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HomeMy WebLinkAbout09-26-11 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MONDAY, SEPTEMBER 26, 2011 7 : 00 P.M. 1 . INVOCATION 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 53-11 PUBLIC HEARING ON A BILL FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 54-11 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 55-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, .INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 56-11 PUBLIC HEARING ON A BILL FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 59-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $95,U00 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP FOUR (4) POLICE VEHICLES 60-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400, 000 FROM SEWAGE WORKS CAPITAL FUND #642 FOR ENGINEERING EXPENSE ON THE PRIMARY CLARIFIER REHABILITATION PROJECT 61-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $1, 498, 700 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR INFRASTRUCTURE INVESTMENT 8 . BILLS, THIRD READING TIME: BILL NO. 56-11 THIRD READING ON A BILL FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 59-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $95, 000 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP FOUR (4) POLICE VEHICLES 60-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400, 000 FROM SEWAGE WORKS CAPITAL FUND #642 FOR ENGINEERING EXPENSE ON THE PRIMARY CLARIFIER REHABILITATION PROJECT 61-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $1, 498, 700 FROM ECONOMIC DEVELOPMENT .INCOME TAX (EDIT) FUND #408 FOR INFRASTRUCTURE. INVESTMENT 9. RESOLUTIONS BILL NO. 11-54 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 815 OLIVER PLOW COURT (PROPOSED ADDRESS) * AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN 7 YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION/OLIVER PLOW PARTNERS, LP 10. BILLS, FIRST READING BILL NO. 62-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS' SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11.- 4 . 2 11 . UNFINISHED BUSINESS BILL 57-11 - REZONING- 120 W. POKAGON ST. - PETITIONER HAS ASKED TO WITHDRAW THE BILL 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 5Ou TH g ' FRACE 11 ; 1965 CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER August 17, 2011 Mr. Derek Dieter President, South Bend Common Council 0 Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 re: Ordinance Levying Taxes and Fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2012 and ending December 31, 2012. This tax rate will apply for property tax assessments in fiscal 2011 with tax payable in fiscal 2012. This bill is respectively submitted for 15t read filing with the Common Council for the council meeting scheduled for August 22, 2011, 2"" read and public hearing at the council meeting on September 26, 2011, with V read and council vote at the council meeting on October 10, 2011. The bill attached submitted for 1 st read filing contains tax rates undefined. The tax rates will be defined prior to the advertising notice deadline of August 31, 2011. A substitute bill will be filed at that time for discussion with the Council during the Personnel and Finance Committee sessions, and public hearings. This bill will be presented to the Common Council by the Mayor and Controller as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respecti ly sumitted, Gregg D. f 6nta r a F114Wiitr 'r.: * �. cc: Stephen J. Luecke, Mayor of the City of South Bend Aladean DeRose, Chief Assistant City Attorney AVQ 17 2,Q'i I John Voorde, Clerk of the City of South Bend Kathleen Cekanski-Farrand,Attorney for the Common Council U l�I7�ND,It�t County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 ORDINANCE NO- AN AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY. OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 STATEMENT OF PURPOSE AND INTENT: It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2011 to be collected in the year 2012 the following: For CORPORATION GENERAL FUND,the sum of$0.00000 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND,the sum of$0.00000 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of$0.00000 on each one hundred dollars of Taxable Property, Total Civil City Rate$0.00000 For REDEVELOPMENT BOND(COLLEGE FOOTBALL HALL OF FAME), the sum of$0.00000 on each one hundred dollars of Taxable Property. Total Redevelopment Rate$0.00000 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: C.f iS 91 f�kE for City Clerk Cot na. 00LI(3j,on Va�� Presented by me to the Mayor of the City of South Send, Indiana on the day of ,2 , at o'clock M. Deputy City Clerk Approved and signed by me on the day of 2 , at o'clock m. Mayor, City of South Bend, Indiana Filed i n Clork" Office T SE READING !,,� f. PUBLIC HEARING �JV r 3 rd PEA.DJ1 G NOT REFERRED APPROVIR JOHN CITY CLERK, C`U- B NO,IN V'rFERP.ED. 'SSED SPUTii$ CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER August 17, 2011 -� �--� Mr. Derek Dieter President, South Bend Common Council 4a' Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Send for the fiscal year ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2012 and ending December 31, 2012. This bill is respectively submitted for 16t read filing with the Common Council for the council meeting scheduled for August 22, 2011, 2nd read and public hearing at the council meeting on September 26, 2011, with 3rd read and council vote at the council meeting on October 10, 2011. This bill will be presented to the Common Council by the Mayor, Controller, Departments Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Please note that as of the date of this filing, City Administration is in contact with the Office of the City Clerk to define and determine the appropriate schedule for the committee meeting sessions of the Personnel and Finance Committee to affect Council review of the 2012 budget of the City of South Bend. Respec ly submitted, I Gregg D. entara Hied in Cif rk:,,v. cc: Stephen J. Luecke, Mayor of the City of South Bend .., " Aladean DeRose, Chief Assistant City Attorney John Voorde, Clerk of the City of South Bend AVO 7 ? j Kathleen Cekanski-Farrand, Attorney for the Common Council JOHN VaoRVE CITY CLERK,SOUTH BEND,IN County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING,JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several departments of the Civil City of South Bend, Indiana for 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS; SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2012, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION i!I. For the fiscal year ending December 31, 2012, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit. (102) Rainy Day Fund (103) Excess Levy Fund (201) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non-Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community&Economic Development Operating Fund (212) Community and Economic Development Fund (216) Police State Seizures Fund (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (226) liability Insurance& Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (250) General Grant Fund (251) Local Roads and Streets Fund (252) Excess Welfare Distribution Fund (258) Human Rights-Federal Fund (271) East Race Waterway (273) Morris PAC/Palais Royale Marketing Fund (278) Police Take Home Car Liability Fund (280) Police Block Grant Fund (281) Economic Development Revenue Bonds Fund (288) E.M.S. Capital Improvement Fund (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund (295) COPS More Grant (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403) Zoo Endowment Fund (404) County Option.Income Tax Fund (405) Park Department Non-Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative C.At' Improvement Fund (408) County Economic Development Income Tax Fund (410) Urban Action Development Grant Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CRED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hail of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K-9 Unit Fund (711) Self Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION 111. 