, which is located immediately to the west of the Ignition Park development site. Therefore, the Department of Community & Economic Development recommends in favor of the rezoning subject to the provision of adequate screening. Type B landscaping is recommended, at a minimum, along both Rush Street and bellows Street. The County Surveyor, County / City Building Department, and City Engineering Department have no comments. 5 Criteria (per IC 36-7- 4643): 1. Comprehensive Plan: Policy Plan: City Plan. City of South Bend Indiana lAloyember 2046): Objective ED 12 Encourage reuse of abandoned and underutilized land and structures. Objective ED 2.1: Provide incentives to attract and retain businesses. Land Use Plan: The Future Land Use Map shows this area as Light Industrial. Plan Implementation /Other Plans: South Bend Central Develo meat Area - Development Plan LJuIX 2008 ILC. Development Plan Goals 3. To increase the level of private investment and reinvestment in the area. 5. To increase jobs within the area by retaining and attracting both customer service, business service, and light industrial uses. 1I.D. Development Plan Objectives 3.h. To develop and maintain a high quality industrial park. 1II.A. Land Use — Monroe Park 3.b. Area J: This area is designated for industrial use. 2. Current conditions and character: The site is currently unoccupied. However, the current owner, H.G. Christman, Inc., previously operated a general contracting and construction management business on the site. When occupied, the site included a large amount of outdoor storage for various types of construction materials, equipment and trailers. Properties immediately adjacent to the site include an excavating and demolition contractor with outdoor storage and light industrial uses where a majority of the fabrication, processing and general operations occur within the buildings. The nearest residential uses are located over 650 feet to the north across Bronson Street. 3. Most desirable use: The most desirable use for the site is industrial since it lies within the Monroe Industrial Park, an area consisting of primarily light industrial and manufacturing uses. Even though the intended use and proposed GI General Industrial District zoning classification allows for more intensive uses, the proposed wrecker and towing service is not out of character with the area and adjacent uses. 4. Conservation of property values: Surrounding property values should not be negatively affected since the proposed use is compatible with the adjacent industrial and manufacturing uses. H. G. Christman Construction Co., Inc. #2554 -10 Page 2 of 3 5. Responsible development and growth: The proposed use is responsible growth and development since the site lies within an established industrial park. No residential uses are located immediately adjacent to the site. The site will be buffered from the residential areas to the north across Bronson Street by other less intense industrial uses. Recommendation: Based upon information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow an adaptive reuse of a prior industrial property and will assist in establishing a productive use for an underdeveloped property. Although the proposed use is more intense than those allowed in the current LI Light Industrial District, a wrecker and towing business will not be out of character with the existing adjacent uses. The prior use of the site included a large amount of outdoor storage similar to amount of outdoor storage being proposed. The nearest residential uses are located north of Bronson Street and are buffered from the site by less intense light industrial uses. H. G. Christman Construction Co., Inc. #2554 -10 Page 3 of 3 Q a BEND Ohio lZoning Key a a U6 same ro m 2 Rezoning from. "LI" LIGHT INDUSTRIAL DISTRICT to "Gl" GENERAL INDUSTRIAL DISTRICT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT . SOUTH BEND "LB" LOCAL BUSINESS DISTRICT SOUTH BEND "GB" GENERALBUSINESS DISTRICT SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT N ;' E 1 inch =200 feet A Ala ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 850 FELLOWS STREET, SOUTH BEND, INDIANA 46601 - 3121, COUNCILMA.NIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, the property located at 850 Fellows Street, South Bend, Indiana 46601 -3121, is currently zoned LI Light Industrial District; and WHEREAS, H. G. CHRISTMAN CONSTRUCTION CO., INC. wishes to rezone the property located at 850 Fellows Street, South Bend, Indiana 46601 -3121, to GI General Industrial District; and WHEREAS, rezoning the property located at 850 Fellows Street, South Bend, Indiana 46601 -3121, is necessary in order that the property may be used and/or owned by LTODD, LLC and/or Rylynn, LLC, d /b /a Bestway Towing, for a wrecker service; 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: Lot Lettered `V' as shown on the plat of Monroe- Sample Replat recorded January 31, 1990 in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 9002533 be and the same is hereby established as GI General Industrial District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the . day of 2010, at o'clock ,m. Approved and signed by me on the .m. S C E:FA D't'�iV J p,,jf,LjC HFAVgG , d READING AOT APPROVED REFERRED - PASSED City CIerk day of , 2010, at o'clock Mayor of the City of South Bend, Indiana Ro,J In Clerk's Office E liAY252 JOHN VOORDE CITY CLERK, SO. BEND, IN. Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. I ) The property sought to be rezoned is located at: 850 Fellows Street,. South Bend, Indiana 46601 -3121 2) Name and address of property owner(s) of the petition site: H. G. Christman Construction Co., Inc. 850Fellows Street, South Bend, Indiana 46601-3 1 2 1 Telephone: (574) 287 -2827 S') Name and address of contingent purchaser(s), if applicable: LTODD, LLC 1530 S. Walnut Street, South Bend, Indiana 46619 (574) 289 -8984 4) It is desired and requested that this property be rezoned from Light Industrial District to General Industrial District 5) This rezoning is requested to allow the following use(s): Wrecker service operated by Rylynn, LLC, d /b /a Bestway Towing, 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8' /z" x I I "format. PETITION PREPARED BY. David L. Mirkin Attorney at Law 112 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Telephone: (574) 232 -3393 dmirkin @mirkinlaw.com CONTACT PERSON: (if different) Same Fifed In TeIt'c t,.°.`f£ca MAY _ a L' i cis' w ;'�. Area Pion COMMiSsi ®n of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. 8yorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com/areaplan Fax 574 235 -9813 May 25, 2010 City of South Bend Common Council 227 West Jefferson, Suite 400 South Bend, IN 46601 Re: Bill #24 -10 Amendment of the Zoning Ordinance 220 S. Taylor Street Honorable Members of the Council: A substitute ordinance regarding Bill #24 -10 was submitted to the Office of the Clerk on May 25, 2010. The substitute ordinance added the initials GI and Ll prior to the zoning ordinance classification within the "Statement of Purpose and Intent" and "Section I". If you have any questions, do not hesitate to contact the Area Plan Commission office. Sincerely, Derek Spxer, AiCP Planner E,- LZONING1201004 June !NON- CONFOI?MANCE1Common Couneil Lir - Ordinance Edils.doc Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana CITY OF SOUI -H BEND DEPARTMENT May 18, 2010 Derek Dieter President, South Bend Common Council 4t1' Floor, County -City Building South Bend, IN, 46601 STEPHEN J. LUECICE, MAYOR OF PUBLIC WORKS RE: Loss Recovery Fund Appropriation Ordinance Dear Mr. Dieter: LA� Enclosed for filing with the South Bend Common Council is an ordinance appropriating $ 75,000 within the Loss Recovery Fund 227. A study is necessary for the purpose of evaluating solutions for removing oxidized arsenic from the backwash water at Edison Filtration Plant, the North Station Filtration PIant, and the Pinhook Filtration Plant. Arsenic is commonly found in this area of Indiana particularly in groundwater with higher iron and manganese concentrations. The arsenic is oxidized and removed with the iron and manganese at these three filtration plants. The Wastewater Treatment PIant has unacceptable levels of arsenic in their sludge and the source is our backwash water. The Water Utility released a Statement of Qualifications (SOQ) document to six engineering firms with water treatment experience. After an extensive evaluation process, we selected a firm with previous experience with an identical project. The Water Utility requests the Council's approval of the Ordinance to fund the needed study. Sincerely, David Tungate Water Works Director riled In ClOrk!s JOH clTV 'Lee, so. UND, +�• Department of Public Works Gary A. Gilot, Director Engineering Carl P. Littrell, RE, Water Works David Tun ate Central Services Matt Chlebowski Streets Environmental Services 574/235 -9251 574/235 -9251 g 574/235 -9322 574/235 -9316 Sang Hensley 574/235 John J. Dillon, Ph.D. Fax 574/235 -9171 Fax 574/235 -9171 Fax 574/235 -5595 Fax 574/235 -9007 -9244 Fax 574/235 -9272 574/277 -8515 Fax 574/277 -8980 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $75,000 FROM THE LOSS RECOVERY FUND ( #227) TO PAY FOR AN ENGINEERING STUDY FOR THE SOUTH BEND WASTE WATER UTILITY STATEMENT OF PURPOSE AND INTENT An engineering study is needed to identify solutions for removal of oxidized arsenic from the backwash water at three of South Bend's Water Filtration Plants. This area of Indiana is susceptible to the presence of arsenic, particularly in groundwater with high iron and manganese concentrations. An engineering study will assist the City to solve the problem of arsenic levels in the Waste Water Treatment Plant sludge due to backwash water. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The sum of $75,000 shall be and hereby is appropriated from and set aside within Loss Recovery Fund ( #227) to pay for an engineering study to address the level of arsenic in backwash water in South Bend's Water Filtration Plants. Section II. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Attest: City Clerk ' i y Member, South Bend Common Q uncil of vt rs "� 9 pjv;dq an " "K.:S':'; k�.': 4' <..; s'�. • tt no+�7gi�pp?'+:� liter X45 �fFda aw Wma((ppyy ♦aq��+6�!. ?r d. V.aMkLa"4+d3 ed':a beta: Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2—, at o'clock M. Mayor, City of South Bend, Indian Office I st FIADNG �-2, F- [ b pUE,LlC F�,r:APANG 3 rd kEANNG NOT APPROVED PEFERFED DA q qrT] 1400 COUNTY -CITY BUILDINC 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CHARLES S. LEONE CI7'YATORNEY Mr. Derek Deiter CITY OF SovTH BEND STEPHEN J. I.UECKE, MAYOR DEPARTMENT OF LAW President, South Bend Common Council 227 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 June 22, 2010 PHONE 5741235 -9241 FAX 5741235 -9892 TDD 5741235 -5567 AI.ADEAN M. DEROSE CHIEF ASSISTANT CIT Y AFTORNEY Re: Ordinance Amending 2010 Non Bargaining Employees' Salary Ordinance #9959 -09 Dear President Deiter: It was recently brought to my attention that the attachment to the 2010 Non Bargaining Employee Salary Ordinance #9959 -09 did not include four City job positions, one of which is the City Code Director held by Catherine Toppel. Upon investigation I discovered that Ord. #9959 -09 as originally tiled contained a fill, complete list of all City positions (copy of original attachment is included with this letter), except for that of Director - Energy Conservation (a new position in 2010). On September 28, 2009 a substitute version of Bill #9959 -09 was filed with the Council which was solely intended to add the new "Director- Energy Conservation" position (a copy of Mr. Zientara's cover letter to that effect is also attached). Regrettably, it now appears that the Ordinance Attachment of September 28, 2009 listing that new position, inadvertently deleted the four City personnel positions which had been included in the originally filed ordinance. An ordinance correcting the technical error in the attachment to 2010 Salary Ordinance #9959 -09 is being submitted to you. City Controller Gregg Zientara will mare the necessary presentations to the Council at committee meeting and public hearing. Thank you for your understanding and consideration. 1nC ly, Aladean M. DeRose Chief Assistant City Attorney cc: Gregg Zientara s tat �al¢a!ffit."® L-;d :20]10 JOHN C" CfERK, 50. BEND, IN, THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASA JEFFREY M. JANKO`X/SKI LAWRENCi J. METEItrER JEFFREY L. SANFORD JOHN E. BRODFN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TECHNICALLY AMENDING THE 2010 CALENDAR YEAR NON. BARGAINING EMPLOYEES SALARY ORDINANCE #9959 -09 TO REINSTATE ORIGINAL ATTACHMENT STATEMENT OF PURPOSE AND INTENT On September 30, 2009 this Council passed Ordinance #9959 -09 which set maximum salaries of non - bargaining employees of the City of South Bend for calendar year 2010. As originally filed on August 19, 2009, Ordinance #9959 -09 contained a detailed Attachment identifying each employee position within the City and setting out the 2010 salary for such position, On September 28, 2009 a substitute version of Ordinance #9959 -09 (then Bill #64 -09) was filed with this Council indicating that the original Attachment required amendment solely to add a new position, that of Director — Energy conservation, at an annual salary of $68,016.00. However, the new Attachment also listed four other positions twice, and deleted four long standing positions. This Ordinance reinstates the original Attachment to Ordinance #9959 -09 along with inclusion of the position of Director — Energy Conservation. By this Ordinance, the following four positions are included in the 2010 non - bargaining employee salary ordinance per the original intent and but for technical error and omission contained in the second Attachment; Full -Time Position Job Title 2010 Salary ENB -A -2 Director - Administrative Services $55,864.00 ENB -A -2 Director- Administrative Services -Parks $55,864.00 ENB -A -I Director- Central Services $67,011.00 ENB -A -1 Director -Code Enforcement $67,867.00 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. Ordinance #9959 -09. is amended to correct the substitute Attachment to that ordinance which inadvertently omitted four longstanding employee positions within the City. The amended Attachment to Ordinance #9959 -09 is made a part of and incorporated within this ordinance, and is effectively a reinstatement of the originally filed Attachment to Ordinance #9959 -09 plus inclusion of the position of 'Director — Energy Conservation" which was not part of the original Attachment. Section II. By this Ordinance, the following employee positions listed in the original version of Ordinance #9959 -09 and intended to be in the final version of that Ordinance are reinstated: Full- -Time Position Job Title 2010 Salary EN.B -A -2 Director- Administrative Services $55,864.00 ENB -A -2 Director- Administrative Services -Parks $55,864.00 ENB -A -1 Director - Central Services $67,011.00 ENB -A -1 Director -Code Enforcement $67,867.00 Section III. Upon approval of the Council and Mayor, and upon publication as may be required by law, this Ordinance shall be given effect retroactive to September 30, 2009, p S, Member, South Bend Common uncil M� Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. IsP RMWING b -ZAC-1 � �USUC F�£rtRi G ,AQT At=Roy[g, 'FF�Ri2Ed�; ecc�rr, Mayor, City of South Bend, Indiana g I iI® dry R� 'C�'eS F'A C1171 Ct.i ,�x Salary Ordinance Setting Maximum Salary Job Code NENB -8-3 Academ!c Coordinator -CB Center NEN6 -B 3 Academic Coordinalor -MLK Center NENB -C-2 Accounting Assistant NENB -C-1 Accounting Clerk IV NENB -A -S Accounts Payable Supervisor NENB -D-0 Accounts Payable Technician NENB -C-1 Administrative Assistant I NENB C•1 Administrative Assistant If ENi3 -B -/ Antmai Controf Assistant ENB -B -7 Animal Control Officer ENB -B -1 Animal Control Officer- Senior ENB -A -3 Assistant Box Office Manager I ENB -A -3 Assistant Box Office Manager 11 ENB »8 -7 Assistant City Attorney ENl3 -A -3 Assistant Crty Engineer ENB -A -3 Assistant Controller (title eliminated)- insert title "Director -City 1'370 Finance" ENS-A-3 Assistant Director Administrative Sery ENS-A-3 Assistant Director Communicabun Cntr ENB -A -3 Assistant Director of Distribution ENB -A -3 Assistant Director of Treatment ENB -A -3 Assistant Director - Administration 8 Marketing EN13-A -3 Assistant Director - Booking & Event Operation ENB -A -3 Assistant D' €rector -CED ENB -A -3 Ass #slant Director -Human Resources ENB -A -3 Assistant Director -MPAC Financial Reporting ENS-A-3 Assistant Director- Recreation EN13-6 -1 Assistant Golf Manager Assistant Facility Operations Manager {New) ENB -A -1 Assistant To The Mayor ENB -8 -1 Assistant Zoning Administrator ENB -A -5 Athletic Supervisor ENB -A-4 Box Office Manager EN8-A -1 Building Commisioner ENS-B-3 Building Inspector VI ENB -8 -3 CED Specialist ii ENS-B-3 CED Specialist 1If ENB -B -3 CEO Specialist VI ENS -B -3 CED Specialist-Senior ENB -A -5 center Supervisor ENB -13-1 Chemist ENB -B -1 ChemfsVSafety Officer ENB -A-4 Chief Deputy Oly Clerk EN8 -6 -1 Chief Inspector NENB -C -1 City Clerk Secretary ENB -A -1 City Controller ENB -A -1 City Engineer NENB -F -1 Clerk Terminal Operator ENB -13-1 Club Pro Municipal Golf Course ENB -8-3 Code inspector IV NENB -B -3 Collection Specialist ENB -A -5 Communicalion I Supervisor ENB -A -5 Communication II Supervisor EN13-A -5 Communication Specialist t NENB -8-3 Communication Specialist II NENB -8-3 Communication Speciailst III NENB -F -1 Court Liaison NENB -F -1 Crime Analyst NENB.F -1 Crime Laboratory Supervisor ENB -Aa1 CSO Operations Manager NENB -8-3 Customer Service Coordinator ENB -A-4 Customer Service Manager ENB -A -5 Customer Service Supervisor NENB -F -1 Dale Entry fAlarms Coordinator NENB -F -1 Data Entry Records Coordinator NENB -F -1 Data Entry Specialist II ENS-A-5 Data - Processing Supervisor ENB -B -2 Departmental System Specialist NENB -G1 Deputy City -Clerk ENB -A -2 Deputy Director- WalerWorks NFNB -B -3 Design/ Plan Review Specialist ENS-A-2 Director of Development ENB -A -2 Director of Distributions ENB.A -3 Director of Finance (Park Administration) ENB -A -2 Director of Finance (Water Utility) ENB -A -3 Director of Finance (Public Works) (NEW) ENE;-A-2 Director of Financial Services ENB -A -2 Director of Marketing & Promotions ENB -A-4 Director Records Bureau ENB -A -1 Director of Streets ENB -A -2 Director of Treatment ENB-A -1 Director Parks & Recreation ENB -A -1 Director Public Works ENB -A4 Director - Administrative Services ENS-A-2 Dlrect&r Adminislrative Services -Parks ENB -A -1 Director - Central Services ENB -A4 Director -Code Enforcement. 2=5 5°bry D,Mrann p°,l,iox �°•+WMs page 1 oft 2007 2009 Salary Salary 2009 Salary 2010 2010 2010 Status Salary 134-Weekly %increase 2.0% Amount (3) Full -Time 29,035 30,120 30,722 31,337 ` 1,205 Fuli -Time 33,242 34,239 34,924 35,623, 1'370 2.00% Full -Time 35,438 36,501 37,231 37,976. - 1,461 2.00% Full -Time 27,598 28,426 28,994 29,574 1,137 2.00% Full -Time 39,247 40,424 41,233 42,058- "^ 1,61$ 2.00% FUR-Time {4} 2$032 28,903 30,501 31,111- 2.00% Full -Time 32,903 33,890 34,568 35,259 `` 1,797 2.00% Full -Time NOW 34,903 35,601 36,313 1,356 1,397 2.00/0, ° Full -Time 28,574 29,431 30,020 3D,620 "'� 2.00 / Full -Time 28,784 29,648 30,240 _ 34.a84 �' 1'176 2.00% Full -Time 31,806 32,760 33,415 34,084 "� 1'311 x,40% Full -Time 28,107 28,950 29,529 30,120 ` 1,311 1,158 2,00% Fut# -Time 31,421 32,364 33,413 1'295 2.00% Full -Time 62,656 64,536 65,826 67,1643` 2'582 2.00% Full -Time 64,000 65,920 67,238 68,583 °' 2,00% 2,638 2.00°/, Full -Time Full -Time 65,500 67,465 45,$65 47,241 65,000 48,166 66,300 -' 2,550 2'00% Full -Time 41,232 42,469 43,318 ,,.•' 44,185` 1'890 2.00% Fuii -Time 42,600 43,878 44,756 45,653' - "� 1'659 1,756 2.00% Full -Time 42,360 43,631 44,503 45,393'' 1,741 2.00% FuILTime 42,250 43,518 44,388 45,276'' 3,741 2.00% Fuli -Time 40,000 41,200 42,024 42,864• 1.649 y.Dp% Full -Time 51,907 53,464 54,533 55,624 "" 2,139 Full -Time 47,000 48,410 49,378 50.366-' 1,690 2.00% Full -Time 41,000 42,230 43,075 - 43,93& 1,931 2.00% Fun -Time 46,863 48,269 49,234 50.219• 1,931 2.00% Full -Time Full-Time 12,000 12,360 ldO1N 12,607 12,859' °- 495 2,00% 2.00% Fuii -Time 59,850 61,646 31,ODQ 62,878 31,620 " "` 64,136 ` 1,216 2.00% Full -Time 47,865 49,301 50,287 51,293 -' 1,973 2.00% Full -Time 36,899 38,006 38.766 39'541 2.00% Fur! -Time 34,605 35,643 36,356 37,083•1' 1'521 2,00% Full -Time 71,182 73,317 74,784 76,279 -" 1,426 2_DO% Full -Time 39,515 40,700 41,514 42,346-- 2,934 2.00% Full-Time 33,879 34,895 35,593 ,,,= 36,451 1.628 2.00% Fuii -Time 35,881 36,957 37,697 _ 3$,451 -�` 1,396 1,879 Full -Time 45,532 46,898 47,836 48,793 1,$77 2.00% Full -Time 49,212 50,688 51,702 52,736 " = ' 2,028 2.00% Puff-Time 36,899 38,006 38,766 39,541 - 1'521 2.00% Ful! -Time 41,036 42,267 43,112 43,975° ^ 1,691 2.00% Full -Time 41,079 42,311 43,158 44,021.E 2.00 Full -Time 41,989 43,249 44,114 44,996 -`` 1,731 2.00% FWI -Time 41.454 42,698 43,552 d� 1,709 2.00% Full -Time 27,676 28,506 29,fl76 29,fi58'�- 29,658 1,141 2.00% Full -Time 78,599 80,957 82,576 84,228 3,240 2.00% Fug-Time 68,000 .72,000 73,440 74,984 2.881 2'00% Full -Time 24,248 24,975 25,475 -, 25,984 - "'" 999 2.00% Full -Time 41,601 42,849 43,706 44,580, " 1,715 2.00 Full -Time 33,860 34,876 35,573 36,T 1,396 2.00% Full -Time 29,271 $0,149 30,752 31,3366T' -` 1,206 2.00% Full -Time Full -Time 37,616 38,738 38,110 39,253 39,513 40,303- 2.40% 2.00% Fuh -Time NOW 28,000 40,038 28,560 40,839° 29,131;--' 1,571 2.00% Furl -Time 30,492 31,407 32,035 32,676,° 1,120 2.00% Full -Time 30,642 31,561 32,192 32,836"`, 1,257 2.00% Full -Time 28,925 29,793 30,389 30,996 -'- 1,192 2.00% Full -Time 31,666 32,618 33,270 33,936... 1,305 2.00% Full -Time NOW 48,960 49'939 50,938 1,959 2.00% Full -Time 50,184 51,690 52,723 53.778. ' 2,068 2.00% Fuii -Time 35,264 36,322 37,048 37,789`' 1,453 2.00% Full -Time 40,438 41,651 42,484 43,334 ° 1,667 2.00% Full -Time 37,610 38,738 39,513 - 40,3E33' "� 1,550 200 Fuii -Time Full -Time 26,347 27,137 29,763 30,656 27,680 28,234.- 1'086 2.00% 2.00% Full -Time 25,855 26,631 37,269 27,163 33,894 27,707 °`" 1,227 2.00% Full -Time 37,610 38,738 39,513 40,303, 11066 1,550 2.00 ° /a Full -Time 39,521 40,707 41,521 42,357 ° - 1,629 2.00°/ Full -Time 35,967 37,D46 37,787 38,543 = 1,482 2.00% Full -Time 55,000 56,650 - Eiilninafed 2.00% Full -Time Full -Time 50,466 51,980 NEW 53,174 53,020 54,080 2.080 2.00% Full -Time 53,448 55,051 54,237 56,152 55,322.' 