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Home My WebLink About09-24-2018 Agenda Packet2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Jake Teshka, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Gavin Ferlic, Member Jake Teshka, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Jake Teshka 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) TIM SCOTT, 1ST District Council Member President Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member Information and Technology Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Relations Committee OLIVER J. DAVIS, 6TH District Council Member Vice President Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member LAWRENCE P. MAGLIOZZI Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 ( OLIN I-Y-CIFY BUILDING, 011IH BEND, INDIANA 46601 (i74) 2i> August 8, 2018 Honorable Common Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 AUG 0 8 2018 KAREEMAH FOWLER RE: 1939 & 1947 Charles Street CITY CLERK, SOUTH BEND,IN APC# 2875-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 13th, 2018 Council meeting, and set it for public hearing at your September 24th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. n erely, Jord Wyatt Zonin Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H CO U N T Y I N D]A N A.C 0 M/A R E A PLAN BILL NO. 36-18 Filed in Clerk's Office AUG i0 2018 SUBSTITUE BILL NO. 36-18 KAREEMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1939 & 1947 CHARLES STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from S171 to LB for a parking lot. 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 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 20—23 of Pensinger's Subdivision be and the same is hereby established as LB Local Business District. SECTION 11. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana BILL NO.36-18 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1939 & 1947 CHARLES STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF1 to LB for a parking lot. 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 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 20—23 of Pensinger's Subdivision be and the same is hereby established as LB Local Business District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1939 and 1947 Charles St South Bend, IN 46637 2) The property Tax Key Number(s) is/are: Filed in Clerk's Office 1939 Charles St: AUG 08 2018024-1008-0663 024-1008-0664 KAREEMAH FOWLER 1947 Charles St:CITY CLERK,SOUTH BEND, IN 024-1008-0665 3) Legal Descriptions: Lots 20-23 of Pensinger's Subdivison 4) Total Site Area: 1.3 acres 5) Name and address of property owner(s)of the petition site: FTC Properties LLC 1822 South Bend Ave South Bend, IN 46637 574) 855-5550 bwynen@ftcprop.com Name and address of additional property owners, if applicable: n/a 6) Name and address of contingent purchaser(s), if applicable: n/a Name and address of additional property owners, if applicable: n/a 7) It is desired and requested that this property be rezoned: From: SF Single Family Two Family DistrictSF1 Single Family Two Family District To: LB Local Business District 8) This rezoning is requested to allow the following use(s): Use of the house as a rental property on Charles Street and the backyard area as a parking lot for adjoining businesses. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff ifyou need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Please explain how your variance petition addesses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Please explain how your variance petition addesses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addesses this criteria d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Use petition addesses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. FILED- CONTACT PERSON: Bryan Wynen 1822 South Bend Ave AUG 012018 South Bend, IN 46637 574) 855-5549 AREA PLAN CO S I Applicati on# hwynen@ftcprop.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property own or si n ture of Attorney for all property owner(s): r•t,'0,q L. r N A. x ri! o Yt!tiffs 14 4,v Ad th vm a°fit wk'k' *' # t +'tv N li COd lI I N C=0L_-___o _ 5 L SLS 5'/; 6L5 s L o os I Q 6 Filed nPerk's Office M 00 I UG 08 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN LAWRENCE P. MAGLIOZZI NF C[]'I'IVF UIR IF CTU It Angela M. Smith Urpulr 1)ir,,,,,r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. IFFFERSON RI.) Il., It 11431 CO11NTY-cI-rY BUILDING, SOUTH SEND, INDIANA 46601 (S74)235.4571 Wednesday,September 19, 2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of FTC Properties LLC to zone from SF1 Single Family&Two Family District to LB Local Business District,property located at 1939 and 1947 Charles Street, City of South Bend—APC#2875- 18. Dear Council Members: I hereby Certify that the above referenced ordinance of FTC Properties LLC was legally advertised on September 6,2018 and that the Area Plan Commission at its public hearing on September 18,2018 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried,a proposed ordinance of FTC Properties LLC to zone from SF Single Family&Two Family District to LB Local Business District,property located at 1939 and 1947 Charles Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.Rezoning this site will allow the property owner to provide adequate parking for the businesses on-site.With proper buffering and screening,the property values of the adjacent single-family homes should not be adversly affected. 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, k- Lawrence P. Magliozzi Attachment CC: FTC Properties LLC SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W S I C IN D IAN A.0 0 M 13061 a r e.- ,I.., Staff Report 9/6/2018 APC # 2875-18 Owner: FTC Properties LLC Location:1939 and 1947 Charles Street Jurisdiction: City of South Bend Public Hearing Date: 9/18/2018 Requested Action: The petitioner is requesting a zone change from SF Single Family&Two Family District to LB Local Business District ande seeking two variances from the development standards. Land Uses and Zoning: On site: On site is a parking lot used by the businesses to the west and two single- family homes. The house to the west is used for storage and the house to the east is used as a rental property. North: To the north are vacant parcels used for drainage zoned LB Local Business District. East: To the east are offices zoned LB Local Business District. South: To the south, across Charles Street, are single-family homes zoned SF Single Family&Two Family District. West: To the west is a restaurant, Iiquior store and offices zoned GB General Business District. District Uses and Development Standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site Plan Description: The site plan shows the addition of 32 parking spaces on the east side of the property, making a total of 95 parking spaces. The south 120'of the eastern parcel will remain SFI Single Family&Two Family District. Access to the property will be from the exisiting commercial properties. Zoning and Land Use History And Trends: The property to the east was rezoned to LB Local Business District in 1984. Traffic and Transportation Considerations: Charles street is two lanes. Utilities: The property is served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation. APC # 2875-18 Page 1 of 3 Staff Report 9/6/2018 Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consitent with City Plan, South Bend Comprehensive Plan(2006), Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Plan identifies this area for low-density residential. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The area has been developed for commercial uses along State Road 23. Charles Street and Rosemary Street feature a mix of single-family and multifamily dwellings. 3. Most Desirable Use: The most desirable use for this property would be to provide adequate parking for the adjacent commercial uses. 4. Conservation of Property Values: With proper buffering and screening adjacent property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to provide adequate parking on-site to safely access the commercial uses along State Road 23. Combined Public Hearing The petitioner is seeking the following variance(s): 1) from the required Type B: Partial Screening landscaping of required residential bufferyards to none; 2)from the required compact row of shrubs or hedges for off-street parking area screening to a 6'fence and evergreen trees State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1)The approval will not be injurious to the public health,safety, morals and general welfare of the community; The approval of these variances will not be injurious to the public health, safety, morals and general welfar of the community. 2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; APC 4 2875-18 Page 2 of 3 Staff Report 9/6/2018 The proposed variances will allow landscaping that meets the intent of or exceeds the ordinance,which will minimize the effect on surrounding properties. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the terms of this Chapter would require the property owner to remove the evergreen trees and replace it with shrubs at a maximum of Y tall, providing less screening from the commercial uses. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing, the staff recommends this petition be sent to the Common Council with a favorable recommendation.The staff recommends approval of the variances. Analysis: Rezoning this site will allow the property owner to provide adequate parking for the businesses on-site. With proper buffering and screening,the property values of the adjacent single-family homes should not be adversly affected. APC # 2875-18 Page 3 of 3 z s»r coAAN ml z x x Z 2 - - 7-7t--- - 6 P. _ k q % @ 2, 2 k \ e 0 \ CO CL / 2 W E A m S E ® a e b k k 2 7 a 2s bk B W \ k a e o &3! CL L k $ 3 w w kkNkk k(/§ k Q W LL ± i RRRg 2 2 j 7««<« T a§ Ell a W 0+ K q c k T k q q / CO LLJƒ q U) 2 LAWRENCE P. MAGLIOZZI q C I[S F c t I I,ICr 1)I R li c'ro It Angela M. Smith nrPnl, D""t", AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFF.RSO\ BLVD., ROOM 1140 CoUN"FY-CII Y BUILDING, 50UTH BEND, INDIANA 46601 (574) 2215-9571 September 19, 2018 Honorable South Bend Common Council 4`h Floor, County-City Building South Bend,IN 46601 RE: Bill #36-18 Rezoning: APC#2875-18— 1939& 1947 Charles Street Dear Council Members: The Area Plan Commission held a public hearing on September 18, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, September 24, 2018. Ordinance & Petition Amendments: The ordinance includes an amended legal description to rezone Lots 20,21,and the North 110' of Lots 22 and 23 of Pensinger Subdivision to LB Local Business District. The petition was modified to include a new site plan and add the following variances: 1) from the required Type B: Partial Screening landscaping of required residential bufferyards to none; and 2) from the required compact row of shrubs or hedges for off-street parking area screening to a 6' fence and evergreen trees. Public Hearing Summary: There was no one to speak in favor or against of the petition. If you have any further questions,please feel free to contact me at (574)235-9571. Si erely, J •dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.5 T)O S E P H C O LI N T Y INDIANA.CO MIA R E A PLAN LAWRENCE P. MAGLIOZZI EXECU'IIVE DIRECTOR Angela M. Smith Deputy Di—t.,PARE7APLLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOLIIH BEND, INDIANA 46601 (5 7 4) 235-9571 August 8, 2018 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building South Bend, IN 46601 A C 8 2U 8 KAREEMArt FOWLER RE: Text Amendment CITY CLERK, SOUTH BEND,IN APC# 2872-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 13th, 2018 Council meeting, and set it for public hearing at your September 24th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Jordan Wyatt Zo 'ng Planner CC: ob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E PH C O U N T Y I N D I A N A.C O MIA R E A P L A N BILL NO. 37-18 ORDINANCE NO. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 14 SUBDIVISIONS TO DELETE FLOODPLAIN DEFINITIONS THAT HAVE BEEN UPDATED IN THE ZONING ORDINANCE,DELETE STREET AND ALLEY STANDARDS THAT DUPLICATE BOARD OF PUBLIC WORKS STANDARDS, AND DELETE CERTAIN LOT DESIGN STANDARDS THAT DUPLICATE LOT SIZE STANDARDS IN THE ZONING ORDINANCE STATEMENT OF]PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new subdivision ordinance that went into effect on May 7, 2004. The subdivision ordinance contains several standards that are now redundant or conflicting with City standards found elsewhere in the zoning ordinance or other City regulations. On December 1,2015, the zoning ordinance's Floodplain Regulations (Section 21-12) was replaced in its entirety, including revised definitions for floodplain-related terms. The subdivision ordinance's street design standards replicate rules found in the Design& Construction Standards of the Board of Public Works. The subdivision ordinance included lot standards that are established in other sub-sections of the zoning ordinance. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.02 (a) Definitions, is hereby amended as follows: 18) _F ea d-ea, -1 In-,-;u Fanee Administfation means the adminf tr-ative offiee of the National Reserved. 19) Flood or t4ee.awate.-means t e . ,.,re,-of a river- s4eaf ,,hie-1, is above its banks and/er-eutsid-te it,Reserved. 20) Fleed hazard area means that peffien of afleedplain whieh is not adequately pr-ateeted fiefn fleeding by meeas of dikes, levees, r-esen,eifs, er-other-works Reserved. 21) er-the Natural neseuFees G,,...u. niss ea. Reserved. 39) Regulate,-y flee,, ears he one h,,.,d_ed yea..flood as aes;,, area by the Federal Reserved. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (b) Street requirements, is hereby amended as follows: M\ ]IA;meF streets shall be laid eat se that their-use by dffe,.g t.