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 oundf Attest: ♦ * eta N&I. sP Rti1�% o pm,yi 2.. },cv op"alki for pubC ' sa�n City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , a# o`clock . m. Deputy City Clerk Approved and signed by me on the day of 2 at _____o'clock .m. Mayor, City of South Bend, Indiana Rodin s 1st READING �:���°� 5 ��i PUBLIC HEAFVNIG ' i 3rd READIP'G � r 7zo NOT. APPROVEk 1 REFERRED u -tqN U0 P0r; PASSED, CITYCLERK. sc-u,tii apmra.IN OUTR 8 � lf6ACEn .� ; . . 1865 CI'T'Y OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER August 17 2011 Mr. Derek Dieter President, South Bend Common Council 4th Floor County City Building 227 VII, Jefferson Blvd. South Bend, IN 46601 re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures of the City of South Bend for the fiscal year commencing January 1, 2012 and ending December 31, 2012. This bill is respectively submitted for 1st read filing with the Common Council for the council meeting scheduled for August 22, 2011, 2"d read and public hearing at the council meeting on September 26, 2011, with TO read and council vote at the council meeting on October 10, 2011. This bill will be presented to the Common Council by the Mayor, Controller, Departments Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Please note that as of the date of this filing, City Administration is in contact with the Office of the City Clerk to define and determine the appropriate schedule for the committee meeting sessions of the Personnel and Finance Committee to affect Council review of the 2012 budget of the City of South Send. Respec i ely submitted, Gregg D. ientara Re i n C f�-WrVs Oftke CC' Stephen J. Luecke, Mayor of the City of South Bend Aladean DeRose, Chief Assistant City Attorney John Voorde, Clerk of the City of South Bend .i I Kathleen Cekanski-Farrand, Attorney for the Common Council JOHN'-0-0Rj) ;LERK,801,1 B Np,IN County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD:574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND., INDIANA, FOR,THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2012. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana,its various departments, funds,commissions and institutions for the fiscal year ending December 31,2012,the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section 11, and for the purposes hereinafter specified in Section 11, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2012, the above appropriations are made within the following funds of the City: (600) Consolidated Building Fund (601) Parking Garage Fund (610) Solid Waste Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (623) Water Works Bond Capital Fund (624) Water Works Customer Deposit Fund (625) Water Works Sinking Fund (626) Water Works Bond Reserve Fund (629) Water Works OEM Reserve Fund (640) Sewage Repair Fund/insurance Fund (641) Sewage Works General Operations Fund (642) Sewage Works Capital Fund (643) Sewage Works O&M Reserve Fund (647) Sewer Bond 2007 Fund (649) Sewage"Works Sinking Fund (650) Sewage Works Clay Operating Fund (651) Sewer Bond 2007B Fund (653) Sewage Works Debt Service Reserve Fund (658) Sewer Bond CSO Plan 2010 Fund (670) Century Center Operating Fund (671) Century Center Capital Fund (659) Sewage Works 2011 Bond Construction Fund (661) Sewage Works 2012 Bond Construction Fund SECTION Ili. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: Sbrft of'h b41 Is 0*(0 ProvVe an qVQUAY for Pup3>'C h0a[Mg Md City Clerk courd> t Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2—, at o'clock m. Deputy City Clerk Approved and signed by me on the day of 2 at o 'clock M. Mayor, City of South Bend, Indiana l in ed I 1st READING � AVQ i 2601 J PUBLIC HEARING ilomw 3 rd READING l ily GLlrl�l( a( €1TI71D AND,IN NOT APPROYFD _- REFERRED PASSED p1JTII8��� V K 10 X1865- CITY OF SOU'T'H BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIEN`I'ARA CONTROLLER August 17, 2011 Mr, Derek Dieter President, South Bend Common Council 4t''Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 re: Ordinance Fixing Maximum Salaries and Wages of Appointed Officials and Non-Bargaining Employees for the fiscal year commencing on January 1, 2012 and ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the maximum salaries and wages of appointed officials and non-bargaining employees for the fiscal year commencing on January 1, 2012 and ending December 31, 2012. This bill is respectively submitted for 151 read filing with the Common Council for the council meeting scheduled for August 22, 2011, 2nd read and public hearing, 3`d read and council vote at the September 12, 2011 Common Council meeting. This bill will be presented to the Common Council by the Mayor and Controller as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respecti el ubmitted, Gregg D.' n re cc: Stephen J. Luecke, Mayor of the City of South Bend .Kw Aladean DeRose, Chief Assistant City Attorney p- p_. John Voorde, Clerk of the City of South Bend Filed In Clerk fk"XI i Kathleen Cekanski-Farrand, Attorney for the Common Council i AUQ Z01 i JDHN VOORDE CITY CLERK,SOUTH BEND,IN County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 Bill No. ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City of South Bend for the calendar year 2012. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid may be less than the maximum amounts set forth herein. This Ordinance establishes such compensation for approximately all non-bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section 1. Maximum Compensation (a) The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi-Weekly basis. Amounts by alphabetical position are set forth as well as the annual salary for each position. Section 11. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays designated by the Board of Public Works shall govern non-bargaining employees for the calendar year 2012. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Maior Medical Insurance. The City shall maintain a comprehensive major medical insurance program that all non bargaining employees may participate in under the rules and guidelines of the plan document, All employees receive a copy of a plan document each year. (2) Short and Long Term Disability. Short and Long Term Disability i n shall be as set forth ,.,. . the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Employer's Comprehensive Mayor Medical Insurance Program. The City shall pay one hundred and thirty($130) per month ($65 biweekly)to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty($130) payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000)for each employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Per lod. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty(60)day eligibility period; and that the long-term disability program requires a minimum of a ninety(90) day eligibility period which must be met. (e) Hiring Bonus. The Mayor, may, at his/her discretion, offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100)to four thousand ($4,000). (f) Police Communication Employees. Employees working in the communications area of the Police Department will be paid stand-by beeper pay as follows: one hour of straight time pay will be paid to one employee to cover each shift each day for the one hour immediately preceding the shift change, (g) Allowances 1. Auto Allowance. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one($1) to five hundred ($500)dollars per month. 2. Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one-hundred ($100) per month. (h) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one (1)year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10,2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERT= covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council, (i) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. (j) Definition of Full-Time Employee. Full-time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled, forty(40) hours per week, or a reduced full-time schedule of thirty-two (32) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. (k) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule, not to exceed one thousand forty(1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits), they are,not eligible for other City benefit programs with the exception of the positions listed below: All Attorney's employed in the City Attorney's Office in part-time positions as well as all elected Council members. These positions are eligible for participation in all of the Employer's Benefit Programs. (1) Policies and Procedures. Two (2) copies of the City's Personnel Policies and Procedures Manual and the Family and Medical Leave Act Policy shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County- City Building, South Bend, Indiana. Section 111. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. `i ' Member of the Common Council Attest: S�Fft of Me US isuftnhy to poss'le an City Clerk OPPM0 4 €4 PUN-, kle coin awm&I Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock M. Deputy City Clerk Approved and signed by me on the day of 2011, at o `clock M. Mayor, City of South Bend, Indiana Filed In Clerk' Office ... x READING -L _t ` I l 1 BCIC HEARING I READING JOHIN VOORDE ? 'r APPROV&D Ct t"Y GG ERK SOUTH BEND, W 3 ERRED >5E'p City of South Bend,Indiana Effective Date: January 1,2012 2012 Salary Ordinance Setting Maximum Salary 2011 2011 2012 2012 Job Salary Salary 81-Weekly %Increase Code note i Job Title Status note (note 3) (note 3 note2) Full-Time Positions NENB-8-3 Academic Coordinator-CB Center Full Time 31,337 31,980 1,230 2% NENB-8-3 Academic Coordinator-MLK Center Full Time 35,623 36,348 1,398 2% NENB-C-2 Accounting Assistant Full Time 37,976 38,740 1,490 2% NENB-C-1 Accounting Clerk IV Fulf Time 29,574 30,186 1,16f 2% NENB-A-5 Accounts Payable Supervisor Full Time 42,058 43,550 1,675 4% NENB-D-4 Accounts Payable Technician Full Time 31,111 31,746 1,221 2% NENB-C-1 Administrative Assistant I Full Time 35,259 35,984 1,384 2% NENB-C-1 Administrative Assistant 11 Full Time 36,313 37,050 f,425 2% ENB-B-1 Animal ControtAssistant Full Time 30,620 31,252 1,202 2% ENB-B-1 Animal Control Officer Full Time 30,845 31,486 1,2f f 2% ENB-B-1 Animal Control Officer Senior Full Time 34,084 34,788 1,338 2% ENB-A-3 Assistant Box Office Manager 1 Full Time 30,120 30,732 1,182 2% ENS-A-3 Assistant Box Office Manager 11 Full Time 33,671 34,346 1,321 2% ENB-B-f Assistant City Attorney Full Time 67,143 68,510 2,635 2% ENB-A-3 Assistant City Engineer Full7ime 68,583 73,060 2,810 7% ENB A-3 Assistant Director Administrative Sery Full Time 49,149 50,154 1,929 2% EN8-A-3 Assistant Director Communication Cntr Full Time 44,185 45,084 1,734 2% ENB-A-3 Assistant Director of Distribution Full Time 45,651 46,566 1,791 2% ENB-A-3 Assistant Director of Treatment Full Time 45,393 46,306 1,781 2% ENS-A-3 Assistant Director Administration&Marketing Full Time 45,276 46,202 1,777 2% ENB-A-3 Assistant Director Booking&Event Operation Full Time 42,864 43,732 1,682 2% ENS-A-3 Assistant Director CED Full Time 55,624 56,758 2,183 2910 ENS-A-3 Assistant Director Human Resources Full Time 50,366 51,376 1,976 2% ENB-A-3 Assistant Director MPAC Financial Reporting Full Time 43,936 44,824 1,724 2% ENB-A-3 Assistant Director Recreation Full Time 50,219 51,246 1,971 2% ENB-B-1 Assistant Facility Operations Manager Full Time 31,620 32,266 1,24f 2% ENB-A-f Assistant To The Mayor Full Time 64,136 65,442 2,517 2% ENB-B-1 Assistant Zoning Administrator Full Time 51,293 52,338 2,013 2% ENB A-5 Athletic Supervisor Full Time 39,541 40,352 1,552 2% ENB-A-4 Sox Office Manager Full Time 37,083 37,830 1,455 2% ENB-A-1 Building Commisioner Full Time 76,279 77,618 2,993 2% ENB-B-3 Building Inspector V1 Full Time 42,345 43,2f2 1,662 2% ENS-B-3 Business License Administrator Full Time new 31,070 1,195 ENB-B-3 CED Specialist 11 Full Time 36,305 37,050 1,425 2% ENB-B-3 CED Specialist III Full Time 38,451 39,234 1,509 2% ENB-B-3 CED Specialist Vi Full Time 48,793 49,790 1,915 2% ENB-8-3 CED Specialist Senior Full Time 52,736 53,794 2,069 2% ENB-A-5 Center Supervisor Foil Tima 39,541 40,352 1,552 2% ENB-B-f Chemist Full Time 43,975 44,876 1,726 2% ENB-B-I Chemist Lead Full Time new 47,736 1,836 ENB-B-1 ChemistlSafetyOfcer Full Time 44,021 44,902 1,727 2% ENS-A-4 Chief Deputy City Clerk Full Time 44,996 45,916 f,766 2% ENB-B-1 Chieflnspector Full Time 44,423 45,318 1,743 2% NENB-C-1 City Clerk Secretary Full Time 29,658 30,264 f,164 2% ENB-A-1 City Controller Full Time 84,226 85,930 3,305 2% ENB-A-1 City Engineer Full Time 74,909 76,414 2,939 2% NENB-F-f Clerk Terminal Operator Full Time 25,984 26,520 1,020 2% ENS-B-1 Club Pro Municipal Golf Course Full Time 44,580 45,474 1,749 2% ENB-B-3 Code Inspector IV Full Time 36,285 37,024 1,424 2% NENB-8-3 Collection Specialist Full Time 31,367 32,006 1,231 2% ENB-A-5 Communication 1 Supervisor Full Time 40,303 41,132 1,582 2% ENB-A-5 Communication II Supervisor Full Time 40,839 41,678 1,603 2% ENS-A-5 Communication Specialist 1 Full Time 29,131 30,888 1,188 6% NENB-8-3 Communication Specialist II Full Time 32,676 34,528 1,328 6% NENB-B-3 Communication Specialist if! Full Time 32,836 35,022 1,347 7% NENB-F-1 Court Liaison Full Time 30,996 31,616 1,216 2% NENB-F-1 Crime Analyst Full Time 33,936 34,632 1,332 2% NENB-F-1 Crime Laboratory Supervisor Full Time 50,938 51,974 1,999 2% NENB-F-f Crime Lab FireArms Examiner Full Time 51,714 52,754 2,029 2% EN8 A-4 CSO Operations Manager Full Time 53,778 54,860 2,110 2% NENB-B-3 Customer Service Coordinator Full Time 37,769 36,558 1,483 2% ENB-A-4 Customer Service Manager Full Time 43,334 44,226 1,701 2% ENB-A-5 Customer Service Supervisor Full Time 40,303 41,132 1,582 2% NENB-F-1 Data Entry lAlarms Coordinator Full Time 28,234 28,608 1,108 2% NENB-F-1 Data Entry Records Coordinator Full Time 31,894 32,552 1,252 2% NENB-F-1 Data Entry Specialist It Full Time 27,707 28,262 1,087 2% ENB A-5 Data Processing Supervisor Full Time 40,303' 41,132 1,582 2% ENB-B-2 Departmental System Specialist Full Time 42,351 43,2f2 1,662 2% NENB-C-1 Deputy City Clerk Full Time 38,543 39,338 1,513 2% NEN13-B-3 Desigrzl Plan Review Specialist Full Tim& 54,080 55,172 2,f22 2% ENS-A-3 Director City Finance Full Time 66,300 67,626 2,601 2% ENB-A-2 Director of Development Full Time 55,322 56,446 2,171 2% ENB-A-2 Director of Distributions Full Time 57,276 58,422 2,247 2% 2012 bsdgal Draft x 1I Salary Ordinance non bergakdng povtion comp xis Page 1 of4 City of South Bend,Indiana Effective Date: January 1,2012 2012 Salary Ordinance Setting Maximum Salary 2011 2012 2012 2012 Job Salary Salary 81-Weekly %increase Code note 1) Job Title Status note note foote 3) note2 Full-time Positions ENB-A-3 Director of Finance(Park Administration) Full Time 55,322 56,446 2,171 2% ENHA-2 Director of Finance(Water Utility) Full Time 57,931 59,098 2,273 2% ENB-A-3 Director of Finance(Public Works) Full Time 63,240 64,506 2,481 2% ENH-A-2 Director of Financial Services Full Time 54,090 55,172 2,122 2% EN8-A-2 Director of Marketing&Promotions Full Time 49,502 50,518 1,943 2% ENB A-4 Director Records Bureau Full Time 41,616 42,4¢8 1,633 2% ENB-A-1 Director of streets Full Time 68,193 69,576 2,676 2% ENB-A-2 Director of Treatment Full Time 53,881 54,964 2,114 2% EN8-A-1 Director Parks&Recreation Full Time 74,047 75,530 2,905 2% ENBA-1 Director Public Works Full Time 81,135 82,758 3,183 2% ENB-A-2 Director Administrative Services Full Time 55,864 56,992 2,192 2% ENS-A-2 Director Administrative Services Parks Full Time 55,864 56,992 2,192 2% ENB-A-1 Director Central Services Full Time 67,011 68,354 -2,629 2% ENB-A-1 Director Code Enforcement Full Time 67,867 69,238 2,663 2% E•NBA-2 Director Communication Cntr Full Time 54,334 55,432 2,132 2% ENB-A-2 Director Communications&Radio Full Time 51,310 52,336 2,013 2% ENB-A-2 Director Communications&Special Projects Full Time 