57,276 - =. ' 2'128 2.00% Fuf! -Time 50,474 53,174 54,237 85,322:'° 2,203 2,128 2,00% FuILTime 54.060 55,682 56,795 57,931-1` 2'228 2.00% Full -Time Fuli -Time Now 50475 51,989 62,ODO 63,240 - " 2'432 2.00% 2.00°,6 Full-Time 46,794 47,580 53,029 48,531 54,090" 49,502 2,080 2.00% Full -Time (4) New 40,000 40,800 41,616 -' r' 1901 2,00% Fu);-T ime 63,636 65,545 66,856 68.193�''� 1,501 2.Go% Full -Time 50,2$0 51,788 52,824 53,881'6 2,623 2.00% Full -Time 69,099 77,172 72,595 74,047 2,072 2,848 2.00% Full-Time 75,713 77,984 79,544 81,135 3121 2.00% Full Tlmee Full-time. 46 86< 53 695 52131` 53 695:. y4 Z69 _ 54 768 55,864 ;_ '66,- B6¢ 21,49< 2 )0% 200% Full T>mer 62 533" 64,'409' 65 971 - 67,tn 2 149 2.00% Full-Time- 63,392 65,232 86,53T 67,967 2 5ZY' 70FI °/° 2611)' 2.06 ;A 2=5 5°bry D,Mrann p°,l,iox �°•+WMs page 1 oft rf South Bend, Indiana Salary Ordinance Setting Maximum Salary Job Code {2) _ Job Title ENB -A -2 Direcl0r- Communication Cntr ENB -A -2 Director - Communications & Radio ENB -A -2 Direclor- Communications & Special Projects ENB -A -f Dlfecter- Community Development £NB -A -1 Director- Econom'sc Development Director- Energy Conservation ENB -A -2 Director- Financial & Program Management ENB -A -2 Director -God operation, ENB -A -2 Director -Human Resources ENB -A -2 Direclor -Human Rights EN A -1 Director - Information Technology ENB -A -2 Director - Planning ENB -A -2 Director- Recreation EN6-A -2 Director- Secretarial Services ENB -A -2 Director- Wastewate( ENB -A -2 Director- WasleWaterMaintenance ENB -A -1 Director -Water Works ENB -A -2 Di rector zoo "'ENB -C -1 Distribution Records Drafter ENB -A-1 Division Director of Environmental Services EN '_2 Engineer Aide IV ENB -B -2 Engineer If ENB -B -2 Engineer Inspector EN. Event Service Technician 1 ENB -B -2 Event Service Technician II NENB -F -1 Evidence Technician ENB -A -1 Executive Direclor -CED ENB -A -1 ExeCllllve Director - Morris -PAC ENB -A-4 Facility Engineer (delete current title insert title "Facility Operations 51,121 5 Manager ") NENB -F -1 Film Processor ENB -A -2 Finance Officer (Deparimenl of Finance only) NENB.B -3 Financial Specialist I NENB -83 Financial Specialist 11 NENB -0-3 Financial Specialist fit NENB -B -3 Financial Specialist IV NENB -5-3 Financial Specialist- Senior NENB -F -1 FingerPrint/Photo Technician ENB -A -5 Fitness Supervisor ENB -A -5 Foreman IV ENB -A -5 Foreman V ENB -6 -1 Forester ENB -B -1 General Zoo Curator ENS-A-4 GIS Manager ENB -A-4 Goff Course /Rink Manager EN8-13-1 Greenkeeper ENB -A -5 Heaithy Seniors Supery €sot EN6 -6-3 dousing Specialist V ENB -8-3 Housing Specialist VI ENB -B -3 Housing Specialist - Senior EN13 -8-3 Human Resources Specialist rV NENB -8-2 industrial Pretreatment Specialist I ENB -6-3 Intake Officer /Investigator NCNB -C.2 internal Auditor NEN13-13 -2 Inventory Control Technician it EN8-8-3 Investigator II ENB -6-3 Investigator IV ENB -13-3 Investigator V NENB -6-2 Laboratory Technician NENB -C -2 License Clerk NENB-B -2 Locator EN13-A -5 Maintenance Foreman 11 ENB -A4 Maintenance Manager ENB -A -5 Maintenance Mechanic Supervisor ENB -A -5 Maintenance Superintendent ENB -A4 Manager of Equipment Service ENB -A4 Manager of Sewer Operations ENB -A-4 Manager of Solid Waste Operations ENB -A -4 Manager of Streets £NB -A4 Manager - Environmental Compliance ENS -A-4 Manager -Parts Maintenance ENS-6 -1 Marketing and Education Curator ENB -B -1 Naturalist ENB -8-2 Network Engineer ENB -A-4 Office Manager ENB -A4 Operations Manager ENB -A -5 Operations Supervisor NENB -C -2 Ordinance Violations Bureau Clerk NENB -B-3 Paralegal NENB -F -1 Park Police 11 NENB -A -5 Payroll Supervisor ENB -A-4 Permits Manager F ENB -8-3 Planner Vl F NENB -B -2 Preventative Maintenance Coordinator F ENS-A,4 Print Shop Manager F NENB -B -2 Print Shop Technician F ENB -A -5 Program Supervisor F ENS-B.2 Programmer Analyst 1 F ENB -B -2 Programmer Analyst it F m,os xwv o,e�,e.,,rw,o-ra, ewnvn of Document Full -Time 49,087 50,560 51,571 52,602`` .._ 2,023 Full -Time 30,257 31,165 37,788 32424 „r 1,247 Fuii -Time (4) 53,268 54,866 55,963 57,083 °, 2,195 Full -Time NOW 50,184 51,188 52,211' 2,008 Full -Time 30,355 31,266 31,891 32,529 ' 1,251 Full -Time 37,289 38,408 39,176 39,959^` 1,537 Full -Time 29,485 30,370 30,977 31,596 1,215 FulkTime 35,438 36,501 97,231 37,976 -` 1,461 ull -Time 40,140 41,344 42,171 43,015 �' 1,654 ull -Time 45,532 46,898 47,836 48,793 1,877 04I me 34,215 35,241 35,946 36'665`- 1,410 ull -Time 39,034 40.205 41,009 41,8 g-, 1,609 ull -Time 32,045 33,006 33,666 34,340-°'" 1,321 ull -Time 36,899 38,006 38,766 39,541x" 1,521 W -Time 38,099 39,242 40,027 40,827 - °� 1,570 ull -Time 39,732 40,924 41,742 42,577 °` 1.638 2010 % Increase 2.00% 2.00% 2.00% 2.0fl % 2.OD %' 2.00% 2.00% 2.00% 2.00% 2.00% 2.111% 2.00% 2.00% 2.00 2.00 % 2.00 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.OD % 2.00% 2.00% 2.00% 2.W% 2.04% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00 % 2.00% 2.10% 2.00 2.00% 2.00% 2.00% 2.00 2.10% 2.00% 2-00% 2.00% 2.00% 2.00% 2.DO% 200% 2.00% 2,00% 2.01 2.DO% 2.00% 2.00% 2.00% 2,00% 2.00% ZOO 2.00% 2.00% 2.00% 2.00% 2.09% 2.00% 2.00% 2.00% 2.00% 2,00% bye 243 20D7 2 2008 2 2009 2 2010 2 201D Status 2 Salary S Salary S Sae4ary S Salary S Si- Weekly 2.0% A Amount (3) Full -Time 8 80,703 52,224 5 53,269 54,334' 2,090 Full -Time 4 47,881 49,317 5 50,304 5 51.31D '" 1 1,973 Fuff -Time 5 53,360 54,961 5 56,060 5 57,181 •'' 2 2,199 Fuii -Time 6 62,533 64,409 6 65,697 6 67,011 r' 2 2,577 Full -Time 6 62,533 64,409 6 65,697 6 67 011.*' " 2 2 577 Full -Time► 6 57,306 59,025 6 6"0,206 6 68,016,'' 2 2,616 Full -Time 5 52,131 5 53,695 5 54,769 5 61,410 •° 2 2,362 Full -Time 5 57,773 5 59,506 6 60,696 6 61,910 '` . 21149 Full -Time 4 49,632 5 51,121 5 52,143 5 53,186 -"'� 2 . 2 Full -Time 6 62,533 6 64,409 6 65,697 6 67,011 2 2,577 Full -Time 5 54,113 5 55,736 E Etir Wnalteo Full -Time 5 57,374 5 59,095 6 60.277 6 61,483-1 2 2,365 Full -Time 4 43,986 4 45,306 4 46,212 4 47,136 A 1 1,813 Full -Time 5 59,000 6 63,500 6 64,770 6 66,0651'' 2 2,541 Full -Time 5 54,773 5 55,416 5 57,545 5 58,695^" 2 2,25$ Full -Time 6 62,533 $ $4,409 6 65,697 6 67,011/ 2 2,577 Full -Time 5 52,092 5 53,655 5 54,728 5 55,822 ^r` 2 2,147 Full -Time 3 34,322 3 35,352 3 36,059 3 36,780•-' 1 1,415 Full -Time 6 64,846 6 67,500 6 68,850 7 70,227.-`° 2 2,701 Full -Time 3 34,322 3 35,352 3 36,059 3 36780 "' 1 1,415 Full -Time 6 60,075 6 61,877 6 63,115 6 64,377- 2 2,476 1`0 -Time 3 35,264 3 36,322 3 37,048 3 37,789,-"` 1 1,453 Fuii -Time N New 2 23,500 2 23,970 2 24,449'- 8 840 Full -Time N New 2 26,750 2 27,285 2 27,831'" 1 1,070 Full -Time 3 31,679 3 32,629 3 33,282 3 33,948 °` 1 1,306 Full -Time 8 84,864 8 87,410 8 89,158 9 90,941 --' 3 3,498 Full -Time 6 68,842 7 70,907 7 72,325 7 73,772°'- 2 2,837 Full-Time 4 41,764 4 43,017 4 43,877 4 44,755"1- 1 1,721 Futf -Tune 3 3(),698 3 31,619 3 32,251 3 32,896 '' 1 1,265 Full -Time 5 50,475 5 51,989 E Eitr Wh&W Full -Time 2 29,032 2 29,903 3 30,501 3 31,114•s"' 1 11197 Full -Time 3 31,666 3 32,616 3 33,268 3 33,934 1 Full -Time 3 35,439 3 36,502 3 37,232 3 37,977 •'" 1 1,305 Full -Time 3 39,247 4 40,424 4 41,233 4 42,058 1 1,618 Full -Time 4 44,864 4 46,210 4 47,134 4 48,077,- 1 1,849 Fu&lrime 3 30,698 3 31,619 3 32,251 3 32,896`° 1 1,265 Full -Time 3 36,899 3 38,006 3 3$,766 3 39,541-1" 1 1,521 Full -Time 3 34,622 3 35,661 3 36,374 3 37,101 -" 1 1,427 Full -Time 3 39,034 4 40,205 4 41,009 4 41,829'` 1 1,609 Full-Time 4 46,749 4 49,724 5 50,718 5 51,733 "` - 1 1,990 Full -Time 4 43,000 4 44,290 4 45,176 4 46,079,'' 1 1,772 Fufl -Time 5 51,243 5 52,780 5 53,836 5 54,913 " "� 2 2,112 Full -Time 4 46,304 4 47,693 4 46,647 4 49,620, - -- 1 1,908 Full -Time 3 37.641 3 38,770 3 39,546 4 40,337 -- 1 1,551 Full -Time 2 29,035 3 32,660 3 33,313 3 33,979-'" 1 1,307 Fulf -Time 3 39,117 4 40,291 4 41,996 4 41,918 " ° - 1 1,612 Full -Time 4 41,535 4 42,781 4 43,637 4 44,509 " 1 1,712 Full -Time 4 46,143 4 47,527 4 48,478 4 49,447 "- 1 1,902 Full -Time 3 39,246 4 40,423 4 41,232 4 42,056-°° 1 1,618 FLM -Time N New 4 45,000 4 45,900 4 46,618'- 1 1,801 Full -Time 2 28,941 2 29,809 3 30,405 3 31,014 - 1 1,193 Full -Time 5 50,000 5 51,500 5 52,530 5 53,581 -� 2 2,061 Full -Time 3 30,471 3 31,385 3 32,013 3 32,653` 1 1,256 Fug-Time 3 33,168 3 34,163 3 34,846 3 35,543 - 1 11367 Full -Time 3 37,395 3 38,517 3 38,287 4 40,073 -- 1 1,541 Full -Time 3 39,243 4 40,420 4 41,229 4 42,153,, -' 4 41617 Full -Time 2 27,676 2 28,506 2 29,076 2 29,658•~ 1 1,141 FV11 -Time 3 31.668 3 32,618 3 33,270 3 33,936°'` 1 1,305 Full -Time 3 33,660 3 36,014 3 36,734 3 37,469' 1 1,441 Full -Time 3 31,297 3 32,236 3 32,881 3 33,538« -'_ 1 1,290 Full -Time N New 5 50,184 5 51,188 $ $2,211 P`: 2 2,008 Full -Time 5 52,131 5 53,695 5 49,114 5 50,097--" 1 1,927 Full -Time 4 49,765 5 51,258 5 52,283 5 55,864 -�' 2 2,149 Full -Time 5 53,268 5 54,866 5 55,963 5 57,063''- 2 2,051 Fug -Time 5 51,188 5 52,724 8 83,778 5 54,854• 2 Full -Time 5 51,188 5 52,724 5 53,778 5 54,854 �"'� 2 2,110 full -Time N New 5 54,773 5 55,868 5 56,986•'` 2 2,192 Full -Time 3 35,941 3 37,019 3 37,760 3 38,515''" 1 1,461 Fu4jime 3 35,279 3 36.337 3 37,064 3 37,805, -- 1 1,454 Full -Time 2 29,035 3 31,000 3 31,620 3 32,2521- 1 1,240 2010 % Increase 2.00% 2.00% 2.00% 2.0fl % 2.OD %' 2.00% 2.00% 2.00% 2.00% 2.00% 2.111% 2.00% 2.00% 2.00 2.00 % 2.00 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.OD % 2.00% 2.00% 2.00% 2.W% 2.04% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00 % 2.00% 2.10% 2.00 2.00% 2.00% 2.00% 2.00 2.10% 2.00% 2-00% 2.00% 2.00% 2.00% 2.DO% 200% 2.00% 2,00% 2.01 2.DO% 2.00% 2.00% 2.00% 2,00% 2.00% ZOO 2.00% 2.00% 2.00% 2.00% 2.09% 2.00% 2.00% 2.00% 2.00% 2,00% bye 243 CITY OF SOUTH BEND STEPHEN J. LuF -cKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER September 28, 2009 Mr. Derek Dieter President, South Bend Common Council 4"' Floor, County -City Building South Bend, IN 46601 Re: Revised Attachment to Bill 64 -09 Ordinance Fixing Salaries and Wages of Appointed Officers and Non - Bargaining Employees of South Bend for 2010 Dear President Dieter: Enclosed is a revised detail sheet (Attachment to Ordinance) for the 2010 Salary Ordinance setting the maximum salaries of all appointed officers and non - bargaining employees of the City of South Bend. The amendment to the Salary Ordinance reflected in the revised Attachment consists in the addition of a new position: Director — Energy Conservation. The 2010 salary for this position is $68,016,00. This new position does not affect in any way the 2010 General Fund budget because the position will be funded entirely from an Energy Efficiency & Conservation Block Grant for calendar years 2010 and 2011, Thereafter, from 2012 forward, the position will be funded by the energy consumption savings achieved from the work and programs of the Director of Energy Conservation. The addition to the detail sheet appears at page 2, and the position has been highlighted for your ease of review. I will present the amended version of the 2010 Salary Ordinance to the Council at its Committee meeting and at the public hearing scheduled for this evening. Thank you for your consideration. Sincere Gregg Zr ntara 1 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235-9216 FAx 574/235 -9928 TDD 574/235 -5567 P of South. Send, Indiana 0 Salary Ordinance Setting Maximum Salary Jab Cade I Job NENB -8-3 Academic Coordinator -CB Center NENB -B -3 Academic Coordinator -MLK Center NENB -C -2 Accounting Assistant NENB -G•1 Accounting Clerk IV NENB -A -5 Accounts Payable Supervisor NENB -D -4 Accounts Payable Technician NENB-C -1 Administrative Assistant I NENB -C -1 Administrative Assistant f! ENB -11-1 Animal Control Assistant ENB -B -1 Animal Control Officer ENB -B -1 Animal Control Officer- Senior ENB -A -3 Assistant Box Office Manager I EN8-A -3 Assistant Box Office Manager II EN13-8 -1 Assistant City Attomey ENB -A -3 Assistant City Engineer ENB -A -3 Assistant Controller (Uteeliminated)- insert title "Director -City F0-Time Finance" ENS-A-3 Assistant Director Administrative Sery ENB -A -3 Assistant Director Communication Cntr ENB -A -3 Assistant Director of Distribution ENB -A -3 Assistant Director of Treatment ENS -A -3 Assistant Director- Administrailon & Marketing ENB -A -3 Assistant Director - Booking 8 Event Operation ENS-A-3 Assistant Director -CED ENB -A -3 Assistant Director -Human Resources ENS-A-3 Assistant Dlrector -MPAC Financial Reporting ENB -A -3 Assistant Director - Recreation ENB -B -1 Assistant Goff Manager Fufl -Time Assistant FaclRy Operations Manager (New) ENB -A -1 Assistant To The Mayor ENB -B -1 Assistant Zoning Administrator ENB -A -5 Athletic Supervisor ENB -A-4 Box Office Manager ENB -A -1 Building Commisioner ENB -8-3 Building Inspector VI ENB -13-3 CEO Specialist II ENB -B -3 CEO Specialist Ill ENB -8-3 CED Specialist VI ENS -B -3 CED Special €st - Senior ENS-A-5 Center Supervisor ENB -8-1 Chemist ENB -8-1 Chemist/Safety Officer ENS-A-4 Chief Deputy City Clerk EN13-8-1 Chief Inspector NENB -C -1 City Clerk Secretary ENB -A -1 City Controller ENS-A-1 City Engineer NENB -F -1 Clerk Terminal Operator ENS-8-1 Club Pro Municipal Golf Course ENB -8-3 Code inspector iV NENB -B -3 Collection Specialist ENB -A -5 Communication 1 Supervisor ENB -A -5 Communication 11 Supervisor ENS-A-5 Communication Specialist I NENB -B -3 Communication Specialist It NENB -8 -3 Communication Specialist III NENB -F -j Court Liaison NENB -F -1 Crime Analyst NENB -F -1 Crime Laboratory Supervisor EN13-A4 CSO Operations Manager NENB -B -3 Customer Service Coordinator ENB -A-4 Customer Service Manager ENO-A-5 Customer Service Supervisor NENB -F -1 Data Entry /A €arms Coordinator NEN8-F -1 Data Entry Records Coordinator NENB -F -1 Data Entry Specialist !l ENB -A -5 Data - Processing Supervisor ENS-8-2 Departmental System Specialist NENB -C -1 Deputy City-Clerk ENS-A-2 Deputy Director - Waterworks NENB -8-3 Design/ Plan Review Specialist ENS -A -2 Director of Deve €opment EN13-A -2 Director of Distributions ENB -A -3 Director of Finance (Park Administration) ENB -A -2 Director of Finance (Water Utility) ENS-A,3 Director of Finance (Public Works) (NEW) 'ENB -A -2 Director of Financial Services ENB -A -2 Director of Marketing & Promotions ENB -A -4 Director Records Bureau ENS -A -1 Director of Streets ENB -A -2 Director of Treatment ENB -A -1 Director Parks & Recreation NB -A -1 Director Public Works locos °m.r o.er°°„°. ca�rrwn nma_7.4 2007 2008 2009 2010 2010 2010 Salary Salary Salary Salary 81- Weekly % Increase .... 2.0% Amount r3i Full -Time 29,035 30,120 30,722 31,337 1,205 Fufl -Time 33,242 34,239 34,924 35,623 1,370 Full-Time 35,438 36,501 37,231 37,976 1,461 Full -Time 27,596 28,426 28,994 29,574 1,137 F0-Time 39,247 40,424 41,233 42,058 1,618 Full -Time (4) 29,032 29,903 30,501 31,111 1,197 Full -Time 32,903 33,890 34,568 35,159 1,356 Full -Time NEW 34,903 ' 35,801 36,313 1,397 Fufl -Time 28,574 29,431 30,020 30,620 1,178 Full -Time 28,784 29,648 30,240 30,845 1,186 Full -Time 31,806 32,760 33,415 34,084 1,311 Full -Time 28,107 28,950 29,529 30,120 1,158 Full -Time 31,421 32,364 33,011 33,671 1,295 Full -Time 62,656 64,536 65,826 67,143 2,582 Full -Time 64,000 65,920 67,238 68,583 2,638 Full -Tima Full-Time Full -Time Full -Time Full -Time Full -Time Fuli-Time Full -Time Fulf -Time Full -Time Full -Time Full -Time Fufl -Time Full -Time Full -Time Full-Time Full -Time Full -Time Full -Time Fuli -Time Full -Timis Full -Time Full -Time Full-Time Full -Time Full -Time Full -Time Full -Time Puff-Time Full -Time Full -Time Full -Time Full -Time Fult -Time Full -Time Full -Time Full -Time Full -Time Full -Time Fuil -Time Full -Time Fuh -Time Full-Time Full -Time Full -Time Full-Time Full -Time Full -Time Full -Time Full -Time Full-Time Fuff -Time Full -Time Full -Time Fulf -Time Full -Time Fuff -Time Full -Time Full -Time Full -Time Full -Time Full -Time Full -Time (4) Fulf -Time Full -Time Fult -Time Full -Time 65,500 67,465 65,000 45,865 47,241 48,186 41,232 42,469 43,318 42,600 43,878 44,756 42,360 43,631 44,503 42,250 43,518 44,388 40,000 41,200 42,024 51,907 53,464 54,533 47,000 48,410 49,378 41,000 42,230 43,075 46,863 48,269 49,234 12,000 12,360 12,607 59,850 61,64 47,865 49,30 36,899 38,00 34,605 35,643 71,182 73,317 39,515 ' 40,700 33,879 34,895 35,881 36,957 45,532 46,898 49,212 50,688 36,899 38,006 41,036 42,267 41,079 42,311 41,989 43,249 41,454 42,698 27,676 28,506 78,599 80,957 68,000 72,000 24,248 24,975 41,601 42,849 33,860 34,876 29,271 30,149 37,610 38,738 38,110 39,253 New 28,000 30,492 31,407 30,642 31,561 28,925 29,793 31,668 32,618 NEW 48,960 50,184 51,690 35,264 36,322 40,438 41,651 37,610 38,738 26,347 27,137 29,763 30,656 25,855 26,631 37,610 38,738 39,521 40,707 35,967 37,046 55,000 56,650 50,466 51,980 NEW 53,174 53,448 55,051 50,474 53,174 54,060 55,682 50,475 46,194 New 63,636 50,280 69,099 75,713 New 51,989 47,580 40,000 65,545 51,788 71,172 77,964 31,000 8 62,878 1 50,267 6 38,766 36,356 74,784 41,514 35,593 37,697 47,836 51,702 38,766 43,112 43,158 44,114 43,552 29,076 82,576 73,440 25,475 43,706 35,573 30,752 39,513 40,038 28,560 32,035 32,192 30,389 33,270 49,939 52,723 37,048 42,484 39,513 27,680 31,269 27,163 39,513 41,521 37,787 Eliminated 66,300 49,149 44,185 45,651 45,393 45,276 42,864 55,624 50,366 43,936 50,219 12,859 31,620 64,136 51,293 39,541 37,083 76,279 42,345 36,305 38,451 48,793 52,736 39,541 43,975 44,021 44,996 44,423 29,658 84,228 74,909 " 25,984 44,580 36,285 31,367 40,303 40,839 29,131 32,676 32,836 30,996 33,936 50,938 53,778 37,769 43,334 40,303 28,234 31,894 27,707 40,303 42,351 38,543 53,020 54,080 54,237 55,322 56,152 57,276 54,237 55,322 56,795 57,931 62,000 63,240 53,029 54,090 48,531 49,502 40,800 41,616 66,856 68,193 52,824 53,881 72,595 74,047 79,544 81,135 2,550 1,890 1r699 1,756 1,746 1 ,741 1,649 2,139 1,937 1,690 1,931 495 1,216 2.467 1,973 1,521 1,426 2,934 1,629 1,396 1,479 1,877 2,028 1,521 1,691 1,693 1,731 1,709 1,141 3,240 2,881 999 1,715 1,396 1,206 1,550 1,571 1,120 1,257 1,263 1,192 1,305 1,959 2,068 1,453 1,667 1,550 1,086 1,227 1,066 1,550 1,629 1,482 2,080 2,128 2,203 2,128 2,228 2,432 2,080 1,904 1,601 2,623 2,072 2.848 3,121 2.00% 2.00% 2,00% 2.00% 2.0o% 2.00% 2.00% 2,00% 2.00% 2.00 % 2.00% 2.00% 2.00% 2.00°/ 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2,00% 2.00 °r 2.00% 2.00% 2.00% 2.00°/ 2.00 % 2.00% 2.00% 2.00% 2.00 2.00% 2.00% 2.00°1 2,00 11. 200% 2.00% 2,00% 2.00°/ 2.00% 2.00% 2,00% 2.00% 2.00°! 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2 -00% 2.00% 2.00% 2.00 2.00% 2.00% 2.00 ° /a 2.00% 2.00 % 2.00% 2.00% 2.00% 2.009/ 2.000 2.00% 2.00 2.00% 2.00% City of South Bend, Indiana 2010 Salary Ordinance Batting Maximum Salary Job Code (2) Job Title Status 2007 2008 Salary Salary Date of Document 2009 2010 Salary Salary 2.0. 08/1812009 2010 Bt- Weekfy Amount (3) 2010 % increase EN A-2 Director-Administrative Services Full -Time 46,846 53,695 54,769 55,864 2,149 2.00% ENB -A -2 DlrectorvAdministrative Services -Parks Full -Time 52,131 53,695 64,769 55,864 2,149 2.00% ENB -A -1 Director - Contral Services Full -Time 62,533 64,409 65,697 67,011 2,577 2.00% ENB -A -1 Director -Code Enforcement Full -Time 63,332 65,232 66,537 67,867 2,610 2.00% ENB -A -2 Director - Communication Cn1r Full -Time 50,703 52,224 53,269 54,334 2,090 2.00% ENS-A-2 Director- Communications & Radio Full -Time 47,881 49,317 50,304 51,310 1,973 2.00 %I )ENS-A -2 Director - Communications & Special Projects Fufl -Time 53,360 54,961 56,060 57,181 2,199 2.00 ENB -A -1 Direttar - Community Development Full -Time 62,533 64,409 65,697 67,011 2,577 2.fl0% ENB -A -1 Director - Economic Development Fuit -Time 62,533 64,409 65,697 67,011 2,577 2.00% ENB -A -2 Director - Financial& Program Management FulkTime 57,306 59,025 60,206 61,410 2,362 2.00% EN -A-2 Director -Goff Operations Full-Tlme 52,131 53,695 54,769 55,864 2,149 2.00 ENB -A -2 Director -Human Resources Full -Time 57,773 59,506 60,696 61,910 2,381 2.00% ENB -A -2 Director -Human Rights Full -Time 49,632 51,121 52,143 53,186 2,046 2.00% ENB -A 1 Director- Information Technology Full -Time 62,533 64,409 65,697 67,011 2,577 2.00% @N"-A -2 Director- Planning Full -Time 54,113 55,736 Eliminated ENS-A-2 Director- Recreation Full -Time 57,374 59,095 60,277 61,483 2,365 2,00% ENB -A -2 Director-Secretarial Services Full-Time 43,986 45,306 46,212 47,136 1,813 2.00% ENB -A -2 Director- WasteWater Full -Time 59,000 63,500 64,770 66,[)65 2,541 2.00% ENB -A -2 D €rector- WasteWaterMaintenance Full -Time 54,773 56,416 57,545 58,695 2,258 2.00% ENB -A -1 Director -Water Works Full-Time 62,533 64,409 65,697 67,011 2,577 2.00% ENB -A -2 Directar -Zoo Full -Time 52,092 53,655 54,728 55,822 2,147 2.00% NENB -C -1 Distribution Records Drafter Fu €I -Time 34,322 35,352 36,059 36,780 1,415 2,00% ENB -A -1 Division Director of Environmental Services Full -Time 64,846 67,500 68,650 70,227 2,701 2.00 1/p EN _ 8A Engineer Aide 1V Full -Time 34,322 35,352 36,059 36,780 1,415 2.00% ENB -e -2 Engineer 11 Full-Time 60,075 61,877 63,115 64,377 2,476 2.00% ENS-B -2 Engineer inspector Full -Time 35,264 36,322 37,048 37,789 1,453 2.00% ENB -8 -2 Event Service Technic ian f Full -Time New 23,500 23,970 24,449 940 2.001/9 EN8 -8 -2 Event Service Technician It FW -Time New 26,750 27,285 27,831 1,070 2,00% NENB -F -1 Evidence Technician Fufl -Time 31,679 32,629 33,282 33,948 1,306 2,00% ENB-A-1 Executive Director -CED Full -Time 84,864 87,410 89,158 90,941 3,498 100°1 'EN -A-' Executive Director-Morris-PAC Fufl -Time 68,642 70,907 72,325 73,772 2,837 2,00% ENB -A -4 Facility Engineer (delete current title insert title "Facility Operations Manager'i Full -Time 41,764 43,017 43,877 44,755 1,721 2.00% NENB -F -1 Film Processor Full -Time 30,698 31,819 32,251 32,896 1,265 2.00% ENB -A -2 Finance Officer (Department of Finance only) Fult -Time 50,475 51,989 Ellm €nated NENB -B -3 Financial Specialist Full -Time 29,032 29,903 30,501 31,111 1,197 2.00% NENB -8-3 Financial Specialist II Full -Time 31,666 32,616 33,268 33,934 1,305 2.00% NENB -8 -3 Financial Specialist III Full-Time 35,439 36,502 37,232 37,977 1,461 2.00% NENB -B -3 Financial Specialist IV FuA -Time 39,247 40,424 41,233 42,058 1,618 2.00% NENB -B -3 FinancialSpec €alist- Senior Full -Time 44,864 46,210 47,134 48,077 1,849 2.00% NENB -F -1 FingerPrint/Photo Technician Full -Time 30,698 31,619 32,251 32,696 1,265 2,00% ENB -AS Fitness Supervisor Full -Time 36,699 38,006 38,766 39,541 1,521 2.00% ENB -A -5 Foreman IV Full -Time 34,622 35,661 36,374 37,101 1,427 2.00% ENB -A -5 Foreman V Fulf -Time 39,034 40,205 41,009 41,829 1,609 2.00% EN13-9 -1 Forester Full -Time 46,749 49,724 50,718 51,733 1,990 2.OG% ENB -B -1 General Zoo Curator Fulf -Time 43,000 44,290 45,176 46,079 1,772 2.00% ENB -A -4 G €S Manager Full -Time 51,243 52,780 53,836 54,913 2,112 2.00% ENB -A -4 Golf Cour"IR ink Manager Full -Time 46,304 47,693 48,647 49,620 1,908 2.00% ENB -B -1 Greenskeeper Full -Time 37,641 38,770 39,546 40,337 1,551 2.00% ENB -A -5 Heafthy Seniors Supervisor Full -Time 29,035 32,680 33,313 33,979 1,307 2.00% ENS-B-3 Housing Specialist V Full -Time 39,117 40,291 41,096 41,918 1,612 2.00% ENB -8-3 Housing Specialist VI Full -Time 41,535 42,781 43,637 44,509 1,712 2.00% ENB -8-3 Housing Specialist- Senior Full -Time 46,143 47,527 48,478 49,447 1,902 2,00% ENB -8-3 Human Resources Specialist 1V Full-Time 39,246 40,423 41,232 42,056 1,618 2.00% NENB -B -2 industrial Pretreatment Specialist i Fulf -Time New 45,000 45,900 46,818 1,601 2.00% ENB -8-3 Intake Officer /Investigator Full -Time 28,941 29,809 30,405 31,014 1,193 2.00% NCNB -C -2 Internal Auditor Full -Time 50,000 51,500 52,530 53,581 2,061 2,00% NENB -13 -2 Inventory Controf Technician II Full -Time 30,471 31,385 32,013 32,653 1,256 2.00% ENB -B -3 Investigator it Full -Time 33,168 34,163 34,846 35,543 1,367 2.00% ENO-B-3 Investigator IV Fuil -Time 37,395 38,517 39,287 40,073 1,541 2.00% ENB -8-3 Investigator V Full -Time 39,243 40,420 41,229 42,053 1,617 2.00% NENB -5-2 Laboratory Technician Fug-Time 27,676 28,506 29,076 29,658 1,141 2,00% NENB -C -2 License Clerk Full -Time 31,668 32,618 33,270 33,936 1,305 2,00% NENB -B -2 Locator Full -Time 33,660 36,014 ' 36,734 37,469 1,441 2.00% ENB -A -5 Maintenance Foreman It Full -Time 31,297 32,236 32,881 33,538 1,290 2.00% ENB -A -4 Maintenance Manager Full -Time New 50,184 51,166 52,211 2,006 2.00% ENS-A-5 Maintenance Mechanic Supervisor Fuli -Time (4) 46,749 48,151 49,114 50,097 1,927 2,00% EN13-A -5 Maintenance Superintendent Full -Time 52,131 53,695 54,769 55,864 2,149 2.00% ENO-A-4 Manager of Equipment Service Full -Time 49,765 51,258 52,283 53,329 2,051 2.00% ENB -A -4 Manager of Sewer Operations Full -Time 53,268 54,866 55,963 57,063 2,195 2.00% ENB -A -4 Manager of Solid Waste Operations Full -Time 51,188 52,724 53,778 54,854 2,110 2,00% ' ENB -A -4 Manager of Streets Full -Time 51,186 52,724 53,778 54,854 2,110 2.00% ENB -A-4 Manager- Environmental Compliance Full -Time New 54,773 55,868 56,986 2,192 2.00% ENB -A -4 Manager -Parts Maintenance Fult -Time 35,941 37,019 37,760 38,515 1,481 2,00% ENB -B -1 Marketing and Education Curator Full -Time 35,279 36,337 37,064 37,805 1,454 2.00% ENB -B -1 Naturalist Full -Time 29,035 31,000 31,620 32,252 1,240 2,00% ENB -B -2 Network Englneer Full -Time 49,087 50,560 51,571 52,602 2,023 2.00% ENB -A -4 Office Manager Full -Time 30,257 31,165 31,788 32,424 1,247 2.00% ENB -A-4 Operations Manager Full -Time (4) 53 „268 54,866 55,963 57,083 2,195 2.00% ENS-A-5 Operations Supervisor Full -Time New 50,184 51,188 52,211 2,008 2.00% NENB -C -2 Ordinance Violations Bureau Clerk Full-Time 30,355 31,266 31,891 32,529 1,251 2.00% NENB -B -3 Paralegal Full -Time 37,289 38,408 39,176 39,959 1,537 2.00% NENB -F -1 Park Police fI Fult -Time 29,485 30,370 30,977 31,596 1,215 2.00% NENB -A -5 Payrolf Supervisor Full -Time 35,438 36,501 37,231 37,976 1,461 2.00% ENB -A -4 Permits Manager Full -Time 40,140 41,944 42,171 43,015 1,654 2.00% !