-.,f' e will be di 3) Wb,e..e a „b,diyis;e., b,er- e s an .,tams an existing o proposed s4eet as u mar-gin al,1 st.e reverse f..,aeto te with last'„ „te e.lser-een aeaaeeess e ati .,, .. l,h e shell have minitf-R-1-iffl- 4,1t1, of ten(10) F et along the r-ear-pr-epefty line, or-sue-h other-t+ea ment as may be adequate 1„e.,1Ffc 47 (2) 6 4) 77 (5) 44 (6) 94 ( Q,)) T (8) 044 (9) Culs-de-sac and dead-end streets, designed to be so permanently, shall gene not be longer than si*hundred{68A}five hundred(500) feet. All dead-end streets shall terminate in a circular right-of-way within a minimum radius of fifty(50)feet with an effective turning radius of forty (40) feet. 424 (10) The minimum right-of-way width of all streets shall be as sehe"led under-seatie 21 14.09( "" per the latest standards adopted by the Board. 44) SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (c) Alleys; standards, is hereby amended as follows: or- other-a .,,1;t;lsit-ete their- 3) The . idth of an alley shell .,..t be less the., twenty(20) feet. 44 ((2) Cl (3) SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (e) Blocks; standards, is hereby amended as follows: 1) The width of blocks shall be sufficient to allow two "` t1eY° „f avoid double frontage lots, except where reverse frontage on a major thoroughfare is required. 2) Where effective use of land does not require otherwise, blocks in residential subdivisions shall not exceed°i°teeM h,,.,.1«ea(1,600 one thousand(1,000) feet in length. 3) In the event of b.leeb length a ee, ing one the„s.,n (1,000)feet,,.he«e the pedestr-ieaqway net less than teti (10) feet in width may be r-equir-ed fteaf t eer,te«and ei4ir-ely aer-oss any G,/.,../ C„eh pedes4ia,w ay shall he .le,-l;e.,te.l md paved to a width of five(5) feet. The perimeter of any block shall not exceed two thousand eight hundred (2,800) feet in length. SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (f) Lots; standards, is hereby amended as follows: 1) Deside.,,t;.,l let., shall in no easte he less than s ra y(60) feet in width at the building!in leSs ah—An ssix thousand (6,000) squar-e feet in area. M\ Ge..n lets shall in no ease he less than sixty five (65) foot in width .,t the building kn t,:., less tha seven thousand (7,000) square feet in 3) The depth te width ratio of the useable afea, •, the area whieh is not ufmseable fer-nefmal building, semi`•, " read fial, o fnil,r-aetiyi es by rcasen of the existenee-of geelegt , drainage, half( G) to e (1 0) e*eept where a e heeemes „ eessar- ,for-the purpose.,f using„ odd shaped pweels. 11 5) (2) Every lot shall abut on a public street or have dedicated access to a public street as permitted by the Zoning Ordinance. 6) (3) Double frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. en easement of at least te., (iO) feet in width, aer-osswhieh there shall be ne aeeess, shall be pr-evided aleng the line of lets abiatting sueh 4affie a4er-ies Or- ether-disadvantageous use, 7) WheFe lafger-than neEmal let-s afe pr-apesed, they shall be of sueh shape and dimensions that futufe st-Feets may be plaaed aleng let lines. S) (4) Lots shall be numbered consecutively throughout the entire subdivision. SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.04 (b)(1)(A) vii. is hereby amended as follows: vii. Dimensioned building .,th.,,a.lines.. Reserved. SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.08 (b) Required Improvements, is hereby amended as follows: 6) (B) Sidewalks shall be leeated not less than eiie(1` feet f e.„ the „ pert„lin oft all t-s fh by foe„t , tr to prevent „tere e e e e.t e „or- Wel=fiat° In s gl° F.,,-„:ly residential ., ° eaner-ete sidewalks shall be five 5) feet, ,;de and four-(4) if ekes thie-IrE. >\d ,,:„,.,.r gr- d:e„t e;-;- ,1L Sh.rll_l,e not fner-e than five(5) pefeent. In multifamily or-group §jb- - sidewalks sh-A-1-1 be, of-a AlVidth deteEmined by the inst ed er the latest standards adopted by the Board. Sidewalks ' commercial ar as shall have a minimum width of ten(10) feet. 8) Trees of., var-iety appr-eved by the !'.,.,..,... issien and the Super-i te..de„t of Par-ks shall he a s dered ., r-eeeffffneaded i eat If s eh „1.,„t:„.. : lished the t,.ees shall he planted no eleser than five (5) feet to the f entfeetu-ry i.-uric pr-epei4y line on the pr-epeFty side and shall be spaeed re I-s Pe-r-ah-man-fe t4 y (4 0) feet ,-t The,.shall he of„r„e an e half(1 1/2) inches ;root-a si rzic n arr-v?irirvx vzx ...... .,.... ...... _ ...., ....,....., .n diameter-measured o feete (1) - tboye the ground. The.. .es».e fie. , shall apply to the f-Feat yar-d area only. SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.08 (c) Streets and alleys; specifications, is hereby amended as follows: 2) All streets shall be surfaced and improved in the manner determined by the Board and shall conform to the fellewing sehedule; latest standards adopted by the Board. Street Width TM91e Width Pavement* Major stree 804o 120' as shown on theVafiable Land Use and XaH l' 1 eeter Streets w Aif;.,,er streets for-r houses W 32' to 3w and apaFtfnefit-R Ali !,U streets for- single 5W family.letaehe.d dwelling Marginal aeeess 2rW 4-W O all , e.l all weather- df:iyeway and rlr;t,e::watt apr-on shall he pro-vided. The fn lieat betweenveftieal tr-afisitions shall be not greater-than feuFteen (1 n) „ ent Measured Rutter line to Rutter l;,,e Curb and gutter- shall generally et be r-eguir-ed ewe hig#wysid . A planting strip with a minimum width of te., (10) feet .he r-equiFed on the highway ; le SECTION IX. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock M. Pete Buttigieg, Mayor Mayor, City of South Bend, Indiana LAWRENCE P. MAGLIOZZI FSF CUT ICF II I R IS C"rURqCAngelaM. Smith Dopue Pir.•rnr AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 227 W. J£{FFI.RSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74)235-9571 Wednesday, September 19,2018 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend,IN 46601 RE: An ordinance initiated by the Area Plan Commission of St.Joseph County, Indiana amending Chapter 21 of the South Bend Municipal Code,Article 14 Subdivisions to delete floodplain definitions that have been updated in the Zoning Ordinance, delete street and alley standards that duplicate Board of Public Works standards,and delete certain lot design standards that duplicate lot size standards in the Zoning Ordinance- APC#2873-18, Dear Council Members: I hereby Certify that the above referenced ordinance of Initiated by Area Plan Commission was legally advertised on September 4, 2018 and that the Area Plan Commission at its public hearing on September 18,2018 took the following action: Upon a motion by Oliver Davis,being seconded by Robert Hawley and unanimously carried,An ordinance initiated by the Area Plan Commission of St.Joseph County, Indiana amending Chapter 21 of the South Bend Municipal Code, Article 14 Subdivisions to delete floodplain definitions that have been updated in the Zoning Ordinance,delete street and alley standards that duplicate Board of Public Works standards, and delete certain lot design standards that duplicate lot size standards in the Zoning Ordinance was sent to the Common Council with a FAVORABLE recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.S I C I N D I AN A.0 O M!J O 6/a r e a-p I l n Staff Report 9/7/2018 APC 4 2873-18 Owner: Initiated by Area Plan Commission Location:Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 9/18/2018 Requested Action: An Ordinance initiated by the Area Pian Commission of St.Joseph County amending Chapter 21, Article 14 Subdivisions,of the Municipal Code of the City of South Bend, St. Joseph County, Indiana. Staff Comments: The current version of the subdivision ordinance pre-dates the City Zoning Ordinance which was adopted in 2004. There are a number of standards in the subdivision ordinance, which are in conflict with the Zoning Ordinance as amended: 1. References to the floodplain are being removed, since those standards are now fully addressed in the Zoning Ordinance. 2. Several references to street,alley and block standards are either being amended or removed to reflect current standards of the Board of Public Works. 3. references to lot sizes are being removed, since those are now addressed in the Zoning Ordinance. The Department of Community Investment and the City Engineer's office provided extensive input in drafting and reviewing the proposed changes,and recommend the adoption of the proposed revisions. Recommendation: Based on 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 ordinance addresses various inconsistencies between the subdivision and zoning ordinances, in addition to updating certain design standards. APC #2873-18 Page l of 1 ORDINANCE NO. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST, JOSEPH COUNTY, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 14 SUBDIVISIONS TO DELETE FLOODPLAIN DEFINITIONS THAT HAVE BEEN UPDATED IN THE ZONING ORDINANCE, DELETE STREET AND ALLEY STANDARDS THAT DUPLICATE BOARD OF PUBLIC WORKS STANDARDS, AND DELETE CERTAIN LOT DESIGN STANDARDS THAT DUPLICATE LOT SIZE STANDARDS IN THE ZONING ORDINANCE STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana,adopted a new subdivision ordinance that went into effect on May 7,2004. The subdivision ordinance contains several standards that are now redundant or conflicting with City standards found elsewhere in the zoning ordinance or other City regulations. On December 1, 2015, the zoning ordinance's Floodplain Regulations(Section 21-12) was replaced in its entirety, including revised definitions for floodplain-related terms. The subdivision ordinance's street design standards replicate rules found in the recently adopted Construction Standards&Specifications of the Board of Public Works. The subdivision ordinance included lot standards that are established in other sub-sections of the zoning ordinance. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning,of the South Bend Municipal Code,Article 14 Subdivisions, Section 21-14.02(a) Definitions, is hereby amended as follows: 18) Flood insu,.anee Dregrin Reserved. 19) banks and/ar outside its e!anne!c and 4.M»: Reserved, 20) Flood hazafd aFea means that peFtion of afleedplain whieh is not adequately Reserved. 21) G'1 rl Ia:» means the area adjoining " ..._. OF StFeam :z.l ieh has been or whieh may 4 ea ter be goaded, and is o designated by the ; 4 al 1»..,,...,mee 461nihiWration and/or the Natural Reseumes Commission. Reserved. 39) r_ , , 4d :u;..trati n. Reserved. SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code,Article 14 Subdivisions, Section 21-14.03 (b) Street requirements, is hereby amended as follows: 2) AAierstreet-s shall be laid out se that their-use by thFough tr-affie will be d-iseouFaged. @4 (2) Where a subdivision borders on or contains an existing or proposed street as shown in the Land Use and Transportation Plan,the Commission may require a marginal access street,or-revefse double frontage with screen planting contained in a nonaccess reservation,which s all "^l'° -A minim^m at least width e€ten(10) feet wide almig the fear-pr-epeFty line,access via the side or rear of the lot, or such other treatment as may be adequate for pfeteetien of Fesidential prepeFties and to.,frd separation through and 1. eal tfaffie. 4 (3) 6) () q() (6) CSI l((/ QQ) CTI (8) 40' L91 l 1 (10) Culs-de-sac and dead-end streets, designed to be so permanently, shall generally not be longer than six d-( two hundred(200) feet. All dead-end streets shall terminate in radius of fifty(50) feet, itla an effeet:, e t„ radius of f..t„ (40 F et per the latest standards adopted by the Board. 0-2) 11 The minimum right-of-way width of all streets shall be as seheduled under seetien2l 14.08(c) per the latest standards adopted by the Board. 4. 4 44) SECTION II1. Chapter 21,Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (c) Alleys; standards, is hereby amended as follows: 2) Alleys shall be wed provided in residential areas °1^cpt where tepegmplaic„' e_„t",,.. , nditiens m neeessitate their use at the discretion of the Board. 3) The width of an alley shall not be lass than t.,eny(20)F tt' 5) SECTION IV. Chapter 21, Zoning,of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (e) Blocks; standards, is hereby amended as follows: 1) The width of blocks shall be sufficient to avoid double frontage lots,except where reverse frontage on a major thoroughfare is required. 2) Where effective use of land does not require otherwise, blocks in residential subdivisions shall not exceed sixteen hundred (1,600)one thousand (1,000) feet in length. 3)1,000) feet whe pedeatrienway, not less than ten (10) feet in width Fna),be fequir-ed n,-.Rr-the d paved to a width ef five (5) feet. The perimeter of any block shall not exceed two thousand eight hundred(2,800)feet in length. SECTION V. Chapter 21,Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (f) Lots; standards, is hereby amended as follows: 1) Residential l s shall in no ease be less than sixty(6 0T) feet ; .width at t.l..a.. bHilding line,neF eentain less than six thousand (6,000) squaFe feet in area. 2) Gerner-lots shall in ne case be less than sixty Aye(65) fat : width at the area.building line, nor-eantain less than seven theusand (7,009)squafe feet in( 3) The depth to width ratie of the useable aFea,the area which is n64 unuseable F 1building,serviGe, national 9F similar-aet:.,;t;es by reason of the existenee of geelegie,WpOgFaphie, drainage, OF other-similar half(2.5) to one (1.0), exceept where a vaFianee becomes neeessary feF the 7 ( I 4 (2) Every lot shall abut on a public street or have dedicated access to a public street as permitted by the Zoning Ordinance. 7) WheFe lar-geF than nermal lots are pfopesed, they shall be of-surah shape and dimensions that ftitare treet. ay rbeplatted along 1„t lines. 9) (41 hots shall be numbered consecutively throughout the entire subdivision. SECTION VI. Chapter 21,Zoning,of the.South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (g) Subdivisions in flood hazard areas, is hereby amended as follows: 1) Proposed subdivisions shall be reviewed to determine whether the subdivision lies in a flood hazard area. if the subdivision is to be leeated in a Aeedhaoapd trod ••,atefiats to the Jl Y F of nu f f ltJ f J kesour-ees f rl eemment. Appropriate changes and modifications may be required in order to assure that the development of the subdivision is consistent with the need to minimizeflooddamages; all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;adequate drainage is provided so as to reduce exposure to flood hazards; and that on-site waste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. SECTION VII. Chapter 21,Zoning, of the.South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.04 (b)(1)(A) is hereby amended as follows: vii. -Dimes-siened- 1 ud J;.,....,.sJ,,,.b J:ney. Reserved. SECTION V Ill. Chapter 21,Zoning, of the.South Bend Municipal Code,Article 14 Subdivisions, Section 21-14.04(c)(1) is hereby amended as follows: shall be reviewed by the Depcwtmemt ofAlaturalRe OFdafleeA'ith seetion 21 14.03(g)(1) of this artiele. 13) (A) E) (B) SECTION IX. Chapter 21, Zoning,of the South Bend Municipal Code,Article 14 Subdivisions, Section 21-14.05 (c)(1)(A) is hereby amended as follows: xii. INmensioned building setbaek lines. Reserved. SECTION X. Chapter 21,Zoning, of the South Bend Municipal Code,Article 14 Subdivisions, Section 21-14.05 (d)(1) is hereby amended as follows: A) if the subdivision falls within a de.ignared feed L.,zardeffea the subdiyisien shall be reviewed by the Department ef!ural Re-ordanee with eetien 21 14,03(g)(1)ef+his artiele 1} (A) B) C) SECTION XI. Chapter 21,Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.06(c)(1) is hereby amended as follows: in erdanee with seation 21 14.03(G)(1)of this a.wiela A) B) SECTION XI 1. Chapter 21,Zoning, of the South Bend Municipal Code,Article 14 Subdivisions, Section 21-14.08 (b) Required Improvements, is hereby amended as follows: 6) (B) Sidewalks shall be laeated t less than e (1) feet 4 the p party l:,,e on 11 exrept minoo mr-eet-s toprevent into«ferenee a eh.,n »t by fen walls,hedges, later d + In siRgle f :1, residential areas, eencrete sid cwuiksrsshall be five 5)f + •d d f6uf(4) inehes think. ARa,,:mum gradient en walks shall he t than five pereent. in ltifa il, or p housing development. mer-e sidewalks shall be ofidth d r e.7 by the Gommkigien. Sidewalks eotnfflemial areas shall h I _.._..,.,. v, width often(10)feet installed per the latest standards adopted by the Board. 8) The subdivision shall be provided with street trees the G d !he Q e .,teadent of Dafks shall he sidered-a crn, cvrrsrr-reav-rv-ri--ccr.cr-crlarvup ......,...........,. . »...,, shall .........».,..,» » reeemmended ifflpfevement. if sueh planting is aGeemplished,the trees shall be planted ne raleseF than five (5) f et to the ffent prope4y line an the pfopeFty side and shall be fired no closer than faf4y(A 0) feet aY rta Theyshall he minimum J / of ene d one half(1 1/2) :....hes in diameteF ffl red ., e(1) feet aboye the gmund.These r-estfiefiens shall apply to the ffeHt yaFd area enly. Trees planted along streets shall be installed per the regulations found at Chapter 19,Article 1 and the latest standards adopted by the Board. SECTION XIII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 14 Subdivisions, Section 21-14.08 (c) Streets and alleys; specifications, is hereby amended as follows: 2) All streets shall be surfaced and improved in the manner determined by the Board and shall conform to the fel!owing.,so"edule! latest standards adopted by the Board. T-A B1 9 1N8E-T. TI" W La-Rd and Pwnspertatien Plan Ceuee+ , si..,ors 6' 3`'moo'' and apartmei46 EArvi sir-eels fn single 5W 2-6! family detached dwellings- NUr-giRal aeeess** 40 4-81 Cuts de see and sheft loop -54! 2-6i 3'iweA,q 49eys 2$ 4-$ On all minor r-eyed,all weathp-.r-drimpy,A),and ElFiveway apreti shall AAeeswed gutter line to gutter- line._ b and gutter shall g Telly ROI be required on the 1.;..b. way side A planti....stfi.. with m;niffiwn width E)f'ten (10)feet r., .,be r real on the hi91,., ay aide SECTION XIV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock M. Pete Buttigieg, Mayor Mayor, City of South Bend, Indiana LAWRENCE P. MAGLIOZZI GXF.0 UTIP6 UIRBCT[)R Angela M. Smith pc pate Ui re,I ar AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 1V. J L F F L R S 0 N BLVD., ROOM 11+() COUNTY•CIT1 8LIIL1)1_NG, SOU"I-H BL•\1), I\hIANA +66111 (i 7 4) 21S-9571 September 19, 2018 Honorable South Bend Common Council 4 1 Floor, County-City Building South Bend, IN 46601 RE: Bill #37-18 Rezoning: APC#2873-18—Text Amendment Dear Council Members: The Area Plan Commission held a public hearing on September 18, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, September 24, 2018. Ordinance &Petition Amendments: Ordinance was updated to incorporate comments and suggestions from City Engineering and 1 add additional cross reference corrections. Public Hearing Summary: One person spoke in favor of the petition. Michael Divita, Department of Community Investment, noted that this will reduce confusion and eliminate redundancy in the Ordinance. If you have any further questions, please feel free to contact me at(574)235-9571. Sincerely, ak5e'4 3)Z'eA Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W"S T J O S E P H C O U N T Y I N D I A N A"C O M/A R E A P L A N F 5pU TH eF O tp 2 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office Mr. Tim Scott SEP 18 2018 President, South Bend Common Council 4th Floor County-City Building KAREEMAH FOWLER 227 W. Jefferson Blvd.CITY CLERK,SOUTH BEND,IN South Bend, IN 46601 Re: SUBSTITUTE Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2019 Dear Council President Scott: Attached herewith please find a substitute 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, 2019 and ending December 31, 2019. This tax rate will apply for property tax assessments in fiscal 2018 with taxes payable in fiscal 2019. Similar to prior years, this bill has been filed with estimated property tax rates. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed in February 2019. The actual property tax rates will depend on the 2018/pay 2019 net assessed valuation of property in South Bend. This bill is respectfully submitted for 1St reading filing with the Common Council for the council meeting on August 27, 2018, 2nd reading and public hearing at the council meeting on September 24, 2018, with V reading and council vote at the council meeting on October 8, 2018. 1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, t6(_ Cc Jennifer C. Hockenhull City Controller 074 SUBSTITUTE BILL NO. 38-18 In ;ler;'s Office SUBSTITUTE BILL NO. 38-18 SEP 18 2018 ORDINANCE NO. E i i bWL15l AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 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 2019. 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 2018 to be collected in the year 2019 the following: For CORPORATION GENERAL FUND, the sum of$3.6535 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of$0.8597 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$0.0385 on each one hundred dollars of Taxable Property. For PARK BOND DEBT SERVICE FUND, the sum of$0.0833 on each one hundred dollars of Taxable Property. Total Civil City Rate $4.6350 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana pUTFf R Filed in Clerks Office s: PEA(E: is AUG 21 2318 186s KAREEMAH ')WLER CITY OF SOUTH BEND PETE BUTTIGIEG, MA CUTY CLERK,SOU.T BEND,IN DEPARTMENT OF ADMINISTRATION AND FINANCE _ r August 21, 2018 Mr. Tim Scott President, South Bend Common Council 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2019 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2019 and ending December 31, 2019. This tax rate will apply for property tax assessments in fiscal 2018 with taxes payable in fiscal 2019. Similar to prior years, this bill has been filed with estimated property tax rates. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed in February 2019. The actual property tax rates will depend on the 2018/pay 2019 net assessed valuation of property in South Bend. This bill is respectfully submitted for 1St reading filing with the Common Council for the council meeting on August 27, 2018, 2nd reading and public hearing at the council meeting on September 24, 2018, with 3rd reading and council vote at the council meeting on October 8, 2018. 1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, 1" Jennifer C. Hockenhull City Controller r Iv Filed in Clerk's Office BILL NO. 38-18 AUG 2 12018 j p ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIA , 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, 2019 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 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2018 to be collected in the year 2019 the following: For CORPORATION GENERAL FUND, the sum of$xxxxx on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of$O.xxxxon each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$O.xxxx on each one hundred dollars of Taxable Property. Total Civil City Rate $xxxxx For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of$O.xxxx on each one hundred dollars of Taxable Property. Total Redevelopment Rate$O.xxxx SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana yoUTtr 120ON COUNTY-CITY BUILDING PHONE 574/235-9822 227 W.JEFFERSON BLVD. 7 FAX 574/235-9928 SOUTH BEND, INDIANA 46601-1830 PEACE M X 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2018 Filed in CIer4<"s Office Mr. Tim Scott AUG 21 201E President, South Bend Common Council 41h Floor, County-City Building KAREEMiH,'TQWLER 227 W. Jefferson Blvd. CITY CLERK,OOUT_ H BEND, IN South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Bend for the fiscal year ending December 31, 2019 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2019 and ending December 31, 2019. This bill is respectfully submitted for 111 reading filing with the Common Council for the council meeting on August 27, 2018, 2,d reading and public hearing at the council meeting on September 24, 2018, with V reading and council vote at the council meeting on October 8, 2018. 1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, Y*' -LaC Jennifer C. Hockenhull City Controller Excellence I Accountability I Innovation I Inclusion I Empowerment BILL NO. 39-18 BILL NO. 39-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1,2019 AND ENDING DECEMBER 31,2019 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 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For the expenses of the Civil City Government, its various Departments, Funds, Commissions, and institutions for the fiscal year ending December 31, 2019, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2019, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: 201) Park and Recreation Fund 202) Motor Vehicle Highway Fund 203) Park Recreation Non-Reverting Fund Filed in Clerk's Office 209) Studebaker Oliver Reverting Grants 210) Economic Development Grant Fund AUG 21 2018 211) Community Investment Administration Fund 212) Community Investment Grant Fund KAREEMAII FOWLER 216) Police State Seizures Fund CITY CLERK,SOUTH REND, IN 217) Gift, Donation, Bequest Fund 218) Police Curfew Violations Fund 219) Unsafe Building Fund 220) Law Enforcement Continuing Education Fund 221) Landlord Registration Fund 222) Central Services Fund 224) Central Services Capital Fund 226) Liability Insurance & Premium Reserve Fund 227) Loss Recovery Fund 249) Public Safety Local Option Income Tax Fund 251) Local Roads and Streets Fund 257) LOIT 2016 Special Distribution 258) Human Rights—Federal Fund 265) Local Road & Bridge Grant Fund 273) Morris PAC/Palais Royale Marketing Fund 274) Morris PAC Self Promotion Fund 278) Police Take Home Vehicle Fund 279) IT/Innovation/311 Call Center Fund 280) Police Block Grant Fund 289) Hazmat Fund 291) Indiana River Rescue Fund 294) Regional Police Academy Fund 295) COPS More Grant Fund 299) Police Federal Drug Enforcement Fund 312) 2017 Parks Bond Debt Service Fund 313) Hall of Fame Debt Service Fund 377) Professional Sports Development Fund 401) Coveleski Stadium Capital Fund 404) County Option Income Tax Fund 405) Park Department Non-Reverting Capital Fund 406) Cumulative Capital Development Fund 407) Cumulative Capital Improvement Fund 408) County Economic Development Income Tax Fund 410) Urban Development Action Grant Fund 412) Major Moves Construction Fund 416) Morris Performing Arts Center Capital Fund 450) Palais Royale Historic Preservation Fund 451) 2018 Fire Station Capital Bond 471) 2017 Parks Bond Capital Fund 655) Project ReLeaf Fund 677) Hall of Fame Capital Fund 701) Fire Pension Fund 702) Police Pension Fund 705) Police K-9 Unit Fund 711) Self-Funded Employee Benefit Fund 713) Unemployment Compensation Fund 714) Parental Leave Fund 730) City Cemetery Trust Fund 750) Equipment/Vehicle Leasing Fund 751) Parks Bond Capital Fund 753) Smart Streets Bond Capital Fund 755) South Bend Building Corporation Fund 757) Parks Bond Debt Service Fund 759) Eddy Street Commons Phase II Capital Fund 760) Eddy Street Commons Phase II Debt Service Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana ot''rtt eF 120ON COUNTY-CITY BUILDING 01 PHONE 574/235-9822 227 W.JEFFERSON BLVD. FAX 574/235-9928 SOUTH BEND, INDIANA 46601-1830 r PEACE :r y X 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2018 Filed in Clerk's Office Mr. Tim Scott AUG 21 2018 President, South Bend Common Council 4th Floor, County-City Building KAREEMAH FOWLER 227 W. Jefferson Blvd. I CITYCL_E_R_K,SOUTH BEND_,IN 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, 2019 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures for the fiscal year commencing January 1, 2019 and ending December 31, 2019. This bill is respectfully submitted for 1St reading filing with the Common Council for the council meeting on August 27, 2018, 2 I reading and public hearing at the council meeting on September 24, 2018, with 3 I reading and council vote at the council meeting on October 8, 2018. 