57,181 58,344 2,244 2% ENB-A-1 Director Community Development Full Time 67,011 68,354 2,629 2% ENS-A-1 Director CSO Project Management Full Time 71,292 72,722 Z 797 2% ENB-A-1 Director Economic Development Full Time 67,011 68,354 2629 2% ENS-A-2 Director Energy Conservation Full Time 68,016 69,394 2,669 2% ENB-A-2 Director Financial&Program Management Full Time 61,410 62,660 2,410 2% ENB-A-2 Director Golf Operations Full Time 55,864 56,992 2,192 2% ENS-A-2 Director Human Resources Full Time 61,910 63,154 2,429 .2% ENB A-2 Director Human Rights Full Time 53,186 54,262 2,087 2% ENB-A-1 Director Information Technology Full Time 67,011 58,354 2,629 2% EN8-A-2 Director Recreation Full Time 61,483 62,738 2,413 2% ENB A-2 Director Secretarial Services Full Time 47,136 48,100 1,850 2% ENB-A-2 Director WasteWater Full Time 66,065 67,392 2,592 2% ENB-A-2 Director Waste Water Maintenance Full Time 58,695 59,876 2,303 2% ENB-A-1 Director Water Works Full Time 67,011 68,354 2,629 2% ENS-A-2 Director2'oo Full Time 55,822 56,940 2,190 2% NENB-C-1 Distribution Records Drafter Full Time J6,7,90 37,518 1,443 2% ENB-A-1 Division Director of Environmental Services Full Time 70,227 71,656 2,756 2% ENB-B-2 Engineer Aide IV Full Time 36,780 37,518 1,443 2% ENB-B-2 Engineer 11 Full Time 64,377 65,676 2,526 2% ENB-B-2 Engineer Inspector Full Time 37,789 38,558 1,483 2% ENB-B-2 Event Service Technician I Full Time 24,449 24,960 960 2% ENB-B-2 Event Service Technician 11 Full Time 27,831 28,392 1,092 2% NENB-F-1 Evidence Technician Full Time 33,848 35,542 1,367 5% ENB-A-1 Executive Director CED Full Time 90,941 92,768 3,568 2% E°NB-A-1 Executive Director Morrls-PAC Full Time 73,772 75,270 2,895 2% ENB A-4 Facility Operations Manager Full Time 44,755 46,656 1,756 2% NENB-F-f Film Processor Full Time 32,895 33,566 1,291 2% NENB-8.3 Financial Specialist 1 Full Time 31,111 31,746 1,221 2% NENB-B-3 Financial Specialist It Full Time 33,934 34,632 1,332 2% NENB-B-3 Financial Specialist fit Full Time 37,977 38,740 1,490 2% NENB-B-3 Financial Specialist IV Full Time 40,258 41,080 1,580 2% NENB-B-3 Financial Specialist Senior Full Time 48,077 49,062 1,887 2% NENB-F-1 FingerPrint/Photo Technician Full Time 32,896 33,566 1,291 2% ENB-A-5 Fitness Supervisor Full Time 39,541 40,352 1,552 2% ENB-A-5 Foreman IV Full Time 37,101 37,856 1,456 2% ENB-A-5 Foreman V Full Time 41,829 42,666 1,641 2% ENB-B-i Forester Full Time 51,733 52,780 2,030 2% ENB-B-1 General Zoo Curator Full Time 46,079 47,008 1,808 2% ENB-A-4 G1SManager Full Time 54,913 56,030 2,155 2% ENB-A-4 Golf Course/RinkManager Full Time 49,620 50,622 1,947 2% ENB-B-1 Greenskeeper Full Time 40,337 41,158 1,583 2% ENB-A-5 Healthy Seniors Supervisor Full Time 33,979 34,684 1,334 2% ENB-B-3 Housing Specialist V Full Time 41,918 42,770 1,645 2% ENB-B-3 Housing Specialist VI Full Time 44,509 45,422 1,747 2% ENB-B-3 Housing Specialist Senior Full Time 49,447 50,440 1,940 2% EN8-B-3 Human Resources Specialist IV Full Time 42,056 42,900 1,650 2% NENB-8-2 Industrial Pretreatment Specialist i Full Time 46,818 47,762 1,837 2% ENB-B-3 IntakeOfBcer/lnvestigator Full Time 31,014 31,642 1,217 2% NCNB-C-2 internalAuditor Full Time 53,581 54,678 2,103 2% NENB-B-2 Inventory Control Technician 11 Full Time 32,653 33,332 1,282 2% ENB-B-3 Investigator Full Time 35,543 36,270 1,395 2% ENS-13-3 Investigator 111 Full Time new 38,584 1,484 ENB-8-3 Investigator IV Full Time 40,073 40,898 1,573 2% EN8-B-3 Investigator Full Time 42,053 42,900 1,650 2% NENB-B-2 Laboratory Technician Full Time 29,658 30,264 1,164 2% NENB-C-2 License Clerk Full Time 33,936 34,632 1,332 2% 2012 budge(DraR M xK-41 Salary Ordinance nnn bargaining pnsl6w C mpAs Page 2 al4 City of South Bend,Indiana Effective Date. January 1,2012 2012 Salary Ordinance Setting Maximum Salary 1011 2012 2012 2012 Job salary Salary El-Weekly %Increase Code note 1 Job Title Status note note 3 note 3 (note2 Full-Time Positions NENB-B-2 Locator Full Time 37,469 38,220 1,470 2% EN8 A-5 Maintenance Foreman/I Full Time 33,538 34,216 1,316 2% ENB-A-4 Maintenance Manager Full Time 52,211 53,274 2,049 2% ENB-A-5 Maintenance Mechanic Supervisor Full Time 50,097 51,116 1,966 2% ENB-A-5 Maintenance Superintendent Full Time 55,864 56,992 2,192 2% ENB A-4 Manager of Equipment service Full Time 53,329 54,418 2,093 2% ENB-A-4 Manager of Sewer Operations Full Time 57,083 60,008 2,308 5% ENS-A-4 Manager of Solid Waste Operations Full Time 54,854 55,952 2,152 2% ENS-A-4 Manager of Streets Full Time 54,854 55,952 2,152 2% FNB-A-4 Manager Environmental Compliance Full Time 56,966 59,566 2,291 010 ENB-A-4 Manager Parts Maintenance Full Time 36,515 39,286 1,511 2% ENB-B-1 Marketing and Education Curator Full Time 37,805 38,584 1,484 2% ENB-B-1 Naturalist Full Time 32,252 32,916 1,266 2% ENB-B-2 Network Engineer Full Time 52,602 53,664 2,064 2% ENB A-4 Office Manager Full Time 32,424 33,098 1,273 2% ENB-A-4 Operations Manager Full Time 57,083 58,240 2,240 2% ENB-A-5 Operations Supervisor Full Time 52,211 53,274 2,049 2% NENB-C-2 Ordinance Violations Bureau Clerk Full Time 32,529 33,202 1,277 2% NEN8-B-3 Paralegal Full Time 39,959 40,768 1,568 2% NENB-F-1 Park Police 11 Full Time 31,596 32,240 1,240 2% NENB-A-5 Payroll Supervisor Full Time 37,976 38,740 1,490 2% ENB-A-4 Permits Manager Full Time 43,015 43,888 1,688 2% ENB-B-3 Planner V1 Full Time 48,793 49,790 1,915 2% NENB-B-2 Preventative Maintenance Coordinator Full Time 36,665 37,414 1,439 2% ENB-A-4 Print Shop Manager Full Time 41,829 42,666 1,641 2% NENB-6-2 Pint Shop Technician Full Time 34,340 35,048 1,348 2% ENBA-5 Program Supervisor Full Time 39,541 40,352 1,552 2% ENB-B-2 Programmer Analyst I Full Time 40,827 41,652 1,602 2% ENB-B-2 Programmer Analyst 11 Full Time 4Z577 43,446 1,67f 2% ENB-B-3 Project Analyst VI Full Time 41,257 42,094 1,6f9 2% ENB-B-3 ProjectAnalyst Vlll Full Time 44,579 45,474 1,749 2% ENB-B-3 Project Inspector I Full Time 43,015 43,888 1,688 2% ENB-B-3 Project Inspector 11 Full Time 45,619 46,748 1,798 2% ENS-A-4 Project Manager Full Time 47,289 48,256 1,856 2% NENB-F-f Public Assistance Clerk 11 Full Time 27,083 27,638 1,063 2% ENB-A-4 Public Construction Manager Full Time 56,939 60,136 2,313 2% NENB-B-3 Public Relations Specialist Full Time 39,535 40,326 1,551 2% NENB-B-3 Public Works Safety Coordinator Full Time 44,038 44,928 1,728 2% ENS-A-4 Purchasing Manager Full Time 56,744 60,008 2,308 6% NENB-B-2 Quality Assurance Distribution Technician Full Time 37,10f 37,856 1,456 2% NENB-B-2 Quality Assurance Treatment Technician Full Time 39,729 40,534 1,559 2% NENB-B-2 Radio Techiclan Ill Full Time 46,865 47,814 1,839 2% NENB-S-2 Radio Technician I Full Time 42,193 43,056 1,656 2% NENB-B-2 Radio Technician 11 Full Time 43,575 44,460 1,710 2% EN8-A-4 Residential Marketing Specialist Full Time 57,222 58,370 2,245 2% ENB-A-5 Rum Village Park Supervisor Full Time 36,622 37,362 1,437 2% ENB-A-4 Safety&Risk Manager Full Time 46,170 52,000 2,000 8% NENB-8-3 Sales/Event Associate Full Time 33,747 34,424 1,324 2% ENB-2-3 SCDA Instrument Specialist Full Time 49,611 50,622 1,947 2% NENB-C-f Secretary It Full Time 25,256 25,766 991 2% NENB-C-I Secretary lit Full Time 26,527 27,066 1,041 2% NENB-C-1 Secretary iV Full Time 28,151 28,730 1,105 2% NENB-C-1 Secretary of the Board Full Time 39,729 40,534 f,559 2% NENB-C-f Secretary Full Time 29,659 30,264 1,164 2% ENB-B-3 Senior CAD Specialist Full Time 43,015 43,886 1,688 2% ENB-8-3 Senior GIS Specialist Full Time 44,464 45,370 1,745 2% NENB-F-1 Senior Property/Evidence Custodian Full Time 31,854 32,500 1,250 2% ENB-A-5 Signal Supervisor Full Time 49,611 50,622 1,947 2% NENB-B-3 Special Events Assistant Full Time 35,906 36,634 1,409 2% ENS-A-5 Special Events Supervisor Fult Time 38,562 39,338 f,513 2% NENB-8-3 Stock Room&Safety Coordinator Full Time 44,037 44,928 1,728 2% ENB-A-5 Superintendent if Full Time 44,211 45,110 1,736 2% ENB A-5 Superintendent It/ Full Time 45,651 46,566 1,791 2% ENB-A-5 Superintendent V Full Time 50,097 51,116 1,966 2% ENB-B-2 System Specialist 11 Full Time 48,086 49,530 1,905 3% ENB-8-2 System Specialist lit Full Time 51,149 53,716 2,066 5% ENB-B-2 System Specialist IV Full Time 56,134 60,008 2,308 7% ENS-A-4 Technical Stage Manager Full Time 36,435 37,180 1,430 2% ENS-A-4 Traffic&Lighting Manager Full Time 54,854 55,952 2,152 2% ENB-B-2 Utilities System Specialist Full Time 49,042 50,024 1,924 2% NENB-8-3 Violence Prevention Coordinator Full Time 31,337 31,980 1,230 2% NENB-B-3 Violence Prevention Coordinator 11 Full Time 35,096 35,802 1,377 2% NENB-B-2 Water Treatment Operator PF Full Time 40,303 41,132 1,582 2% X12 budge+LYaR WfXX-rf Salary Ordinance non b6FgWr6ng positions p.xls Page 3 of 4 City of South Bend,Indiana Effective Date: January 1,2012 2012 Salary Ordinance Setting Maximum Salary 2011 2012 2012 2012 Job Salary Salary Bi-Weeldy %Increase Code note 1 Job Title Status note note 3 note 3 note2 Full-Time Positions NENB-B-3 Water Works Special Projects Coordinator l Full Time 39,729 40,534 1,559 2% N!