°V, 2 43 of South Bend, Indiana i Salary Ordinance Setting Maximum Salary Date of Document Job 2007 2008 2009 2014 2010 2010 Cade {2} Job Title Status Sala Sala Salary Salary Salary Salary BI- Weekly °% Increase ENB -B -3 Planner Vf NENB -B -2 Preventative Maintenance Coordinator Full -Time 45,532 46,698 2,0%, 47,836 48,793 Amount (3) 1,877 2.001 ENS A-4 Print Shop Manager Full -Time Full -Time 34,215 35,241 35,946 36,665 1,410 2.001. NEW 9 -B -2 Print Shop Technician Full -Time 39,034 40,205 41,009 41,829 1,609 2.009 ENB -A -5 Program Supervisor Full 32,045 33,006 33,666 34,340 1,321 2.40', ENB -B -2 PrografnmerAnatystI Full -Time 36,899 38,006 38,099 38,766 34,541 1,521 2.00°1, ENB -B -2 Programmer Full -Time 39,242 ectA alystVlystil ENS-B-3 Project Analyst Vl Full -Time 39,732 40,924 410,7042 42,577 1,638 2.00% ENB -e -3 Pro)ectAnalystVlll Ful! -Tints 38,500 39,655 40,446 41,257 1,587 2.00% ENB B-3 Project Inspector f Full -Time 41,600 42,848 43,705 44,578 1,715 , 2.04 /e ENS -B -3 PtoJect Inspector 11 Furf -Time 40,140 41,344 ENB -A-4 Project Manager Full -Time 42,757 44,040 44,921 45,819 1,761 2.00% NENB -F -1 Property /Evidence Custodian Fuil -Time 44,129 45.453 46,362 47,289 1,819 2.00% NENB -F -1 Public Assistance Clerk fl Full -Time New 28,230 Eliminated ENB -A -4 Public Construction Manager Full -Time 25,273 26,031 26,552 27,083 1,042 2.00%1 NI NB -B-3 Public Relations Specialist FUJI -Time 55,000 56,650 57,783 _ 58,939 2,267 2.00. NENB -B -3 Public Works Safety Coordinator Full -Time New 38,000 38,760 39,535 1,52f 1.04/0 ENB -A 4 Purchasing Manager Fufl -Time 41,095 42,328 43,174 NENB -B -2 Quality Assurance Distribution Technician Fuli -Time 52,952 54,541 55,631 56,744 2,1682 2,G0 %o NENB -B -2 Quality Assurance Treatment Technician Full -Time 34,622 35,661 36,374 37,101 1'427 2'00 NENB -B -2 Radio Techician Ill Fulf -Time 37,074 38,186 NENB -B-2 Radio Technician I Full -Time 43,733 45,045 45,946 46,865 1,802 2.00% NENB -B -2 Radio Technician 11 Fufl -Time 39,373 40,554 41,365 42,183 1.623 2.00% Residential Marketin S ecialst new In 2008 9 p ( ) Full -Time 40,663 41,883 42,721 43,575 1,676 2,00% ENS -A -5 Rum Vtlfage Park Supervisor Full -Time Now 55,000 56,100 57,221 2,201 2.00°% ENB -A -4 Safety & Risk Manager Full -Time 32,995 35,200 44,951 35,904 36,622 -3 SCDA Full -Time 46,30a 47,226 48,170 1,853 2.00 ENB -B- Instrument Sate ENB-B -3 SCDA Instrument Specialist Full -Time 31,492 32,437 New 33,085 33,747 1,298 2.00% NENB -C -1 Secretary it Full -Time 47,685 23,568 24,275 48,639 49,611 1,908 2.00°% NENB -C -1 Secretary III NENB Fuff -Time 24,754 25,497 24,761 25,256 971 2.00 -C -1 Secretary IV NENB -C 1 Secretary eftheBoard Fulf -Time 26,270 27,o58 27,599 26,151 020 1,083 2.00 %° NENB -C -1 Secretary V Full -Time Full -Time 37,074 38,186 38,950 39,728 1,528 2 ENB -8-3 Senior CAD Specialist Full-Time 27,677 28,507 29,077 29,659 1,141 2,00% ENS-B-3 SenivrGiS Specialist Fuil -Time 40,140 41,344 41,493 42,738 42,171 43,015 1,654 2.00 °1, NENB -F -1 Senior Property /Evidence Custodian Fui -Time 43,593 44,464 1,710 2.00% EN8-A -5 Signal Supervisor Full -Time 29,725 30,617 31,229 31,854 1,225 2.00% NENB -p -3 Special Events Assistant • Full -Time New 47,685 New 48,639 49,611 1,908 2,00% ENS-A-5 Special Events Supervisor Full -Time 34,512 35,985 35,202 35,91)6 1,381 2.00% NENB -8-3 Stock Room & Safety Coordinator Fuff -Time 37,065 37,806 36,562 1,483 2.00 % ENB -A -5 Superintendent if Full -Time 41,094 42,327 43,173 44,037 1,694 2,00% ENB -A -5 Superintendent ill Fufl -Time 41,257 42,495 43,345 44,211 1,700 2.00% ENB -A -5 Superintendent V Full -Time 42,600 43,878 44,756 45,651 1,756 2.001/ ENB -8-2 System Specialist fl Full -Time 46,749 48,151 44,864 46,219 49,114 50,097 1,927 2.00°1. ENB -8 -2 System Specialist Ill Full -Time 47,731 49,163 47,143 48,086 1,649 2.00%1 EN -B -2 System Specialist Full -Time 52,383 53,954 50,146 51,149 1,967 2.B 00% ENS-A-4 Technical Stage Manager nager Futt -Time 34,000 35,020 55,034 56,134 2,159 2,00% ENB -A -4 Traffic & Lighting Manager Full -Time 51,188 52,724 35,720 36,435 1,401 2 00% ENB -B -2 Utilities System Specialist Full -Time 45,765 53,778 54,854 2,110 2.00% NENB -3 Violence Prevention Coordinator I Full -Time 47,138 48,061 49,042 1,886 2.1101% NENB -8-3 Violence Prevention Coordinator ll Full -Time 29,035 30,120 30,722 31,337 1,205 2,001/ NENB -B -2 Water Treatment Operator -PF Full -Time 32,751 33,734 39,408 35,096 1,350 2,00% NENB -B -3 Water Works Special Projects Coordinator! Full 37,610 38,738 39,513 40,303 1,5501 2.00 %1 NENB -B -3 Water Works Special Projects Coordinator It -Time Fuff -Time 37,074 38,186 40,436 41,651 38,950 Water Quality Specialist (reinstated position -had been deleted in 42,484 43,334 1,667 2.00% 2007) NENB -8-3 Youth Sports Coordinator Full -lime Fult -Time 49,982 50,982 1,961 2.00% ENS -A -5 Youth Supervisor Fuli -Time 29,035 30,120 30,722 31,337 1,205 2.00% NENB-B,3 zoning Specialist Fulf -Time 36,899 38,006 35,250 38,768 1,521 2.00% ENB B --1 Zoo Veterinarian Full -Time 36,308 50,089 51,592 37,034 37,774 1,453 2.0038,581 52,624 53,676 2,064 2.00% Part-Time Positions -Receiving Benefits NENB -D -4 CED Project Coordinator Part-Time 33,351 34,352 35,439 ENB -D -1 Chief City Assistant Attorney Pan -Time 35,739 38,535 39,691 40,485 1,375 2.00% ENB -D -1 City Attorney Part -Time 41,295 51,812 53,366 54,434 1,568 NENB -D -4 Claims Adjuster (with benefits) Part-Time 55,522 37,327 38,447 Elfmirtated 2,135 2.00% ENS-0-1 Deputy City Attorney ill ENB -D -1 Deputy City Attorney IV Pan -Time 33,090 34,083 34,764 35,460 1,364 1 NENB -D -4 Senior Citizen Leader (with benefits) Part -Time Part -Time 42,452 43,726 44,600 45,492 1,750 2.00 %0 20,197 20,803 21,219 21,643 832 2.00% Part-Time Positions Not Receiving Benefits NENB -D2 Crossing Guard Ni N8 -62 Crossing Guard Captain Part-Time 8,695 8,695 8,869 9,046 348 2.00% Part -Time 10,076 10,076 10,278 10,483 403 2,00% Hourly Non - Bargaining - maximum hourly rate (1) Custodian (hourly position) -Moms Performing Arts Center (1) 24.64 25.36 25.89 16.40 4.94 NIA 2.00% (1) 15.24 10.44 10.4 2,00% (1) Poslticns not classified as full -time (2) Job Codes are maintained by the Human Resources Department (3) Bi- Weekly based on 26 pay periods (4) Maximum permissible; departments may pay less than maximum 2010 Pone 3 lI CITY OF SOUTH BEND STEPHEN J. LuEcn, MAYOR DEPARTMENT OF PUBLIC WORKS June 17, 2010 Mr. Derek Dieter, President South Bend Common Council In Re: Ordinance Appropriating $300,000 for Raw Sewage Pump Rehabilitation. Dear President Dieter: The attached ordinance is offered for Council consideration. It deals with a new appropriation from Sewage Works Capital Fund ( #642) under the category of "Treatment and Disposal of Equipment" in the 2010 Sewage Works Capital budget for wastewater. Sufficient monies are in Fund #642 to cover this requested appropriation. The total dollar amount to be appropriated is $ 300,000. These funds will be primarily used to cover rehabilitation and upgrade of the old Raw Sewage Pump # I which was recently replaced. A second of the three raw sewage pumps at the wastewater plant required to meet "firm capacity" requirements in the NPDES permit issued by IDEM to the City has failed and needs replacing. Rebuilding and upgrading the replaced number 1 pump is the most cost effective way to continue to meet this permit requirement. We believe this to be an emergency and appreciate the Council's consideration of this appropriation request. I will make the formal presentations and am available anytime if you have questions. Sincerely, ohn(6�-Ilon Department of Public Works Gary A. Gilot, Director Engineering Carl P. Littrell, P.E. Water Works Central Services Streets l nvirorunental Services 574/235 -9251 574/235 -9251 David Tungate 574/235 -9322 Matt Chlebowski 574/235 -9316 Sam Hensley 574/235 John J. Dillon, Ph.D, Fax 574/ 235 -9171 Fax 574/ 235 -9171 Fax 5741235 -5595 Fax 574/235-9007 -9244 Fax 5741235 -9272 574/277 -8515 Fax 5741277 -89801 [ J. Isf RME)ING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk Approved and signed by me on the - day of o'clock _. m. 2_, at Mayor, City Of South Bend, �Indiana Fffi'l- In F , 17, VTY C�, O�S�� I City of South Bend �VeA ^ Common. Council 1865 441 County -City Building . 227 W Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large June 9, 2010 Members of the South Bend Common Council 41' Floor County City Building South Bend, IN 46601 (574) 235.9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendia.gov Re: Proposed Amendments to the South Beard Human Rights Ordinance Addressing Employment Fairness in the City of South Bend Dear Council Members: We are pleased to introduce for your consideration the attached 18 -page amended ordinance. This amended ordinance would replace the South Bend Human Rights Ordinance currently set forth in Chapter 2, Article 9, Sections 1 -126 through 2- 132.1 of the South Bend Municipal Code. South Bend has a strong history of innovation and resilience, and has adapted to the challenges the city has faced in the last 145 years. Because the economy of South Bend is no longer dependent on a strong manufacturing base, the city has been working to attract more diverse businesses to locate here. If we want to foster entrepreneurship and to attract and retain competitive, innovative businesses, we need to provide the right climate and opportunities for businesses to thrive in South Bend. As a community, South Bend wants to attract the best and the brightest. To do that, we need to be a community where innovative businesses and individuals want to locate. The City of South Bend has committed to invest tens of millions of dollars to support nanoelectronics commercialization. With the development of Innovation and Ignition Parks, South Bend is positioning itself to attract high tech industries and entrepreneurs that can help us live up to our goal of becoming a 215` Century city. When the city discusses promoting economic development, we often focus on tax abatements and policies, the cost of real estate and housing, and educational opportunities. But, to promote diverse economic development, we also need to insure that South Bend is welcoming to a diverse population that fosters creativity and innovation. Such diversity not only includes diversity with regard to race, ethnicity, and religion, but also sexual orientation and gender identity. Employment Fairness Cover Letter - --page 2 High tech businesses are more likely to locate in a business climate that welcomes such diversity. As Gil Casellas, Vice President of Dell, Inc. says, "Diversity and inclusion are critical components in Dell's long -term success.'' Gabrielle Toledano, Executive Vice President of Human Resources at Electronic Arts, Inc. reported "EA holds diversity as a core value. We will continue to work at EA to further enrich our employee population with people with diverse backgrounds and unique perspectives. The diversity of our workforce is what enables us to deliver innovative and industry leading interactive entertainment." In general, the American business community, especially the Fortune 500, values diversity and believes that "providing an inclusive environment isn't just the right thing to do, it also makes business sense" (Jason Buss, Vice President of Ameriprise Financial, Inc). In each of these quotes, the speaker is including sexual orientation and gender identity in the definition of diversity. In fact, 85% of the companies in the Fortune 500 prohibit discrimination on the basis of sexual orientation. In addition to innovative, dynamic businesses, South Bend also needs to attract citizens who can fill knowledge - intensive positions, who are well educated, and who are prepared with new ideas and new technology. These kinds of citizens, who tend to value diversity and individuality, look for communities in which they feel they can be themselves. They are interested in a business environment that provides an inclusive climate, because such a climate is conducive to diverse perspectives that enrich the innovative corporate culture. Successful corporations know this to be true. As Eli Lilly Senior Vice President Bart Peterson wrote, Enhancing our work environment to prohibit discrimination on the basis of sexual orientation and gentler identity has not added any financial cost to our organization. Instead, we believe our philosophy and practice of valuing diversity bring financial benefits in the workplace by encouraging.full and open participation by all employees. Businesses that drive away talented and capable employees are certain to lose their competitive edge, an outcome that we must not accept in this competitive global marketplace. South Bend often loses promising young people to communities they perceive as more forward - thinking cities, and the city has been working to attract and retain young, skilled professionals in a variety of ways. For example, the city has also been working to create urban housing options that will draw more young, skilled residents to the downtown area, and make the downtown a vibrant and exciting place. This will assist the city in attracting and retaining skilled professionals of all ages. We want to be seen as a vibrant, welcoming city. A climate of fairness and nondiscrimination is essential in attracting reputable businesses, as well as talented, capable employees. History of this Issue The Common Council members who are sponsoring the attached amendment are concerned that, despite evidence of discrimination in our city presented over five years ago, the Common Council has not taken action to remedy the situation. In 2005, the South Bend Human Rights Commission asked the Common Council to address issues of discrimination on the basis of sexual orientation Employment Fairness Cover Letter page 3 and gender identity. In 2005 and 2006, members of the Human Rights Commission began discussing concerns about such discrimination at both commission meetings and a commission retreat. The Human Rights Commission sent the Common Council the following statement: "The South Bend Human Rights Commission is an agency of the City of South Bend, Indiana, committed to fair and equal treatment of all human beings. It is the responsibility and during of the Human Rights Commission to make sure that no human being is mistreated based on status, without making value or moral judgments. Gays, lesbians, bisexuals, and transgendered (GLB &T) persons have experienced mistreatment based on their GLB &T status. The South Bend Human Rights Commission supports and encourages the South Bend Common Council to hear from the general public, to explore, investigate and to determine the degree to which GLB &T persons have been treated adversely within the City of South Bend due to their GCB &T status. The South Bend Human Rights Commission further encourages the South Bend Common Council, working cooperatively with the South Bend Human Rights Commission, to create an appropriate remedy." (adopted January 19, 2005) On February 28, 2005, members of the community organization South Bend Equality brought concerns about discrimination to the attention of the South Bend Common Council during Privilege of the Floor. It was reported that individuals in the community were facing discrimination, including unfair treatment in employment. Investigation of the matter was assigned by Council President Charlotte Pfeifer to the council's Personnel and Finance Committee. This committee was selected after conferring with the council attorney, because the Personnel and Finance Committee has financial oversight of the South Bend Human Rights Commission, and the Human Rights Commission reports to this committee. During 2005, Charlotte Pfeifer sponsored a series of community forums to discuss the issue in different districts. Members of the South Bend Human Rights Commission and the Haman Rights Director attended some of these meetings, and they heard concerns from individuals about the effects of discrimination on the basis of sexual orientation and gender identity. On April 11, 2005, the Council's Personnel and Finance Committee reviewed a presentation by South Bend Equality entitled "Evidence of Discrimination against GLBT Individuals in the South Bend Area,'' which is on file in the Office of the City CIerk. On April 19, 2006, Council Members Charlotte Pfeifer and Roland Kelly proposed a broad amendment to the Human Rights Ordinance which would have added sexual orientation and gender identity to the ordinance. The amendments included would have allowed the Human Rights Commission to investigate reports of discrimination on the basis of sexual orientation or gender identity in four areas: employment, education, housing, and public accommodations. The proposed amendment was similar to ones adopted by other Indiana cities, such as Bloomington, Fort Wayne, Indianapolis, Lafayette, Michigan City, Terre Haute, and West Lafayette. Tippecanoe County and Marian County have also adopted similar legislation. Time for public comment on the legislation was provided. Extensive public discussion and debate of the ordinance proposed by Council Members Pfeifer and Kelly were carried out over Employment Fairness Cover Letter page 4 the course of the next months, until a vote on the proposed legislation occurred on July 10, 2006. The amendment was defeated by a close vote: 4 to 5. Recent Developments Related to the Issue After the amendment was defeated, the South Bend Human Rights Commission continued to receive reports of discrimination on the basis of sexual orientation and gender identity. The Human Rights Commission has been unable to provide any assistance to individuals seeking a remedy for this type of discrimination, because they have not been empowered to do so. Citizens have continued to approach the Common Council reporting discrimination and asking for a remedy. On April 27, 2009, a group of college students spoke during Privilege of the Floor, expressing their concern that South Bend is not a welcoming community, and encouraging the Common Council to revisit the issue of amending the Human Rights Ordinance. On May 11, 2009, also during Privilege of the Floor, members of ,South Bend Equality spoke, reminding the Common Council that discrimination in the community was continuing. On June 24, 2009, Mayor Steve Luecke issued an executive order stating that South Bend is committed to equal employment opportunity and will not tolerate discrimination based on sexual orientation and gender identity. The executive order prohibits such discrimination in city employment. The City's Human Resources division is in charge of investigating and resolving allegations. On July 27, 2009, South Bend Equality members once again spoke at Privilege of the Floor during a Council Meeting, presenting more evidence of discrimination, including employment discrimination. It was noted that, as city employees, the members of the Common Council are protected from such discrimination, but that other citizens in South Bend are not, A member of the South Bend Human Rights Commission, Bridget Hardy, presented a set of petitions with the signatures of the majority of South Bend Human Rights Commissioners. The petitions expressed commission members' support for amending the Human Rights Ordinance to include sexual orientation and gender identity. Petitions signed by the Director of the Human Rights Commission, and commission attorneys were also presented to the Common Council Members. It is clear that members of the Human Right Commission and staff are concerned about the inability of the commission to address a known type of discrimination. When the South Bend Common Council considered amending the HRO in 2006, some Council members expressed concerns about potential problems with enforceability, given that broad amendments in other Indiana cities had, at that time, only recently been enacted. Now, several years later, we know that enforceability has not been a problem elsewhere in Indiana. For example, the Indianapolis City - County Council passed a more wide- ranging HRO in 2005. Robert Ransom, of the Division of Equal Opportunity, reported that Indianapolis averages approximately 3 -5 reports of such discrimination per year. All of these cases have been successfully resolved through mediation. No legal challenges have been brought against the city since the Indianapolis ordinance was amended in 2005. Conclusions In summary, the issue of discrimination on the basis of sexual orientation and gender identity has Employment Fairness Cover Letter page 5 been a focus of public concern and debate in South Bend for over five years. Unless they are employed by the city, individuals are at risk to lose a job over their actual or perceived sexual orientation or gender identity. The Common Council can take action to allow the Human Rights Commission to address this discrimination, and it is the opinion of the sponsors of this amendment that the council should do so. Not only will this promote the fair treatment and equality that South Bend wishes to extend to all citizens, but it will also promote the type of climate that is essential in attracting innovative businesses in this competitive global marketplace. Discrimination in all areas is a concern, but any employment decision which impairs a person's ability to earn an honest and fair living in South Bend is troubling. South Bend is committed to the principle that all persons within this City be recruited, hired, developed, promoted, and treated as employees on the basis of individual merit and ability. Guaranteeing this right to all South Bend residents without reference to a person's sexual orientation and gender identity can and should be addressed by amending the South Bend Human Rights ordinance. (Please note this legislation will exclude organizations that are a part of recognized religious institutions.) If the Human Rights Ordinance is amended to prohibit employment discrimination on the basis of sexual orientation and gender identity, individuals will be able to bring allegations of employment discrimination to members of the Human Rights Commission, who can investigate, determine if there is evidence of discrimination, mediate, and try to resolve the issue. Our Human Rights Commission is experienced at this process. The procedures are already in place to handle allegations of employment discrimination. We need only give them the power to investigate cases of sexual orientation or gender identity discrimination in the workplace for them to do so. ber CV^ I" J�k� Ann Puzzello, 4"' District ouncil Member Al "Buddy" Kirsits, C it Member at Large Attachment Cities and Counties that Prohibit Discrimination Based on Sexual Orientation and Gender Identity in Public and Private Employment, By State (Year Effective). State Year Effective State Laws Arizona Colorado Tucson, City of 1999 Connecticut California D.0 Allegheny, County of 2009 Delaware Los Angeles, City of 1979 Hawaii Oakland, City of 2005 Illinois San Diego, City of 2003 Iowa San Francisco, City of 1994 Main San Jose, City of 2002 Maryland Santa Cruz, City of 1992 Massachusetts Santa Cruz, County of 1998 Minnesota West Hollywood, City of 1998 Nevada Colorado New Hampshire Boulder, City of 2000 New Jersey Denver, City of 2001 New Mexico District of Columbia New York Washington, City of 2006 Oregon Florida Rhode Island Broward, County of 2008 Vermont Dunedin, City of 2002 Washington Gainesville, City of 2008 Wisconsin Gulfport, City of 2005 Key West, City of 2003 Lake Worth, City of 2007 Leon, County of 2010 Miami Beach, City of 2004 Monroe, County of 2003 Oakland