1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, Jennifer C. Hockenhull City Controller Excellence I Accountability I Innovation I Inclusion I Empowerment BILL NO. 40-18 BILL NO. 40-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND,INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1,2019 AND ENDING DECEMBER 31,2019 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 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2019, 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, 2019 the above appropriations are made within the following Funds of the City: 287) EMS Capital Fund 288) EMS Operating Fund 600) Consolidated Building Fund Filed in Clerk's Office 601) Parking Garages Fund 610) Solid Waste Operating Fund AUG 21 2018 611) Solid Waste Depreciation Fund 620) Water Works General Operations Fund KAREEMAH FOWLER 622) Water Works Capital Fund CITY CLERK,SOUTH BEND, IN 624) Water Works Customer Deposit Fund 625) Water Works Sinking Fund 626) Water Works Bond Reserve 629) Water Works O&M Reserve Fund 640) Sewage Repair Insurance Fund 641) Sewage Works General Operations Fund 642) Sewage Works Capital Fund 643) Sewage Works O&M Reserve Fund 649) Sewage Works Bond Sinking Fund 653) Sewage Works Debt Service Reserve Fund 667) Storm Sewer Fund 670) Century Center Operating Fund 671) Century Center Capital Fund 672) Century Center Energy Savings Debt Service Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at_o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Aft qr Ptrans o south bend public Filed IB Clerks Office transportation corporation Via Hand Delivery AUU August 21, 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Mr. Tim Scott President - City of South Bend Common Council County- City Building - Room 400S South Bend, IN 46601 Dear President Scott: Enclosed please find an original and several copies of: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORTATION'S 2019 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council") for adoption by the Council. Specifically, Indiana Code 6-1.1-17-20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6-1. 1-17-20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. Transpo's Board of Directors will vote to approve the budget and levy on September 17, 2018. The scheduled public hearing of the budget with South Bend Common Council is scheduled to be on September 24, 2018. Transpo's budget was filed with the Common Council on August 22, 2018. This Ordinance will be presented to the Council by Transpo's Controller, Christopher Kubaszak. Transpo's General Counsel, Jamie C. Woods and representatives of Transpo's Board of Directors may also attend. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. Sincerely, 4 OM Amy E. Hill Interim General Manager and Chief Executive Officer 574) 232-9901 • FAX (574) 239-2309 • 1401 South Lafayette Blvd • South Bend, IN 46613 BILL NO. 41-18 Filed in Clerk's Office BILL NO. 41-18 LAUG 21 2016 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING,ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2019 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA,FOR THE FISCAL YEAR ENDING DECEMBER 31,2019 STATEMENT OF INTENT Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit its proposed budget and tax levy to the Common Council of the City of South Bend for adoption. Specifically, Indiana Code § 6-1.1-17-20 requires that the South Bend Public Transportation Corporation, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Common Council of the City of South Bend. Pursuant to Indiana Code § 6-1.1-17-20(e),the Common Council of the City of South Bend is required to review the South Bend Public Transportation Corporation's budget and proposed tax levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending December 31, 2019 in the sum of$13,390,931.00, as shown on Budget Form 4-A, filed with the Common Council on August 21, 2018, is appropriated, adopted, approved and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same. Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for by law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South Bend Public Transportation Corporation, a total property tax levy of$4,648,000.00 and a total tax rate of 0.1218 as shown on Budget Form 4-B are also appropriated, approved and adopted. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approved by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana BILL NO. 42-18 BILL NO. 43-18 BILL NO. 44-18 SpUTH h Filed in Clerk's Office p l a/- aZ x x SEP 19 2018 1865 KAREEMr` H FOWLERCITYOFSOUTHBENOCITY CLERK,SOUTH BEND, IN COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR September 19, 2018 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend,IN 46601 RE: Real Property Tax Abatement Petition for: National Distribution Centers, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the construction of a new warehouse and distribution facility, located at the intersection of Dylan Drive and Parkland Drive, South Bend, IN. The report contains the Department's findings relative to the above petition. The total amount of private investment for the new building construction and land purchase is estimated at$14M. The project meets the qualifications for a nine-year real property tax abatement.A representative from a parent company, NFI Industries, will be available to meet with the Committee on Monday, September 24th,2018. 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 235-5838. Sincerely, Velinao Business Development Manager Department of Community Investment DANMLJ. aeunrt.n ivuian iuvi v a.uuv BUSINEss DEVELOPMENT ENGAGEMENT&ECONOMIC EDIPOIVERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&.COM4uNm RESOURCES EXCELLENCE I ACCOUNTABILITY( INNOVATION I INCLUSION EMPOWERMENT 1400S County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov BILL NO. 18-53 Filed in Clerk's Office t City of South Bend 2018 Petition for Incentives v-, . ". 4 i WR t Petition must Include a$250 flung fee payable to the City Clerk's Office or online via the City's website at L24C, 0 tJ.H BFND,IN http://southbendln.gov/government/content/tox-abatement before processing can be complete General Information Project Name Project Number Legal name as registered with Secretary of National Distribution Centers, LLC ("NFI") Business structure Limited Liability Company Company webslte www.nfiindustries.com Proposed Project Information Proposed project address Dylan Drive Parent company name NFI City,State,Zip South Bend, IN 46628 Legal owner NFI Site acreage or acreage required 20.0 acres Is the real estate owned or owned Square feet of facility 232,000 If leased by whom Primary Contact Information Primary company contact name Troy Adams Title Director of Real Estate Address of company contact 1515 Burnt Mill Road Phone (0)856-552-3178 (C)267-872-24 City,State,Zip Cherry Hill, NJ 08003 Email Itrov.adams@nfiindustries.com Senior Official Information Company senior official name same as above Title Address of company contact(If different from Phone City,State,Zip Email Consultant Information/Agent Hired business consultant/agentname JBradley Company/m. Ne Consultant release(y/N) Y Address 112 W. Jefferson Blvd,Suite 30 local economiccdoe/vaelo mN' ntpartners n/a City,State,Zip South Bend, IN 46601 Email Imneal@bradleyco.com Project Overview Brief description of your NFI is a leading international third party logistics provider offeringcompany,project,and why the property Is necessary for services in distribution, transportation, logistics and real estate. NFI economic growth operates more than 40 million square feet of distribution and logistics real estate and employs more than 10,000 people throughout the US and Canada. NFI is entering its 86th year in business as a privately held, family-owned company. The project is precipitated by the strong growth of its client which requires a significant expansion (and its current subleased facility is inadequate). Seeking a new project site of at least 20 acres to construct (using local GC, subs and materials) its own 232,000 sq ft hl lilriinn tha nano h nnci P P(i I r.ati nc in S th anti c well Certified Technology Park appropriate n/a Is the project In a Tax Incremental Financing Yes, River West Development TIF Certify that the Buliding Permit has not been y Number of residential units crested by I o rural d If this Is a petition for personal property tax abatement,has N otheequipmentbeenInstalled Investment Details Public Infrastructure needs(Cff- Has any 504 funding been What is the value of any equipment being purchased In What Is the value of any equipment being slte of project In dollars) received? Indiana for the project? purchased from out of state for the project? To be discussed No TBD - —$1.0 million TBD - —$3.0 million New Proiect Investments Calendar Year 2018 2019 2020 2021 2022 2023 2024 2025 Land Acquisition 1,000,000 Building Lease Payments Building Purchase Costs New Building Construction 2,000,000 $11,000,000 Existing Building Improvements New Machinery&Equipment 4,000,000 Special Tooling/Retooling New Furniture/Fixtures 25,000 New Computer/IT Hardware 25,000 New Software 50,000 On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL 3,000,000 $15,100,000 1 01 $01 so!so! $0 0 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative#of net NEW full time Hourly average wage,w/o Total training Total#to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2018 108 S1825 or S4.1M 2019 2020 2021 2022 2023 2024 2025 2026 2025 2028 2029 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial Administrative w o w—IFFe—tFe—Inarviclual responsible tor coordinating with WorkOne on recruiting? Does your company have an EEO hiring policy?I Yes Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year 2018 2018 2018 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black 54 Hispanic 5 Asian 1 Indian Female 39 Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify( Yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Construction Related icontractorsL, A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from Local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors Yes 19 19 D, Require Prevailing Wage(Davis Bacon) No 22 E. Require Health Benefits Yes 22 22 F. Require Pension Benefits Yes 18 18 G. Maintain Affirmative Action Plan Yes 20 20 Sub-total Construction Related: 1 1 9 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 15 F. Provide Transportation Assistance No 14 G. Provide Employer Assisted Housing program No 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs No 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference No 34 Sub-total Workforce Related: 76 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A, Yeszoo,conservatory,museum,etc) e. Name of Facility Sub-total Municipal Facility: R4 24 Sub-total from Above: Troy Ad 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal lir tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Be unic ode ec.2-76 et sey_,for this petition state the abovg. Submitted By: Date: For Staff Use Only Below This Line What Is the current assessed value? Real Property:l Property: What Is the projected assessed value? Real Property: G Personal Property: What Is the tax key number for this project? O^ OC)„J(^O 57A O What is the six digit NAICS code? 6Y Please attach a Gocgle map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One Year Two Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Y or N Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Super Size Projects Ipolnt values are cumulative): A. 100%to 199% 25 B. 200%to 299% 6 68 C. 300%to 399% p 65 D. 400%and Over 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 3 539 Total from Staff Section: p 461 Total Public Benefit Points: 1000 t___ ---- Filed in Clerk's OfficeBILLNO. 18-53 SIP 19RESOLUTIONNO.2018 pp KAREEMAKR rb, LER CITY C!ERK,SOUTH REND, IN 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 Lot 5 U S 31 Industrial Park Phase II AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 9) NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR National Distribution Centers, LLC WHEREAS, a petition for real 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 portions of the property located at the intersection of Dylan Drive and Parkland Drive, South Bend, Indiana which is more particularly described as follows: Lots 5 U S 31 Industrial Park Phase Ii 02-03 New Replat Tr 8044 10-9-01 and which has Key Number 025-1009-015209, and be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sec., and South Bend Municipal Code Sections 2-76 et SeMc., and; WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et SeMc., and South Bend Municipal Code Sections 2-76, et sm., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to four (4) 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(9) nine years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 90% Year 3 - 90% Year 4 - 80% Year 5 - 80% Year 6—70% Year 7—70% Year 8—60% Year 9—60% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council FiClerk's Office P 19 2018 STATEMENT OF BENEFITS 20 PAY 20 REAL ESTATE IMPROVEMENTS iV5AH F(JWLER State Form 51767(R6110-14) SOUTH BEND IN FORM SB•1 f Real Property Prescribed by the Department of Local Government K.__.. PRIVACY NONCE This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Any information concerning the cost Q Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4)of the property and specific salaries paid to individual employees by the Residentially distressed area(IC 6-1.1-12.1-4.1) proparty owner is confidential per INSTRUCTIONS: IC 6-1.1-12.1-5.1. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment orrehabilitation ofreal property for which the person wishes to claim a deduction. 2. The statement of benerits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner ifit was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1 1Real Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION INFORMATION Name of taxpayerr ational Distributions Center, LLC (NFI) Address of taxpayer(number and street,city,state,and ZIP code) 1515 Burnt Mill Road, Cherry Hill, NJ 08003 Name of contact person Telephone number E-mail address toy Adams roy.adams@nfiindustries.corr SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of daslgnatlng body Resolution number ity of South Bend Location of property County DLGF taxing district number Description of real property improvements.redevelopment,or rehabilitation(use eddiNonal sheets llnecessary) Estimated start date(month,day,year) ecember 1, 2018 232, 000 sq ft Concrete block/Pre-cast concrete building with 32'clear heights, docks with I Estimated completion date(month,day,year) ctober 31, 2019 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Clries Number additional salaries 4.1 million 108 4.1 million i SECTION 4 ESTINIATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST I ASSESSED VALUE current values 11,000,000 3.500 Plus estimated values of proposed project 117,100,000 Less values of any property being replaced 0 Net estimated values upon completion of project 118,100,000 SECTION r AND .THER BENEFITS PROMISED B Estimated solid waste converted(pounds) 0 Estimated hazardous waste converted(pounds)0 Other benefits Maintain 108 employees with—$5.0 million payroll with full company benefits(healthcare, retirement savings,training, pal CERTIFICATIONSECTION6TAXPAYER I hereby certify ntations in this statement are true. Signature o au ed repre I Date sign (mon ,day,year) Printed name of authorized represents' e IT'Ite j lye C/l[/Z Page 1 of 2 FOR USE OF THE DESIGNA11011 136DY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under iC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires is B. The type of deduction that is allowed In the designated area Is limited to: 1.Redevelopment or rehabilitation of real estate Improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable Is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 (*see below) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-177 Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the Information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to Justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature and title ofaffesfe Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SBA/Real Property was approved prior to July 1,2013,the deductions established In IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body Is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SBA/Real Property was approved prior.to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SBA/Real Property that is approved after June 30,2013,the designating body Is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's Investment. b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter- An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 Filed in Clerk's Office TAX ABATEMENT REPORT SEA' 19 2018 TO: SOUTH BEND COMMON COUNCIL KAREEWA_k F(_UVLER NS ,!RI FROM:ANGELINA BILLO CITY CLERK,SOUTH BE °"°'-° SUBJECT: REAL AND PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: National Distribution Centers, LLC DATE: September 19,2018 On Monday September 17r'', 2018, a petition from National Distribution Centers, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at the intersection of Dylan Drive and Parkland Drive, South Bend, IN. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. j The Department of Community Investment has reviewed the petition(a copy of which is attached), investigated the area,and makes the following report. PROJECT SUMMARY Construction of the approximately 232,000 sq. ft. new warehouse and logistic s distribution building Building is designed as a concrete block/precast masonry construction, with 32' clear ceiling heights; cross dock design and office space 5,000 sq. ft. 14,000,000 private investment in the building construction and land purchase A parent company, NFI Industries, is a leading international third-party logistics provider offering services in distribution, transportation, logistics and real estate. NFI operates more than 40 million square feet of distribution and logistics real estate and employs more than 10,000 people throughout the US and Canada. The project is precipitated by the strong growth of the company's client base which requires a significant expansion. The current subleased facility on Sample Street in South Bend is inadequate. The company has considered locations in South Bend as well as east central Indiana (I-69 corridor) which would be more centrally located to expand its distribution and fulfillment commitments for product delivery in the upper Midwest IN, OH,MI&IL) an&possibly in KY and MO. Estimated taxes being paid during the nine-year abatement period—$1,138,755 Estimated taxes being abated during the nine-year abatement period—$1,675,590 t E EMPLOYMENT EWPACT Per the petition, currently,there are 108 employees with an—$4.1 million annual payroll. The average hourly wage is $18.25. The company's commitment is to retain all existing jobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The Building Commissioner has reviewed the petition and finds no building permit has been issued. 4. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. i S. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (9) nine-year real property tax abatement under section 2-76.4, Add-on Abatement. 1 1 R P E i i i jE 1 71 F i ti 7 i d i i i I o m 0 0 0 0 a N O N Eon coo m°oo°c°n rn n n rm NSoP t+ y. t0 N N N P N c0 N N M M OtD V e 0 TO 0 0 0 0 o N O N N O N W0000nmMOO m of tn o o cn m r n n n th 0 0 m 00 cO6 N N N O(O V N N m M J UjOM N O k LLox`O 0000 a -O m Eon g,loo m 0 0 m O O N N TI '"V OP e, M1,1 Y N V N r r !h M O r h l.i.l c o m 0 0 0 0 o mom m o m r I SS M M M r OPO00thd. 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FAX 574/ 235-9928 SOUTH BEND,INDIANA 46601-1830 wig PEACE 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE r September 17, 2018 Filed in Clerk's Office SEP 18 2018 Mr. Tim Scott KAREEMAH FOWLER President, South Bend Common Council CITY CLERK,SOUTH BEND,IN 41h Floor, County-City Building South Bend, IN 46601 Re: Ordinance Setting the Mayor's Salary For 2019 Dear President Scott: Attached is the 2019 salary ordinance setting the Mayor's salary. Under Indiana law, I.C. 36-4-7- 2(c),the Mayor's salary may not be reduced from the prior year's amount. This ordinance increases the Mayor's 2019 salary by 2% over his 2018 salary which is the same as the proposed increase for other non-bargaining employees. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on September 24, 2018,with 2nd reading,public hearing and 3`d reading scheduled for October 8, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, ko Jennifer C. Hockenhull City Controller OP- BILL NO. 45-18 EF s Office BILL NO. 45-18 WLER SEND, INORDINANCENO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 36-4-7-2, the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for the Mayor of the City of South Bend in calendar year 2019 shall be and hereby is established at $110,885. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any publication required by law. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana SOUTH s City of South Bend 574)235-9321 U x Fax( 574)235-9173 TDD(574)235-5567 PEACE Common Council http://www.southbendin.gov 441 County-City Building o 227 W.Jefferson Blvd 1865 South Bend,Indiana 46601 Filed in Clerk's Office Tim Scott September 19, 2018 pp n President SEP 19 2018 Oliver Davis The South Bend Common Council KAREEMAH FOWLER Vice-President 4d' Floor County-City Building CITY CLERK,SOUTH BEND,IN Gavin Ferlic South Bend, Indiana 46601 Chairperson, Committee of the Whole Re: Proposed 2019 Council Member Salary Ordinance Tim Scott First District Dear Council Members: Regina Williams-Preston Second District Attached is the 2019 salary ordinance setting the Common Council's salary. The Proposed Council budget includes a salary increase for members of the Sharon L.McBride Common Council at 2%. If approved,this would be the result in an increase Third District of$388.22 over the current maximum salary. Jo M.Broden Fourth District I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for review and recommendation and then set for the 2nd Jake Teshka 3`d reading and public hearing at the October 8th Common Council Fifth District meeting. Oliver Davis Sixth District Most Sincerely, Gavin Ferlic At Large i John VoordeJohn Tim Sco , Council President At South Bend Common Council Karen White At Large Attachment cc: Office of the City Clerk BILL NO. 46-18 Filed in Clerk's Office BILL NO. 46-18 SEP 19 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council is required to fix the annual compensation of elected city officers. Indiana Code §36-4-7-2 authorizes the legislative body to carry out these responsibilities. This ordinance proposes a two percent(2%)maximum increase for calendar year 2019 for the nine- member Common Council. Now,Therefore it be ordained by the Common Council of the City of South Bend, Indiana as follows: Section 1. The maximum salaries for the members of the South Bend Common Council for the 2019 calendar year shall be established as follows,which reflects a maximum 2% increase over the 2018 maximum rate: 2018 2019 19,411 19,799 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana o spUTH ` vVd PE CB INC x OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK Filed in Clerk's Office September 19, 2018 The South Bend Common Council SEP 19 2018 4''Floor County-City Building South Bend, Indiana 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Re: Proposed 2019 City Clerk's Salary Ordinance Dear Council Members, Submitted for your consideration is the ordinance that sets the salary for the South Bend City Clerk for the 2019 calendar year. This ordinance increases the City Clerk's 2019 salary by 2% which is congruent with the proposed increase for other non-bargaining employees. As you know, I will present this bill to the Personnel and Finance Committee at the appropriate time. Please don't hesitate to let me know if you have any questions or require further information. Your favorable approval is hereby requested. Respectfully, areemah N. Fowler, City Clerk Office of the City Clerk Attachment cc: Office of the City Clerk INTEGRITY1 SERVICE1 ACCESSIBILITY JENNIFER M.COFFMAN BIANCA L.MiR Josmi R MOLNAR CHIEF DEPUTY/DMEGMR OF OPERATIONS DEFuTy/DiRECrOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.92211 f 574.235.9173 1 www.southbendin.gov BILL NO. 47-18 Filed in Clerk's Office BILL NO. 47-18 SEP 19 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT The City Clerk serves as the clerk to the legislative body pursuant to Indiana Code § 36-4-6- 9 and is required to preserve the legislative body's records and proceedings. The City Clerk is also charged with keeping the City Seal, administering official oaths, attending all regular and special meetings of the Common Council, and performing other duties as may be required by the legislative body. Indiana Code § 36-4-11-4 authorizes the City Clerk to appoint the "number of deputies and employees authorized by the city legislative body", which are established by a separate ordinance. The City Clerk currently manages a staff of four (4) employees, which includes overseeing the Ordinance Violations Bureau. The South Bend Common Council is required to fix the annual compensation of all elected city officials pursuant to Indiana Code §36-4-7-2. Now,therefore,be it ordained by the Common Council of the City of South Bend,Indiana,as follows: Section 1. The maximum salary for the City Clerk for the 2019 calendar year shall be established as follows: 2018 2019 70,900 72,318 Section I1. 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. 1 Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 2 o 1 ACEMACE > 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office SEP 18 2018 Mr. Tim Scott KAREEMAH FOWLER President, South Bend Common Council CITY CLERK,SOUTH BEND,IN 4th Floor, County-City Building South Bend, IN 46601 Re: 2019 Teamster Employee Wage Ordinance—Ratification Dear President Scott: Enclosed please find the proposed 2019 Teamster Employee Wage Ordinance.The agreement was ratified by the Teamster Union on October 16, 2016. The agreement was then passed as an ordinance#10474-16 on October 24,2016. The agreement is for a 4-year period from 2017-2020. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on September 24, 2018,with 2nd reading,public hearing and 3`d reading scheduled for October 8, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, Y 0_f Jennifer C. Hockenhull City Controller BILL NO. 48-18 Filed in Clerk's Office BILL NO. 48-18 S E P 18 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2017-2020 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the monetary aspects of the agreement reached between the City Negotiating Team and the Teamster's Negotiating Team on October 19,2016. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I.Maximum Compensation a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly,wages are set and paid on a Bi-Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position. Section II. Holidays,Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. a) Holidays. Holidays for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. c) Insurance. 1) Comprehensive Maior Medical Insurance Program/Preferred Provider Organization (PPO). The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. 2) Short and Long-Term Disability. Short and Long-Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. 3) Payment for Election to Leave Employer's Comprehensive Mnior Medical Insurance Program. The City shall pay one hundred and thirty dollars ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory,and the Employee who made such election may return to the City's comprehensive major medical Insurance Program,provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars ($130) payment per month thereafter. 4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars($15,000)for each Teamster employee. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year,whichever is later. 5) Benefit Waiting Period. The City notes that life insurance,comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty (60) day eligibility period; and that the long-term disability program requires a minimum of a ninety(90)day eligibility period which Teamster employees must meet. d) PERF Contribution. The City shall contribute one and one half percent(1.5%)of the Employee's required three percent (3%) contribution to the Indiana Public Employee Retirement Fund("PERF")under Ind. Code 5-10.2-3-2. Employees are responsible for the remaining one and one half percent(1.5%)contribution to PERF. e) Longevity. In recognition of certain Employee's dedicated service to the City,the following Longevity Bonus Plan is provided according to the contract terms and conditions: 0-5 Years 0 6-10 Years =$150 11-15 Years =$200 16-20 Years =$250 21+Years =$350 f) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement,the Bargaining Agreement shall prevail. g) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute,after consultation with the Controller and after appropriation by the Common Council. h) Definition of Full-Time Employee. Full-time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled,forty(40)hours per week,or a reduced full-time schedule of thirty (30) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. i) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule,not to exceed one thousand five hundred eight 1,508) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits),they are not eligible for other City benefit programs. Section III.Additional Appropriation and State of Indiana Approval Any appropriation for 2017 PERF contributions required by this ordinance are approved by the Common Council,and the Mayor or his designee is authorized to execute any documents related thereto required by any agency of the State of Indiana. Section IV.Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 45nUTH8 . o 41 y PEACE 1865,_% CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office Mr. Tim Scott SEP 18 2018President, South Bend Common Council 4th Floor, County-City Building KAREEMAH FOWLER South Bend, IN 46601 CITY CLERK,SOUTH REND,IN Re: Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for the South Bend Police Department Dear President Scott: On October 24, 2016, the South Bend Common Council passed Ordinance No. 10472-16, which established the annual pay and monetary fringe benefits for all sworn members of the South Bend Police Department for calendar years 2017,2018,2019 and 2020. This action followed successful labor negotiations between the City Advisory Negotiating Team working with our Agents who negotiated with the FOP Negotiating Team and their Agent. As noted at the August 29, 2018 Personnel and Finance Committee when the South Bend Police Department budget for calendar year 2019 was presented, all annual pay amounts and monetary fringe benefits set forth in their proposed budget reflect the exact amounts originally established in Ordinance No. 10472-16. The attached ordinance re-affirms all of those monetary amounts and programs for the 2019 calendar year, which were originally part of the ratified 4-year agreement. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 st reading on September 24,2018,with 2nd reading,public hearing and 3rd reading scheduled for October 8, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, s"l Jennifer C. Hockenhull City Controller Attachment cc: Police Chief Scott Ruszkowski Dan Demler, FOP Union Agent Robert Palmer, Council Agent 04 BILL NO. 49-18 LF led in Clerk's office BILL NO. 49-18 SEP 18 ZQ18 ORDINANCE NO. AREEMA H FOWLER CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10472-16 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, established the annual compensation and monetary fringe benefits of the South Bend Police Department following successful labor negotiations with representatives of South Bend FOP Lodge #36 in 2016. The total wage, monetary fringe benefits and working conditions package was ratified by voting members of the FOP which resulted in the South Bend Common Council passing Ordinance No. 10472-16 on October 25, 2016. Ordinance No. 10472-16 set forth the provisions of a four year agreement establishing the annual pay and monetary fringe benefits for calendar years 2017, 2018, 2019 and 2020, and also established maximum annual pay and monetary fringe benefits for upper level policy making positions in the South Bend Police Department as defined in Indiana Code § 36-8-1-12. This ordinance formally re-affirms all provisions of Ordinance No. 10472-16 in its entirety for the 2019 calendar year. NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The annual pay and monetary fringe benefits established for all sworn members of the South Bend Police Department, including all upper level policy making positions in the Department, are hereby fixed and re-affirmed for the 2019 calendar year as per Ordinance No. 19472-16 passed by this Council on October 26,2016 which originally established the annual pay and monetary fringe benefits.. A copy of Ordinance No. 10472-16 is attached hereto, incorporated herein by reference, and reaffirmed in its entirety. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock . M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana O IC T II Y\ y`pL C i 1 865: CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office Mr. Tim Scott SEP 18 2018 President, South Bend Common Council 4'h Floor, County-City Building KAREEMAH FOWLER South Bend, IN 46601 CITY CLERK,SOUTH BEND,IN Re: Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for the South Bend Fire Department Dear President Scott: On October 23, 2017, the South Bend Common Council passed Ordinance No. 10549-17, which established the annual pay and monetary fringe benefits for all sworn members of the South Bend Fire Department for calendar years 2018, 2019, 2020 and 2021. This action followed successful labor negotiations between the City Advisory Negotiating Team working with our Agents who negotiated with the Fire Union Negotiating Team and their Agent. As noted at the August 8, 2018 Personnel and Finance Committee when the South Bend Fire Department budget for calendar year 2019 was presented, all annual pay amounts and monetary fringe benefits set forth in their proposed budget reflect the exact amounts originally established in Ordinance No. 10549-17. The attached ordinance re-affirms all of those monetary amounts and programs for the 2019 calendar year, which were originally part of the ratified 4-year agreement. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 st reading on September 24, 2018,with 2nd reading,public hearing and 3rd reading scheduled for October 8, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, PLO—f Jennifer C. Hockenhull City Controller Q BILL NO. 50-18 Fln rk's Olfiee BILL NO. 50-18 8 2014 ORDINANCE NO. FOWL ER UTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, RE-AFFIRMING ORDINANCE NO. 10549-17 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, established the annual compensation and monetary fringe benefits of the South Bend Fire Department following successful labor negotiations with representatives of South Bend Firefighters Local Union#362 in 2017. The total wage, monetary fringe benefits and working conditions package was ratified by voting members of the Firefighters Union which resulted in the South Bend Common Council passing Ordinance No. 10549-17 on October 23, 2017. Ordinance No. 10549-17 set forth the provisions of a four year agreement establishing the annual pay and monetary fringe benefits for calendar years 2018, 2019, 2020 and 2021, and also established maximum annual pay and monetary fringe benefits for upper level policy making positions in the South Bend Fire Department as defined in Indiana Code § 36-8-1-12. This ordinance formally re-affirms all provisions of Ordinance No. 10549-17 in its entirety for the 2019 calendar year. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The annual pay and monetary fringe benefits established for all sworn members of the South Bend Police Department, including all upper level policy making positions in the Department, are hereby fixed and re-affirmed for the 2019 calendar year as per Ordinance No. 10549-17 passed by this Council on October 23, 2017 which originally established the annual pay and monetary fringe benefits.. A copy of Ordinance No. 10549-17 is attached hereto, incorporated herein by reference,and reaffirmed in its entirety. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Ordinance No. 1054q-_ Irl 3`d Substitute Bill No. 65-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2018,2019. 2020 AND 2021 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council,pursuant to Indiana Coded 36-8-3-3(d), is charged with establishing before November 1 of each year the annual compensation of the South Bend Fire Department. On June 1, 2017, Captain Chris Baker, the Vice-President of South Bend Firefighter's Association informed the City of their interest to enter into negotiations.Thereafter,the South Bend Common Council and the Board of Public Safety adopted separate Resolutions which designated their respective agents for the negotiations. The City's Advisory Negotiating Team's membership includes Corporation Counsel and City Agent Stephanie Steele, Assistant Chief Todd Skwarcan, Assistant Chief Andrew Myer, Battalion Chief"A" Shift Dave Maenhout, City Controller Jennifer Hockenhull,Human Resources Generalist Ian Spindler,and Director of Financial Services for Public Safety,Danny Cocanower. The South Bend Common Council's Advisory Negotiating Team includes Council President Tim Scott,Council Member Jo Broden,Council Member John Voorde and Council Agent Robert J.Palmer. The South Bend Firefighter's Local Union#362 Negotiating Team's membership includes Captain Jim Weinberg, Union President; Pump Engineer, Ryan Takacs, acting Union Vice- President; Captain Russ Buysse, Steward; Pump Engineer, Mike Jamieson, Sergeant at Arms; Captain Gerard Ellis,Member; and Timothy Curran, Legal Counsel. This ordinance reflects the proposals discussed during negotiations which were tentatively agreed to by the respective negotiating teams. It sets forth the recommended salaries and other monetary benefits to be paid to the sworn members of the South Bend Fire Department in calendar years 2018,2019, 2020 and 2021. This ordinance is believed to be in the best interests of the Fire Department and the best interests of the City of South Bend. f 'and, Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the South Bend Firefighters'Association Local No.362 of the International Association of Firefighters, AFL-CIO, as the sole bargaining agent for the sworn members of the South Bend Fire Department for purposes of negotiating annual pay,monetary fringe benefits and Said bonus amounts shall be pro-rated in the event that a qualifying sworn member or upper level policy making person moves into the South Bend city limits after the beginning of the calendar year or moves out of the South Bend city limits during a calendar year. Section IV. Specialty Pays. a) EMS Incentives. Monetary incentives shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements and are assigned to perform such special duties which are verified by the department. Unless indicated otherwise, all specialty pays shall be prorated to the date of the regular assignment for such specialty duty or duties and paid accordingly. A qualifying sworn member performing any of the following specialties shall be paid at the highest certification/licensing only. Assignment 2018 2019 2020 2021 Field Training Officer TO 850 850 850 850 Lead Paramedic Incentive 1,000 1,000 1,000 $1,000 Emergency Medical Responder 250 250 250 250 EMT—Basic 350 350 350 350 EMT—Adv. 900 900 900 900 EMT—Paramedic 900 900 900 900 b) Special Operation Team Specialty Pays. The following specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements for each specialty and who are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of regular assignment for such special duty or duties and paid accordingly.The following Special Operation Team Specialty Pays are established: Type of Special Operation Team 2018 2019 2020 2021 Hazardous Materials Team Response Team Member 1,200 1,200 1,200 $1,200 Team Leader 400 400 400 400 Swift Water Rescue Team Scuba Diver 1,200 1,200 1,200 $1,200 Specialist 1,200 1,200 1,200 $1,200 Technician 500 500 500 500 Team Leader 400 400 400 400 Tactical Rescue Team Response Team Member 1,200 1,200 1,200 $1,200 Team Leader 400 400 400 400 Honor Guard Team Leader $400 400 400 400 c) LEP Specialty Pay: A Limited English Proficiency(LEP)Program overseen by the City's Human Resources Director or his/her designee shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform LEP duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: 3 1 Page months of December listed below, and shall be attributed to the annual salary base for pension purposes. Longevity pay shall be as follows: Cumulative Years ofService on SBFD Lon evity Pay 2018 2019 2020 2021 6-10 Years of Service 300 300 300 300 11-15 Years of Service 600 600 600 600 16-20 Years of Service 1,900 1,900 1,900 $1,900 21 + Years of Service 3,400 J$3,400 3,400 $3,400 c) Qualifying sworn members of the South Bend Fire Department holding the rank of Assigned lead on the Ambulance in the South Bend Fire Department shall receive additional compensation in recognition of the cumulative years of service as an assigned lead. Such longevity pay shall be divided into bi-weekly payments over the year.Longevity pay shall be as follows: Longevity Pay 2018 2019 2020 2021 1-2 Years of Service 550 550 550 550 2-5 Years of Service 1200 1200 1200 1200 5-10 Years of Service 1,800 1,800 1,800 $1,800 10+ Years of Service 2,400 J$2,400 1$2,400 J$2,400 Section VIII. Station Allowance. The South Bend Common Council shall budget a total monetary amount for a line-item station allowance which incorporates realignment so that the concerns of the smaller and older fire stations will be addressed and that minimum needed purchases can be made with proper approval.The amount per station shall be as follows from this line-item: Station Number 2018 2019 2020 2021 1 2,850 2,850 2,850 $2,850 2 1,250 1,250 1,250 $1,250 3 1,250 1,250 1,250 $1,250 4 1,250 1,250 1,250 $1,250 5 850 850 850 850 6 1,250 1,250 1,250 $1,250 7 1,250 1,250 1,250 $1,250 8 850 850 850 850 9 850 850 850 850 10 1,250 1,250 1,250 $1,250 11 1,250 1,250 1,250 $1,250 Needed station purchases shall be approved by a majority vote of the assigned sworn members at each fire station and shall be submitted by each House Captain for review, approval and purchase by the Fire Chief and the City Controller. Such monies may not be carried over from year to year and must be used by December 31 of each calendar year. 5 1 P a g e f) Pay for Other Instructors. Other instructors who are qualified and selected to teach specified on-duty in-house instruction programs forrookie schools,driving,confined spacerescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction, shall be paid at the rate of fifteen dollars ($15.00)per hour, upon the approval of the Fire Chief, or his or her designee. Said hourly rate shall be paid over and above the qualifying individual's salary classification and shall be paid in a manner consistent with applicable regulations ofthe State Board ofAccounts. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. g) Pay for Certified SCBA Repair Specialists.Those sworn members ofthe South Bend Fire Department who are qualified,certified and regularly assigned by the Fire Chief,or his or her designee to perform self-contained breathing apparatus(SCBA)repairs,shall be paid atthe rate of fifteen dollars($15.00)per hour up to amaximum ofone thousand dollars($1,000.00)in anyone calendar year. h) Critical Duty Day Stipends.In 2018,2019 2020,and 2021,the Critical Duty Day Stipend shall be set at one-half(1/2)of an eligible sworn member's regular hourly rate plus longevity,but not less than three hundred ($300.00) for the nine (9) Critical Duty Days which are designated each calendar year by the Board of Public Safety. Such stipend may be pro-rated for time actually worked with the eligible sworn member choosing among three(3)options which are further addressed in the governing Collective Bargaining Agreement approved by the Board of Public Safety. i) Deferred Compensation. The City of South Bend agrees to continue to maintain the Deferred Compensation Program which became effective on January 1, 1997 for the South Bend Fire Department. This program provides that for the first one hundred dollars ($100.00) deferred by a sworn member of the Department each calendar year,the City of South bend will match said amount 0.50 on the dollar, and for the next three hundred dollars($300.00)deferred by a sworn member of the Department each calendar year,the City of South Bend will match said amount,dollar for dollar. 0) Life Insurance. The City of South Bend shall continue to provide life insurance coverage on all sworn members and upper level policy making positions of the South Bend Fire Department in an amount equal to the amount of the sworn member's base pay or the upper level policy making position's base pay. k) Health Insurance.Each active sworn member and upper level policy maker of the of the South Bend Fire Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. Fire pensioners who are not members of South Bend Firefighters Association# 362 shall pay an additional. fifty dollars($50.00) per month over and above such rates, subject to the obligations of Local#362 as may be further addressed in an approved Collective Bargaining Agreement between the City of South bend and Local #362 which provides that membership shall not be unreasonably withheld,unless agreed to by a Letter of Understanding approved by the Board of Public Safety. 1) Program Coordinators.Any appointed Program Coordinator shall receive in addition to 7 1 P a g e Presented by me to the Mayor of the City of South Bend, Indiana on the I' h day o 2 ( "` , at o'clock A,, m. ty i 1 rk Approved and signed by me on the day of bz1 2 O 1q , at o'clock-4—.m. Mayor,of South Bend, Indiana i 5r READING tlz5 i l Filed in Clerk's Office PUBLIC HEARING 3rd READING t t)111 n OCT 2 3 2017 NOT APPROVED REFERRED 9126/1 KAREEMAH FOWLER PASSED IDl 31)-I CITY CLERK,SOUTH BEND, IN 9 1 P a g e i Spl3 TH 120ON COUNTY-CITY BUILDING 0 p, PHONE 574/235-7678 227 W.JEFFERSON BLVD. 2` FAX 574/ 235-9928 SOUTH BEND,INDIANA 46601-1830 max CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office SEP 18 2018 Mr. Tim Scott President, South Bend Common Council KAREEMAhi FOWLER 4th CITY CLERK,SOUTH SEND,IN Floor, County-City Building South Bend, IN 46601 Re: 2019 Non-Bargaining Employee and Officer Salary Ordinance Dear President Scott: Enclosed please find the proposed 2019 Non-Bargaining Employee and Officer Salary Ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 st reading on September 24, 2018,with 2nd reading,public hearing and 3rd reading scheduled for October 8, 2018. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, S*Z0 Jennifer C. Hockenhull City Controller l BILL NO. 51-18 s od In s Office BILL NO. 51-18 SEP 1 LU18 ORDINANCE NO. KAREEMIAH FOW1 ITY CLERK.SO(i", 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 2019 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 2019. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid may be less than the maximum amounts set forth herein. This Ordinance establishes such compensation for all non-bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non- bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly,salaries are set and paid on a Bi-Weekly basis.Amounts by alphabetical position are set forth,as well as the annual salary for each position. Section II. Holidays,Vacations and Other Monetary and Fringe Benefits Incorporated by Reference a) Holidays. Holidays designated by the Board of Public Works shall govern non- bargaining employees for the calendar year 2018. The provisions of the City's Employee Handbook 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 Employee Handbook as it may be amended from time to time,incorporated herein by reference. c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. d) Parental Leave. Parental leave will be offered to all eligible full-time employees in accordance with the policy adopted by the administration to be effective January 1, 2018. This policy may be amended from time to time and will be incorporated into the City's Employee Handbook. e) Insurance. 1) Comprehensive Major Medical Insurance Program. The City shall maintain a comprehensive major medical insurance program in which, subject to Section III herein,non-bargaining employees regularly scheduled to work 30 hours or more per week may participate under the rules and guidelines of the plan document. All employees are provided access to a copy of a plan document each year. 2) Short and Long-Term Disability. Short and Long-Term Disability shall be as set forth in the City's Employee Handbook, as it may be amended from time to time, which is incorporated herein by reference. 3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty 130) per month ($65 bi-weekly)to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions are a Qualifying Life Event or Open Enrollment of the City's Comprehensive Major Medical Insurance Program, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollar ($130) payment per month thereafter. 4) Life Insurance. The City shall provide term life insurance coverage in an amount 1 x annual salary rounded up to the nearest $1,000 for each benefit eligible employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year,whichever is later. 5) Benefit Waiting Period. The City notes that life insurance and comprehensive major Medical Insurance programs require a minimum eligibility period of thirty(3 0)days;and that the long-term disability program requires a minimum ninety(90) day eligibility period which must be met. f) Hiring Bonus.The Mayor,may,at his/her discretion,offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered.This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred($100)to four thousand dollars ($4,000). g) Allowances. 1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred dollars ($500) dollars per month. 2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours.The allowance shall not exceed one-hundred dollars ($100)per month. h) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and is subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute,after consultation with the Controller and after appropriation by the Common Council. i) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Employee Handbook as it may be amended from time to time. Section III. Employee Definitions a) Full-Time Employee. Full-time employees are those employees who are regularly scheduled to work forty(40)hours per week,or a reduced full-time schedule of thirty 30)hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms, conditions and limitations of each benefit program.However,solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act(the Act)as amended,the definition of full time employee shall be the equivalent of that which is provided in the Act, and this Section shall not be construed to be in conflict with the Act. b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status as defined by the City including those who qualify for health care benefits under the Act,but who do not meet the City's definition of full- time employee under subpart(a)of this Section,and who are scheduled to work less than the City of South Bend's full-time schedule,not to equal or exceed one thousand five hundred sixty (1,560) hours per year. While they do receive certain mandated benefits (such as worker's compensation, social security benefits, and for some, health care under the Act),they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorneys employed in the City's Legal Department in part-time positions as well as all elected Council members and the Senior Advisor to the Mayor,are eligible for participation in all of the Employer's Benefit Programs. Section IV. City's Employee Handbook Availability Two(2)copies of the City's Employee Handbook shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County-City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler,City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. 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MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (5 7 4) 235-9571 September 18, 2018 Honorable Common Council 4th Floor, County-City Building Filed in Clerk's Office South Bend, IN 46601 SEP 19 2018 RE: 121 E. Tutt Street ICAAPC# 2879-18 REEMAFI FOWLER CITY CLERK,SOUTH BEND ICI Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your September 24th, 2018 Council meeting, and set it for public hearing at your October 22"d,2018 Council meeting. The petition is tentatively scheduled for public hearing at the October 16th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions,please feel free to contact our office. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A. C O M/A R E A P L A N BILL NO. 53-18 Filed in Clerk's office BILL NO. 53-18 SEP 19 2018 b ORDINANCE NO. KAREENIAH r&i`fL-ER CITE'CLERK,SOUTH SEP AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 121 EAST TUTT STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LI to MU for a group residence. 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 commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A parcel of land in the East %2 of the Southwest '/a of Section 12, Township 37 North, Range 2 East and more particularly described as follows: Beginning at the intersection of the East right of way line of the first North/South alley West of Michigan Street and the North right of way line of Tutt Street; thence West along said right of way line of Tutt Street to the Southwest corner of Lot 1, in the Replat of Indiana Lumber& Manufacturing Company's Tutt Street Subdivision; thence North along said West line of Lot 1 to the Northwest corner of Lot 1; thence East along the North line of Lot 1 of said Tutt Street Subdivision to the Northwest corner of Lot 2: thence South along the West line of said Lot 2 to the North right of way line of Tutt Street; thence East along said North line to the Southeast corner of Lot 3 of said subdivision; thence North along the East line of Lot 3 to the Northeast corner of Lot 3; thence East along the North lot line of Lot 4, 5 and 6 of said subdivision to the Northeast corner of Lot 6; thence South along said East line of Lot 6 to the North right of way line of Tutt Street; thence East along said North right of way line to the Southeast corner of Lot 7 of said subdivision; thence north along said East line of Lot 7 and the East line extended North to the South right of way line of the Norfolk& Southern(Penn Central)railroad right of way; thence Northeast along said South right of way line 80 feet, more or less, to a point; thence South parallel with the East line of said Lot 7 and Lot 7 extended, a distance of 215 feet,more or less,to the Southeast corner of a parcel with tax key number 018-3022-0849.01; thence West along the South property line of said parcel 220 feet,more or less to the East right of way line of said first North/South alley West of Michigan Street; thence South along the East right of way line to the North right of way line of Tutt Street and the place of beginning. be and the same is hereby established as MU Mixed Use District. SECTION II. That a Special Exception Use for a Group Residence in a MU Mixed Use District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION IV. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City ofSouth Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 121 E. Tutt Street South Bend, Indiana 46601 2) The property Tax Key Number(s) is/are: 018-3022-0849; 018-3023-0853; 018-3023-0854 3) Legal Descriptions: Enterfull legal description 4) Total Site Area: 2.44 Filed in Clerk's Office 5) Name and address of property owner(s)of the petition site: Matthews 121 Tutt LLC II SEP 19 2010 PO Box 338 L__________ __ J Notre Dame, Indiana 46556 KAREEMAH FOWLER CITY CLERK, SOJJTH BEND, IN 574-607-8008 info@matthewsllc.com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name AHEA IL]D- City, Address State Zip Code 1 t Phone number with Area Code E-Mail Address AN C on#- Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: LI Light Industrial District Additional zoning district, if applicable To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): A group residence weather amnesty site for programs and services to serve the City's homeless population during the coldest time of the year. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff ifyou need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Please explain how your variance petition addesses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Please explain how your variance petition addesses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: To allow a Group Residence 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: The intent of the temporary use is to address public health, safety and geeeral welfare by providing a safe and warm environment for the most vulnerable members of our community's population. The offering of shelter encourages less non-sheltered activity. b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The temporary use provides a controlled shelter environment as an alternative to the homeless being on the streets near or at adjacent property. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: This location is across the street from other homeless service locations and away from the main traffic corridors. d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Policy H1.5 Support existing transitional houisng providers and shelters that offer a continuum of care to move people towards self-sufficient. In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: David Vanderveen, Executive Director HOPE Ministries 432 S. Lafayette Street South Bend Indiana 46601574-235-4150 DVanderveen@hopesb.org BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s), or signature of Attorney for all property owner(s): L ' F J) P 14 2018 LAN CO 10 ation#—J 1099b rIW1'WaB VNOS IOOZ I:ns'uYi Aerulwun 6z6 eueipul'F 'S F T I—is ;L tl9 WV'600 dAIS3NjvN31--m FS318191NIW3dOHIN a U0Ije01lil d 01, 0 t4t11d V3Iuv o0lOZVId3Swxcn owT,_ Qo I cv i i.0 em I Z I m I I yt ? A jP1 KW II QQ1 I < CZ I I p W I1H OO I N 6m e LDo yyggke' oSg r w c I I Z Ii III 1 I M/H.001133N1S NVE)IHOIW 13381S NVJIHOIW Filed in Clerk's Office SEP 19 2013 KAREENIAH FOWLER CITY CLERK,SOUTH BEI`M. IN! 1 l`n O z O f) o {0 1- O'D : c0 U. cl_ uj w Y N LU J oo 00 00 p O U 00 0) O LL I- 07 LO -O U C 0 c E O o o0 C O V A f0 H C7 O Q C O CL tOIJ N 0 E Q N c L 0 W c aL+ Y w 7 m 0 V O O .i>, cn U U w_ v O cn G mZc 2 O w O CL o 2 Filed in ClerWs Office BILL NO. 18-55 SEP 19 2018 RESOLUTION NO. G L`!_„„_ R 3_- ``_33___1_M1.1 _ nI C-ITY CLERK,SC)UTH BEND,._.__._.__......... ..._..._._.._. .__._ w 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 1715 S. DALE AND 1717 S. DALE 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 property located at: 1715 S. DALE AND 1717 S. DALE In order to permit a TWO FAMILY DWELLING SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: BILL NO. 18-55 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTY INFORMATION: The property Tax Key Number(s) is/are: 018-7054-2044 and 018-7054-2045 The property address: 1715 S Dale Ave, South Bend IN 46613 S F P 13 2018 1717 S Dale Ave, South Bend IN 46613 If the application only includes a portion of the property listed above,provide the Legal Description for the petition area and the total site area: 1715 S Dale - 33 Ft NEnd Lot 89 90 Oak Park 2nd Add 1717 S Dale -38 Ft Mid Pt Lots 89-90 Oak Park 2nd Add VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired request(e.g. From the required[enter requirement]to[enter request going to])Additional examples can be found on our website. Please conact the Staff ifyou need assistance. 1)Insert list of variances. From the Minimum Lot Area for Two Family Dwellings of 6000'square feet to 5540'square feet. From the required 25'Minimum Front Yard and Building Setback to 15' 2)A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Yes, The approval will not be injurious to the public health, safety, morals and general welfare. We have 80 ft to work with. A rear yard variance would allow a full size vehicle to park in the driveway. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Yes. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The smaller Rear Yard will be made up by a normal sizedfront yard. A fense in the backyard could help c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Yes. The strict application of the terms of this Ordinance would mean a smaller house.A slightly smaller yard would ensure comfort and space inside the house. SPECIAL EXCEPTION USE INFORMATION (if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested : Construct duplex townhouse on two adjacent lots. 1715 S Dale Ave & 1717 S Dale Ave 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare: The proposed use will provide new and safe housing for two families c) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The proposed use will help improve the values in the area. The proposed use will also help fill the empty lot's in the south side. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: The proposed use will be new and bold but consistent with the character of the district. The proposed use will also compliment the surrounding houses, schools, churches and businesses. d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Yes. "The study by Zimmerman/Volk Associates, a housing consultingfirm, says the south, northwest and west sides of South Bend can absorb a total of 180 and 230 new "missing middle"housing units annually. The city has plenty of space for smaller housing projects in areas where builders haven't always looked, the study says. The apartments recommended by the study would range in rent prices of 450 to$900 per month, and condominium purchase prices could land between $70,000 and$165,000. Volk believes that South Bend's patchwork of vacant lots, many bordered by existing homes, is prime territory for smaller developers to build on, in addition to renovating vacant or dilapidated homes." In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. i 4ILED - JUL 12 2018 i I SEP 13 2018 PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: 2010 Investment Group LLC C/O David Njoroge 3131 Springbrook Dr South Bend, IN 574.210.9633 dnjoroge55@yahoo.com Name and address of additional property owners, if applicable: Name and address of petitioner(s), if different than the petitioner): Name Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners, if applicable: CONTACT PERSON: David Njoroge-2010 Investment Group LLC 3131 Springbrook Drive South Bend, IN 46614 574.210.9633 dnjoroge55@yahoo.com BY SIGNING THIS PETITION,THE PETTTIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. Signature(s)of all property owner(s): i T (z Z I l l C A v --{v 30 A r' k _:ED- JUL 12Z018 t F F-1 7 L SEP 1 ;3 2010 G 68' Lot Area 68' * 80' = 5440' 34' Z 0 N 14' 14'3" 20' House 1 House 2 00 N O House 1 Ard House 2 Yard w 22' 12' Side Walk SideI alk Side Walk Grass Gr ss Grass w Street Street Street SEP 13 2018 BILL NO. 18-56 Filed in Clerk's Office RESOLUTION NO. SEP 19 2018 A RESOLUTION OF THE COMMON COUNCIL OF U( UTH BEND,IN SOUTH BEND, INDIANA,APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 340 E COLFAX AVE 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 property located at: 1715 S. DALE AND 1717 S. DALE In order to permit a HYDRO-DAM ELECTRIC UTILITY FACILITY SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: BILL NO. 18-56 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council ED - CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE SEP 14 2018 PROPERTY INFORMATION: The property Tax Key Number(s) is/are: 018-5001-000203, 018-5001-001301, 018-5001-000501, 018-5001-0013, 018-5001-0005 The property address: Address: 340 East Colfax Avenue, South Bend, Indiana 16601 If the application only includes a portion of the property listed above, provide the Legal Description for the petition area and the total site area: That part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana which is described as: Lot# 1 of the proposed Plat of"Seitz Park Minor Subdivision. Containing 1.75 Acres more or less. Subject to all legal highways, easements and restrictions of record VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired request(e.g. From the required[enter requirement]to[enter request going to])Additional examples can be found on our website. Please conact the Staff ifyou need assistance. 1)Insert list of variances: For Parcel "A": 1). From the required 5 ft. mininmm Side yard setback along the North property to 2 ft.; 2). From the minimum Front Fagade Height-in elevation view from the street fronatge, twenty-two (22)feet to a minmiunrn often (10)feet for both shown buildings; 2)A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: The Petitioners desire to make major improvements to the property presently known as Seitz Park. The property is located between the St. Joseph River on the West and South, with the East Race Waterway on the East, new Commercial/Residential development on the North and the Stephenson Mills Apartment building located to the Northeast of the petition site. Also proposed on this property is a unique use being proposed by the University of Notre Dame which is a private hydro-dam electric utility facility. This facility will be under the proposed park improvements. The University will have a long-term lease agreement to operate the facility on the Park's Department property. The two building structures shown on the site, will be used by the proposed uses. The building along the North property line is for use of equipment related to the proposed hydro-dam electric nrtility facility. The building shown at the Northeast corner of the site will be a new restroan facility for the park. Representatives for the owner and the University met with the Plan Commission staffto discuss the project to determine the process requiredfor its approval. Based on those discussions it was determined that a few Variances would be neededfor the proposed buildings and a Special Exeption would be requiredfor the proposed private hydro-dam electric utility facility. b) The proposed variances are to cover the two buildings shown on the attached site plan. For the request for the Side yard setbackfrom the required 5 f1. the building is shown at 2 fi. 777is location for the building works for the proposed in frastructure for the underground water channels,funneling waterfront the river to the turbines generating power for the facilty. This is part of an overall development for the park site as iwell as an adjacent parking lot shown to the North of the park site. This parking lot will serve the Stephenson Mill Apartment building. The plan shows that to the North of the proposed building will be a parking lot aisleway and curbing which will provide access to the parking spaces.As part of this overall development new lot lines will be created as shown. If required, a maintenance easement will be placed to asure that all sides of the proposed building can be maintained The second variance is to allow for a height variance for the two proposed buildings from the mininnumn required 22 feet to 10 feet. This requirement is in the Ordinance, but it as envisionedfor buildings being placed along major public streets. This site has Ghttz Avenue as the public street. The owners are presently in discussions to decide whether to vacate a portion of this public street which would have it end at the south line of of the lot containing the Stephenson Mills Apartment building. If that happens the requested variance would not be needed. But as of now this public street exists and the buildings proposed are visible from it. To be conservative it was decided to request the variance now. The requested variances should not have a detrimental effect on the public's health, safety or welfare. c) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The proposed project will be used as a public park. The site presently is used as a park. Approval of the requested variances for this project should not adversely affect any surrounding property. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: In this case, the Petitioners would note that they have attempted to mitigate the proposed variance for the side yard building setback They believe their solution does meet the intent of the City's Ordinances. For the height of the faVade visible from the public street, the Petitoners believe they have explained the uniqueness of the site and the placement of the buildings. They have also noted that at a point in the future a portion of the public street may be vacated which would make the one variance un- necessaty. This small side street is used minimally by the public. The Petitioners do not believe approval of any requested variance in this Petition will have a negative impact on any surrounding property or be detrimental to the existing neighborhood. SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s) being requested : Private Hydro-dam Electric Utility Facility. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: The placentent of the proposed facility will be beneath the proposed iniproventenis for Seitz Park as shown on the attached site plan. This proposed facility is intended to supply additonal electric power to the Unitsity of Notre Dame Campus as a sustainable supply of clean power. The placement of the facility should have no deterintentrial effect on the public, community or surrounding properties. b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: As mentioned above, the proposedfacility will be placed under the proposed park improvements. This use is compatible with its location to the St. Joseph River. Its placentent should not have an adverse affect on the proposed park improvements, or the adjacent mired uses of contmercial facilities, and residential uses or the East Race Waterway. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: The proposed private hydro-dam electric facility is consistent within the district as the site is located along the St.Joseph River. This is needed to supply the proposed use with the resource to run the facility. This 1}pe of use is typically located along a waterway curd specially-where there already is an existing dam structure. d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use is not specifically noted in the City's Comprehensive Plan, but due to the type of use, its location would most likey be considered appropriate for the City Plan. This use is consistent with the historical use of this section of the St.Joseph River to supply energy to the nearby entities. In the case of a Special Exception Use,the petitioner shall be held to the representations ma e on°tlWe k6'lirh-inar° Site Plan included with this petition. SEP I 42018 i I PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: City of South Bend Park Department Board of Park Commissioners of South Bend 321 East Walter Street 321 East Walter Street South Bend, Indiana 46614 South Bend, Indiana 46614 574-299-4765 574-299-4765 E-Mail Address:N/A E-Mail Address:N/A Department of Redevelopment Suite 1400 South-County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 574-235-5836 E-Mail Address:N/A Name and address of additional property owners, if applicable: Name and address of petitioner(s), if different than the petitioner): Name:N/A Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners, if applicable: CONTACT PERSON: Michael Danch-Danch, Harner&Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003. nidanch@danchharner.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. 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