~NB-8-3 Water Works Special Projects Coordinator 11 Full Time 43,334 44,226 1,701 2% ENS-B-2 Water Quality Specialist Full Time 50,982 52,026 2,001 2% HENS-B-3 Youth Sports Coordinator Full Time 31,337 31,980 1,230 2% ENB-A-5 Youth Supervisor Full Time 39,541 40,352 1,552 2% NENB-B-3 Zoning Specialist Full Time 37,774 38,532 1,462 2% ENB-B-1 Zoo Veterinarian Full time 54,470 55,562 2,137 2% Part Time Positions Receiving Benefits NENB-D-4 CED Project Coordinator Part Time 35,739 36,476 1,403 2% ENB-D-1 Chief City Assistant Attorney Part Time 41,295 42,146 1,621 2% ENS-D-1 City Attorney Part Time 55,522 56,654 2,179 2% ENB-D-1 Deputy City Attorney 111 Part Time 35,460 36,192 1,392 2% ENB-D-i Deputy City Attorney IV Part Time 45,492 46,410 1,785 2% Hourly Non Bargaining Maximum hourly rate Hourly Hourly 26.40 26.92 EMEMMI= 2% Other Compensation Water Utility Off duty water technicians monitoring water operations off site Hourly 0.30 0,30 JIMMIE= 0% Note(s) 1 Job Codes maintained by Human Resource Department 2 6i-weekly pay based on 26 pay periods 3 Maximum salary-pay may be less than maximum 4 5 6 7 8 Salary Rate increase 2,09/a 2012 budget D d l B91 xx-11 Salary Ord!anae non bargaining position c mp.xls Pege a at q pY3 Tit g U 01 CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER September 7, 2019 C r4 L l l Mr. Derek Dieter President, South Send Common Council 4 1h Floor, County-City Building South Bend, IN 46601 re: Ordinance of the Common Council Appropriating Monies to Purchase Police Vehicles Dear President Dieter: Find herewith enclosed for filing with the Common Council, a spending ordinance bill appropriating monies in the amount of$95,000 from the General Fund #101, for the purchase of four (4) Investigative/ Administrative Police vehicles including all necessary emergency equipment, i.e., lights, siren, speakers, etc. Specific vehicle make and model for the four (4) vehicles will be determined following the appropriation approval. The vehicles will be acquired through either the State of Indiana QPA, Federal Government GSA Auto Choice Program, or existing 2011 Board of Public Works Vehicle Bid Award. The monies used to fund the vehicle acquisition will be from existing cash balance in the general fund which has accumulated over the last twenty-four (24) months, from insurance settlements received from third party insurance carriers for vehicle damages caused by third party events. At,present, the city has a current balance of$913,110 received from third party insurance carriers with the sole intended use to fund the replacement of the vehicles damaged by the third party's. With Council approval of this appropriation, the remaining unused balance of insurance reimbursement will be $18,110 sequestered in the general fund to accumulate for future third party damaged vehicle replacement. This bill is presented to Council for 1't read on September 12, 2"d read, public hearing, 3i' read and Council vote at the September 26, 2011 Council meeting. Chief of Police Boykins will present this bill to Council at the appropriate committee session and at the Council eeting, Regards - .....�___.�...,.� a r Fded hn C*Ierkls office f Gregg D: ie tara ..�. cc: Ste en J. Luecke, Mayor of the City of South Bend v�l 10 Darryl Boykins, Chief of Police ��.--- Gary Horvath, Services Division Chief, South Bend Police JOHN V008�' " C!'Y CLERK,S6UTH S' Ewa, County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Vi Phone: 574/235-9216 Fax:574/235-9928 TDD: 574/235-5567 V ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $95,000 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP FOUR(4) POLICE VEHICLES STATEMENT OF PURPOSE AND INTENT The South Bend Police Department is in need of four (4) vehicles replacing vehicles damaged by third party events where such damages have been reimbursed to the city by third party insurance carriers. The third party insurance carrier reimbursements have accumulated in the General Fund #101 over the last twenty-four (24) months, and such accumulated monies will be used to fund the acquisition of the vehicles. The sum of $95,000 should therefore be appropriated to purchase and equip the replacement vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of$95,000.0.0 is hereby appropriated and set aside within General Fund 4101 to purchase four(4) vehicles and equip said vehicles appropriately for the specific use and specific needs of the City of South Bend Police Department. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Coun it City Clerk o t titj Ros puU.10 he ding and Cons d soon on this Wa 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. Red In t", Cleff lee Mayor, City of South Bend, Indiana ,UI a READING `" X HEARING s READING �y CITYCLERK,Zliv 1,r, AP3�}ROV EV 4 W x.1865', J� PC) ` 6� A CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF,ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER Red September 7, 2011 Mr. Derek Dieter President, South Bend Common Council '4th Floor,t=toor, County-City Building , H BENQ,t�IN? South Bend, IN 46601 1 - .. re: Ordinance of the Common Council Appropriating Monies for Engineering work for the Primary Clarifier Rehabilitation capital investment Dear President Dieter: One of the capital projects included in the 2012 budget currently under review, by the Council, includes a project entitled"Primary Clarifier Rehabilitation". This project is one of twenty projects and a part of the 50 million dollars identified in the facility plan to upgrade the nearly 60 year old facility. This project is important to bring the plant up to standards to meet current EPA and IDEM regulations and combined sewer overflow consent decree negotiations. Also, there is a daily growing need to replace this equipment as we are using 3 different companies' equipment parts to repair and piece together this worn out equipment to keep it in operation. This project is estimated to cost 3.5 to 4 million dollars. The project scope is to totally rebuild and refurbish all eight (8) primary clarifies. This process equipment can treat up to 100 million gallons of wastewater a day. The primary clarifiers are used to remove raw wastewater solids, grease and scum and some of the biological oxygen demand found in wastewater. The major components for upgrade are the concrete structures themselves, gears, chains, sprockets, valves, flight scrappers, chain rails, hand rails, tilt tubes and gear reducer drive mechanisms. The project will be accomplished over 3 years as we must keep the wastewater plant in operation as we do the tanks one at a time. The purpose of this appropriation bill is to secure Council approval to advance forward this project by approving spending on the engineering services in fiscal 2011 to jump start the clarifier rehabilitation effort. The budget presented to Council includes these engineering monies for spending in fiscal 2012, where, upon approval of this bill, the 2012 budget could be reduced by the same dollar amount. The request for funds is to enable completion of engineering yet this year and allow the project to be construction bid in January 2012 allowing the construction to commence when the weather breaks in the spring of 2012, thus speeding up the project, The monies will be funded from Sewage Works Capital f=und 642 in the amount$400,000. This bill is presented to Council for I$t read on September 12, 2nd read, public hearing, Std read and Council vote at the September 26, 2011 Council meeting. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 /� Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 V r ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING $400,000 FROM SEWAGE WORKS CAPITAL FUND #542 FOR ENGINEERING EXPENSE ON THE PRIMARY CLARIFIER REHABILITATION PROJECT STATEMENT OF PURPOSE AND INTENT The Primary Clarifier Rehabilitation Project involves refurbishment and rebuilding of eight wastewater plant primary clarifier machines to meet current standards of the Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM). The total project cost is estimated at about Four Million Dollars ($4,000,000) and will take about three years. This appropriation of $400,000 will cover engineering services to start the refurbishment process. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of Four Hundred Thousand Dollars ($400,000) be and hereby is appropriated and set aside within Sewage Works Fund #642 for engineering expenses relating to the Primary Clarifier Rehabilitation Project. SECTION .II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: Signing of thIS blo is op5 to pmvwo-9n opportunity fOr PuKC h0afing and City Clerk councawuon -- 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 FllO �3 r<4 - - Wp -x 1 st READING PUBLIC HEARING 4, GITYCL JOHN VOORERK,SOtt'PH 3 rd READING E NOT APPROVE REFERRED $0u T� CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZTENTARA CONTROLLER September 7, 2011 Mr. Derek Dieter President, South Bend Common Council 4 t Floor, County-City Building South Bend, IN 46601 re: Ordinance of the Common Council Appropriating Monies to Strengthen the Sewer Main at Riverside and Angela to allow for Economic Development Expansion on Existing Industrial Site Dear President Dieter: The infra-structure investment project presented with the attached bill was originally presented to Council in Bill 27-11 and later removed as the underlying project behind the infra-structure investment was placed on hold by the industrial concern. The industrial concern, Steel Warehouse, has re-engaged the project. The project calls for expansion of the existing industrial site on property located at Riverside and Angela. The company has investigated other sites outside of South Bend, and has concluded that the expansion at the South bend facility is most desirable. The facility expansion will ensure the retention of the existing labor force in South Bend and will create the opportunity for an additional ten (10) new positions in the South Bend facility. The infra-structure investment will consist of lining of the existing 96" CSO trunk sewer (360 ft) that runs through the north side of the Steel Warehouse property, with a polymer and fiberglass-reinforced structural pipe that will strengthen the 96" sewer main to allow Steel Warehouse expansion to occur on land covering the sewer main. The monies will be funded from Economic Development Income Tax (EDIT) Fund .408 in the amount $1,498,700. This bill is presented to Council for 15' read on September 12, 2nd read, public hearing, 3"d read and Council vote at the September 26, 2011 Council meeting, Mayor Stephen Luecke and Director of Public Works Gary Gilot will present this bill to Council at the appropriate committee session and at the Council meeting. Regard Filed in Clerk's 01c Gregg D. Tara S ` sr cc: Ste h n J. Luecke, Mayor of the City of South Send �Cmrl 4 Gary ilot, Director of Public Works CITY tr50 '�� County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF 51,498,700 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR INFRASTRUCTURE INVESTMENT STATEMENT OF PURPOSE AND INTENT Steel Warehouse, an industrial concern, located at Riverside Boulevard and Angela Street in South Bend, Indiana, has decided, after weighing other options, to expand its facility at its South Bend site. This expansion will retain the existing labor force and will add new positions in South Bend. It is desirable for South Bend to provide infrastructure improvement to accommodate the Steel Warehouse expansion consisting of lining and strengthening an existing 96" CSO trunk sewer pipe (360 feet). This appropriation will cover the cost of that infrastructure improvement. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of One Million Four Hundred Ninety-Eight Thousand Dollars ($1,498,000) be and hereby is appropriated and set aside within EDIT Fund 11408 for purpose of infrastructure investment at the Steel Warehouse expansion site. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: ii laS 's W ts�;;� : ° City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock m. City Clerk Approved and signed by me on the day of 2 at o'clock m. Mayor, City of South Bend Filed In I st READING 'l Z- t FSEP .W f .I PUBLIC HEARING 3 rd READING: CITY NOT APPROVE SEND,IN REFERRED PASSED �0U T$$� r x ■ 1865 CITY OF SOUTH BEND STEPHgep J,,,&U,AC4qi MAYOR OFFICE OF THE MAYOR President Derek Dieter South Bend Common Council 4`h Floor, County-City Building South Bend,IN 46601 Re: Ordinance to Approve Sale of Real Estate at 717 E.LaSalle, South Bend Dear President Dieter: Enclosed is an Ordinance approving a procedure and sale at appraised value of real estate located at 717 E. LaSalle,present site of the now vacant Family Dollar Store. As you know, South Bend acquired this property through Ordinance #10099-11 passed on June 27, 2011. The U.S. District Court, Northern District of Indiana, has enjoined South Bend from transferring this property to Northeast Neighborhood Revitalization Inc. for ultimate transfer to Saint Joseph High School. The attached Ordinance provides that the subject real estate will be sold under the provisions of I.C. 31-1-114.2 at a price equal to the average of two recent appraisals. This process was approved by the Board of Works under Resolution 62-2011 passed on September I9,2011. (Copy attached to Ordinance.) If Saint Joseph High School submits a proposal to purchase the property under this process, I have reason to believe this will cure the constitutional Establishment Clause concerts, because South Bend will receive fair value from sale of the property. I request that this Ordinance be approved by you, and. either I and/or Chuck Leone will present this Ordinance to you at the Council's appropriate Committee meeting and at public hearing, Sincerely, Stephen J. cke Mayor Red �n g�r si Office Enclosure -HP 212011 .JOHN V�CDiR G17-YCLE K,S UT14 BEND,IM COUN'T'Y-CITY BUJI.WNG 227 W.JEFFERSON BOULEVARD SOUTH BFND, INDIANA 46601 PI-roNF 574/235-9261* FAx 574/235-9892 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS' SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11-4.2 STATEMENT OF PURPOSE AND INTENT On September 19, 2011, the South Bend Board of Public Works approved Resolution No. 62-2011, a copy of which is attached hereto and incorporated herein as Exhibit 1. This Resolution authorizes the sale of real estate located at 717 East LaSalle Avenue, South Bend, St. Joseph County, Indiana, to promote an economic development project or to facilitate compatible land use planning. The real estate to be sold located at 717 East LaSalle Avenue is owned by the City and was not acquired through eminent domain procedures. A legal description of the subject property is set forth in Section I of this Ordinance. Under I.C. 36-1-11-4.2, such real estate can be sold by the Board of Public Works for a price that is not less than the average of two appraisals of the property obtained by [lie Board of Public Works under the criteria set forth in Resolution No. 62-2011, with approval by the City's fiscal body under I.C. 36-1-11-3(c) (1). This ordinance approves such a sale. Acquisition of the subject real estate at 717 East LaSalle was approved by Appropriation Ordinance No. 10099-11 of this Council on June 27, 2011. Subsequently, the subject matter of Ordinance #10000-11 was litigated in the U.S. District Court, Northern District of Indiana, Case 113:11 CV 325RM resulting in a Memorandum and Order of Judge Robert L. Miller, Jr., dated September 7, 2011. The procedure for sale of 717 East LaSalle Avenue under the terms, conditions, and procedures authorized by I.C. 36-1-11-4.2 is intended to cure the federal constitutional defect identified by Judge Miller in his Memorandum and Order. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Board of Public Work's sale of real estate located at 717 East LaSalle Avenue, South Bend, St. Joseph County, Indiana is approved at a price of not Iess than the average of two appraisals per the provisions of I.C. 36-1-11-4.2 and pursuant to Board of Public Works Resolution No. 62-2011 dated September 19, 2011. The legal description of the property to be sold is: The East 130.00 feet of Lots Numbered Two Hundred Thirteen (213), Two Hundred Fourteen (214) and Two Hundred Fifteen (215) as shown on the recorded flat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend recorded in Plat Book 1, page 49, in the Office of the Recorder of St. Joseph County, Indiana. SECTION II. In its sale of the subject real estate, the Board of Public Works shall comply fully with the terms and conditions of I.C. 36-1-11-4.2. SECTION III. This Ordinance shall be effective from and after its passage by the Common Council and approval by the Mayor, t Member of the Common Council Attest. ;�.. ,4T. ., p� . ,1 Nf� City Clerktttiti srifiwl Ct3' C,Rx r 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 Filed m Clerk's 'Est READING CL1 SP 2 17 � I PUBLIC HEARING , 3 rd READING j ,#,Au vooFtDPE NOT APPROVED CITY CLXki;..6.0UTH DEED.IN REFERRED PA55Et7 ., RESOLUTION N0. 62-2011 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING TIME INITIATION OF A PROCESS PURSUANT TO I.C. 36-1-I1-4.2 TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY AND LOCATED AT 717 E. LaSALLE AVENUE, SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain and dispose of all real property owned by the City of South Bend, Indiana(the "City")pursuant to I.C. 36-9-6-3; and WHEREAS, the City of South Bend, Indiana ("City") is the owner of certain real estate located at 717 East LaSalle Avenue, South Bend, Saint Joseph County Indiana, which is more particularly described in Exhibit "A"attached hereto and incorporated herein; and WHEREAS, the City has the power and authority, pursuant to the Indiana Home Rule Act, I.C. 36-1-3, to exercise all powers necessary or desirable in the conduct of its affairs, and further pursuant to I.C. 36-1-4-5 and I.C. 36-1-4-6 to acquire, use, improve, develop, maintain and dispose of interests in property; and WHEREAS, I.C. 36-1-11-4.2 provides for sale or transfer of real property by the City, not acquired through eminent domain procedures, to promote an economic development project or to facilitate compatible land use planning; and WHEREAS, the Board of Public Works ("Board") of the City wishes to sell the property described in Exhibit "A"for the following purposes: (a) to promote an economic development project consisting of the constructiou of Saint Joseph's High School and related athletic facilities, consisting of a 35 million dollar set of buildings and facilities on a vacant parcel consisting of over twenty one acres in the City of South Bend, and (b) to facilitate compatible land use planning in that the land described in Exhibit "A" should be used in a compatible manner with the sm-rounding parcels of land, all of which have been dedicated to use as athletic fields; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND as follows: 1• The Board finds that the development of Saint Joseph's High School on a vacant inner city tract consisting of over 21 acres ("Medical Center Site") is of vital importance to the City of South Bend and will encourage the revitalization of the neighborhoods surrounding that site. The BPW further finds that no other interested party has approached the City with a viable plan for re-use of that site and that the economic effect of the development of the High School as a 35 million dollar project will be of significant benefit to the City of South Bend and its residents. 2. The Board further finds that the development of St. Joseph's High School on the vacant Medical Center Site is consistent with City Plan, the City's comprehensive plan adopted by the. South Bend Common Council on November. 13, 2001 by Resolution 3657-06. A copy of City PIan is viewable at htt ://w",.southbend ci Ian.or /Cit /o20PIan%20Final.htm, and such development is consistent with the City's East Bank Village Master Plan. 3. The transfer of the property described in Exhibit "A" to a person or entity in the manner required in this resolution will facilitate compatible land use planning in that the surrounding parcels to Exhibit "A" are planned for use as athletic fields and the property described in Exhibit "A" should be used for compatible land use purposes, 4. The provisions of I.C. 36-1-11-4.2 may apply to the transfer of land as set forth in this resolution because Saint Joseph's High School as an Indiana non-profit entity does not meet the exemption requirements of I.C. 3 6-1-11-1 and may subunit an offer for the real estate pursuant to this resolution. 5. If, in the alternative; the exemptions set forth in I.C. 36-1-11-1 are deemed to apply to this transaction, the City elects to use the procedures of I.C. 36-1-11-4.2, pursuant to the powers set forth in the Indiana Home Rule Act I.C. 36-1-3, in order to provide a mechanism for the transfer of property by which the price of the property is set by a fair and neutral means unrelated to the status of the purchaser. 6. The staff of the Board is hereby directed to have the property described ill Exhibit "A"promptly appraised by two appraisers who must be professionally engaged in making appraisals, and who must be licensed under I.C. 25-34-1. Any appraisal heretofore completed within 60 days of the date of this resolution vgll qualify as such an appraisal. 7. The staff of the Board is directed to publish notice in accordance with I.C, 5-3-1 stating the minimum amount of any offer to be accepted after the receipt of the appraisals referenced above. All offers must meet the criteria of promoting the economic development project related to Saint Joseph's High School and must provide compatible land use with surrounding land, 8. The Board shall receive offers for such property pursuant to this resolution on or before October 10, 2011 at 9:30 a.m. and shall consider such offers at its regularly scheduled meeting on October 10, 2011 at 9:30 a.m. Such offers shall be evaluated based on offer amount and consistency with the economic development and land use compatibility criteria set forth in this Resolution and applicable Indiana law, Adopted this 19'h day of September, 2011. CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS Gary Gilot, President _ � J Carl Littrell, Member T' Din n Inks, ember ATTEST: �j 1 -Linda Martin, Clerk rl � Filed in Clerk'S Offko .. SEP n 1 2r EXHIBIT A Legal Uescri2fl2L f he Property The East I M-00 feet of Lots Numbered Two Hundred Thirteen (213), Two 14undred Fourteen (214)and Two Hundred Fifteen (215) as shown on the recorded Plat of Samuel L, Cottrell'.s Addition to the Town of Lowell, now a part of the City of South Bend, recorded in Plat Book 1,page 49, in the Office of the Recorder of St. Joseph County, Indiana. Com-mon Address; 717 E La Salle Avenue, South Bend, Indiana 46617 Tax Key No. 18-5019-0656 FF11ed linh ClerkS HP JOHNv0okbp ' CITY CLERK, SOPKO, NUSSBAUM, INABNIT & KACZMA$.EK ATTORNEYS AT LAW 5TH FLOOR-PLAZA BUILDING RICHARD A.NUSSBAUM,!I• 210 S.MICHIGAN STREET-P.O.BOX 