Park, City of 2007 Palm Beach, County of 2007 Tampa, City of 2009 West Palm Beach, City of 2007 Georgia Atlanta, City of 2000 Decatur, City of 2002 Illinois Bloomington, City of 2002 Carbondale, City of 2005 Champaign, City of 1977 Chicago, City of 2002 Cook, County of 2002 Decatur, City of 2002 DeKalb, City of 2000 Evanston, City of 1997 Peoria, City of 2003 Cities and Counties that Prohibit Discrimination Based on Sexual Orientation and Gender Identity in Public and Private Employment, By State (Year Effective). Springfield, City of 2003 Urbana, City of 1979 Indiana Bloomington, City of 2006 Fort Wayne, City of Michigan City, City of Indianapolis, City of 2005 West Lafayette, City of Tippecanoe, County of Marion, County of 2005 Iowa Council Bluffs, City of 2008 Iowa City, City of 1995 Johnson,County of 2006 Waterloo, City of 2007 Kentucky Covington, City of 2003 Jefferson, County of 1999 Lexington- Fayette, County of 1999 Louisville, City of 1999 Louisiana New Orleans, City of 199$ Massachusetts Boston, City of 2002 Cambridge, City of 1997 Northampton, City of 2005 Maryland Baltimore, City of 2002 Montgomery, County of 2007 Michigan Ann Arbor, City of 1999 Detroit, City of 2008 East Lansing, City of 20Q5 Ferndale, City of 2006 Grand Rapids, City of 1994 Huntington Woods, City of 2002 Kalamazoo, City of 2009 Lansing, City of 2006 Saugatuck Township 2Q07 Saugatuck, City of 2007 Ypsilanti, City of 1997 Minnesota Minneapolis, City of 1975 St. Paul, City of 1990 Missouri Kansas City, City of 2008 University City, City of 2005 Montana Missoula, City of 2010 Cities and Counties that Prohibit Discrimination Based on Sexual Orientation and Gender Identity in Public and Private Employment, By State (Year Effective). New York Albany, City of 2004 Buffalo, City of 2042 Ithaca, City of 2003 New York, City of 2002 Rochester, City of 2001 Suffolk, County of 2001 Tompkins, County of 2005 Ohio Akron, City of 2009 Bowling Green, City of 2008 Cincinnati, City of 2006 Cleveland, City of 2009 Columbus, City of 2008 Dayton, City of 2007 Oxford, City of 2008 Summit, County of 2009 Toledo, City of 1998 Yellow Springs, Village of 2009 Oregon Beaverton, City of 2004 Bend, City of 2004 Benton, County of 1998 Corvallis, City of 2007 Hillsboro, City of 2006 Lake Oswego, City of 2005 Lincoln City 2005 Multnomah, County of 2001 Portland, City of 2000 Salem, City of 2002 Pennsylvania Allentown, City of 2002 Easton, City of 2006 Erie, County of 2002 Harrisburg, City of 1983 Lansdowne, Borough of 2006 New Hope, Borough of 2002 Philadelphia, City of 2002 Pittsburgh, City of 1997 Scranton, City of 2005 State College, Borough of 2007 Swarthmore, City Of 2006 West Chester, Borough of 2006 York, City of 199$ South Carolina Charleston, City Of 2009 Columbia, City Of 2008 Texas Austin, City of 2004 Cities and Counties that Prohibit Discrimination Based on Sexual Orientation and Gender Identity in Public and Private Employment, By State (Year Effective). Dallas, City of 2002 El Paso, City of 2003 Fort Worth, City of 2009 Utah Logan, City of 2010 Park City, City of 2010 Salt Lake, City of 2009 Salt Lake, County of 2010 Washington Burien, City of 2005 King, County of 2005 Olympia, City of ZOOS Seattle, City of 1985 Tacoma, City of 2002 Wisconsin Dane, County of 2001 Madison, City of 2000 Milwaukee, City of 2007 West Virginia Charleston, City of 2007 Ordinance No, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAP'T'ER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, has long been a respected leader in the area of municipal legislation in the State of Indiana, and thus, it has been determined that the current South Bend Human Rights Ordinance should be amended to prohibit employment discrimination based on sexual orientation or gender identity, and to provide remedies for such discrimination occurring within the city limits. Presently, under Mayor Stephen J. Luecke's Executive Order issued in 2009, persons employed by City of South Bend are protected from job discrimination due to sexual orientation, gender identity, and persons employed by the State of Indiana enjoy similar rights under Governor issued Executive Orders. It is fair, reasonable, and appropriate that citizens of South Bend who work for other employers within the City receive the same protection. South Bend is committed to the principle that all persons within this City be recruited, hired, developed, promoted, imd treated as employees on the basis of individual merit and ability, To achieve this objective, -,-)y guaranteeing the right of nondiscrimination in employment without reference to a person's sexual orientation and /or gender identity, it is necessary to amend South Bend's Human Rights Ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows; Section I. Chapter 2, Article 9 of the South Bend Municipal Code shall be amended to read in its entirety as follows: ARTICLE 9. HUMAN RIGHTS ORDINANCE. Sec. 2 -126, Short Title. This article shall be known as the South Bend Human Rights Ordinance. Sec. 2-127.. Purpose. (a) It is t e public policy of the City of South Bend to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition° through purchase or rental of real property including, but not limited to, housing, and to eliminate segregation or separation based on race, religion, color, sex, disability, national g y, gender identity in employment, and familial status in origin or ancestry, sexual . . housing, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property including but not limited to housing are hereby declared to be civil rights. (b) The pxactice of denying these rights to properly qualified persons by reason of race, religion, color, sex, disability, national origin or ancestry, sexual orientation ender identity in he matter ,of employment, or familial status in the case of housing of such person is contrary to the principles of freedom and equal opportunity, and is contradictory to the objectives of the public policy of this City and shall be considered discriminatory practices. The promotion of equal opportunity without regard to race, religion, color, sex, disability, national origin or ancestry, sexual orientation, gender identity in the ,matter of employment or familial status in the case of housing, through reasonable methods is the purpose of this Article. (c) It is also the public policy of this City to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders, builders and lending institutions from unfounded charges of discrimination. Sec, 2-127,1. Prohibited Conduct. (a) No peson shall discriminate against any other person in education, employment, access to public conveniences and accommodations based on race, color, sex, disability, national origin, ancestry, or sexual orientation ender identity-in the matter of employment. Nor shall any person deny any other person equal opportunity for education, employment, access to public conveniences and accommodations based on race, religion, color, sex, disability, national origin, ancestry or. sexual orientation ender identity in the matter of eml2loyment. Such discrimination or denial of equal opportunity shall be an unlawful practice. (b) No person shall refuse to sell or to rent after the making of a bona fide offer; refuse to negotiate fOr the sale or rental or otherwise make unavailable or deny a dwelling; or otherwise discriminate against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's 'race, color, religion, sex, familial status, disability, or national origin. Conduct in violation of this section shall be an unlawful practice. (c) No pe.-son may coerce, intimidate, threaten or interfere with any other person: (I) In the exercise or enjoyment of any right granted or protected by this chapter; or (2) Because the person has exercised or enjoyed, or has aided or encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter. (P.L. 66- 1990, § 2.11' 2 (d) No person shall commit any other discriminatory practices as defined in any other section of this Article, (e) Protections in this Article against discriminator ractices with re and to gender identity and/or sexual orientation shall not apply,to decisions of an employer which is a religious society or order, association organization institution or related entity-when such l2rotections affect the definition,. advancement of the missions practice(s) or beliefs of such religious society or order association or anization institution or related entity charged with the implementation of such decision or decisions and no requirement of this article shall compel any person to act in a manner contrary to that which has been granted specific protection by the United States Supreme _ . _ Dale 530 U 5 640 (2000) Court in Bay Scouts of America and Monmouth Council, et al. v. (-e) (f) This Article shall be construed broadly to effectuate its purpose. Sec. 2 -128,. Definitions. (a) The term "Commission" shall mean the South Bend Human Rights Commission. (b) The term "director" shall mean the Director of the South Bend Human Rights Commission, (c) The terrn "Commission attorney" shall mean the City Attorney or such assistants of the City Attoni.ey as may be assigned to the Commission, or such other attorney as may be engaged by the Commission with the consent of the City Attorney. (d) The team "employee" shall mean any person employed by another for wages or salary; provided, that it should not include any person employed by his or her parents, spouse or child. (e) The term "employer" shall include the City of South Bend, or any department thereof, and any person having six (6) or more employees within the State of Indiana and doing business within the City, except that the term does not include: (I) Any bona fide private membership club (other than a labor organization) which is exeinpt from taxation under Section 501(c) of the Internal Revenue Code of 1951; (2) Any school, educational or charitable institution owned or conducted by or affiliated with a church or religious institution to the extent that the school, educational or charitable institution hires employees of a particular religion; (3) Any office, officer, board, commission, department, division, bureau, committee, fund, agency, and, without limitation by reason of any enumeration herein, any other instfUmentality of the State of Indiana, any hospital, any penal institution and any other institutional enterprise and activity of the State of Indiana, wherever located; the universities supported in whole or in part by State funds; and the Judicial Department of the :Mate of Indiana. 3 (f) The term "employment agency" shall mean any person undertaking, with or without compensation, to procure, recruit; refer or place employees. (g) The term "Iabor organization" shall mean any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning` grievances, terms or conditions of employment or of mutual aid or protection in connection with employment. (h) The term "educational institution" shall mean all public and private schools and training centers except those affiliated with religious institutions, only insofar as they may give preference to members of their religious group in selecting their students, except that they shall not discriminate on the basis of race, color or national origin. (i) The term "discriminatory practice" shall mean the exclusion of a person by another person from equal opportunity or a system which excludes persons from equal opportunity in employment, education, public conveniences and accommodations because of race, religion, color, sex, disability, national origin, er ancestry, or sexual orientation ender identity in the matter of employment. A discriminatory practice also means the refusal to sell or rent after the making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise making unavailable or denying, or otherwise discriminating against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, or national origin. A "discriminatory practice" shall also include the following: 1. Advertising for the sale or rental of a dwelling in a manner that indicates any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national- origin; 2. 'Falsely representing that a dwelling is not available for inspection, sale, or rental based on race, color, religion, sex, disability, familial status, or national origin; 3, Coercion, intimidation, threats, or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by sections 2- 128.1, 2- 128.2, 2- 128.3, 2 -128.4 or 2 -128.5 of this chapter; 4. 3lockbusting' based on representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin; S. Discrimination because of race, color, religion, sex, disability, national origin, or familial status by persons or entities whose business includes engaging in residential real estate transactions in the making of a loan or the granting of financial assistance for residential real estate, in the selling, brokering or appraisal of residential real estate, or by rd the denial of access to or participation in a multiple- listing service or other real estate broker organization or services. Every discriminatory practice relating to the acquisition or sale of real property, education, public accommodations or employment shall be considered unlawful unless it is specifically exempted by this Article. Q) "Public accommodation" shall mean any establishment, organization or authority which caters or offers its services or facilities or goods to the general public, including, but not limited to, motels, hotels, theaters, stores, public restaurants, public library services, and public recreational services and facilities. (k) "Charging party" shall mean any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice or the Director of the Commission with the approval of the full Commission charging that a discriminatory practice was committed against a person other than himself or a class of people in order to vindicate the public policy of the City of South Bend as defined in sections 2 -127, 2- 128.1, 2- 128.2, 2- 128.3, 2 -128.4 and 2 -128.5 of this Article, (1) "Charge" shall mean any written grievances filed by a charging party with the Commission. The original shall be signed and verified before a notary public or other person duly authorized by law to ,idrninister oaths and take acknowledgments; notarial service shall be furnished by the Commission without charge. To be acceptable by the Commission a charge shall be sufficiently complete so as to reflect properly the full name and address of the charging party; the name and address of the respondent against whom the charge is made; the alleged discriminatory practice and a statement of the particulars thereof; if of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as is alleged in the charge, together with a statement as to the status or disposition of such other action. No charge based upon discrimination in housing and housing related transactions as prohibited by this act shall be valid unless filed within one (1) year from the date of the alleged act. No charge based upon any discrimination other than housing and housing related transactions shall be valid unless filed within ninety (90) days from the date of the alleged act, or from the date of the termination, of a published and meaningful grievance procedure provided by a respondent employer, or labor union. (m) 'Respondent" shall mean any person against whom a charge is filed. (n) "Consent agreement" shall mean a formal agreement entered into in lieu of adjudication. (o) "Affirmative action" shall mean those acts which the Commission deems necessary to assure compliance with the South Bend Human Rights Ordinance. (p) The terra "sex" as it applies to segregation or separation in this article shall apply to all types of employment, education, public accommodation and housing. 5 (q) "Disabled" or "disability" means, with respect to a person: (1) A physical or mental impairment that substantially limits one (1) or more of the person's major life activities; (2) A record of having an impairment described in subdivision (1); or (3) -Being regarded as having an impairment described in subdivision (1). The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 US.C. § 802). The term does not include an individual solely because the individual is a transvestite. (r) "Person" means one (1) or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, mutual companies, joint -stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries and other organized groups of persons. (s) "Familial status" means that the person who is the subject of discrimination is: (1) Pregnant; (2) Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person. (A) Is the parent or legal custodian; or (B) Has the written permission of the parent or legal custodian for domicile with that person; or (3) In the process of obtaining legal custody of an individual younger than eighteen (18) years of age. (t) "To rent" includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to ocs:upy premises not owned by the occupant. (u) "Dwelling' means: (1) Any building, structure, or part of a building or structure that is occupied as, or desigred or intended for occupancy as, a residency by one (1) or more families; or (2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision (1). (v) "Secretary" means the Secretary of Housing and Urban Development. no (w) "Gender identit " means an individual having or being.. perceived as having a ender - related self - identity, self-image, appearance, expression or behavior different from those characteristics traditionally associated with the individual's assigned sex at birth. (x1 _ "Sexual orientation" means an individual's actual or perceived identity or ractice as a lesbian woman , gay man bisexual erson or heterosexual person, Sec. 2- 128.1, Prohibited Notices, Statements, Advertisements, or Representations in ]Housing. (a) A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination. (b) A person may not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection, for sale, or rental when the dwelling is so available. (c) A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by represe-.:tations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, sex, disability, religion, familial status or national origin.. Sec. 2- 12$:2. wed Disability Discrimination in Housing. (a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter, nor may a person discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of: (1) The buyer or renter or person; (2) '-A person residing in or intending to reside in the dwelling after the dwelling is sold, rent--d. or made available; or (3) • Any person associated with the buyer or renter or person. (b) For purposes of this section only, discrimination includes the following: (1) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises. (2) A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling. 7 (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that: (A) The public use and common use parts of the dwellings are readily accessible to and usable by disabled persons; (B) All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by disabled persons in wheelchairs; and (C) All premises within the dwellings contain the following features of adaptive design: 1. An accessible route into and through the dwelling; 2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; 3. Reinforcements in bathroom walls to allow later installation of grab bars; and 4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. (c) As used in subsection (b), "covered multifamily dwellings" means: (1) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and (2) Ground floor units in other buildings consisting of four (4) or more units. (d) Compliance with the rules of the fire prevention and building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (ANS1A117.1) satisfies the requirements of subsection (b)(3)(C). (e) This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. [P,L. 66 -1990, § 2.1 Sec. 2- 128.3. Loans or Financial Assistance. (a) As used in this section, "residential real estate related transaction" means the following: (1) Making or purchasing loans or providing other financial assistance: (A) To purchase, construct, improve, repair, or maintain a dwelling; or (B) Secured by residential real estate. (2) Selling, brokering, or appraising residential real property. (b) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available, or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, or national origin. [P.L. 66 -1190, § 2.] Sec. 2- 128.4. Brokers' Organizations, Services, or Facilities. A person may not deny any person access to, or membership or participation in, a multiple - listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, handicap, familial status, or national origin. [P.L. 66 -1990, § 2.] Sec. 2128.5. Elderly Housing Exception to Discrimination Based on Familial Status. (a) The denial of housing rights and opportunities based on familial status as prohibited by this article shall not apply to housing intended for and solely occupied by persons over sixty -two (62) years of age or older or which is designed and operated to assist elderly persons under a federal or state program. If there are persons living in such housing under age sixty -two (62), this exception applies provided that: (1) All occupants after September 13, 1988 are at least sixty -two (62) years old; (2) Any unoccupied units are reserved for occupancy by persons at least sixty -two (62) years old; and (3) -Any persons under age sixty -two (62) occupying said housing after September 13, 1988 are employees of the housing and their family members residing in the same unit, and such employees perform substantial duties directly related to the management or maintenance of the housing. (b) The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development. I See. 2- 128.6. Single- Family and Small Unit Exception. (a) Except for the prohibition against the malting, printing or publishing of a sale or rental notice containing discriminatory preference or limitation as set forth in section 2- 128,1(a) of this article, no ether prohibition concerning housing or housing related practices shall apply to. (1) 'Any single - family house sold or rented by an owner: Provided, that such private individual owner does not own more than three (3) such single - family houses at any one time, Provided further, that in the case of the sale of any such single - family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty -four- month period: Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single - family houses at any one time, Provided further, that after December 31, 1969, the sale or rental of any such single- family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 2- 128.1(a) of this article; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necwssary to perfect or transfer the title; or (2) ' Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) The determination of whether any housing unit falls within the exception created by this section shat[ be made by the Commission and shall be consistent with any determinations already made by thv Secretary of Housing and Urban Development, Sec. 2 -129. Human Rights Commission Created, Composition; Tenure of Members, Filling Vacancies; Removal, Compensation, (a) There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community. (b) Successors to all members of the Commission shall be appointed for terms of four (4) years, except when appointed to fill a vacancy, in which case such appointment shall be for the unexpired term. 10 (c) Members of the Commission maybe removed by the appointing authority for just cause. All members o* the Commission shall serve without compensation. Sec. 2 -130. Appointment of Members, Quorum; Election of Officers; Meetings; Concurrence of Majority Requires! for Action. (a) Six (6) members shall be appointed by the Mayor and three (3) members shall be appointed by the President of the Common Council. Each appointment shall be for a term of four (4) years. In the event of death or resignation of any member, his successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed. Members of the Commission may be removed by the appointing authority for just cause. All members of the Commission shall serve without compensation and any five (5) members shall constitute a quorum. (b) The Commission shall elect from its membership once each year a chair, vice -chair and secretary. (c) The Commission shall hold one (1) regular meeting each month and such special meetings as the chair may deem necessary. (d) It shall take the concurrence of a majority of the Commission membership to take legal or official action, except that a determination of probable cause may be based upon a concurrence of a majority of Commissioners voting upon the case excluding members abstaining. Sec. 2 -131. Powers and Duties of Commission. The Commission is empowered to and shall do the following: (a) Establish and maintain a permanent office in the City of South Bend. (b) Recommend to the Mayor for appointment an executive director, or such personnel as it may deem necessary, and to prescribe their duties. (c) Adopt. promulgate, amend and rescind such rules and regulations, procedural and substantive, as may be consistent with the provisions of this article and state laws. Such rules and regulations shall be adopted in accordance with the provisions of this article as it may hereafter be amended. (d) Formuiate policies to effectuate the purposes of this article and make recommendations to the City to effectuate such policies. The several departments, commissions, boards, authorities, divisions, bureaus and officers of the City may furnish the Commission, upon its request, all records, papers, and information in their possession relating to any matter before the Commission. 11 (e) Receive and investigate charges of discriminatory practices. The Commission shall not hold hearings in the absence of a charge as herein defined. All investigations of charges shall be conducted by staff members of the Commission. (f) Issue st,ich publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin or ancestry, sexual orientation ender identity in the matter of em to ment, or familial status in the case of housing. (g) Prepare and issue a report annually to the Common Council and Mayor, describing in detail the investigation and conciliation proceedings it has conducted and their outcome, the progress made and any other work performed and achievements towards the elimination of discrimination. (h) Prevent any person from discharging, expelling or otherwise discriminating against any other person because he filed a charge or has testified in any hearing before this Commission, or has in any way assisted the Commission in any matter under investigation. (i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include but not be lim�ied to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time, Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of South Bend at a location determined by the Commission. A citation of contempt racy be issued upon application by the Commission to the circuit or superior court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business. (1) 'The Commission shall state its finding of fact after a hearing, and, if the Commission finds a person has engaged in an unlawful discriminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this article, including but not limited to the power to restore charging party's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice. The Commission may require the posting of notice setting forth the public policy of Indiana concerning civil rights and the respondent's compliance with said policy in places of public accommodations; and it may regr.iire proof of compliance to be filed by the respondent at periodic intervals. 12 (A) Except in housing cases which are separately treated in sub -part (C) of this section, the Commission may impose a penalty upon any respondent of one thousand five hundred dollars ($1,500.00) for the first and second violation of this article within a five -year period, and may further impose a penalty of two thousand five hundred dollars ($2,500.00) for three (3) or more violations of this article within a five -year period. (B) When applied to discrimination in employment, the Commission shall also have power, to the extent consistent with state law , to restore charging party's losses by awarding damages including wages, salary, commissions, fringe benefits in an amount not to exceed that lost over a two -year period. For discrimination in employment and housing, the Commission shall also have the power, to the extent consistent with state law, to award damages which will compensate charging party for future pecuniary loss, emotional pain, suffering, inconvenience, anguish, loss of enjoyment of life and other non - pecuniary losses, costs and attorney fees. (C) To vindicate the public interest in cases of housing discrimination, the Commission may assess a civil penalty of two thousand five hundred dollars ($2,500.00) for each commission of a discriminatory housing practice. (D) The Commission may sue to recover a civil penalty due under this section. (P.L. 66 -1990, § 2.] (2) Judicial review of any decision of the Commission as referred to in this article may be obtained under IC 4- 21.5 -1 in the same manner as if the decision was that of a State agency. However, only in those cases involving discriminatory housing practices as prohibited by this Chapter, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have decided in a civil action those claims asserted in a finding of probable cause. Such election must be made not later than twenty (20) days after the date of receipt by the electing person of service under this chapter, and such person shall give written notice to the Commission and all other complainants and respondents to whom the finding of probable cause relates. Such civil action shall be filed in the circuit or superior court of St. Joseph County or any other court of proper jurisdiction, and if the court finds that a discriminatory housing practice has occurred or is al out to occur, the court may grant any relief appropriate in a civil action under this Article or IC 22- 9.5 -8.1 -2 or as authorized by the Civil Rights Act of 1991, or the federal Fair Housing Act. (3) In those cases involving discriminatory housing practices as prohibited by this Act where final adjudicative Commission action is in favor of the charging party, the charging party shall be permitted to have damages determined in the circuit of superior court of St. Joseph County or any other court of proper jurisdiction having the power to award punitive damages as allowed by the Fair Housing Act. Charging parties shall make such a request to the Commission in writing within five (5) days from the notice of final Coiiimission action, which notice shall advise charging party of this right to damage 13 determination, and the Commission shall represent charging party at the Commission's expense in such court action for damages. The Commission shall seek such a judicial determination of damages within one (1) year of the alleged discriminatory housing practice. If it is impracticable for the Commission to seek such a determination within one (1) year of the alleged discriminatory act, it shall notify charging party and respondent in writing of its reasons for not doing so, and shall undertake such judicial determination as soon as practicable. 0) Reduce.the terms of conciliation agreed to by the parties to a writing to be called a "consent agreement' .which the parties and a majority of the Commissioners shall sign and when so signed the consent. agreement shall have the same effect as a final decision of the Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing that the party is subject to the Commission's jurisdiction. (k) Institute actions in the St. Joseph Superior or Circuit Court for appropriate or equitable relief. (1) Transfer cases to the Indiana Civil Rights Commission or to an appropriate federal agency and to receive cases transferred from the Indiana Civil Rights Commission or from an appropriate federal agency. The South Bend Human Rights Commission shall proceed to act on any case t6iisferred to it from the Indiana Civil Rights Commission as if the case had been originally Ailed with the South Bend Human Rights Commission as of the date the charge was filed with the Indiana Civil Rights Commission. See. 2 -132. Discrimination in Performance of City Contracts, Every contract to which the City is a party, including franchises granted to the public utilities, shall contain a provision requiring the contractor and his subcontractor not to discriminate against any employee or applicant for employment who is to be employed in the performance of such contracts with respect to his hire, tenure, terms, conditions or privileges of employment, because of his race, religion, color, sex, handicap, sexual orientation, gender identity, national origin or ancestry. Breach of this covenant may be considered a material breach of the contract. Sec. 2 -I32.L Private Enforcement. This section may be enforced by an aggrieved charging party through the commencement of an action in the St. Joseph County Circuit or Superior Court or any other court of proper jurisdiction not less than one (1) year after the occurrence or termination of the alleged discriminatory practice. Section II, Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinzmce 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. 14 Section III. This ordinance shall be in full force and effect from and after is passage by the Common Council, approval by the Mayor and legal publication. Attest: John Voorde, City Clerk Member, South Bend Common uncil Presented by me to Stephen J, Luecke, the Mayor of the City of South Bend, Indiana, on the __ day of , 2006, at o'clock in, Janice Talboom, Deputy Clerk Approved and signed by me on the day of o'clock .m. READING PuaL {c 3 td RENDING t 10T k.PPPOVED RlF[iiRED. PASSED 2006, at Stephen J. Luecke Mayor of the City of South Bend, Indiana 15 Rsd In Clerk's ()f`_'Cq E JUN E2010 JOHN VOORrIE Clrf IN. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 5, LOUISE BERKHEISER, 60601 SOUTH MAIN STREET, SOUTH BEND, INDIANA 46614 STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation of .2169 acres located in Centre Township, St. Joseph County, Indiana, has been filed by 100% of the owner of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1 /8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Lot 33 & N 30' lot 34 Gillmeers So Michigan Add. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Dt�'�- V_� (J-;a; Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 at o'clock m. Mayor of the City of South Bend Filed In ClOrk's n ® ?;r,�;� APR 2 2010 rc; P1A.D!s`v;G jotjt! vOOPOE ! OT A"MR OVZD CITY CLERK, 5l, CENI),1% PASSED TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 23 -10 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 5, LOUISE BERKHEISER, 60601 SOUTH MAIN STREET, SOUTH BEND, INDIANA, 46614 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole III. SAMPLE PETITION FOR ANNEXATION PETITION OR THE F BEND INDIANA INTO THE CITY OOuTH N e a lication to the Common Council of the Cary of South Bend, I (we) the undersigned, make pP of South Bend, Indiana, for land in annexation of land to the Indiana, and in support of which Petition Indiana, for the voluntary Township, St. Joseph County, allege(s) and affirm(s) as follows: "petitioner' or "petitioners") of a parcel of 1) ('We) am /are the owner(s) (hereinafter land more particularly described in Exhibit that the parcel be annexed to the City of South Bend, Indiana, by 2) Petitioners) desire t proper ordinance. signed b at least one - hundred percent (100%) of the owners of the 3) This Petition is sign ht to be annexed land in the territory sou S ht to e annexed is generally located at: 4) The property song Q g, �1air► � r��8 5) The Property Tax Key Number is � me and address of the contingent purchaser(s), if applicable, is /are: 6) The na rrentl has the following use(s) on it: �eSl�en� -;�•� 7) The parcel is .2 � acres in sire and cu Y g) The parcel will be used for the following use(s):�2�i����`q� 9) The number of current residents in the annexation area: 10) The anticipated "build -out " y ear for the project: 11) The proposed number of parcels: 12) The proposed miles of new roadways: of all property owner(s), or Attorney for all property owner(s) The signature( s ) Signed:- la" -9, Signed: 142, Address:. (aO(pQI IIJ4,k, -1 -� '�, A - 5L, Address: 0 0 N en, T-4 q�050& Phone Number: I q) 'Z,9 I- C) Phone Number: �51-q) Name, Address & Phone Number of Contact Person/Preparer (Please print): q�50� (5-IL-0 �3, 6-1-os -S- Feed fn OffICO APR 2 220-10% CITV CL -- L RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA FOR THE PROPERTY LO BOARD ED OF ZONING APPEALS 850 FELLOWS ST., SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions f give notice Of Zoning Appeals for approval or disapproval; and ns from the Board WHEREAS, the Common Council must take action within sixty Zoning Appeals makes its recommendation to the Council; and (64) days after the Board of WHEREAS, the Common Council is required to make a determination requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and �n writing an such WHEREAS, the Area Board of Zoning Appeals has made a recommendation, applicable state law. endation, pursuant to NOW, THEREFpRE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA as follows: COMMON COUNCIL OF THE SECTION L The Common Council has provided notice of the hearing Area Board of Zoning Appeals pursuant to Indiana Code Section 5 -14 on the Petition from the Special Exception be granted for the property located at: 1.5-5, requesting that a 850 Fellows St., South Bend, Indiana 46601-3121 in order to permit Special Exception Uses for a Wrecker Service ursu section 21- 04,02(a)(2)(B)(i) and for outdoor storage or operation s/ to zoning ordinance Pursuant to section 21- 04.02(b)(I0)(c)(ii). on 70% of the total lot area SECTION II. Following a presentation by the Petitioner, and after Common Council hereby approves the petition of the Are Board of Zoning which is on file in the Office of the City ublic hearing, the ty Clerk. onmg Appeals, a copy of SECTION IIL The Common Council of the City of South Bend Indiana, hereby finds that: l . The proposed use will not be inj moral standards, convenience or general to the public health to al welfare; 'safety, comfort, communi, 2. The Proposed use will not injure or adverse] Property values therein; Y affect the use of the adjacent area or 3. The proposed use will be consistent with the character and the land uses authorized therein; of the district in which it is Iocated 4. The proposed use is compatible with the recommend Comprehensive plan, ations of the City of South Bend SECTION IVo Approval is subject to the Petitioner co established by the Area Board "Zoning Appeals on with the reasonable conditions PPeals which are on fle in the office of the City Clerk. SECTION V. The Resolution shall be in full force and Common Council and approval by the Mayor. effect from and after its adoption by the �. �3 Member of the Co l D Co uncil } Cw NOT APPROVfa :, DOPT EO ............. '01 "T h�iAY - 7 2410 SAM MIRKIN DAVID L. MIRKIN * 'Arco LICpNSED rx UTC -MOAN A41RKIN LAW 0,,,, ES AT LAW ? P.C. I I2 WES JEFFERSON BOULEVARD wELLB FARGO BANK BwLDjNC ;, SUITE 400 SOU T" BENS], INDIANA 46601 May 7, 2010 Board of Zoning Appeals City of South Bend 125 S. Lafayette Blvd., Suite 100 South Bend, IN 46601 Re: Petition for Special Exception Use at 850 Fellows Street Dear Ladies & Gentlemen: TaEPHONE: (574) 232 -3393 FAX. (574) 232 -7730 E-MAIL: &n&kin@nli k"aw.com This Petition for Special Exception Uses and Variances is bei 1530 S. Walnut Street, South Bend, IN 46619, telephone: 574-289-8994. ng submitted byLTODD, LLC The property in question is commonly known as 80 3121. The legal description and tax identification numb rs Fellows Street, South Bend s are attached. ' IN 46601 - The property is owned by Bead, IN 46601 -3121, telephone 574 -287 2827 Canstruction Inc. 850 Fellows Street S Stull. ouch LTODD, LLC is a contingent purchaser of the property, Y Its members are Todd and Lora This Petition requests a Special Exception Use for the property Service pursuant to Zonin to be Operations on 70% of the total Ordinance area ea pursuant to Z 1 .04.02 a used for a Wrecker ( )(2)(B)G) and for outdoor storage or Zoning Ordinance Section 21- 04.02(b)(10 C ii . This Petition requests the following Variances in orderfor the )( )( } in its current condition: e property to continue to be used A Variance from the 3 0 foot front setback requirement on t property pursuant to Ordinance Section 2 i -04.02 b 2 he Vest side of the the warehouse located on this property within this setback to 0 feet t° accommodate 2. A Variance from the 30 foot front setback requirement on the east side of the property pursuant to Ordinance Section 21- 04A2(b)(2)(A) to 0 feet to accommodate the two buildings located on this property within this setback. 3. A Variance from the 10 foot side yard setback on the south side of the property pursuant to Ordinance Section 21- 04.02(b)(2)(B) to 0 feet to accommodate the warehouse located on this property within this setback. 4. A Variance from all required landscaping pursuant to Ordinance Section 21- 07.01 to current landscaping. 5. A Variance from Ordinance Section 21- 04.02(b)(10)(B)(ii)(a) to allow outdoor storage everywhere within the fenced area of the property indicated on the Site Plan. These Special Exception Uses and Variances are necessary so Rylynn, Inc., d /b /a Bestway Towing, can conduct its towing operations as a Wrecker Service on the property. Bestway Towing is owned by Todd and Lora Stull. The Variances are necessary because the property is being rezoned from Light Industrial District to General Industrial District, and variances are necessary so the property can continue to be used in its current condition. These Special Exception Uses and Variances are also necessary so Bestway Towing can store towed vehicles on 70% of the property. The proposed Special Exception Uses and Variances will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare. Bestway Towing provides towing services for vehicles. Bestway Towing has conducted its activities for many years without incident. Allowing a vehicle towing and storage service is safe and appropriate. The current condition of the property is not being changed. The proposed Special Exception Uses and Variances will not injure or adversely affect the use of the adjacent area or property values therein. Adjacent properties are used for industrial companies, warehousing, and similar uses. A vehicle towing and storage business will pose no harm to adjoining businesses. The property's current condition will not be changed. The proposed Special Exception Uses and Variances will be consistent with the character of the district in which it is located and the land uses authorized therein. A Petition for Rezoning from Light Industrial District to General Industrial District has been filed and will be heard by the Area Plan Commission at its June 15, 2010 meeting. South Bend's zoning ordinance regarding General Board of Zoning Appeals May 7, 2010 Page 3 Industrial Districts specifically contemplates allowing a Special Exception Use for a Wrecker Service and for storage on more than 50% of the property. Other businesses on adjoining properties are similar in character and economic activity. The proposed Special Exception Uses and Variances are compatible with the recommendations of the City of South Bend Comprehensive Plan, in that it supports economic development and activity and will be beneficial to the community. The City of South Bend has directed LTODD, LLC to this property and supports this petition. The property is currently not being used by an active business. Strict application of the terms of the Ordinance will result in practical difficulties of the use of the property because it would require the current warehouse to be torn down, and would make development and use of the property too costly. This Petition is being presented by Attorney David L. Mirkin, Mirkin Law Offices, P.C., 112 W. Jefferson Blvd., Wells Fargo Bank Bldg., Suite 400, South Bend, IN 46601, telephone (574) 232- 3393, on behalf of LTODD, LLC. As noted above, the property is currently zoned LI Light Industrial District. It is located in Portage Township. A Petition to Rezone the property to GI General .Industrial District is pending before the Area Plan Commission and the Common Council. Respectfully submitted, p)-z'�nL4\1 David L. Mirkin DLM:pjw PARCELID I NAME_? IMAILINGADDI MAILINGCIT I MAILINGSTAI MAILINGZIP MOSSBERG & 301 E Sample 018 -3024 -0899 COMPANY INC St South Bend IN 46601 TOROK WILLIAM 17940 Drury 018- 3024 -0901 A JR Lane Granger IN 46530 CURTIS 018 - 3092 -3513 PRODUCTS INC P 0 Box 1107 South Bend IN A9,CV). 018- 3092 -3504 IPAI PROPERTIESIP 0 Box 30 South Bend IIN 018 -3024 -0897 FAMILY & 018 -3024 -0898 CHILDRENS CENTER 018- 3024 -0000 PROPERTY MANAGEMENT 1411 018 -7009 -0360 INC St South Bend IN CENTER INC Lincolnway W Mishawaka IN CITY OF SOUTH BEND 1018-7018-0754 DEPARTMENT OF REDEVELOPMEN 1200 County T City Building South Bend IN CITY OF SOUTH BEND DEPARTMENT OF 018- 7018 -0753 REDEVELOPMEN 1200 County - T City Building South Bend W 018- 3036 -1366 SEGO JAMES 501 E Sample RAY JR St South Bend IN 018-3035- CITY OF SO 133301 BEND DEPT OF 1200 County REDEVEL City Bldg South Send IN 018 -3024 -0897 MOSSBERG AND 301 E Sample COMPANY INC St South Bend II` 018 -3024 -0898 MOSSBERG AND 301 E Sample COMPANY INC St South Bend IN 018- 3024 -0000 MOSSBERG $ 301 E Sample COMPANY INC St South Bend IN 46601 4660 4660 4660 4660 46601 r 1 IAKt3UH 802 Fellows [018-3032-1216 METALS LLC St South Bend IN 46£ H G CHRISTMAN CONSTRUCTION 018- 3036 -1365 CO. INC P 0 Box 4117 South Bend IN 466 018 -3035- CITY OF SOUTH 1300 County 132301 BI=ND City Building South Bend IN 466C MOSSBERG AND 301 E Sample 018- 3024 -0869 COMPANY INC. St South Bend IN 4660 CITY OF SOUTH BEND DEPARTMENT 018 -3032- OF 124901 �EDEVELOPMEN . County City Bldg South Bend IN 46601 CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMEN . County City 018- 3032 -1249 T Bldg South Bend IN 46601 CITY OF SO BEND DEPT OF 018- 3032 -1250 REDEVEL Co -City Bldg South Bend IN 46601 CITY OF SOUTH BEND DEPT OF 018- 3032 -1251 REDEVELpPMEN Blddogunty City South Bend IN 46601 018 -3024- CURTIS 090101 PRODUCTS INC P 0 Box 1107 South Bend IN 46624 HARBOR 802S 018-3092 -3512 METALS LLC FELLOWS South Bend IN 46601 HABITAT FOR HUMANITY OF ST JOSEPH 402 E SOUTH 018- 7008 -0300 COUNTY INC ST South Bend IN 46601 ART MOSIAC AND TILE 018- 3092 -3508 COMPANY OF SB 844 S Rush South Bend IN daan� 018- 3092 -3506 IPA) PROPERTIES1PO BOX 30 South Bend IIN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 June 3, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for LTODD, LLC ABZA 6/2/10 Dear Council Members: The above referenced petition of LTODD, LLC was legally advertised on May 13, 2010. The Area Board of Zoning Appeals gave it a public hearing on June 2, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a wrecker service and for outdoor storage of operations on 70% of the total lot area in a "GI" General Industrial District, on property located at 850 Fellows Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB /cah LTODD, LLC SPECIAL EXCEPTION PURSUANT 21- 09.3(10 AREA BOARD OF ZONING APPEALS FINDINGS OF FACT I. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH. SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic_ and parking regulations as to 1101 being injurious to the public health, safety, morals, and general welfare of the community.. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN' BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DIS7'RICT IN WHICI- IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPkEHEN'SIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviatin; from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THERE -FORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 2T%1D Day of JUNE, 2010. YES NO _ _ ® MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK YOUNG .ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN MIRKIN LAW OFFICFS, P.C. ATTORNEYS AT LAw 112 WES'r JEFFERSON BouuvARD WELLS FARGo BANK BUILDING, SUITE 400 Sou'rx BEND, INDLkNA 46601 SAM MIRKIN DAVID L. MIRKIN" *AISo LiaNm IN MICHIGAN June 7, 2010 Ms. Janice Talboom Office of the City Clerk County -City Building, Rounl 455 227 W. Jefferson Blvd, South Bend, IN 46601 -1830 Re: 850 Fellows Dear Janice: TELEPHONE: (574) 232 -3393 FAX: (574) 232 -7730 F,mAm: dmirkin @mirkinlaw.com Confirming our telephone discussion on Thursday, it is my understanding that the Special Exception Use will be tabled on June 28 and rescheduled for July 12, when the rezoning will actually be heard. Please let me know if my understanding is incorrect in any way, or if there is anything else that I need to do to get this done. Thank you for your assistance. V truly yours, J' David L.: Mirkin DLM.pjw cc: Mr. Charles Bulot, Building Department Mr. Derek Spiers, Area Plan Commission Mr. Todd Stull Mr. Abe Marcus RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LO'T'S NO. 14 & 15 ON VORDEN PARKWAY ADJACENT TO 3751 OLIVE ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL, PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration, and WHEREAS, a Declaratory Resolution designated the area commonly known as Lots No. 14 & 15 on Vorden Parkway adjacent to 3751 Olive Road, South Bend, Indiana, and which is more particularly described as follows: Lots 14 & 15 B W Business Park Major Sub 02 -03 New Replat 4013-16-2001 and which has Key Numbers 031 - 1036. 0590.12 {Lot No.] 4) and 031 -1036 - 0590.13 (Lot No. 15), be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 e_t se Q. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. ADO e : r "i Member of the Common Counci ,ate. gut tslLlF,,ti4`'.i WIWI Fife In CIV'k's Office F JUN 2010 jo-H r�OOMDE C17 CU;''.;', Flo. �. "; 1, !N. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, .INDIANA, COMMONLY KNOWN AS 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR MC CORMICK AND COMPANY, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3425 West Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: 8.44 AC Tract; Mid PT S Side SE t/ Beg 990' W & 40'N of SE Cor SE SEC 28- 38 -2E. and which has Key Number 025 - 1010 - 0403.01, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12,1 et sea.. and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et m., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION 1I. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits farm completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to nine (9) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 0,:SCN ED (o -t-(- .... ) NOT APKICIVE ADOPTNf Member of the Common Co cil 1200 CouNTY -CITY BTY1WING 227 W. JEFFERSON BouuvARD SOUrH BENo, INDLwA 46641 -1830 PHONE 5741235 -9371 FAX 5741235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYoR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNFY Exfcunw DIRECTOR July 2, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property & Personal Property Tax Abatement Petitions for: MC CORMICK AND COMPANY, INC. (Bill Nos, 10 -28 & 10 -29) Dear Council Member Rouse: Consideration of the Designating Resolutions for the subject petitions was scheduled for Monday, June 14, 2010. However, prior to that meeting the Petitioner requested additional time to review their petitions and reconsider some of the projections related to their project that they made. Consideration of the Designating Resolutions was continued indefinitely until further notice would be received from McCormick. The company has completed its review and submitted revised petitions. The only change made on both petitions is the number of employees to be retained was reduced from 125 to 123. However, the total annual wages increased from $5,802,988 to $6,288,998. The size of the project has not changed and the total estimated costs for the construction and for the equipment portions of the project have remained unchanged. In addition, because the Petitioner is still in the early stages of its planning process it does not have a firm list of construction contractors, subcontractors and suppliers. Therefore, a range of public benefit points and years was estimated for the length of the company's real property tax abatement term. The estimated points and the range of years have not changed. Finally, neither the estimated taxes to be paid nor the estimated taxes to be abated have changed for either petition. A copy of the revised petitions and updated versions of my staff reports are attached for the two tax abatements. A representative of the Petitioner will be available to meet with the Council's Community and Economic Development Committee at its afternoon meeting on Monday, July 12, 2010 and with the full Council at its public meeting on that same date. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYFA DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIXASEiH LEONARD FAX: 5741235 -9697 5741235 -9371 South Bend Common Council Community & Economic Development Committee RE: Tax abatements for McCormick and Company, Inc. July 2, 2010 Page 2 Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, -xr-4 Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 1200 CouNTY -Cm BUILDING 227 W. 7EFFERsoN BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -937I FAx 574/235 -9421 TDD 574/ 235 -5567 CITY OF SouT'H BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY v GIBNEY EXECUTIVE DIRECTOR TAX ABA TEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: MC CORMICK AND COMPANY, INC. DATE: July 2, 2010 On July 2, 2010, a revised petition for personal property tax abatement consideration for property located at 3425 West Lathrop Drive was filed with the City Clerk by McCormick and Company, Incorporated. The original petition was submitted on May 11, 2010. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to LC.6 -1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY McCormick and Company is proposing to construct and equip an approximate 50,000 square foot addition to their manufacturing facility. The addition will house a distribution operation for the products the company makes. The company's products include condiments (ketchup, mustard, salad dressing, etc.) for major restaurant chains. The company is weighing where to locate the proposed addition. Sites in Michigan, Illinois and other states where McCormick has manufacturing /distribution facilities are also being considered. The equipment to be purchased includes fork lifts, coolers, racking, computers, and furniture and fixtures. The estimated cost of the equipment is $875,173. The addition's construction is estimated to cost $5,010,913. A real property tax abatement application is being submitted as part of the total project. The total project cost is estimated to be $5,886,086. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E, INKS MANAGEMENT 5741235 -9660 5741235 -9371 FLIZABE 4 LaoNARD FAX: 574/235 -9697 5741235 -9371 South Bend Common Council RE: Tax Abatement for McCormick and Company, Inc, July 2, 2010 Page 2 For the personal property portion of the project, total taxes to be abated during the (5) five -year abatement period are estimated at $6,471. Total additional taxes to be aid as a result of the project during the five -year abatement period are estimated at $66,230. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create five (5) new, permanent, full -time jobs within the first year of the project representing a new annual payroll of approximately $177,247. The project will retain one hundred twenty -three (123) existing permanent, full -time jobs (of which 30 are minority employees) with an annual payroll of $6,288,998. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner has been granted or been associated with one (1) previous tax abatement as shown below. In addition, at this time the firm is also petitioning for a real property tax abatement. Tenn /Type Resolution No. 5 -year personal property 3598 -06 Date 6/12/2006 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the Petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. 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STATEMENT OF BENEFITS PERSONAL PROPERTY Mate Form 51764 (R 11-48) Prescnbed by the Aepartment of local Government Hied in CWR's OffiC® JUL m 2 2014 JOHN VOOPL•E CM CLERK, $0, BEND, IN.— FORM 58 -1 / PP PR(VACY NOTICE The coat and any spedrlc Individual's salary Inb7nallon is oonfldenfer the betanoe O(trre fiinngg is public record INSTRUCTlON5; -Par FC 61.1.12,7-5,1 c and (d). 1. This steternent muss be submitted to the body designating the Economic Revitalization Area prior to the public hearing If the designating body requires Infbnrlatlon from the applicant in making its decision about whether to designate an Economic RavileNrellon Area, otherwise this statement must be sub ad to the destgnatirrg body BEFORE a person installs the new manufacftrrfng equipment and/or research and development equipment, and/or logistical distribution equipment and/or kNormation technology equipment for which the person wishes to claim a deduction. 'Protects• planned or committed to alterJuty 1, 19117, and areas designated after Judy 1, 19497, require a STATEMENT OF BENEFITS, (IC 6 -1.1 -17.1) 2 Approval of the designating body (City Councll, Town Board, County Counco etc.) must be obtained prior to klsleNallon of the new manufacturing equipment bgd��rch and development equipment and /or log/adeal distribution equipment and/or Information technology equip BEFORE a deduction may 3. To obtain a deduction, a person must Ale a eerAAad deduction schedule with the parson's personal property return an a car(Mad deduction achaduie (Form f03-ERA) with the township assessor of the township where the property is situated. The 103 -ERA must be Alai between March f and May 15 of the assessment year in which now manufacturing equipment and/or research and development equipment and /nr logistical distribution equipment and/or Information technology equipment is Installed and futiy functional, unless a ruing extension has been obtained. A person xfio obtains a flung axle on$ musr rife the form betwoerr March 1 and the extended due date of that year. d. Property owners whose Statement of 1 tonef7ls was approved efter June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of Benefits, 5. The schedules established under 1C 6- 1.1 -12. f- 4.6(d) and (s) apply to equipment installed alter March f, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shag coMlnus to apply. (IC 6-1.1 -f 2.1- q,5(!} and (g)) Name of taxpayer LOGIST DISC E U NT C06T QED McCormick and Company, Inc. eeen405.do 228.674A Address of taxpayer (number and arras! cky oaAt end Zip coda) Less values of an y property being replaced o co Net estimated values upon completion of project 21.420121.00 18 Loveton Circle, Sparks, MID 21152 444 Name of contact parson Deldre Cassidy Tlehne number • 10) T1 • e e • s • Norm of designating body Readulim number (s) Lo"' 0 property C6unty 3425 West Lathrop Drive, South Sand, ill OLGF taxing Rest number St. Joseph Descr*fion of manufacturng equipment and/or research and development equipment andior togislicel distribution equipment and/or Information technology equipment. (use additional sheets if necessary) ESTIMATED START' DATE COMPLETION DATE Additional manufacturing equipment amounting to Manufacturing Equipment 09/01/2010 05130/2011 approximately $690,000 will be acquired Including fork R a D EguJptrlent lifts, Coolers, racking, computers and furniture and Dial oelo1l2010 05/30/2011 Logist Equipment fixtures. asrovz010 0s/30/2011 IT Equipment 08/01/2010 05/30/2091 Currom umber salaries •Number r• 'red erica Numberad�uonal SaFa 123 ' $6,288,988 12 6,288,988 177,247 P. 6 NOTE, Pursuant to 1C G-7.1= 12.1 -5.1 (d) (2) the I "NVFACTURENG R g q EQUg,MEN7 E GQ97 of the property aortflderttiaj, COST AS S� D COST D Current values 24AW,292. 0 1A3iA3D.00 Plus estimated values or proposed protect erwxmnn LOGIST DISC E U NT C06T QED IT EQUIPMENT 0037 ASu eeen405.do 228.674A 185,.14 -00 Less values of an y property being replaced o co Net estimated values upon completion of project 21.420121.00 444 Estimated solid waste Converted (pounds) Estimated hazardous waste converted (pounds) Other baneRis: None with current project. Waste water facility previously built to treat H2O. I hereby certify that the representallons in this statement are tow, "Rn IDa1;y1 n dy(,, r ey ydar) C Clirector - Stale & Local Tax t 4 ` .flK We have reviewed our prior actions relaling to the designation of He economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1- 12.1 -2.5, provides for the following fimitations as authorized under tC $-1.1- 12.1 -2. A . The designated area has been limited to a period of time not to exceed is .. B . The type of deduction that is allowed in the designated area Is Amited to; 1. Installation of new manufacturing equipment; 2. Installation of now research and development equipment; 3. Installation of new logistical distribution equipment. 4. Installation of new information technology equipment; calendar years. (see below). The date this designation expires ❑Yes ❑N a ❑yes BNo No ❑Yea ❑Yes []No C. The amount of deduction applicable to new manufacturing equipment Is limited to $ cost with an assessed value of $ 0. The amount of deduction eppticabie to new research and development equipment is tlmtled to $ cost with an assessed value of $ E . The amount of deduction applicable to new logistic-of distribution equipment is limited to $ cost with an assessed value of R The amount of deduction applicable to new Information technology equipment la limited to $ cost with an assessed value of Q Other Iimitagons or conditicns (spaGfy) H. The deduction for new manufacturing equipmenl and /or new research-and development equipment andlor new logistical distribution equipment arid/ or now infommMon technology equipment Installed and first claimed eligible for deduction. on or after July 1, 2000, Is allowed for ❑ 1 year ❑s years " For ERA's established prior to July 1, 2000, Mty a 02 years ❑ 7 years 5 or 10 year schedule may be deducted. ED years ❑e years 04 years ❑ 9 years ❑ 5 years " ❑ 10 years *• Also we have reviewed the information contained In the statement of benefits and And that the estimates and expectations are reasonable and have determined that the totality of benefits Is euMclent to justify she deduction described above. Telephone rwmbar a sned (moms, day, year) body If the designating body Iimha the Time period during which an area Is an economic ravitallzalion area, it does not ifmil the length of time entlEled In receive a deduction to a number of years designated under iC 6 -1.1- 12,1 --4,5 me a taxpayer is CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6 -1.1 -12.1, et seq., and South Bend Municipal Code Section 2 -84.2, et se g. for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property (Aequipment@) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your busimss. The McCormick South Bend Condiment Plant manufactures condiments (ketchup. mustard, salad dressing, cocktail sauces BB sauce for maior restaurant chains in the United States. A prooect is under consideration to either keep the distribution o eraton in Michi an or move the o eration to Indiana Illinois or another state where McCormick has a distribution and manufacturing site. The site consideration for Indiana is on the current manufacturing site Propem. We are considering building estimated construction manufacturing site afor the distribution operation of a 50,000 square foot addition with f $5.7 million. Included in this cost are additional manufacturing a uipment amounting to approximately $590.000 including fork lifts,coolers, racking, computers and furniture and fixtures. 2. The project will create 5 new, permanent jobs within the first year, representing a new annual payroll of $ 177L247 and will maintain 123 existing permanent full -time and 0 existing part -time jobs representing an annual payroll.of$ 6 288 998 . The projected annual salaries for each new position created are estimated to be as follows: $33 407 $ 35,322 $35J22 $3.6,598 $36.598 3. Estimate the total cost of the Equipment: $689,229,L lerfyy`7 1 7 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly= held, indicate also the name of the corporate parent, if any, and the name under which the corporation has Bled with the Securities and Exchange Commission): NAME ADDRESS INTEREST McCormick & Company, Inc. 18 Loveton Circle Owner, 100% Sparks, MD 21152 (Revised 812102) (b)The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST N/A 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: The South Bend Manufacturinilkolity iproduces condiments for national restaurant induct chains. The facili o erates 24 hours /da 5 da s/week storm raw materials . processing, and Jpackagiag finished goods to be stored and distributed by a third paM logistics frm. 6. The commonly known address of the property where the Equipment is to be located is: 1325 W. Lathro Drive South Bend IN 7. The Key Number of said property is: 025- 421 -3817 S. Attach the legal description of the property where the equipment is to be located, marked AExhibit A,@ and is hereby incorporated herein. 9. Attach a map and /or plat describing the property where the equipment is to be located, marked AExhibit B,@ and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked AExhibit C,@ and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ $0 (This information may be obtained from the St. Joseph County Assessors office 235 -9523) 12. The current use of the real property where the Equipment is to be installed is Vacant land — a distribution facili will be builtand the current zoning is LI (use) and 40 ft high & 50,000 sf (height and area). (This information may be obtained from the Building Department 235 -9553) (Revised 812102) 2 13. List the real and personal property tares paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL. PROPERTY TAXES PERSONAL PROPERTY TAXES 2009 $50,819 $192 390 2008 $ — 7,013 S 129 760 2007 S-41594 $ 132 976 2006 $58,577 $109 186 200$ S59,691 __. $ 159.362 (This information may be obtained from the St. Joseph County Treasurers office 235 -9531) I4.Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part -time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part -time) and the current number of minority individuals (full and part-time), McCormick and Co. Inc is fuk committed to the conce t and Dractice of equal opportunity and affirmative action in all as ects of employment. McCormick's osition is unmistakabl clear with respect to E ual Em to ment -Opportunity for minorities females veterans of the Vietnam era qualified ghysically or mentally disabled pgrsons andspecial disabled veterans. Ever committed to affirmative action McCormick prepares and reviews annually an Affirmative Action Plan to cover employees rMorting to and / or working in South Bend IN. x� McCormick and Co. Inc / South Bend em la s 125- total em to ees including 30 minori employees. All are employed fuIl time. The number of minority ema Io ees employed during the last five ears are as follows: 2009 -• 29 employees. 2008 - 28 employees, 2007 - 28 employees, 2006 - 30 em to I8 employees. All the minori em w were full time Permanent employees. 15. Describe on -site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None 16. "What is your best estimate of the market value of the new Equipment after installation ?$ 689,229 V- /, f 17. 'What is your best estimate of the amount of taxes to be abated during each of (Revised 8/2/02) 3 the five years after installation? S 18. What is the commitment your firm will make to minority employment during the rive years of tax abatement? McCormack and Co. Inc is full committed to the concept and Practice of a ual opportuniy and affirmative action in all aspects of employment. McCormick's position is unmistakably clear with res eet to Equal Em to meat ORRortunity for minorities females veterans of the Vietnam era ualified physically or mentally disabled Persons andspecial disabled veterans. Ever committed to affirmative action McCormick Prepares and reviews annuaft an Affirmative Action Plan to cover ern to ees reporting-to and / or Working in South Bend IN. 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the'end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would .be classified, by number and description: 311900 — Manufacturing s ices 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 311900 — Man ufacturin s ices 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Air Dort Economic Development Area 23. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not-limited to public works improvements. Done 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: (Revised $12/02) . 4 N/A 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: Deidre Cassidy Address: 18 Loveton Circle City, State, Zip Code: Sparks, MD 21152 Telephone: 410- 771 -7381 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 ding fee to cover processing and administrative costs pursuant to Section 2 -84,7 of the Municipal Code of the City of South Bend has been paid in fall. Filed In Clerk's Ofa JUL Ift is J Yf-1N V0 0FDE Name of Property Owner(s): B Y ; � ,c (Signed Name) (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Revised 8/2/02) 5 EXHIBIT A CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION 8. Attach the legal description of the property where the equipment is to be located,.marked "Exhibit A," and is hereby incorporated herein. 8.44 AC Tract Mid PT S Side SE '/a Beg 990' W & 40' N of SE Cor SE SEC 28 -38 -2E EXHIBIT B CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL, PROPERTY TAX ABATEMENT CONSIDERATION 9. Attach a map and / or plat describing the property where the equipment is to be located, marked Exhibit B, and is hereby incorporated herein. Property Survey follows on next page rev ,Pe kP4 0 MdCormick ♦'' Tax Abatemenj Val al • tl !� i q t� N AF flip, .rrg! a r 3$a x s a 8 a s rcP+ a . 4 hi a bb 1€ *fir (� 'R� ��•'�� ..��r� � �ea� e��� � aRy� �p�i��s�a � � �� �c 3f� ��� d � Y '� .m � r ' e�Eye9,t a�ISI ��n ;i ,i fka' -y r$b�1 taw 21 som OW rµ3 i y 3i� a X 1I�=j€ � *ll��� �� '22 x, � $� � e L � . i;. oiull ESP. ilii,i�3 if r > 21 t� :ir�iPJ iE €Ei 9 i��k:� :�li' 'i: $ri , s del 4i E! 196f!ales� a ii 5 " ■ 1 � I 771' ER liiWf d9Ut.`7'I •,.�I'., ^'Yi:E'tlJN _ � o � �� i . . IIF 11 1 r 3 aa a) 5 ' i y_• _ � K$ �® I_ € 610- J1. If it of %'r P' of erg rwr''•'!r, F =�c=�» _= - - --=-__r<._?s", \=.'.. !�'" ar7AC drr+ti,,.. .. WF 7`._. ! 'j I fill 144114JW141,41 - -:A EXHIBIT C CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION 10. Attach photographs of the property, taken within 30 days of fling of this petition, marked Exhibit C, and hereby incorporated herein. Pictures follow next 5 pages. s CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 -83,2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. Petitioner's Name Agent's Name Acting on Behalf of the Petitioner Contact Person Street Address City, State, Zip Code Business Telephone Number Signs ure of Petitioner cc: Workohe Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITS THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MC CORMICK & COMPANY, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3425 West Lathrop Dr., South Bend, Indiana, and which is more particularly described as follows: 8.44 AC Tract; Mid PT S Side SE '/ Beg 990' W c& 40' N of SE Cor SE SEC 28- 38 -2E. and which has Key Number 025- 1010 - 0403.01 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seal., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1, et seMc ., and South Bend Municipal Code Sections 2 -76, et 5.%, and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualif es as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and C. The totality of benefits is sufficient to justify the deduction requested. SECTION 11. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Cleric to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 2 SECTION V11. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPROVE6 AD(-DPTFD 3 Council of the Co Co on uncil OppOr,hj1:A C, G E LIT w f, & C 4 k '01'k"S Or'T" c. F- r L 1200 CouNrY -CrrY BUILDING 227 W. JEFFFRsoN BouuvAan Sourm BEND, INDV,NA 46601 -1830 PHONE 574123 5 -93 71 FAx 5741235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LuEcKF, MAYOR COMMUNI'T'Y & ECONOMIC DEVELOPMENT JEFFREY V. GCBNEY EXECUTIVE DIRECTOR July 2, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property & Personal Property Tax Abatement Petitions for: MC CORMICK AND COMPANY, INC. (Bill Nos. 10 -28 & 10 -29) Dear Council Member Rouse: Consideration of the Designating Resolutions for the subject petitions was scheduled for Monday, June 14, 2010. However, prior to that meeting the Petitioner requested additional time to review their petitions and reconsider some of the projections related to their project that they made. Consideration of the Designating Resolutions was continued indefinitely until further notice would be received from McCormick. The company has completed its review and submitted revised petitions. The only change made on both petitions is the number of employees to be retained was reduced from 125 to 123. However, the total annual wages increased from $5,802,988 to $6,288,998. The size of the project has not changed and the total estimated costs for the construction and for the equipment portions of the project have remained unchanged. In addition, because the Petitioner is still in the early stages of its planning process it does not have a firm list of construction contractors, subcontractors and suppliers. Therefore, a range of public benefit points and years was estimated for the length of the company's real property tax abatement term. The estimated points and the range of years have not changed. Finally, neither the estimated taxes to be paid nor the estimated taxes to be abated have changed for either petition. A copy of the revised petitions and updated versions of my staff reports are attached for the two tax abatements. A representative of the Petitioner will be available to meet with the Council's Community and Economic Development Committee at its afternoon meeting on Monday, July 12, 2010 and with the full Council at its public meeting on that same date. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. i1MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 EL12ABETH I.FUNARD FAx: 574/235 -9697 574!235 -9371 South Bend Common Council Community & Economic Development Committee RE: Tax abatements for McCormick and Company, Inc. July 2, 2010 Page 2 Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, *kV4 ,_1 Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 1200 COUNTY -CITY Bu11,DiNc, 227 W JEFFEPsoN BOuuvARD SOUTH BEND, 1NDLwA 46601 -1830 PHONE 574/ 235-9371 FAx 574/235 -9021 TDD 5741235 -5567 CITY OF SouTii BEND STEPHEN J. LuF -cKE, MAYOR COMMUNITY& ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY ExFcunvE DiREcToR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: MC CORMICK AND COMPANY, INC. DATE: July 2, 2010 On July 2, 2010, a revised petition for real property tax abatement consideration for property located at 3425 West Lathrop Drive was filed with the City Clerk by McCormick and Company, Incorporated. The original petition was submitted on May 11, 2010. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to 1,C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY McCormick and Company is proposing to construct and equip an approximate 50,000 square foot addition to their manufacturing facility. The addition will house a distribution operation for the products it makes. Its products include condiments (ketchup, mustard, salad dressing, etc.) for major restaurant chains. The company is weighing where to locate this distribution operation. Sites in Michigan, Illinois and other states where McCormick has manufacturing /distribution facilities are also being considered. Construction of the addition is estimated to cost $5,010,913. The equipment to be purchased includes fork lifts, coolers, racking, computers, and furniture and fixtures. The estimated cost of the equipment is $875,173. A personal property tax abatement application is being submitted as part of the total project. The total project cost is estimated to be $5,886,086. C-OMMUN1TX DEVELOPMENT ECONOM1c DWFLOPMFNT FINANQAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 574!235 -9371 ELIZABETH LEoNAPO FAX: 574/235 -9697 5741235 -9371 South Bend Common Council RE: Tax Abatement for McCormick and Company, Inc. July 2, 2010 Page 2 The Petitioner is in the early stages of its decision making process. Therefore, it does not have a firm list of construction contractors. Based on current information it is estimated that the applicant will qualify for a six -year abatement term: The length of this term could increase depending on the final selection of the contractors. However, it is not expected to exceed nine years. For the real property portion of the project, total taxes to be abated during a six -year abatement period are estimated at $509,442. Total additional taxes to be paid as a result of the project during the six -year abatement period are estimated at $544,383. Total taxes to be abated during a nine -year abatement period are estimated at $713,262. Total additional taxes to be paid as a result of the project during the nine -year abatement period are estimated at $867,476. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create five (5) new, permanent, full -time jobs within the first year of the project representing a new annual payroll of approximately $177,247. The project will retain one hundred twenty -three (123) existing permanent, full -time jobs (of which 30 are minority employees) with an annual payroll of $6,288,998. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner has been granted or been associated with one (1) previous tax abatement as shown below. In addition, at this time the firm is also petitioning for a personal property tax abatement. Term /Tyne Resolution No, 5 -year personal property 3598 -06 Date 6/12/2006 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does meet the qualifications for up to a nine -year (9) real property tax abatement under Section 2 -82, Industrial Development, City -wide General Standards. ` Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 2- Jul -10 McCormick and Company, Inc. Public Benefit Points Summary * Qualify Earned Available Public Benefit Item: Y or N Points Points Proiec# Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub -total Project Related: 0 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 66 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub -total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contract( N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub -total Construction Related. 0 141 4. Wage & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 g Sub -total Wage & Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 118 152 6. Pay for Municipal Infrastructure: (Point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100 % of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 452 1000 ` Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. McCormick and Company, Inc. Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 452 Base Years of Abatement Additional Years of Abatement: 3 Total Years of Abatement: 6 McCormick and Company, Inc. Public Benefit Points Summary Qualify Public Benefit Item: Y or N Project Related: 1 • A• Redevelop a Site that has Special Needs N B. Develop Based on Local university Research N C. Achieve a Physical Element of a Plan N 5. Workforce Related- 2-,10-10 Earned Available Points Points 0 49 0 35 0 36 0 120 Y 25 Sub -total Project Related: 2. Super Size Projects (point values are cumulative): A. 100% to 1990/0 S. 2D0% to 299% C. 300% to 399% D. 400% and Over Sub -total Super Size Projects: 3. Construction Related- A, Employ Local Companies B. Purchase Materials from Local Companies C. Require Employees vs. Independent Contract( D. Require Target Wage Levels E. Require Health Benefits F. Require Pension Benefits G. Maintain Affirmative Action Plan Sub -total Construction Related: 4. Wa a $Benefit Related: A. Pay Target Wage Levels B. Provide health Benefits C. Provide Pension Benefits D. Provide Training E. Provide Child Care F. Provide Transportation Assistance G. Provide Employer Assisted Housing program Sub -total Wage & Benefit Related: 5. Workforce Related- 2-,10-10 Earned Available Points Points 0 49 0 35 0 36 0 120 Y 25 25 Y 68 68 Y 65 65 Y 52 52 Y Y Y Y Y Y Y Y Y Y Y N N N 210 210 20 20 19 22 22 18 20 141 33 34 29 28 0 0 0 124 20 20 19 22 22 18 20 141 33 34 29 28 15 14 9 162 A. Create New Jobs Y 42 42 B, Retain Existing ,lobs Y 41 41 C Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 118 152 6. Pay for Munici of #nfrastrWCture: (point values are cumulative): A. Pay for Oversizing or upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total infrastructure Related: D 131 7. $Upport a Municipal Facilitv: A. Support a Municipal Facility N D 84 Total Public Benefit Points: 593 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. McCormick and Company, Inc. Additional Years of Abatement Multi-famil y Development Projects: From To Additional Years 4 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development, Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 593 Base Years of Abatement Additional Years of Abatement: 6 Total Years of Abatement: 9 0 r 4 0 (¢ A O NN to (m to o M V O) N tD Sh N OLO M MNO OQ Cl } M to � N to N Lf) to r CO Cl) to t0 V N f� 01 N N N N LO V O co t0 N Z.0 O (0 N 0) m � N w tp iN7 Cd7 MO CO } N V A m N V N V N V o O t0 00 0 O 4 i` M M 04 T O co M, r m t0 W LQ N tD r O fs 07 } m O m m N N Lo LO r d V N In V rCA N r V N m ,� a MO(o V a D1401 NEn Il N V C5f N CO O'i 4? CD I N f0 Cl) O t0 O u7 to Z Qf c, n ).. m !n r N N ti m N O 4 N V N tb oz C' N _ CO OJ Lo W V N N f r N cc C LZ In ONcm N NO.N m� 4 0 M co tU In N CO M m N N O v V 1- ro tD O r N u7 to V N _ CO to t7 N V tl' N (NO 4 to W M q Q T� m CD c O i k r V fin N N rn co O d M o r 0 t0 [0 O ol a V O V N O N 7i y V E Q V m O N m m � bN Z m V) U) N V) O i m 07 0)M U) . N Cp tD -C 06 H k U7 U k6 u] to m O V N N V V Q1 O N O m N N N N N N m A N v V N w L O O C) M O r o N r.- m C t) N m Q M N a)) al+ O� CO CO W co 0� t0 2. Cl) d N (O O u'7 O u7 tii Z 'D 10I CY) SD (D cC i0 CO tD C4 00 N U 7 0Nr m IOf)N O2mN d� L6 L6 �L2" 0. �r C4 N N N '- tmf) t N r r r r r p F- r x ca 0 0 0 7 K1 In t0 m M N tri O 0.n hO � � A 0) 0) 4 01 , d �0 O� LD OJ m w U M N N (0— V V' ~ V ,N x W M 0) 0) 0) 0) D) 06 Q V V: V ri V V et V V c G t (/) 2 in r N 0 [ vc M U �c 0 E CD rNmvtnco �i a z¢ a C o } V 00 u � � E 0C) o ' is x - j t7 0 F O n � U w _ y c: cc O N � N (Z ? � C � t j O O Stl O t9 O Q> .0 > N fU `) N E C N m D t m U a) U N 0� CI) X x ro K 4 Y y CL (a N 'O > ��„ cn .�. �6 N _W .Y M L7 0 Q1 O t7 m N C N O � N M � a7 m M 55 En Ln O N E Q C y a) y, a ¢¢ N .Q1+ Z O O m � �QQ E 0 to u3 N mI a �D So o h h 0 N h 0 QS'1QN 7 Nr r N r Q � N y�i1NOn } N K [+1 Q m m O a�Q N n to M P N m A Q O N N Y y O a D } Nc5 P m r d � N P n N P W m N N W Of0 N a la SO y M (p O46 NEOP N N } Nse�'i� V N W q W � Q � r a fWa a aMimN r N r 1} r M ca y� } i!i N Q N ci SQ'> Q Q ' r d N r P N M Q O N m O m t0 N N N M O n W } �I1N r10 M a O OI rn m V N W s0 Q r N N V�r iw d � ccc���ryryry _ h fi n �L]N t0r M N N Orr ZF' a Nµnj NOS rQ�m t{k ri ai ui �+i v p �ri o M m r N �i i i & t: W ai a; m m W° W en n 3 v N n v c - v N m p r v C N p 0 ♦O ca W V (rye mNa��M N A °� ono �0 mmcni °rnwv°� m oi- W ro snmNCn r oMm.- N ti }numiv m P m m mho �uS o ri .� C P N n m Q N rmi�rnn unim r r r O h Q U� QO[ri �rOi0 tpP s '7OQ N O N �r W MOr O �O3�n 0 N [p tp M mN C m M M M MM �MMC1 m }Mmm a N N M N N W N w ino 'a p �L ui u7N w N N N N N N N N m Q V O N N N N N N N N N N N N P O U._ y� Y N W M J C O L7O M N CiT N M6m N y N W W W W W 9 v Q (�1 N` f0 O Pmifi u] 6J h Z '� �h mmm�mm- lMO W W �q W W @ �a R ? } yma 3 NON NN O1MN 4_ nnn nnl� 1� nf� Q V O r lL3 p W P Im N d M- m C O o o o 0 W m N N m mmm mmmmm j� M M N Ci N IA a1 _h ma6m m mmmmm Uqv v Q ra *-Q v P w aQPQPQQQQ m �••• r � m v N C C t9 U O j U m` w -NC+,Q U�cnnma� � 7 y m y M n i Ha a°o o° Z o 00 Y aci m vi d - m ? y U � p m Y � ca C 3 C Ti � 'rii m U H EI. mv�v x KU m a;; d��11 � h N fn�l ✓' QC ` W ` a U d � ry a- m ry U Z h= EpUnU D 4 r�E Q .a O% U m a Q 0 STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 5IT67 (R211-07) Prescrtbed by the Department of Local Government JUL - 2 2010 V0 (d ' 20 PAY 20� �4��1� 7L'tJr tl� C1rY �' `�,K, b f;, ut�p IR. FORM W-1 t heal Property 3 This statement is being completed for real property that quelMes under the following Indiana Code (check one bon): © Redevelopment or rehabllitallon of real estate improvements (IC 8- 1.1.12.14) © Eligible vacant building (IC 8-1.1- 12.1 -4.8) INSTRUCTIONS: I. This statement must be submitted to the body desfgnal" the Economic Revilalization Area prior to the public hearing if the designating body requires infommlion tram the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rohablfitatlon of real property for which the person wishes to clakn a deduction. 'Projects' planned or committed to after July 1, t 987, and areas designated after July 1, 1887, require a STATEMENT OF BENEFITS. (e cl ion.12. 9) 2, ApprO2! a the designating body (City Council, Town Board, County County, etc.) must be obtained prior to lnitlation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ER/WBD, Mdahever is applicable, must be tiled with the County Auditor by the later of.• (1) May 10,• or (2) thirty (30) days after the notice or addition to assessed valuation or new assessment is mailed to the property owner at the address shorn on the records of the township assessor. 4. Property owners whose Statement of BBnents was approved after June 30, 1991, must attach a Form CF- 11Rea1 Property annually to the application to show compliance with the Statement orBanerits. 3. The schedules established under IC 6-1. t- 12.1-4(d) for tehabilitated property and under IC G 1.1 -12.1- 4,8(4) for vacant buildings apply to any statement ofbenahts approved on orafterJuly 1, 2000, The schedules effective prior to Juiy t, 2000, shall oontinue to apply to a statement of benefits hied before July 11 2000. Nameaftaxpayer _ - -- McCormick and Company Inc. Ad"or of taxpayer (nurnber end sheet. el✓X .fete, end Zfpcode) 18 Loveton Circle S arks MD 21152 Name of Contact person Triephone number E -mail addraee Deldre Cassidy (410) 771 -7381 Yame of dealonsti v body Resolution number -ccathn of lroPeny county ROF taxing dh dict numb., 3425 West Lathrop Drive, South Bend, IN St. Joseph I v- rva WL Pany rmpruvemems, reoevelepmant, or rehabWtation (use addmional sheets ilneoessery) Estimated alert date (month, day year) There will be a 50,000 Square Foot addition to the existing building for distribution 09/01/2010 operations. Estimated completlorr date Janwh, day, y 05/3112011 current ,lumbw Salaries Number retained Salaries Numberadditional Salaries 123 1$6,288,988 123 $6,288,988 - $177,247 NOTE: Pumuanl to IC &t.4- 12.1 6.1 (d) (2) the COST of the property REAL Is confidential. COST Current values 7 149 4 Plus estimated values of proposed project 5.0104 Less values of any property being replaced Net estimated values upon completion of wolacl .r ft 11 QA on Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) 01her benefits None with current project. Waste water facility previously built to treat H2O I hereby certify that the representations In this statement are true. Director - State Page 1 oil Tax Dale {! ! 0r) day yea ,. VP of FC)R:USF OF THE DESIGNATING f$O()Y We have reYewed our prior acllons relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted In the resolution prevlously approved by this body. Said resolution, passed under IC 6-1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years • (see below). The date thts designation expires Is S. The type of deduction that is allowed in the designated area Is limited to: 1. Redevelopment or rehabilitation of real *stela improvements ❑ yea ❑ No 2. Residentially distressed areas © Yes ❑ No 3. Occupancy of a vacant building © yes ❑ No C. The amount of the deduction applicable Is limited to $ 0, other Ilrnilatlona or condittons fsperlly) E. The deduction Is allowed for years' (see below). We have also reviewed ft information contend In the statement of benefits and rind that the estimates and expectations are reasonable and have determined that the totality of benefits Is sutdclent to justify the deduction described stove. Approved ( slgnafure and rlMeofaul horl :ed member ofdsslgnelfngbody) Telephone number Date slgnedfmonlh, day, year) Attested by (slpnature and #No of aMesfar) Desigulad body ` if the designating body limits the time period during which an area is an economic revitalization area, it does not IlmIt the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. S. For redevelopment and rehabilitation or real estate improvements: 1, If the Etxmomic Revitallratlon Area was designated prior to July 1, 2000, the deduction period Is limited to three (3), six (6), or tan (10) years. 2, If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed tan (10) years. C. For vacant buildings, the deduCdDn period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et sea.. and South Bend Municipal Code Sec. 2 -76 et_ seg., for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: A project is under consideration to either keep the distribution o eration in Michigan or move the operation to Indiana Illinois or another state where McCormick has a distribution and manufacturin site. The site consideration for Indiana is on the current manufacturing site yrolReEft. We are considerhug building onto the manufacturing site for the distribution operation of a 50,000 so care foot addition with an estimated construction cost of $5.7 trillion. Included in this cost are additional manufacturer a ui ment amountin to a roximatel $690 0009 %� �j' including fork lifts coolers rackin computers and furniture and fixturesA6 4( Land Size 8.3 acres; Building Size 57,000 current+ 60,000 s .ft addition. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): The McCormick South Bend Condiment Plant manufactures condiments (ketchup, mustard salad dressing, cocktail sauces BBO sauce for major restourantehaius in the United States. The facilitE o erates 24 hours/day, 5 days/week storing raw materials rocessin and Packaging finished IZoodN to be stored and distributed b a third ---Partv to istics firm. el 1 3. Estimate the dollar value of the project (excluding land): $ million 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 1 423,500 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): (Rev 10/23106) NAME ADDRESS EVFEREST ( %) McCormick & Company, Inc. 18 Loveton Citcle, Sparks, MD 21 152 100% Owner (b) The following other person(s) lease, intend to lease, or have an option to bray the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST(%) NIA. 6. The commonly known address of the Property is: 1325 W. Lathrop Drive, South Bend, IN 7. The Key Number(s) of said property is. 025 -1010- 040301 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein. 9. A map and /or plat describing the Property is attached hereto, marked AExhibit B,@ and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 5 full -time and 0 part -time permanent jobs within the first year, representing a new annual payroll of $ 177,247 and will maintain 123 existing permanent full -time and 0 existing permanent part -time jobs including existing permanent full -time minority employment of 3_ 0 and existing permanent part -time minority employment of 0 with an annual payroll of $ 6,288,998 , 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet). $33,407 $35,322 $35,322 $ 36,598 $ 36,598 13. Provide current employment wage information including, base rate, cost-of- living allowances, hazardous -duty pay, incentive pay including commissions (Rev 12/29/06) z and production bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or range): Full -Time Part -Time Laborers $ 17.49 $ Technical $ 18.04 $ Managerial $ 3.596.48 (per Ray period) $ Administrative $ 20.23 $ 14. Indicate whether your company provides the following benefits (use YIN). Y Health Care Benefits Y Pension Plan Y Employer Provided Training (recognized or certified trainingleducational courses or programs) N Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) N Employer- Assisted Housing Program (provide an employer- assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes 2009 $50,819 _ _ 192.390 2008 57-013 $129.760 2007 4,594 132 976 2006 $58,577 109 186 2005 459,691 159 362 (Rev 12/29106) (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full -time and part -time minority employees for each of the last three years: Year 2007 2008 2009 Full Part Full Part Full Part Black 21 20 21 Hispanic 7 8 8 Asian Indian Other 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: McCormick and Co. Inc is fully committed to the concept and.practice of equal opportunitv and affirmative action in all aspects of em to meat. McCormick's position is unmistakably clear with respect to E ual Em to ent O ortuni for minorities females veterans of the Vietnam era ualified yhndcaft or mentail disabled persons and special disabled veterans. Ever committed to affirmative action. McCormick Prepares and reviews annually an Affirmative Action Plan to cover em to ees re ortin to and / or working in South Bend IN. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): N Conversion to residential use of a commercial AEligible Building@ as designated by the Community S Economic Development Dept. N Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. N Rehabilitation and reuse of a .property that is designated a Problem Property by the Community and Economic Development Department N Pays for the cost of cleaning up a ABrownfeld,@ which is any site, building facility or complex that has been designated a Brownfield by the Community and Economic Development Department. a (Rev 12/29/06) N Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): NO 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? NO 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street fighting, traffic control and related public improvements (attach additional sheet if more space is needed): None. 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). Not available yet 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). Not available yet 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25, The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 311900 5 (Rev 12129106) 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 311900 27. The current use of the Property is Manufacturing -- Condiment Plant and the current zoning is _Light Industrial (LI). (This information may be obtained from the Building Department 235 - 9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and /or personal property) and date of approval. Yes. The South Bend Common Council approved Declaratory Resolutions for a five 5 year Personal Droperty tax abatement for McCormick and Company on May 22,_2006. 29. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None. 30, The following person(s) should be contacted as Petitioner =s agent regarding additional information and public hearing notifications: Name: Deidre Cassidy Address: 18 Loveton Circle City, State, Zip: Sparks, MD 21152 Telephone: 410 -771 -7381 31. Please indicate the name, address, and telephone number of the person who (Rev 12/29/46) will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: r$ 0 WA Address: City, State, Zip: Telephone: WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 284.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): c ( 0 f VV\- \' GY °'� CcW\� By. _.� AK-q— �` U (Signed Nam ) f�C'6r toCaF i0X (Typed or printed nanii and capacity of signor if signed by an agent or representative of the owner.) 'j i.rkt 7 (Rev 12/29/05) Od 0 O O A a O U � O rn p O v 4 El ON � U � O � U C � O w � C O a � U L: � O v Q b A Q cd U y U O ?; ••� rig C b a O ~- .0 4 +� o v cV N C D � d . �, W) �c �w� Z N ►-. w Qi .� V !3, O Z �d Q E U Q J 0 o 00 a N w o FF- 3 CL E Z Z H 0 0 o }� M et Rl? c O Z 00 a N w -O 2 0 0 0 w e <° > o a� 0 °3 4p w> d 46 cn w 1-4 u o�° c�a c� w o 0 ° r.. cn r .p c tar a t5.. ttS c� qt . � 0 O p� t1 O � a-: I z Q °' a3� A ❑. O R p p U 0 V] «+ 0 G a 'n qj 0 0 ^C O Cd :, 3 boo 0, 0 �Ec: (j aa 0 oE . '0 j= F cKaf 0 „L° i y q a; Oc E CU U .� $-4 oho C> 0 00-S 2 U O O V O 0 0 ..fir 4-4 a N Qi J ~ O X � J Z v N CU 0 0 W-0 0 0 Z O m O N C Q cu U 40, to Ri � v tCl -a.2 Q Z 43 U MQ 0.4 .,. r N M [ 1f1 co 1� co C}7 e- N m Nr to � IL O N ...I Z F- ❑ ER 0 o` N N w EXHIBIT A CI'T'Y OF SOUTH BEND PETITION FOR TANGIBLE REAL PROPERTY TAX ABATEMENT CONSIDERATION 8. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. 8.44 AC Tract Mid PT S Side SE %a Beg 990' W & 40' N of SE Cor SE SEC 28 -38 -2E EXHIiBIT B CITY OF SOUTH BEND PETITION FOR TANGIBLE REAL PROPERTY TAX ABATEMENT CONSIDERATION 9. Attach a map and / or plat describing the property where the equipment is to be located, marked Exhibit B, and is hereby incorporated herein. Property Survey follows on next page C' "e "e kI 4: McCormick & Company, Tax 0 2 a J a F i 4 a � vg fib xR fill 6 At6 s� mall if 04 _ � Ell IV 1 a d a E �17�,iQL i v e % i 5i 'a iI f � � � � �� � � �,,. ���,� �Er�, iia ►�, gf��a�. 9ieaii, i1K� „� fm,,,.' 9i,,,� �i,�� irli,� , : { a10 . l k Rill .11 ;m !i ��� , ma! w0h Nsfa` oil a� ,t r , i is i { t fill�1 I! r ���;�iR�: Iriiis t„ ><6 6ik�: ii= ,i� � • c x9' I ° I if T� � 1b � • i i T R sR' #I 1 , , r IOA /i01Y S i la .r I - j sR' fc to t ,r 1 k' i f �1 1� I ' l T p f [1 .Alf ) L �L. + r � f t t l� jfj a� tZs a � i� 1 Awl 1 '? 43 %' i .. i f �1 1� I ' l CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 -83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. Petitioner's Name Agent's Name Acting on Behalf of the Petitioner Contact Person Street Address City, State, Zip Code Business Telephone Number Signature of Petitioner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office M14 Danch, Hamer & Associates, Inc. MICHAEL J. ©ANCH, L.A. RON HARNER. P.S. June 22, 2010 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Land Surveyors ■ Professional Engineers Landscape Architects a Land Planners RE: Vacation Petition for the West Half of the First East/West Alley South of Napoleon St. between Duey Ave. & the First North /South Alley, situated in "Hartman and Woodworth's Plat" in the City of South Bend, St. Joseph County, Indiana: Dear Council Members: Our clients, the University of Notre Dame and the City of South Bend, are requesting the approval of the Vacation for the West Half of the First East/West Alley South of Napoleon St. between Duey Ave. & the First North/South Alley. Situated in "Hartman and Woodworth's Plat" in the City of South Bend, St. Joseph County, Indiana. The reason for this request is to allow for the re- configuration of properties for future development of properties located along Duey Avenue. The Petitioners believe that vacating the above - mentioned Public Alley right -of- way will not have a detrimental effect on the adjacent properties located along this portion of Duey Avenue. If you have any questions concerning this matter, please feel free to give me a call at 2344003. Sincerely, is >Iael J. Danch President Danch, Harner & Associates File #100146 File n C13irk'j office JUL 3Qf4N voorpDe C" C ARK, SO. fil.tl�],J_^N 1643 Commerce Drive r South Bend, IN 46628 208 West Mars ■ Berrien Springs, MI 49103 office 57412344003 ■ 8001594-4003 ■ Fax 5741234 4119 office 2691471 -3010 s Fax 2691471 -7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST --WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH -SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate publio ways or public places within the City. The following Ordinance vacates the above- described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEY TO BE VACATED IS DESCRIBER AS THE WEST HALF OF THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH -SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to Construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right - of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18- 5097 -3422 Tax Key Number 18--5102 - 357901 2 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of properties located along Duey Avenue. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Ouncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2010, at o'clock M. Approved and signed by me on the 2010, at o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA 1 st READING 7_ L 2- 10 pUBLiC HEARING >d READING -<OT APPROV,I D EFERRED , City Clerk day of , Fils'A In Clerk'S Clerk' OffrcO JUL -72010 dCr "iFi Vr, j�?�iE C,rN C r �Y., !20- F t3% , IN 018 -5102- 3579,01 1 018- 5102 - 3579,01 Napoleon B[v /018 -5102- 3579,01 018 -5102- 3579,01 R150.o N Alley to be Vacated 018- 5100 -3527 -018- 5097 -3422 18- 5100 -3530 018- 5097 -3425 018— 00 -3533 018 -5097 -3428 OJ 018- 5100 -3536 018 - 5097 -3431 OJ Legg.1 Description: Filrl in Glad's Off!C® J l U L 7 200 JOHN VOORDE CITY CLERK, SC, BEND, K 018 -5097- -3423 North The alley to be vacated is the first East /West alley South of Napoleon Street, from Duey Avenue to the first North /South alley for a distance of 118 feet and a width of 12 feet. Being part of Hartman and Woodworth's Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: June 30, 2010 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS DESCRIBED AS: THE WEST HALF OF THE FIRST EAST-WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH- SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.UOSEPH COUNTY, INDIANA NAME (signed & printed) & ADDRESS Tax Key Number City of South Bend. 18-5097-3422 227 W Jefferson Blvd. Suite 1200 Sant Bend, Indiana 46601 For City of South Bend. University of Notre Dame 18-5102-357901 836 Grace Hall Notre Dame, Indiana 46556 For University of Notre Dame JUL 7 2010 C.vr PETITION TO VACATE PUBLIC ALLEY Rj=TS -OF -WAY TO z THE COMMON COUNCIL DATE t June 30, 2 010 OF THE CITY OF SOUTH BMW, INDIANA I (WE) , THE UNDERSIGNED PROPERTY OWNER (0), PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST-WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH - SOUTH ALLEY SITUATED IN HARTMAN AMID WOODWORTH'S PLAT TO THE CITY OF SOUTH BMW, ST. JOSEPH COUNTY, INDIANA NAME (signed & rinted) & ADDRESS Tau R Number City of South Bend. 18 -5097 -3422 227 W Jefferson Blvd, Suite 1200 South Bend, Indiana 46601 For City of South Bend. University of Notre Dame 18 -5102- 357901 836 Grace Hall Notre Dame, Indiana 46556 L psi' For University of Notre Dame �UL - 7 2010 CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Co=erce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 JUL 7 2 )j 1316 Coin -Ctrr $U1LmNG 227W. JEFrEmN BOULEVARD SOUTH BEND, INDIANA 46641 -1834 CM OF SOUTH BEND BOA OF Mr. Greg Hakanen University of Notre Dame 910 Flanner Hall Notre Dame, Indiana 46556 STEPHEN J. LuECKE, MAYOR PUBLIC WORKS June 26, 2010 PHONE 5741235 -9251 FAX 5741235 -9171 TDD 574!235 -5567 RE: Alley Vacation — The West Half of the First East /West Alley South of Napoleon between Duey & the First North/South Alley (Preliminary Review) Dear Mr, Hakaden: The Board of Public Works, at its June 28, 2010, meeting, reviewed comments by the Engineering Division, Area PIan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous, The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Mr. Phillip Griffin, NIPSCO, stated that there is an active gas line in the alley. The gas line feeds the South Bend Public Housing complex east of the alley. NIPSCO needs to maintain access to the 2- inch steel gas main for maintenance purposes and no structure is to be built over the gas line. Please contact Tony Molnar at 574 235 -9254 piior to ickin u our radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lin a M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl littrell, Engineering Danch Harner & Associates GARYA. GILL -r, n.s. DONALD E. INKS JOHN H. Muxpnx PRE50 Ni' MEMBER MEMBER gJ SURVEY ORDERED BY, UNIVER97Y OF NOTRE DAME SURVEY DATED: 08/11/20to PROJECT NO.; 100146 O Fury 1e, 270, Do' 970.79• 700.79•_'. M,0 #N/%/ 43/ "1717717 ALLEY TO 8E VACATED S 89'.21 "` i3TLOT — -- v c. p,8=—o= ",.`O LOT :v© LCT '.c9 LOT '3 —x— !C 2 LOT 4 f ,cs t:C T 15 ._.^.T iyy: LOT 11,2 SLOT �f LCT .,x n .OT J -�T i V.S L.41 i i Ylj ' i -4 I i (l 1 ••v. LCT .02 LO. 15 I.Or 6 IX S 5 cs T' `^ LOT 4 Board . of pubUc orka ___ ,151f Alen drA6 l Land Surveyors ; ..Professional En rs _- Landscape Architects. Land Ptanners om�.: isr4�2s4 -4pQJ / 4eoo7ss4 -400s Fac (574)2a4 —,I,rs f8k7 Commarw Dew* . Sovth 6en0, IN 46828 INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS T ®: Andre Price, Solid Waste DATE S E NT: 5115 /2010 mob Mathia, Community & Economic Development ,.�rl Littrell, Engineering Department ✓Chris Dressel, Community & Economic Development -4ederico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development Sohn Byorni, Area Plan Commission 'b(�iorni co.st- 'ose h.in_us or 235 -9813 fax) —,Stephen Goen, Police Department Cheryl Greene, City Attorney's Office LRhil Griffin, NIPSCO ( m riffin5nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk' SUBJECT: REQUEST FOR RECOMMENDATION -ALLEY EY VACATION APPLICANT: University of Notre Dame - Greg Hat {aden LOCATION The West Half of the First East/West Alley South of Napoleon Between Duey and the First North /South Alley DATE DUE: 6121/10 FAX OR E -MAIL TO: 235-91711 lmartin southbendin. ov RECOMMENDATIONS AND COMMENTS: By Date From: Nancy Schrader To. Memo- Vacations Date: 6/25/2010 10:15 Add Subject: Alley vacation Recommendation - Napoleon /Duey Attachments: S45C- 51006I509570.pdf Please provide your recommendation. "hank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 337 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235.9251 Fax. (574) 235.9171 This message may contain confidential and /or proprietary information and is intended for the Person /entity to whom it was orfgfnatly addressed. Any use by others is strictly prohibited. TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE DUE: FAX OR E -MAIL TO: 71 INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 6115/2010 Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (L Lorni co.st- joseph.in.us or 235 -9873 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m nffin nisource,com) (FYI Only) Linda M. Martin, Clerk REQUEST FOR RECO MENDATION - ALLEY VACATION University of Notre Dame - Greg Hakaden The West Half of the First East/West Alley South of Napoleon Between Duey and the First North /South Alley 6/21/10 235-91711 Imartin6southbendin nov RECOMMENDATIONS AND COMMENTS: By Date / � M1 � /2EJ 10 �.�:rr =�. Linda Martine: Ailey Vacation Recommendation - Na y _._ Rw �eWoeon /Due gage 9' From: <pmgriffin@NiSource.com> To: "Nancy Schrader" <NJSCHRAD @southbendin.gov >, <Imartin@southbendin.gov> Date: 6116/2010 9:55 AM Subject: Re: Alley Vacation Recommendation - Napoleon /Duey Attachments: S45C- 510061509570.pdf NIPSCO has a 2 -inch steel gas main in alley proposed to be vacated. This steel gas main feeds the SB Public Housing complex just east of alley to be vacated. NIPSCO needs to maintain access to the 2 -inch steel gas main for maintenance purposes. Structures cannot be built over gas facilities. Philip M. Griffin Project Engineer - South Bend LOA Office Phone: 574 - 284 -2214 Mobile Phone. 574- 220 -3804 FAX: 574 -284 -2220 "Nancy Schrader" <NJSCHRAD @southbe ndin.gov> To <jbyorni @co.st joseph.in.us >, 06/15/2010 10.15 <prngriffin @nisource_com >, "Andre AM Price" <APRICE @s outhbendin.gov >, "Chris Dressel" <CDRESSEL @so uthbendin,gov >, "Cheryl Greene" <CGREENE @southbendin.gov >, "Carl Littrell" <CLITTREL @southbendin.gov >, "Federico Rodriguez" <frodrigu @southbendin.gov >, "Jeff Gibney" <jgibney@southbendin.gov >, "Robert Mathia" <RMATHIA @southbendin.gov >, "Stephen Goen" <SGOEN@southbendin.gov> cc "Nancy Schrader" <NJSCHRAD @southbendin.gov> Subject Alley Vacation Recommendation, Napoleon /Duey Please provide your recommendation. INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 6/1512010 FAX OR E -MAIL T0; 235.9171 / tmartin southbendin. ov RECOMMENDA IQNS AND COMMENTS: I have no objection this alley vacation request, however, the Engineering Department should be sure the proposed vacation will not interfere with plans for Eddy Street Knolls development By �"�-� Date �d��j Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission UtyRrni@co.st- joseph.in.us or 235 -9813 fax) Stephen Goan, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmoriffin0nisource.com) (FYI Only) - FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: University of Notre Dame - Greg Hakaden LOCATION: The West Half of the First East/West Alley South of Napoleon Between Duey and the First North /South Alley DATE DUE: 6121110 FAX OR E -MAIL T0; 235.9171 / tmartin southbendin. ov RECOMMENDA IQNS AND COMMENTS: I have no objection this alley vacation request, however, the Engineering Department should be sure the proposed vacation will not interfere with plans for Eddy Street Knolls development By �"�-� Date �d��j From: Federico Rodriguez To: Nancy Schrader Date: 6/18/2010 10:23 AM Subject: Re: Alley Vacation Recommendation - Napoleon /Duey Approved S.S.F.D Federico "Chico' Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,1n. 574 - 235 - 7564(4) 574235- 9305(F) ri u@a_soutiibendln. ov >>> Nancy Schrader 6/15/201010:15 AM >>> Please provide your recommendation, Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251: Fax: (574) 235 -9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originatty addressed. Any use by others is strictly prohibited. Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byomi Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosophcountyindiana .com/areaplan Fax 574 235.9813 June 21, 2010 City of South Bend Board of Public Works 13`h Floor, County-City Building South Bend, Indiana 45601 RE: Alley Vacation Applicant: University of Notre Dante, c/o Greg Hakanen Vacation of the West Half of the First East/West Alley South of Napoleon Street between Duey Street and the ]First North /South Alley Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: {l) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. It is our understanding that the alley will be vacated so that the property can be added to the adjacent parcels for residential development. Therefore, the vacation will assist in the growth and development of the Northeast Triangle area lying immediately south of the Eddy Street Commons redevelopment area, (2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The alley to be vacated and the approximate north 150 feet of the adjacent north- south alley to the east are unimproved alleys. These alleys or said portions thereof are currently impassible due to vegetation, (See the attached aerial photograph.) Since the alley being vacated does not provide any immediate access to adjacent parcels, the proposed alley vacation will not make access difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. There are no churches, schools, or other public buildings or places located near the alley to be vacated. Serving South Send, Lakeville, Now Carlisle, North Liberty, D&Ceola, Roseland and St. Joseph County, Indiana (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Said north -south alley east of the alley being vacated is improved south of the 1 So- foot unimproved and impassible area. This alley will continue to provide access to the multi - family housing development to the east. (See the attached aerial photograph.) Since the proposed alley vacation will not change any direct access or through access, the vacation will not hinder the use of any public way. Due to the above stated reasons, the staff recommends that the alley be vacated. Please contact our office if you have any questions or need any additional information. Sincerely, Derek Spier, AICP Planner Attachments: Aerial Map iu, •; � tit`a' - t t4 -.1 a t141 FtrS,4 1 th - C i l rt C< ! 'R f 11 -- - t , ky 'Nytuyx 1 }1 �ti� � l � + +�� ^ 4 �1x .� } x 1I"^ •,1 AN. 4•yl, ° 5 y 1 ! 1 e L �`•�L aE �. + 5 i zt '�p11, �"�4 E y�V t'� �.�yk2"'l�J��t�� � l § i tiii;. '� � 11 ,;�.,1 t -.� �1 t�>• l L�- � t t -Ia1S` .t x\ 14 l+F1 rlt 4h� �I �l�S Itrr - 'R , l YV U 5 �1� >tit51 V z % sr��pySY' y t ty "rv'l� 1 ty� �i�T }t�ti 4' t -, ='� tit b- ly y� �. s P F`�• _�� ,� - � 1111.~+5 ,,ly Fi` S al y { �, n[ §V'. V A,yhl•{ 1-5 yrr�t l 14 @ t -'Ix' j 5fi1 l LS`} yl'1 - q L . tl t t~ty 4'. 14x4 4 sfLyl�7y a 4 S t 1� y� �5 �� yti1 y �9 F4 t s i t l 1' ` � . 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V s�j' 4ll,iyr 1 , t a4�11"1 e Mat ��;te5 . x „ h.• t��} ` •yl y L i `S 1 ?t Ss 44.15 4�,VCc ['151 ,y 1x445, y' +M1 i S� ,l• S i 5 a ' V u,s }�`it 11 cyija �i„� , � u.� i� -t,kS 44 Sy4 f ( 1 �a 4 Vt>'l 1 ni�S IF5 w.':.; ), V +1 y� t x 1 1e y�'[,t 111 , F'�, lF •V &1� t y ...' � �„ 1�b;A�FF��k'!z5� � ���� 1. 5 tl�. 14S t� -�`K� 4 •_, 1� t�A 1 ,t�aa, + 7 �';. iis'. tl Sl C�I11�'�t ,N 1 11 S 1 t .t ,al „,.�.., �[ ..•s., ?�� ti<.uv 54E�y�z,1 ��4 >. ,4t' .. -,. ,b _ ;Y 1� ;: az INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS FAX OR EMAIL TO: 23641 71 I Imartin southbendin.aoy RECOMMENDATIONS AND COMMENTS: By Date DATE SENT: 6115 T4: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission { b orni ca.st� 9.§e h.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's office FROM: Phil Griffin, NIPS CO { rn riff. cgrrt) (FYI Only) Linda M. Martin, Clerk 44,41 :� - � SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: University of Notre Dame - Greg Hakaden LOCATION: The West Half of the First East/West Alley South of Napoleon Between Duey and the First North /South Alley DATE DUE: 612111 FAX OR EMAIL TO: 23641 71 I Imartin southbendin.aoy RECOMMENDATIONS AND COMMENTS: By Date f SURVEY ORDM 9Y,' UNIVERSITY ty t4oTK DAME SbWU WED-- 06/1 1/2olo PRWECr ND.; IOG146 ��5'5 Ri-rap, 270,00' r7-0-79—' 70 0. 7 —9 VAItV 60464, 7t 4k"EAJ 63 / - 47117'? AU" To BE VN',ATC0 � OUTLOT =A. 6RD. gU-2-G8— LCT '3 LOT '4 XT 5 LOT a L.CT ^.S' L-,T Loll I -H WT 14 6 — 'T '8 LOT M2 5 "ZI s LOT :C, L-IT 1 -P LOT 4 Lo" TCC CT 11 Lend Surveyors PMfO9310n0l Engine . or$ 1 Landscape Architects. Lqn(f Planners F"! )234-4119 7019 4"79 From: Stephen Coen To: Nancy Schrader Date: 6/21/2010 8.27 AM Subject: Re: Alley Vacation Recommendation - Napoleon /Duey No objections This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St 3oe Co. Fatal Alcoho) Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Nancy Schrader 6/15/201010:15 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: 1574) 235 -9251 Fax: (574) 235-9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was origi natty addressed. any use by others is strictly prohibited. Page I of I Nancy Schrader - Re: Alley Vacation Recommendation - Napoleon /Duey From: Chris Dresses To, Nancy Schrader Date: 6/21/201011 :33 AM Subject: Re: Alley Vacation Recommendation - Napoleon/Duey CC: Jeff Vitton Attachments: Jeff Vitton Recommended for approval Christopher D. Dressel Planner City of South Bend Division of Community Development 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Phone., 574-235-5847 Fax: 574 - 235 -9697 cdr el soy bendin.oav >>> Nancy Schrader 6/1512010 10 :15 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 N NN NN NN- .NNN --- NN -^IN "" NNN /�.h�N /vn ♦NN/vI _ N N NN NA�NNNN Nnin /NA.N This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. N rUNN/»NMNNN Nn /N/1� /�� /� /N /�. n.� \. N ry NN NN/w.N NNN N NNN NNN rl+/.i n�ni N �•N NNhr N �V file: / /CADoeuments and SettingsMSCHRAMLocaI SettingslTempwgrpwisel4Ci F4EO9... 6/21/2010 .. .. ..... . L �, � � 0 �), � 0 - 3� ---- RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 6850 ENTERPRISE DRIVE WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 6850 Enterprise Drive South Bend, IN 46628 in order to permit a portion of the building to be used for a Gymnastics Studio classified under a "Recreation Use" in the special exception section of the Light Industrial ordinance. 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 Cleric. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; I The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. � h f Member of the Common Council ,� • "% , a COW a*n on w� mESENTED NOT APPROVED AD-OPTED Filed In lark's Office ,Jai 2010 ' -Wl 1 C0RIDE M 00 Ul 0 m 3 r+ .o C 0 ON 227 South Main Street Suite 300 South Bend Indiana 46501 June 14, 2010 Area Board of Zoning Appeals City of South Bend 227 W. Jefferson Boulevard South Bend, IN 46601 Re: Petition for Special Exception and Parking Variance To whom it may concern, �7 HOLLADAY PROPERTIES Building Solutions Since 7952 PHONE (574) 234 -2073 FAX (574) 284 -3790 A. The information for the party applying for this special exception is below: Ameriplex Centre Partners, L.P. 227 South Main Street, Suite 300 South Bend, IN 46601 Ph: (574) 217 -4498 B. Location of the property in the petition: Ameriplex Centre 6850 Enterprise Drive South Bend, IN 46628 C. The purpose of this variance is to apply for a special exception use of Recreation for a Gymnastics Studio in an existing light industrial zoning in South Bend and to reduce the required amount of parking from 640 spaces to 40 spaces for this use. D. The special exception will not cause undue harm to the public health, safety, morals or general welfare of the community. This will provide a clean secure space to an organization teaching gymnastics skills and lessons on teamwork, competition, and personal effort to young children and adults. An open, tall industrial space is ideal for the task of gymnastics. Currently, there are two other tenants in this building, but the spaces are sufficiently separated and neither party will be in any immediate danger as a result of the other's operation. Also, most operations in this area take place between the hours of 7 am and 5 pm, and the gymnastics operation will have their heaviest use in the evening between the hour of 5 pm to 9 pm, so the possible interaction of this group with 0th ea ' .r €C� minimal.}„ � JLI� South Bend Indianapofis Chicago /Portage Richmond Nashv le L www.holladayproperties.com 3C', i i viF" Pro ert Owners within 300' of Sub'ect Prope 5u,bieCt Property Ameripiex Partners, L.P. 6850 Enterprise Drive South Bend, IN 46628 1. Lonewolf Enterprises LLC c/o Deluxe Sheet Metal 6561 Lonewolf Drive, Suite 100 South Bend, IN 46628 Key Number: 025 -1011 -018707 2. South Bend Redevelopment Commission 227 W. Jefferson Blvd., Suite 1200 South Bend, IN 46601 Key Numbers: 025 - 1011- 018705; 025 - 1011 - 018701; 025 - 1011 - 018703; 025 - 1011 -018702; 025- 1011 - 018704 3. BCL South Bend LLC C/o Daniel Shochtman 450 Skokie Blvd., Suite 604 Northbrook, IL 60062 Key Number: 025 -1011- 018708 4. Olive Enterprise Partners, L.P. 6879 Enterprise Drive South Bend, IN 46628 Key Number: 025 - 1011 -0187 5. JVE Investments LLC 7101 Vorden Parkway South Bend, IN 46628 Key Number: 025 - 1011 - 018603 6• Norma Baney 24605 Cleveland Road South Bend, IN 46628 Key Number: 004 - 1011 - 018401 7. BW Business Park LLC c/o Tire Rack 7101 Vorden Parkway South Bend, IN 46628 Key Number: 004- 1011 - 018604 8. Gibbs Wire and Steel Company 3751 Olive Road South Bend, IN 46628 Key Number: 004- 1011 - 018602 9. Partners Property Management LLC 3650 N. Olive Road South Bend, IN 46628 Key Number: 004 - 1011 -0188 WNS qh N M 1� 4n6 ro cr, Ol00 (n C) m r+ Ir (D =r --j 0-0 0 rD 0 z " (D ;E• rq• l=T (D rA O fD tl NN 77, ro cr, Ol00 (n C) m r+ Ir (D =r --j 0-0 0 rD 0 z " (D ;E• rq• l=T (D rA O fD