3oO OF CaUN5E1 BRENT MATTHEW E. R. KACZM SOUTH SEND, INDIANA 46624 THOMAS C.SOPKO MATTHEW R. KACZMAREK JOSHUA A.vrssEa TELEPHONE (574) 234-3000 RONALD J.JAICOMO KEVIN E.WARREN FACSIMILE(574)234-4220 NICHOLAS J.DERDA E-MArLADDRESS;SNI®SNi-LAW.COM _ 'ALSO ADMITTED IN MICHIGAN "ALSO AOMITTEO IN ILLINOIS September 14, 2011 Mr. John Voorde Mr. John Byorni City of South Bend Clerk Executive Director 4`h Floor, County-City Building St. Joseph County Area Plan Commission South Bend, PV 46601 1 Vh Floor, County-City Building South Bend, IN 46601 Re: Rezoning Petition for 120 West Pokagon Bill No. 57-11 Dear Mr. Voorde and Mr. Byorni: Please be advised that my client has instructed me to withdraw the Petition for Rezoning which was filed on September 7,2011 in this matter. Thank you for all of your assistance in helping me to get this Petition put on file. Unfortunately,the transaction between Seller and Buyer for this property had other complications which prevent this matter from moving forward. Should you require additional information from me, please feel free to contact me. Sincerely, Richard A. Nussbaum, lI Dickn sni-law.com RAN/sc - �... P:1WP511b0C1pra6stHsel1irs.wpd ^••_...,.,,,N File d E �F�f Y.,..Gy Y j ,�k�f •• �� ..F BEN )f] cirYCLEr�� ' t_ ORDINANCE NO, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 120 WEST POKAGON STREET, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT ONE (1) IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT The purpose of this Amendment is to rezone property zoned as SF2 to OB Office Buffer District pursuant to Section 23-03.01 to support a legal office primarily used for mediation sessions: This permitted use in the OB District is less commercial in appearance and architecturally more harmonious with residential structures. This District will serve as a buffer between residential districts and more intense commercial or industrial districts. It will also serve as a gradual and reasonable transition between major thoroughfares and residential districts. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: - SECTION I. Ordinance No. 9495-04,is amended,which ordinance is hereby commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots Numbered Sixteen (16), Seventeen (17) and Eighteen (18) as shown on the recorded Plat of Samuel Leeper's Second Addition to the City of South Bend,Indiana be and the same is hereby established as OB Office Buffer District SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor, and legal publication. r c V-)- 0 L� . Member of the Common Coun ] Attest: wr3i,l Of :iitiy aiG; e! J1--, opportup"y for Pu 0 hOW-140 and City Clerk .. _ Cound aft an 06 Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock m. City CIerk Approved and signed by me on the day of 2011 at o'clock m. ' Mayor of the City of South Bend, Indiana File d In 13 1st READING PUBLIC HEARING SEEP.p - Do, 3 rd READING _ NOT APPROVED. jo ,N V430 'DK REFERRED CITY w PASSED i Date Filed Application No. Date received by the Area Plan Commission I the undersigned make application to the Common Council of the City of South Bend,Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 120 West Pokagon Street South Bend, IN 46617 2) Name and address of property owner(s) of the petition site: Winifred Wulf 120 "Lest Pokagon Street South Bend, IN 46617 Phone Number: 574-234-3000 Permission for Richard A. Nussbaum, II to file Petition attached. 3) Name and address of contingent purchaser(s), if applicable: Probst House, LLC c/o Joseph Simeri, Member 520 East Colfax Avenue South Bend, IN 46617 574-233-3303 4) It is desired and requested that this property be rezoned from: Single Family Residential - S172 to: Office Buffer District - OB 5) This rezoning is requested to allow the following use(s): Legal office primarily for the purpose of conducting mediation sessions. 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 3 00 feet of the petition property(fl a location map, if available, drawn to scale, which includes street names,printed in 8%2"x 11"format. Ri hard . Nussbaum, II Signature(s)of All Property owner(s) or Attorne y for all nroperty Owner(s) PETITION PREPARED BY: CONTACT PERSON: (If different) Richard A. Nussbaum, II SAME Sopko, Nussbaum, Inabnit& Kaczmarek 210 South Michigan St., 5" Fl. Plaza Bldg. South Bend, IN 46601 574-234-3000 dickn @sni-law.com PAWN I T0C%probstHse%app5cation.wpd [CLERK�,.V rk �� w 7 2011 � t�,��. F C4xT'F t$Efp ►„ 4 I'ARCELIR NAME 1 MAILINGADD "LINGCIT 018-5125-4438 RIECK PAULA 1227 Leepor Ave South Bend tN 46617 018-5127-4490 STRICKLER ROBERT P&JOYCE L N98W7295 Kingston Ct Cedarburg Wi 53012 018-5127-4488 10SBORN THOMAS A&ELIZABETH C 1315 Leeper Ave South Bend 1N 46617 ROONEY KEVIN M&MARGARET MACKENZIE 018-5115-4069 IROOMY 1314 Leeper Ave South Bend IIN 4661 018-5130-4691 SHEEHAN MICHAEL R 1230 Hillcrest Rd South Bend IN 46617 018-5130-4676 BECKER MARY H 111 OAKWOOD DR Canonsburg PA 15317 018-5130-4693 KELSEY SEAN A&BARBARA C 1220 Hillcrest Rd South Bend IN 46617 1018-5125-443801 IROSEN ELLlOT D AND ANN R 1219 Leeper Ave South Bend IN 46617 (018-5130-4690 COS'TELLO CHRISTOPHER M&LOIS A VANDERHOOF 1234 Hillcrest South Bend IN 46617 018-5127-4489 CARNES JEFFREY D 1305 Leeper South Send IN 46617 018-51304689 FROST JOHN 1242 Hillcrest South Bend IN 4fi617 018-5130-4688 FROST JOHN 1242 Hillcrest Rd South Bend IN 46617 018-5130-4685 IGURROLA PEDRO&LASHON 144 Pokagon South Bend. IIN 46617 018-51304686 DUDE PROPERTIES LLC 26959 Rozanna Ct South Bend IIN 46619 1018-5130-4684 1KAMINSKI TIMOTHY V&NADINE M. 8144 E*Chicago Tr New Carlisle 1N 4655 018-51304695 SMITH PAM 1216 Hillcrest Rd South Bend IN 46617 018-5127-4487 SCHUMAN PHILIP A AND KATHERINE K 1317 Leeper Ave South Mend IN 46617 018-5127-4486 WILTROUT JACK A.AND DOROTHY L. 1321 Leeper Av South Bend IN 46617 018-5127-4496 JAQUA IRENE C&WINIFRED WULF 11711 Galway Dr South Bend IN 46614 018-51274494 JAQUA IRENE C&WINIFRED WULF 1711 Galway Dr South Bend IN 46614 It , r r / 1018-5127-4493 PARAMOUNT PROPERTIES INC 1po Box 4464 South Bend IN 46634 018-5130-4678 MHENNIG PROPERTIES LLC SERIES 1 1439 Semar Ct Mount Prospect IL 60056 JOERS RONALD A TRUSTEE OF THE RONALD A 018-5127-4485 IJOERS REVOCABLE TRUST 1919 Ridgewood Cr South Bend IN 4661 418-5115-4068 JGAJDA RUTHANN M 1326 Leeper Av South Send 46617 018-5130-4677 CASHORE MATT&MARIA L 1308 Otsego St South Bend JIN N 46617 018-5127-4483 IFRESE JOHN J&WARWICK-FRESE DOLORES 533 E Angela Blvd South Bend IN 46617 ODONNELL WILLIAM R&MARY B TRUSTEES OF THE 018-5127-4482 ODONNELL FAMILY TRUST DATED 11/18/1992 3040 Montessouri St Las Vegas NV 89117 ODONNELL WILLIAM R&MARY B TRUSTEES OF THE 018-51274480 ODONNELL FAMILY TRUST DATED 11/18/1992 3040 Montessouri St Las Vegas INV 89117 018-5127-450402 L.INDBORG REAL ESTATE LLC 138 N Angela .South Bend IN 46617 018-5127.4504 MEMORIAL HEALTH SYSTEMS INC 615 N Michigan Ave South Bend IN 46601 018-5127-4481 ODONNELL WILLIAM R&MARY 3040 Montessotur€St L JNV. J 89117 Filed in Clerk's Offiv7zu i SEP -- 7 2011 r r JOHN VOORDE 3 CITY CLERK,SOUTH SEND,IN , f August 29,2011 Richard A Nussbaum,Attorney at Law Re. 120-.W Pokagon Attorney Nussbaum, This letter is to confirm that you have the full permission of the seller to proceed to have the referenced property rezoned as needed to fit the intended use of the prospective buyer,The Probst House, LLC and or Joseph V. Simeri, Tie property in question is defined as: Lot 1 7& 18 Ex I l l E Side Vac for S T Leepers 2 ,Tax ID 18-5127-4496; and Lot 16 Leepers 2nd Add, 'fax ID 18-5127-4494. This permission does not include the acceptance by the seller of any cost that may be incurred in this rezoning process, all of which are to become an expense of the buyer regardless if incurred before, during or after the buying of this property. All charges for this rezoning process are entirely to the account of the prospective buycr(s)only. If we can clarify or be of additional assistance in any way,please advise. Regards, h Winifred Wulf By Enid Fisher POA LIF110d In r zooUTH SE�: