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HomeMy WebLinkAbout2022-09-26 FINAL Committee Notice and Council Agenda Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, SEPTEMBER 22, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, September 26, 2022: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/09262022CC. 3:00 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN 1. Bill No. 22-43 – A Resolution Approving and Adopting the Kennedy Park Neighborhood Plan 3:30 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE 1. Update – Community Engagement for the SB Plan 2045 – Presenter: Lawrence Greenspun 4:00 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 30-22 – Amending Zoning Ord for Property located at 1335 E. Ireland and 4427 S. Brookton, South Bend, Indiana 2. Bill No. 41-22 – Amending Zoning Ord for Property located at 1345 N. Michigan St., South Bend, Indiana 3. Bill No. 134-21 An Ordinance for property located a 2701 Lincolnway West (Substitute) 4:30 P.M. PUBLIC WORKS & PROPERTY VACATIONS CHAIRPERSON, NIEZGODSKI 1. Bill No. 44-22 – An Ordinance to Vacate a Portion of the LaSalle Avenue Connector North of Colfax Avenue and West of the East Line of the City Cemetery Extended to Colfax Avenue, South Bend, Indiana 4:40 P.M. PERSONNEL AND FINANCES CHAIRPERSON, NIEZGODSKI 1. Bill No. 45-22 – An Ordinance for Budget Transfers for Various Depts Within the City of South Bend for 2022 2. Bill No. 46-22 – An Ordinance Appropriating Additional Funds for the year 2022 3. Bill No. 47-22 – An Ordinance Amending Two Sections of Ch 16, Art. 4 of the South Bend Municipal Code 4. Bill No 48-22 – An Ordinance appropriating, Adopting, and Approving the South Bend Public Transportation 2023 Budget 5. Bill No. 49-22 – An Ordinance Levying Taxes and Fixing Rate for Taxation for Year 2023 and Appropriating Monies for 2023 Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Personnel and Finance Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, September 26, 2022 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/09262022SBCC 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA COMMEMORATING THE WEEK OF SEPTEMBER 9-18, 2022, AS WELCOMING WEEK IN SOUTH BEND, INDIANA 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 134-21 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) 30-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1335 EAST IRELAND AND 4427 SOUTH BROOKTON, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 41-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1345 N. MICHIGAN ST., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 44-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, STREET VACATION – A PORTION OF THE LASALLE AVENUE CONNECTOR LYING NORTH OF COLFAX AVENUE AND WEST OF THE EAST LINE OF THE CITY CEMETERY EXTENDED SOUTH TO COLFAX AVENUE, SOUTH BEND, INDIANA. 45-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2022 46-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2022 OF $110,000 FROM THE GENERAL FUND (#101), $3,348,550 FROM THE DCI FEDERAL GRANT FUND (#212), $25,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $475,000 FROM THE MVH RESTRICTED FUND (#266), $10,000 FROM THE INDIANA RIVER RESCUE FUND (#291), $161,819 FROM THE LOCAL INCOME TAX ECONOMIC DEVELOPMENT FUND (#408), $332,253 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND (#410), $314,270 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA FUND (#413), $1,100,000 FROM THE WATER WORKS OPERATIONS (#620), $240,000 FROM THE SEWER REPAIR INSURANCE FUND (#640), $785,000 FROM THE SEWAGE WORKS OPERATING FUND (#641), AND $8,000 FROM THE FIRE PENSION FUND (#701) 47-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING TIPPING AND LOADING CHARGES FOR YARD WASTE CUSTOMER WITHIN TWO SECTIONS OF CHAPTER 16, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE 48-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING, AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION’S 2023 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, 2023 (PUBLIC HEARING ONLY, THIRD READING ON 10-10-2022) 49-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL 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, 2023, AND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2023 AND ENDING DECEMBER 31, 2023 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT (PUBLIC HEARING ONLY, THIRD READING ON 10-10-2022) 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 134-21 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 30-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1335 EAST IRELAND AND 4427 SOUTH BROOKTON, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 41-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1345 N. MICHIGAN ST., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 44-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, STREET VACATION – A PORTION OF THE LASALLE AVENUE CONNECTOR LYING NORTH OF COLFAX AVENUE AND WEST OF THE EAST LINE OF THE CITY CEMETERY EXTENDED SOUTH TO COLFAX AVENUE, SOUTH BEND, INDIANA. 45-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2022 46-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2022 OF $110,000 FROM THE GENERAL FUND (#101), $3,348,550 FROM THE DCI FEDERAL GRANT FUND (#212), $25,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $475,000 FROM THE MVH RESTRICTED FUND (#266), $10,000 FROM THE INDIANA RIVER RESCUE FUND (#291), $161,819 FROM THE LOCAL INCOME TAX ECONOMIC DEVELOPMENT FUND (#408), $332,253 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND (#410), $314,270 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA FUND (#413), $1,100,000 FROM THE WATER WORKS OPERATIONS (#620), $240,000 FROM THE SEWER REPAIR INSURANCE FUND (#640), $785,000 FROM THE SEWAGE WORKS OPERATING FUND (#641), AND $8,000 FROM THE FIRE PENSION FUND (#701) 47-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING TIPPING AND LOADING CHARGES FOR YARD WASTE CUSTOMER WITHIN TWO SECTIONS OF CHAPTER 16, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE 11. RESOLUTIONS BILL NO. 22-43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE KENNEDY PARK NEIGHBORHOOD PLAN 12. BILLS OF FIRST READING BILL NO. 52-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY THE SOUTHEAST HALF, 120 FEET, OF THE ALLEY EXTENDING BETWEEN GOOD PLACE AND BLYLER PLACE ROUGHLY PARALLEL TO RIVERSIDE DRIVE IN THE CITY OF SOUTH BEND AREA COMMONLY KNOWN AS KELLER PARK NEIGHBORHOOD 53-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF DEPUTIES AND NON-BARGAINING EMPLOYEES APPOINTED BY THE CITY CLERK OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2023 54-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, , SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2023 55-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2023 AND 2024 56-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2023, 2024, AND 2025 58-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2023 59-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2023 IN CONFORMITY WITH ORDINANCE NO. 10863-22 AND AMENDING THE CITY RESIDENCY INCENTIVE AT SECTION II (I) OF THAT ORDINANCE 60-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR2023 61-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2023 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 09-22-2022) 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. Rachel Tomas Morgan, Chairperson Eli Wax, Member Henry Davis, Jr., Vice-Chairperson Kaine Kanczuzewski, Citizen Member Thomas Kurzhal, Citizen 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. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen 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. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, 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. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Desmont Upchurch, Citizen 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. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Scott Matthew Coats, Citizen Member Maria Gibbs, Citizen 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. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Chris Hagstrom-Jones, Citizen Member Citizen Member 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. Sheila Niezgodski, Chairperson Eli Wax, Vice-Chairperson Rachel Tomas Morgan, Member Troy Warner, Member Henry Davis, Jr., Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Publi c Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Member Lori K. Hamann, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen 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. Henry Davis, Jr., Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen 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. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen 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. Troy Warner, Member Eli Wax, Member 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice-Chairperson Personnel & Finance Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Information & Technology Committee, Vice-Chairperson Rc4,o. in SEP ! ?n•,1 DAVJM. JrF[l 3 CITY CLENK, SOUTH BEK!3 1N CITY OF SOUTHBEND COMMUNITY INVESTMENT September 19, 2022 Ms. Sharon McBride President, South Bend Common Council 4th Floor County City Building South Bend, IN 46601 Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE KENNEDY PARK NEIGHBORHOOD PLAN Dear President McBride: Scheduled on the Common Council's agenda for September 26th is a resolution, approving and adopting the Kennedy Park Neighborhood Plan. The Kennedy Park Neighborhood Plan area is roughly bounded by Westmoor Street and Lincoln Way West on the north, City Cemetery on the east, Washington Street on the south, and Bendix Drive on the west. The City of South Bend developed this plan through a process that engaged residents, businesses, institutions, government agencies, and other neighborhood stakeholders. The Kennedy Park Neighborhood Plan was approved and adopted by the South Bend Plan Commission on September 19, 2022. A representative from the Department of Community Investment will present at the Committee and full Council meetings. Thanks for your consideration of this bill. Sincerely, 6&V71-4 vc Angela Rose Senior Planner BILL NO. 22-43 Bill No. 22-43 7 ' SEP 2 C4, P t F RESOLUTION NO. 4977-22 _ --_ _ . DAIr N M. ,t7f'F.' a A RESOLUTION OF THE COMMON CO -'Ufa, R JN OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE KENNEDY PARK NEIGHBORHOOD PLAN WHEREAS, the City of South Bend, Indiana, recognizes the need to improve and revitalize the Kennedy Park neighborhood through strategic planning; and WHEREAS, in 2006, City Plan, the Comprehensive Plan for South Bend, was adopted by the Area Plan Commission of South Bend -St. Joseph County and the Common Council of the City of South Bend pursuant to the provisions of Indiana Code 36-7-4-500 et. seq. as a statement of policy for the land use development of the jurisdiction; and WHEREAS, Policy LU 1.1 of City Plan is to "pursue the development of area -specific plans with broad community involvement" to provide strategic direction in the future growth and development of that area, and to achieve the City Plan Goal "to encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community"; and WHEREAS, the City of South Bend, has undertaken the responsibility to prepare a plan for the Kennedy Park Neighborhood; and WHEREAS, the Kennedy Park Neighborhood Plan is a strategic revitalization plan that was created with input from a variety of stakeholders, including residents and property owners, and area stakeholders and other organizations; and WHEREAS, the Kennedy Park Neighborhood Plan contains revitalization strategies, detailed land use and zoning plans for the development of the area, and a strategic implementation matrix, all with public and private sector investment opportunities; and WHEREAS, the South Bend Plan Commission has approved the Kennedy Park Neighborhood Plan by resolution, has certified it to Common Council of the City of South Bend, and has provided it with a favorable recommendation; and WHEREAS, the Common Council of the City of South Bend, Indiana has the authority to amend a comprehensive plan if it finds the content to be appropriate and in the best interests of the community; and WHEREAS, the Kennedy Park Neighborhood Plan, which is attached hereto and incorporated herein, contains all the elements necessary to strategically guide development in its specific area and is appropriate and in the best interest of South Bend and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I: The Kennedy Park Neighborhood Plan, a true and complete copy of which is attached hereto and incorporated herein, shall be and hereby is approved. SECTION II: The adoption of the Kennedy Park Neighborhood Plan amends City Plan, the Comprehensive Plan for South Bend, by providing further direction for the area of land within the boundaries of the Kennedy Park Neighborhood Plan. SECTION III: That this Resolution shall be in full force and effect from and after its adoption by the Common Council. Sharon McBride, Council President South Bend Common Council BILL NO. 30-22 aNo, 3o-ar i1ethrrCle"riz ffice AUGL2 ?7 DAWN M.JONES CITY CLERK,SOUTH BEND, IN Petition to Rezone Property Located at I 1335 Ireland Road & 4427 Brookton Drive I Before the City of South Bend Plan Commission I August 15, 2022 KPIEGI :EVAULT® NABONMARCHE 4101 Edison Lakes Parkway, Suite 100 Mishawaka, IN 46545 D , 22 QCT 0; Filed in Clerk's Office AUG 2 ?On? DAWN M.JONES Ireland Road & Brookton Drive CITY CLERK, SOUTH BEND, IN Key Facts Will not continue to be Residential Property—See Tab B Supported by City's Gateway Commercial Corridor Plan—South Destination Commercial Section extends to BROOKTON DRIVE Supported by City's South Side Development Area Plan o Facilitates creation of development sites o Promotes projects that best MAXIMIZE ASSESSED VALUATION I Last undeveloped commercial property—See Tab C Ireland Road traffic— 16,630 vehicles per day o Subject property expects 15-20 per day, less than .1% increase No weekend hours; daily hours are: 7am to 6pm Approximately 10 new employee jobs - $70,000-$100,000 each I. I I I I Filed in Clerk's Office I AUG Z 2 ?02.? 5717 GRAPE ROAD DAWN M.JONES MISHAWAKA,INDIANA 46545 CITY CLERK,SOUTH BEND, IN TEL 574 277-7557 I jk-....6../S„. ......,, FAX 574 277-0437 jrfox.cam 1105 E. IRELAND ROAD I W_JEELERS BROADMOOR SHOPPINGG CENTER SOUTH BEND, INDIANA 46614 TEL 574 291-5700 FAX 574 291-7079 I DATE:August 15,2022 ITO: Angela Smith-Zoning Administrator South Bend City Plan Commission IFROM: David Szlanfucht Fox Real Estate,LLP The Szlanfucht Familyhas lived in this area for over 100 years.J.R.Fox Jewelers was started by the family and has been a popular and recognizable business in South Bend and Mishawaka for over 62 Iyears.The business today is owned and operated by the Szlanfucht Family. We have owned this lot for approximately 30 years.We have tried to sell the lot along with the II rental property for 15 years.We literally have had little or no interest in any residential development. We feel that this is a natural break from the residential neighborhood,a neighborhood where we have our business located down the street.We have always been a good neighbor supporting the south side Iof South Bend and will continue to do so. The property for rezoning has two lots.One is vacant,the other is a rental property.We strongly feel,especially by the lack of interest for residential development,that both lots must be sold together. I We are not interested in owning a long term rental property.When the time comes for the rental property to need any major repairs,taking into consideration taxes on a rental property,we will most Ilikely demolish the house. We took a very serious look at the buyer and buyer's proposal before we agreed to proceed with this.We believe this will be a very good asset for the neighbors and the area in general. IYour consideration and support will be greatly appreciated. I Sincerely, I 7e e y ' v/I''L; I David Szlanfucht,Owner J.R.Fox Jewelers I Ii' I I 1; I s s 6i/ A s s s - firs 11=111 s M M M s s MI= SEW Min c 12 a .a N j,f Gty_of_Sauth_Bend_Zonin¢Pubeca. yvalkNA 2. f Ap. 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DAWN M.JONES From: Rachel Bovle$ CITY CLERK. SOUTH BEND, IN To: Kate Bolze Subject: FW:Rezoning hearing for 4427 Brookton Dr&1335 Ireland Rd,South Bend,IN 46614 Date: Monday,August 15,2022 10:54:06 AM From: Kimberly Swaim <kimberly.swaim@att.net> Sent: Friday,August 12, 2022 5:09 PM To: Rachel Boyles<rboyles@southbendin.gov> Subject: Rezoning hearing for 4427 Brookton Dr& 1335 Ireland Rd, South Bend, IN 46614 The rezoning of 4427 Brookton Dr.South Bend,TN 46614& 1335 Ireland Rd.,South Bend,IN 46614 from SI Suburban Neighborhood 1 to C Commerical is not what our neighborhood needs or wants. This rezoning will cause more traffic through our neighborhood. There will be numerous deliveries on a regular basis to the Automobile Repair Shop,and with the ongoing catalytic converter thefts that go on,this will bring more crime to a residential neighborhood. Our neighborhood has many residents that walk,walk their dogs,and walk with strollers and their children. The Auto Repair Shop with bring in more traffic with vehicles coming in to be repaired,drop off and pickup of vehicles, and all the deliveries that will be needed. Some on a daily basis for parts needed to do the repairs could possibly cause a higher risk for accidents. There are many locations that are better suited for an Auto Repair Shop. Having to live next to the shop,or across the street to the shop will cause neighbors to lose their own parking. These two lots will not allow for much space for a shop,parking for the shop,and extra parking for people coming to pick up people dropping off and picking up their vehicles. Many little Auto Repair Shops have such an overflow of vehicles that they can't get to,those vehicles are just parked wherever they can find space on their lots. This would cause people to park in front of residential houses to wait to pick up people or drop them off to pick up vehicles. The noise and traffic will cause a disruption to local residents. We buy our houses in neighborhoods we want to live in. If this rezoning is approved,the residents by this Auto Repair Shop will have to deal with the noise and increased traffic that this shop will bring to the neighborhood. There is enough traffic on Ireland Rd.without bringing it into the residential neighborhood. A residential neighborhood is no place for a commercial business. Kimberly Swaim 1242 Catherwood Dr. South Bend,IN 46614 riled in Clerk's Office 5717 GRAPE ROAD Ui U Z 2 ?n?, MISHAWAKA, INDIANA 46545 TEL 574 277- 7557j.kfoo,04,, FAX 574 277-0437 DAWN M.JONES jrfox.com CITY CI FAK, SOUTH BEND,IN 1105 E. IRELAND ROAD BROADMOOR SHOPPING CENTER JEWELERS SOUTH BEND, INDIANA 46614 TEL 574 291-5700 FAX 574 291-7079 DATE:August 15,2022 TO: Angela Smith-Zoning Administrator South Bend City Plan Commission FROM: David Szlanfucht Fox Real Estate, LLP The Szlanfucht Family has lived in this area for over 100 years.J.R. Fox Jewelers was started by the family and has been a popular and recognizable business in South Bend and Mishawaka for over 62 years.The business today is owned and operated by the Szlanfucht Family. We have owned this lot for approximately 30 years.We have tried to sell the lot along with the rental property for 15 years.We literally have had little or no interest in any residential development. We feel that this is a natural break from the residential neighborhood,a neighborhood where we have our business located down the street.We have always been a good neighbor supporting the south side of South Bend and will continue to do so. The property for rezoning has two lots.One is vacant,the other is a rental property.We strongly feel,especially by the lack of interest for residential development,that both lots must be sold together. We are not interested in owning a long term rental property.When the time comes for the rental property to need any major repairs,taking into consideration taxes on a rental property,we will most likely demolish the house. We took a very serious look at the buyer and buyer's proposal before we agreed to proceed with this.We believe this will be a very good asset for the neighbors and the area in general. Your consideration and support will be greatly appreciated. Sincerely, 1 : 2-1. ':,/^-,rv-CA. 7. David Szlanfucht,Owner J.R. Fox Jewelers Filed in Clerk's Office AUG 702.7 From: Angela M.Smith To: Rachel Boyles;Kate Bolzt DAWN M. JUNES Subject: FW:Letter of Support-Ireland and Brookton Drive,South Bend CITY CLERK, SOUTH BEND, IN Date: Monday,August 15,2022 10:55:46 AM Attachments: Scan0315.adf Attached is a letter for the petition today. Rachel can help explain what we do with these. From:John Libertowski <johnlibertowski@bhhsni.com> Sent: Monday,August 15, 2022 10:07 AM To:Angela M. Smith <amsmith@southbendin.gov> Subject: Letter of Support- Ireland and Brookton Drive, South Bend Angela: Please find attached a letter of support for Michael Tatich's development at 1335 E. Ireland Rd and 4427 Brookton Drive in South Bend, IN from my client and current property owner Fox Real Estate. Thank You for your consideration. John Libertowski Commercial Broker/Advisor Berkshire Hathaway 1650 South Bend Ave.,Suite 100 South Bend, IN 46617 Cell) 574-315-5631 IMPORTANT NOTICE:Never trust wiring instructions sent via email.Cyber criminals are hacking email accounts and sending emails with fake wiring instructions.These emails are convincing and sophisticated.Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number.Never wire money without double-checking that the wiring instructions are correct. BILL NO. 41-22 (SUBSTITUTE) BILL NO. 134-21 PLAN Co City of South Bend J0 7k z PLAN COMMISSION F ABLISHE02'O' 11.16.21 Honorable Committee Chair Hamann 4th Floor, County -City Building South Bend, IN 46601 RE: 2701 Lincoln Way West PC#0078-21 Dear Committee Chair Hamann: County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 574) 235-7627 www.southbendin.gov/zoning Nov 6 C/7-y 15—A1 v Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Also included is the application submitted by the petitioner. Please include the attached Ordinance on the Council agenda for first reading at your November 22nd, 2021 Council meeting, and set it for public hearing at your January 13th, 2021 Council meeting. The petition is tentatively scheduled for public hearing at the December 20th, 2021 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Construction of a gas station, deli, and convenience store. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Daniel Brewer Planning Director Zoning Administrator Commission President COMMISSION Property Information 71-08-03-176-012.000-026; 71-08-03-176-013.000-026; 71-08-03-176-011.000-026; 71-08-03-176-010.000-026; Tax Key Number: 71-08-03-176-009.000-026 Address: 2701 LINCOLNWAY WEST, SOUTH BEND, IN 46628 Owner: Himmat Singh LLC, an Indiana limited liability company Legal Description: Lots Numbered One (1) through Four (4) as shown on the recorded Plat of Lincoln Terrace Addition to the City of South Bend, recorded in Plat Book 11, page 122 and corrected by Plat Book 13, page 82, together with the Southern 1/2 of the vacated alley lying North of and adjacent to said Lot Numbered Four (4), recorded in Miscellaneous Record 31, page 362, all in the Office of the Recorder of Saint Joseph County, Indiana. Project Summary To build a gas station, deli, & convenience store at the corner of Lincolnway W. and Kaley St.; a project that was previously allowed by right and permitted but delayed due to the Covid-19 pandemic. Subsequently, the city changed the site's zone from C to OF per the Westside Main St. Comp. Plan. Requested Action Application includes (check all that apply) R Rezoning Current District: U1 Urban Neighborhood 1 C Commercial Proposed District OF Urban Flex C Commercial The Plan Commission and Council will consider the following in the review of a rezoning petition. 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district, 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents H Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact• • Property owner(s) of the petition site: Name: Himmat Singh LLC, an Indiana limited liability company Address: 1119 N. Bendix Dr., South Bend, IN 46628 Attn: Sukhwinder Singh, Member Name: Address: Name: Address: Contact Person: Name: George C. Lepeniotis Address: 4101 Edison Lakes Parkway, Suite 100, Mishawaka, IN 46545 Phone Number: 574-277-1200 E-mail: glepeniotis@kdlegal.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: I 4A, ., , &, c; ii:: I f a ., w ..CC"- g fu js+4 @ ` gin pAl, pip "pie pp€ Icy3QpR. g L, F2 s%2 ii m NOV 6 CLbHK, SOU ( rt `iE D, IN A N WK E*.fET Y J ECUPSE PLACE 60' R!W Ra m w /UI OMY ik— S 133tl1S A3'MN . 8g Tp i-4 w 0ILI 0 2 4 R o u z fly) HO Q LT A d.09 30VId 3SdII03Ar so 11 ago ROD111:11=1 loo unalmou Oz L-) 1 .1 , — ZZ mc o Rig CL MH z 0 Ri RI wilij -,2q fl 11,11H 154 No BILL NO. 134-21 NOV ', 6 2i ORDINANCE NO. ,- l IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Construction of a gas station, deli, and convenience store. Petitioners desire to rezone the property from U1 URBAN NEIGHBORHOOD 1 DISTRICT TO C COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots Numbered One (1) through Four (4) as shown on the recorded Plat of Lincoln Terrace Addition to the City of South Bend, recorded in Plat Book 11, page 122 and corrected by Plat Book 13, page 82, together with the Southern % of the vacated alley lying North of and adjacent to said Lot Numbered Four (4), recorded in Miscellaneous Record 31, page 362, all in the Office of the Recorder of Saint Joseph County, Indiana. be and the same is herby established as C COMMERCIAL DISTRICT SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Karen White, Council President South Bend Common Council Attest: Dawn M. Jones, 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 , 2021, at o'clock . M. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2021, at o'clock James Mueller, Mayor City of South Bend, Indiana 2- BILL NO. 44-22 BILL NO. 45-22 BILL NO. 46-22 BILL NO. 47-22 BILL NO. 48-22 BILL NO. 49-22 s ;5OUTH 4'4;. 1316 COUNTY-CITY BUILDING PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 y DACE 1865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR Filed in CIr;l'„'s Office BOARD OF PUBLIC WORKS December 14,2021 SEP 9 DAWN M. JONES Mr. Christopher Boardman CITY CLERK, SOUTH BEND, IN 1015 Good Place South Bend, IN 46616 Irishcb222@,hotmail.com RE: Alley/Street Vacation— 1015 Good Place (Preliminary Review) Dear Mr. Boardman: At its December 14, 2021 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would make-access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted an unfavorable recommendation for the vacation of this alley. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance,and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name.If you have any questions about how the alley vacation will affect your property taxes,please contact the Auditor's Office. If you have any further questions, please call this office at(574)235-9251. Sincerely, s/Laura Henslev/Acling Clerk ELIZABETH A.MARADIK GARY A.GILOT JORDAN V.GATHERS JOSEPH R.MOLNAR MURRAY L.MILLER BILL NO. 52-22 u Filed in Clerk's Office 44.:.I U'a SEP 0 9 r' ko, moo r DAWN M.JONES 5 CITY CLERK,SOUTH BEND, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: November 22, 2021 TO: Zach Hurst, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (Ihensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS—ALLEY VACATION APPLICANT: Christopher Boardman LOCATION: 1015 Good Place PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church,school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS: Unfavorable—would hinder access COMMUNITY INVESTMENT: Unfavorable 1. The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would not hinder the public's access to a church, school or other public building or place. 4. The vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. FIRE: Favorable POLICE: Favorable Recommendation 0r W File in Cler'k's Office fy STREET/ALLEY VACATION APPLICATION SEP 0 9 ": r."- 2 •rrt -,, ripo)p ' City of South Bend - Board of Public Works J 227 W.Jefferson Boulevard,Ste. 1316 DE Viv r i.ilnEs CITY CLERK,SC ITH (SEND,IN South Bend, IN 46601 Date: 46j5)CDa i Phone#: 6/7 3'c -,da Name: W4/iii,h , A".: AJEmail: j3IIJ d?02 A6/7)-111111 C orl) Property Address: O J 5-6C06 cL , c00i ‘fiS*, iy 06 Applicant property information: 2rResidential Commercial . Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.ColfaxAve&E.LaSalle Ave): c- 6dt„,k.1,v oD-6 P 64-cL--1--- ALy ifze_. 0 4A-c&L-- -1-- vetc X'iL 56071 eve i ,. . t.i, y rr G i t Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes ll.No Does the existing alley provide garage access to other property owners? 0 Yes (g No Does the alley receive daily traffic excluding your own use? Yes ®No Would the vacation hinder public access to any of the following:a church, 0 Yes xj No school,or any other public building or place? Reason for street/alley vacation and proposed use,;_ f ri-//tom IS Nt1IU . Vs l/!U`/(hg S 1- Thj c AKL'_ To Arc 4,0 iA VI&/4- is A-cplt,1---o F eitL R ty 7t-S f u w 4- go c 4-Qs6,a,Q iti 6 dfrnc0Y1 (_ ve.,466 p-kry.A map MUST be provided highlighting the area you would like to vacate with this application. NIS ANNeA\ber`Nee-'n Q..\vec SineACk-Ove.Y q ket. Framed, e\oaplace -lo RV,, c+ OFFICE USE ONLY: €t W a`1") vatk wD`% -WV J ' ko $14\el Board Recommendation: Yes dNo CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS Elizabeth A.Maradik,President Jordan V.Gathers,Member v ate- nu,,.y 7)2.-14', Gary A.Gilot,Member Murray L.Miller,Member 01 dL.\,ila, ./11:1:5 Joseph R.Molnar,Member Attest: Clerk Date: December 14,2021 F;lc d P.17V9 ice S r11111Thl SEP 0 g '2:724n O 677\17471C-.37E. cn' .'`` Z.' r y CI_wAK, SOUTH BEND, IN 1865 OFFICE OF THE CITY CLERK DAWN M.JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 9-9-2022 To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s),petition you to vacate: 1. THE ALLEY DESCRIBED AS: Southeast half, 120 feet, of the alley extending between Good Place and Blyler Place roughly parallel to Riverside Drive in the City of South Bend area commonly known as the Keller Park 1111 ISIS 2. THE STREET DESCRIBED AS: Abutting Property Owner(s)Signatures: Name(print): 6Si atu Address Lot Number Christopher Boadman 1015 Good Place 48 1. David Loughlin 9 2017 Riverside Drive 49 2. 3. INTEGRITY' SERVICES ACCESSIBILITY L."tlmno Roucraej.PINTO GABRIEL N.MUREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DepurviDIRECroR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.92211f 574.235.9173 I www.southbendin.gov 184 L,qr p,&—Filed in. '".c3rk s Office BOULEVAR,a PAP J.t' r b1 SrQ/`o f7-, KENO, /4/.044/v.4SErO9f`- ICJo„ .49.5.0L J DAWN M.JONES CITY CLERK, SOUTH BEND, IN • mi.ESE? ayL. iI. i J do, L 7* .. , f.rn v I -F vv„ e ao e eEpi iVr 8 1 •I PAP Itf ilk 40.. a i P e e yeee Z 1 e e o reg e aC: 46 elt* Ittlitti‘riii,*... -A. i tt ijk:.. lza, e e10_7..A' 41111t0e,,,,,, A4110. . . Aill&„ p 4* 111k°7t,%- 04 ilLAIA. 1r# 1)( 16 "4IV. . s a b 1 e , c414714p gl.-I 1 :1. - Q ij . D e ei P1 AGE 6a' O- 7 , 9 /a /• /+ /3 n or lL .7 /L' /e 70 7, 7.1 l3 Se AJ- Ya 3, N T/ 3• ,n6 V I n o.,' tE i•r.grec sr-757w q 3- - e PLAT OF Ber/L ,PARKRK I me ohm/we qbt ns o/ve - of Eirolo ord Pert on odoiy,n to the e,3•of J.aA4 L,.vd, Iyd/ono one,eo/npnxs"-Ad/rock of fond d xr/aed er f//e ws.Ary/NN/.4,a the Sa/thoasf ew-nor oftAe n o1-Arresf fj of see 5.5:Twp 33'N-,f 2E. 74.oe..Nei-IA obi i-,4.ear,/,,. .c/Ac norlAN's?, ofso•d .Ec 3t•./,-,onceOf354ft,rhe soahk line',f Rival-side Driee, fAe Nee o reh sew,werto/.nj MAe sou/44wssyev j Ate of R'c'a,-r/da Or/re ods7bnre of 773a / once•on o 710•Wire to the egAt a/Ne'fhesgath evash/e f //No of Rlvers/da O,7re i./eon'ee ofJl7.Bi/,-' ,,,,,. reo/roY,yenY still,il-v,roe'.e-o ,,-h NW.Oar,Zy dnc y!,QlrersdeOtteod/s/Inre of/9406y eY thence en o 2°.30'/8"covet'to the/ef)' sr'///Sony'he s etAwestei,,s/line of R3Nera de O-ne•...,tone' ot/sf99feM7^to foe.4xntheosYerfrlineoftheArolleyeweof/NOed/own B/rd, thence soetA/es/erg•obny Me sevY4 .eler/fine of fhe,/k er.frof ti"oo/%wn 6/.d/ o4stoMr of/bs9SEIfern'/D/ftfae7er//a/• of-/ su/tA ease*Hy l, r + e/q ef'ojj fp/r/ d , t line ofTho I1 e-o ,easti-of 043T/or 8/ Thence-'3Nh 9/3rr9 I'ttheerst//se of the O//e car f'of Kers Iv Blr 4nc wP biA 7`'° /y r{ l,../ q, ..t4e.rorrA/in r of tsy e A rho wrsf 44-n7;dJee.3f ad.-4,N../s89•H at tb Me Ne ofetc. TAe Plot ers Iv/ ts /93/O a pour ,, .'t,yM /id 3p/vs/neThesixofrine/err end ,Ae w dr4 of in* s/ere a/s and e//ys,s/norvCed onthe pier'/trice Y end deo/,mo Is of * V. 77r,Sheets endoNys ore hero by.d,dxe%d to tnepeb/,e for!/s.es paac Rey/oyes ono Y N/ON 7,'gUST COMPANY © 1: 5 C a Jo,*.so, ...rr.Lo 7STATEOF /ND/ANO SS' Edyor 4.Kai . a..•v.4.7.lCOUNTYOF92.-esEPA PenoNo omoece d I./rore Neo a no/0,17 p/dbc/n one' —rand S/."w ee d eor.rr7}. C aaekton me r•...s.,.r ooze el/5,,,,-1,Ke/,y Seere r . Cry op'*he INNoN Timms t Cera nandoc•En.w/i.y d Me ex ee Neen of fAe le?p nN9 plot.yN'?AE7J ,r,, hand fed n,* -n/sea/Y/Tis do At./rb / 1 f' of Y8O my Coar.>./saon oat/no, 7/or/g/933 THELMA G,WP o,4/2 430LY'LY ENTERED FoR TAAAT/ON e4PO, R0yEla P14.-4.7r.rw.,.G 4+•-- 4Moon-/Sae r•Y.4/t067" Marg 1930 l'd/t M E Oarvn3?`arepl c/ /bona a/.,..0 s•.. a 1-'" 44'. p,F r 9 o a..T 5•/a 9iNJ. way COLE,ff e,L exo.wten-so UMWANK Droa, soar,,eawo•ian*'+a 1 r PO3NnTO Kai ER S I.,.. .... Atio...illi C %F.._75'-°-?) . , 1 400" -rf b T 10140AO Sz 7) Si 4 oma 1111; ,r o -- ro I Sig 9 d 400 o0 4440k111 t ot a. crk a gam' QA . Li S. 04‘ 430 4‹::::) 11 14110•.. ,..... s-c-4+ ib O I 40111000,11 iii* 44* 7 4° QL... 156: 4006 1011., : 44(k4ii ‘ 7 1141111111 I t- r-ii: Ak 4- 00. . ° f,. ibioo.. 5 q Illtii:1 d' 511: 11 : 1 :.. f51.- .• 440 41100o. 7'1' 1411111 litlib sa s a" 6 i/_ a 4c 6 SEP pg -` TO: City of South Bend, IN, St.Joseph County FROM: BOARDMAN, LOUGHLIN, LEWIS&LIU DAWN s JONFS DATE: July 9, 2022 CITY CLERK, SOUTH BEND, IN RE: Alley Ceding Please accept this memorandum of understanding and agreement between the homeowners listed below as the owners of homes adjacent to both sides of the southeast half of the alley extending between Blyler Place and Good Place roughly parallel to Riverside Drive in the City of South Bend area commonly known as the Keller Park Neighborhood.The terminus ends of the ceded alley would be at Good Place and ending at the current rear property line of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place. Please note Exhibit A. This proposal is intended to be permanently legally binding for the current and future homeowners of the four properties listed below. The objective and intent are to permanently close the above referenced alley and cede the alley to Christopher Boardman to become part of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place subject to the following conditions. The three alley adjacent property homeowners will have permanent easement right of way to use the alley to access their property as will all utility providers who will also have the right to install and maintain any utility poles, lines, pipes, etcetera in the ceded area as may be required. The alley's gravel-based service will,within two years of the date of this document, be replaced with pavement or concrete. The new pavement or concrete will be level with the current alley driveway on PARCEL NUMBER:71-03-35-180-004.000-026 commonly known as 2021 N. Riverside Drive and the new pavement or concrete will be sloped to drain toward Good Place. All building codes and setback requirements will be adhered to along the new property lines of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place. All cost associated with this matter will be the responsibility of Christopher Boardman. It is understood by all four property owners listed below that it is the intent of Christopher Boardman to build a garage at the rear of his property which may in part set on the referenced ceded alley property. All four parties listed below are in favor of the above outlined proposal for their common good and without any financial exchange. It should be noted that since the City of South Bend has ceased trash and yard waist pickup in the city's alleys and therefore this proposal would have no effect in the city's waste pickup, however would make it much easier for the four involved property owners to move their trash bins to the street for pickup. The city has also stopped maintaining this alley and again the proposed outlined change would greatly improve the appearance of the section of alley involved and the respective property values. The remaining properties adjacent to this alley system will not be impacted by through access to the rear of their properties as the northwest half of the alley extending between Blyler Place and Good Place would remain unchanged and open and intersect with the open alley at the rear of the homes on Good Place and Blyler Place. In fact,there is utility pole blocking any potential traffic from turning from the Blyler Place and Good Place alley to the alley requesting to be ceded. Again, please note Exhibit A as well as the attached photographs. This proposal is not unprecedented in the city nor in the Keller Park area as the alley two blocks north of the alley at issue,from Riverside Drive to Inglewood Place at the rear of the homes on Academy Place and Woodlawn Blvd has been abandoned by the City of South Bend and is impassable by vehicles. Page 1 of 2 19k,rs :tf? r-7 ,9.,f`+S Officei f i SEP U927. CHRISTOPHER BOARDMAN Dk\AN (v'.JONES 1015 GOOD PL CITY CLERK, SOUTH BEND, IN SOUTH BEND, IN 46616-1943 E 16 FT LOT 47&ALL OF LOT 48 Boulevard Park PARCEL NUMBER:71-03-35-180-015.000-026 DAVID M AND VICKIE L LOUGHLIN 2017 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 49 Lot 49 Boulevard Park Add PARCEL NUMBER:71-03-35-180-005.000-026 CALVIN&ELIZABETH LEWIS II1 „"L feXAR 2021 N RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 50 Replat of Boulevard Park Add PARCEL NUMBER:71-03-35-180-004.000-026 JIANBO LIU 1- 2025 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 51 Replat of Boulevard Park Add PARCEL NUMBER:71-03-35-180-003.000-026 Page 2 of 2 5.;',... axing D;s- rctei- , i i I q Z t ' a. c i=-7128413 o t c - >>a 0,, Li c_.) i CL ZY cci7-1 26413/ ` ' .Q W sj o I f.. k r' o L Uf1 •,, 7126413 e-i 712540 c.//'-~, N. c•I F 6 k` 712413ori. Y1 N;26413 rt. D 1\ N QJ V / k\ 726413' , V V r Or/ 91/ I\' 7 ' CL N Ir 2126.4,13 f •LII j /,/ t i 2'6429 0 / t C a) o17 1- 172'-6gs"2 ” oto moi' r 0 7126582} jH s 4., l 126413 t7 12134134niu 7 12641`3 c ns 120 -0 f 7126413 2 N c 7 ek _ ......5 t-•- Mai ws 1 Enable Google Translate davevicki@comcast.net From: davevicki@comcast.net Sent: Thursday,July 14, 2022 2:34 PM To: Laura Hensley'; 'Chris Boardman' Subject: RE:City of South Bend Board of Public Works Attachments: Boardman Alley Cede.docx;Alley Cede Memo Signatures.pdf; Exhibit A Alley.pdf;Alley Varance Cede Photo#1.pdf;Alley Varance Cede Photo#2.pdf Laura and Chris,attached are copies of the original documents that I will be hand delivering to you Laura this afternoon. Given the fullest endorsement of all four property owners for the vacation and ceding of the alley at issue to Christopher Boardman per the attached submitted memorandum and attachments and the continued unchanged traffic pattern in the alley system at the rear of the homes of Riverside Drive from Good Place to Blyler Place as well as the unchanged alley at the rear of the homes between Good Place and Blyler Place there should be no issues that the vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient, nor that the vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. On the behalf of the Keller Park Neighborhood neighbors with homes adjacent to the alley at issue,thank you for all of your efforts in this request and please contact me if I may provide any further assistance on Chris Boardman's behalf in his absence. Thanks, Dave David M. Loughlin 2017 Riverside Drive South Bend, IN 46616 574-234-6927 H 574-220-9536 C davevicki@comcast.net From: Laura Hensley<lhensley@southbendin.gov> Sent: Monday,July 11,2022 8:16 AM To:Chris Boardman<irishcb222@hotmail.com> Cc:davevicki@comcast.net Subject: RE:City of South Bend Board of Public Works Good morning,Chris, We are here Monday-Friday 8:00 a.m.to 4:30 p.m.You can drop it off or email if that is easier. Hope you're having a good Monday! Office From:Chris Boardman<irishcb222@hotmail.com> Sent: Monday,July 11, 2022 7:28 AM SEP c 9 To: Laura Hensley<lhenslev@southbendin.gov> W Cc:davevicki@comcast.net DAWN M—JONES Subject: Re: City of South Bend Board of Public Works CITY CLERK,SOUTH BEND,IN Good morning Laura, We had spoken in person back in April in your office regarding my alley vacation request and with the assistance of my neighbor Dave Loughlin (whom was present with me when we met you) we have collected the additional information per your direction. Since I do not live in South Bend full time, Dave has agreed to assist in delivering the paperwork. Please let us know when would be a good time to stop by with the paperwork and maybe answering a few more questions. I really appreciate all your help and if there is anything you need please do not hesitate to call me at 617-312-2211. Thank you, Chris Fi.'a4 r—n,.l,,i j Cffice From: Laura Hensley<Ihenslev(a southbendin.gov> Sent:Tuesday, December 14, 2021 12:48 PM SEP c g To: lrishcb222@hotmail.com<Irishcb222@hotmail.com> Subject:City of South Bend Board of Public Works P..... .__ L _. C;.. ,1. . SC BE ND, IN Hello, Attached you will find a letter and signed documents pertaining to the December 14, 2021, City of South Bend Board of Public Works Meeting. Please read the letter attached. **There may be extra documents attached to the file,this is for your records only.** Hope you have a wonderful day! s Laura Hensley Administrative Assistant i : Department of Public Works t .., ;i 574)235-5927 Ihenslev@southbendin.gov City of South Bend 227 W.Jefferson Blvd.,Ste.1316 South Bend,IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above.Any dissemination,distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway,waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming e-mails are not routinely screened for response deadlines,and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost,destroyed,arrive late or incomplete,or contain virus.Therefore,the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard-copy version. IMPORTANT NOTICE!This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above.Any dissemination, distribution,copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway,waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming e-mails are not routinely screened for response deadlines,and as such, please notify the sender separately by fax of any message 2 containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost,destroyed,arrive late or incomplete,or contain virus.Therefore,the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard-copy version. SE? C9 DAWN JONES CITY CLERK,SOUTH BEND,IN 3 01------., (-7- 7 p i„ _ if- 1:s----r--7.,----••;•-- M./ .. :7, AI--,....e..., ---) 4,-;,.....i.j.00 „,-....----------jev, i , A., CA' Alf) ck1:34 1.-4, /,', ' 1-••• : ---__ 1), t4. 42.•,... '14,i. 1 - 0.•1 44 , \ 4, , `57 1-rL i • --\-\r i I Ir 1 1 1- v/'4, 4,44,,1419w. -- j 00 7 , 3 v. 1 I 0 le 6\\'. • z• , 111 . k 0 _ t,..., p. 1 • A . 0),,1/41:0:'. ip 1t7-1 c° • 7 ,ir. INT-vv., - i '• .. ..4), c 127j. 0%.,, lj 1 . I II it if Lel 0, 01/: It1 i;• , , ..../,-„_ 00,. • 1/4., I 1,I i C UNI I: 1...%) C\ ct•' I 1-4x ''.if 7 4, 7-1-1,0 k CO I/ \ n\ ; 9 , At ---L.," e 4. ' . 4100 -' - L. 4 • c 1 c diCI3 1 1._ rt? . .4. , ' . I ' ity1C-71 '7;Z,,,- ' I 41:. , 1i 2.-2-T•I ti... V(u'l - , 1-1, % I I : 2 4,. ,.•Koo . L______ J \, t,:,„ :_, ko . co \ 1 I i\ t—L., ,. . 1-4. p!;.) \ 4 00 • 0: .. j , ...-/— 1••••) ii-.1 ‘, N 0\C:, V4 1 C -. -• t kfr#1 CC), , u ,. , 4 , ....; t___1. i. ' - I 71 '''' 1-A V / tl'it KJ CO f' . )/I L7 lc I 1 o: 1.ri e1)•1 '' s NJ A • NJ l.'7: ' CN \, i . /- I. , _ _..... . , \ / •C 00 i,,XI t„ri c tit" A ICJ CT X 44,-, 11 1 14-1 -4=k - \ •'' 1-.. ;:-..,) .. , , • , .( ., c* K .!' ...d" , .,.. , 1.: i -13.- .‘ t.. • r"----- k ,, rC -'.takZ /i. IC). ki4 -.4 lnl . 0-.. ii,....,-\. .,,,\, , ,, r, . 4 . . J. v. vLlT)•si tr., . , ‘ , r r I 1 I ,1/40 • brc).•,_• i c) v., \), 0,1 _ __,.., ,, m ) A )1. oc? cri ti '1 - r ii 7-- i N P`—' t 14. 11- 4''d-- 1--k. / 1//'4%IP : Aft 7 t/ , /-x, driv 1- yieLlt, t h.T u 14 * i , ,,,, .a. AP %,..,..... , - 7,,-' i, w ,_. 1:,,,, 1: 4:. , V .:._...,:..,...7.7 .., .......;:. ... . 4"...-.. . rin M___, - ,'itc,.,1..:• 4f.:7,4! - • I.:•,%.:,.... '--' , :is,,. . . j .,T . . .:.4.. r , : 41 fl I 1 C 4 wl rs X04.,4. It 09/0e1/2022 i 1 Looking northwest from Good Place to alley at issue and Blyler Place in background. 1015 Good Place on left in photo and 2017 Riverside Drive on right in the photo. rte., + , 1, M i 1 1 I \1 I 1YAi M t 1 / t.,:f.), It ktflitilWCi• 7 .-. `I. : •* i1 y' t /, I 1.74 ''' tit n, 1 Z 4.y.`. •y .1 tom' y•- i •„7s.` 1,•.,46..:..; 4. r . ' 3% 2 7,J. i:. 1 Y •,?.- . Ife 09/08/'2022 1„. 4 0, . • s, - .. 1 rd. is rl{. :' Y"''':-'4'.'. 1.114m Looking northwest from the alley at issue with the end of the vacation/ceding to stop at the end of the chain-link fence at the rear of 1015 Good Place on the left in the photo and 2025 Riverside Drive on the right in the photo. Note the utility pole in the alley easement preventing turns in alleyway from or onto the section of alley requested to be vacated. i'l l.' !v., /• `[ „r,J'fiY_ 4v} ,fir•' '' F. i.,,,, Si, . ,.. i ',. , ,i,„ .,,..'!,, - ..' b. ,..... 4.._.. ,. e i e.,,,;., ii. q.....A.,_. ... r IMS J Y. ' it i fir. G s f ri', ' - a. v „;„}".e.,,. Looking southeast in alley at issue toward Good Place with 1015 Good Place on right in photo behind utility pole in alley easemeit. Note right turn traffic pattern to alley behind homes on Good Place and Blyler Place which would remain open if alley at were closed. Iy L 'l' 1. . •..le; y ` , icy ` Y :;A II tip -Ali.4 ` .' " 37' ASi'w' 4 ' ' 4Y 4 I" , 1' 1 ,.4,.'-V.' fb 1 k t L" i 6, Air r ` . Z_ XML 7, i' ` s d it ' } V `i S .- .•--,_: . w f.ma C' C LI CO C'' i J` ji t i rn.+f'/. Yr" . yo qtr F j 1 4.?-, JJaf 1. y I:t ` /"Sr) J.: 1 ,8i,rc Looking south in alley at issue toward 1015 Good Place and utility pole in alley easement preventing tures in alleyway from or pito the section of alley at issue. MARGO B LOVEING JIANBO LIU 2005 RIVERSIDE DR LAND TRUST 1015 Culver PI 2025 Riverside Dr 1151/2 N Main St South Bend IN 46616 South Bend IN 46616 South Bend IN 46601 _ 7022 0410 0001 3219 3117 7022 0410 0001 3219 3049 7022 0410 0001 3219 3025 JANET MORRIS DAVID M AND VICKIE L LOUGHLIN DAVID A VANWANZEELE 1126 Blyler PI 2017 Riverside Dr 116 Mansfield C South Bend IN 46616 South Bend IN 46616 Boca Raton FL 33434 _ 7022 0410 0001 3219 3124 7022 0410 0001 3219 3056 7022 0410 0001 3219 3018 JENNIFER TOMAINO VINCE J BARLETTO CALVIN &ELIZABETH LEWIS 6131 Fairway Ave 1019 Culver Place 2021 N Riverside Dr Dallas TX 75227 South Bend IN 46616 South Bend IN 46616 7022 0410 0001 3219 2592 7022 0410 0001 3219 3063 7022 0410 0001 3219 3001 KIM CARTAINO& RYAN JTWROS AUSTIN &SARAH LOVEING RONALD E ALT 39 Ilex Dr 1023 Culver PI 1114 Blyler Place Newbury Park CA 91320 South Bend IN 46616 South Bend IN 46616 _ 7022 0410 0001 3219 2608 7022 0410 0001 3219 3070 7022 0410 0001 3219 2646 MARK MAKOWSKI DEBRA S SPETH DAVID M GILBERT& MEAGAN E DRONE PO Box 11262 222 E Walter St 2029 Riverside Dr South Bend IN 46634 South Bend IN 46614 South Bend IN 46616 7022 0410 0001 3219 2547 7022 0410 0001 3219 3087 , 7022 0410 0001 3219 2998 RUSSELL R MICINSKI BRYAN E EVER STACIE PRIEBE 1130 Blyler Place 2001 Riverside Dr 2033 Riverside Dr South Bend IN 46616 South Bend IN 46616 South Bend IN 46616 7022 0410 0001 3219 2554 7022 0410 0001 3219 3094 7022 0410 0001 3219 2981 CHRISTOPHER BOARDMAN TROPIC LIFE INVESTMENTS LLC 1015 Good PI 1727 Elsie St South Bend IN 46616 Green Cove Springs FL 32043 7022 0410 0001 3219 2561 7022 0410 0001 3219 3032 r'ffice, SEP 0 9L CITY CL.LHN,SOUTH BEND, IN Till Filed in Clerk's Office U dM1 W \ luiil' a SEP' L L 20241,‘1 f`EAC 1 gib 1,DAWN M.JONES 1865 CITY CLERK, SOUTH BEND,IN OFFICE OF THE CITY CLE ' DAWN M.JONES, CITY CLERK September 20, 2022 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Proposed 2023 City Clerk Staff Non-Bargaining Salary Ordinance Dear Council Members, Attached is an ordinance setting the maximum salary and wages of deputies and non-bargaining employees of the City Clerk's Office for the 2023 calendar year. I will present this bill to the Common Council at the appropriate committee and council meeting. It is requested that this bill be filed for 1St reading on September 26, 2022 with 2nd reading, public hearing, and 3rd reading scheduled for October 10, 2022. Please don't hesitate to let me know if you have any questions or require further information. Thank you for your consideration. Respectfully, 6.,aZ 7/..,. CityJones, Clerk Office of the City Clerk Attachment CC: Office of the City Clerk INTEGRITY' SERVICE' ACCESSIBILITY BIANCA I..TIRADO RACHAEL E.COATIS GABRIEL MUREI CHIEF DEPUTY/CHIEF OF STAFF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend.Indiana 46601 I p 574. 235.9221 I f 574.235.9173 I www.southbendin.gov BILL NO. 53-22 F;1, , •5 Office BILL NO. 53-22 SEP 1'C 2022 ORDINANCE NO. DAWN M.JONES CITY CLERK SOUTH ; ND IN AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGE i = i NON-BARGAINING EMPLOYEES APPOINTED BY THE CITY CLERK OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2023 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code§ 36-4-7-3(d),this Ordinance sets forth the maximum compensation to be paid to deputies and non-bargaining personnel appointed by the City Clerk of the City of South Bend for the calendar year 2023. This Ordinance establishes such compensation for all non-bargaining employees by specific position and title.The budgeted or actual compensation paid to a City employee in each position may be less than the maximum amounts set forth herein but may not exceed those amounts. 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 deputies and non-bargaining personnel appointed by the City Clerk of the City of South Bend are hereby established as set forth in the attachment, which is incorporated herein by reference. As City employees,these personnel are paid on a bi-weekly basis. Amounts by alphabetical position are set forth, as well as the maximum compensation for each position. Section IL 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 2023. 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 effective January 1,2020. 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 lx annual salary rounded up to the nearest $1,000 for each benefit eligible employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. 5) Benefit Waiting Period. The City notes that life insurance and comprehensive major Medical Insurance programs require a minimum eligibility period of thirty (30) days; and that the long-term disability program requires a minimum ninety(90)day eligibility period which must be met. f) Hiring Bonus.The City Clerk,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) Early Retirement Incentives. The City Clerk 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 City Clerk 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 City Clerk 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) 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 City Clerk 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 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2022, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana TN A, City of South Bendmod. M4CE - Common Council 441 County -City Building • 227 W. Jefferson Blvdsv 18G5 South Bend, Indiana 46601 Sharon L. McBride President Sheila Niezgodski Vice -President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K. Hamann At Large September 20, 2022 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov Hied in Clerk's Office q E 1 r ?0Zf Re: 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 2023 Dear Council Members: I am attaching the proposed Common Council Salary Ordinance for filing. As you know, this ordinance is a part of the City budget which must be approved before November 1, 2022. In order to comply with the necessary three readings and public hearing, I ask that this be scheduled for first reading on September 26, 2022 and assigned to the Personnel and Finance Committee for second reading, followed by third reading and public hearing at the full Council meeting on October 10, 2022. Thank you for your consideration. Sincerely yours, sk km"/.r1 J. Sharon McBride, President, South Bend Common Council BILL NO. 54-22 BILL NO. 54-22 ORDINANCE NO. Filed in Clerk's Office SEP 2 0 ?0K DAWN M. JONES CITY CLERK. SOUTH SEND, 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 2023 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 each member of the nine -member South Bend Common Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for each member of the Common Council of the City of South Bend in calendar year 2023 shall be and hereby is established as follows: 2022 2023 20,699 $21,320 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. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2022, at o'clock . In. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock James Mueller, Mayor City of South Bend, Indiana o UT'- City of South Bend PEACE Common Council 441 County -City Building 227 W. Jefferson Blvd 1865 J South Bend, Indiana 46601 Karen L. White President Sharon L. McBride Vice -President Sheila Niezgodski Chairperson, Committee of the Whole Canneth Lee First District September 20, 2022 South Bend Common Council 4t' Floor, County -City Building South Bend, IN 46601 574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov Piled in CE?rk', ®yic SEP 2 0 ?0 4 BAR hA, i4NF5Cis ,' CLERK,. ` f_ UIT. Re: 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 YEAR 2023 AND 2024 Henry Davis, Jr. Dear Council Members: Second District Sharon L. McBride I am attaching the proposed Firefighter Salary Ordinance for filing. This ordinance is Third District nearly identical to the ordinance for 2023 and 2024. The only difference from 2022 is the addition of a salary classification for Lieutenant, a position not in existence last Troy Warner year, although included in the contract negotiations. In order to comply with the Fourth District necessary three readings and public hearing before the statutory deadline for adopting Eli Wax a budget, the proposed ordinance should be filed for first reading at our September Fifth District 26, 2022, meeting. Sheila Niezgodski I ask that this bill be scheduled for first reading on September 26, 2022 and assigned Sixth District to the Personnel and Finance Committee for second reading, followed by third reading Karen L. White and public hearing at the full Council meeting on October 10, 2022. At Large Thank you for your consideration. Rachel Tomas Morgan At Large Sincerely yours, Lori K. Hamann At Large SAAA*,,_ T CL Sharon McBride, President, South Bend Common Council BILL NO. 55-22 BILL NO. 55-22 ORDINANCE NO. Filied in C crf. s Office n DAW `N s,w, - IO N 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 YEAR 2023 AND 2024 STATEMENT OF PURPOSE AND INTENT In 2021, the South Bend Common Council, pursuant to Indiana Code § 36-8-3-3 (d), established the annual compensation and monetary fringe benefits of the South Bend Fire Department via Ordinance Number 10820-21, passed on October 25, 2021 and subsequently amended by Ordinance Number 10831-21, passed on December 13, 2021. These ordinances followed successful negotiation of a collective bargaining agreement with members of the South Bend Firefighter's Association Local No. 362 for the three calendar years beginning January 1, 2022 and ending December 31, 2024. This ordinance reaffirms for the 2023 calendar year the negotiated items which fix the annual pay and salaries of the sworn members of the South Bend Fire Department; including salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12; and other monetary fringe benefits. It makes one change to the terms of Ordinance Number 10831-21: it adds a rank of Lieutenant for 2023 and 2024 at the same wage level as Captain. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 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 other monetary items which are addressed in this ordinance, excepting the Fire Chief, the Assistant Fire Chiefs, and the Battalion Chiefs, who are governed by Indiana Code §.36-8-1-12. Section II. Annual Maximum Salaries. a) Definitions: For purposes of this ordinance, "Salary Classifications" mean Categories for salary and annual pay purposes only. "Rank" does not mean salary classification. b) Annual Pay for Sworn Members of the South Bend Fire Department: Maximum annual pays for the sworn members of the South Bend Fire Department, including upper level policy making positions defined by Indiana Code§ 36-8-1-12 for calendar years 2022, 2023, and 2024 shall be set as follows: Salary Classification 2022 2023 2024 Fire Chief 109,945 112,694 115,229 Assistant Chief 92,499 94,811 96,945 Battalion Chief 79,827 81,823 83,664 Captain 68,817 70,538 72,125 Lieutenant N/A 70,538 72,125 Inspector Non -Rank 68,817 70,538 72,125 Investigator Non -Rank 68,817 70,538 72,125 Instructor Non -Rank 68,817 70,538 72,125 Paramedic Lt Non -Rank 64,946 66,570 68,068 Pump Engineer on -Rank 64,737 66,356 67,849 Firefighter I' Class 63,658 65,249 66,717 Firefighter 2nd Class 56,523 57,937 59,240 Firefighter 3rd Class 46,754 47,923 49,001 1. Fire Recruit Civilian 45,805 46,950 48,006 Section III. Additional Areas of Compensation. a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the Maximum amounts permitted in each calendar year addressed. b) City of South Bend Residency Incentives. Qualifying sworn members and upper level policy making positions of the South Bend Fire Department, who establish and maintain legal residence within any neighborhood within the City of South Bend city limits and reside on a continuous permanent basis within the South Bend city limits, and comply with the governing regulations for such compliance shall be entitled to the following bonuses: 2022: $2,500 maximum payable on or before December 15, 2022 2023: $2,500 maximum payable on or before December 15, 2023 2024: $2,500 maximum payable on or before December 15, 2024 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 and seat pay 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 2022 2023 2024 Field Training Officer (FTO) 850 850 850 Lead Paramedic Incentive 2,500 2,500 2,500 Emergency Medical Responder 250 250 250 EMT - Basic 350 350 350 EMT — Adv. 900 900 900 EMT -Paramedic 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 2022 2023 2024 Hazardous Materials Team Response Team Member 1,200 1,200 1,200 Team Leader 400 400 400 Swift Water Rescue Team Scuba Diver 1,200 1,200 1,200 Specialist 1,200 1,200 1,200 Technician 500 500 500 Team Leader 400 400 400 Tactical Rescue Team Res onse Team Member 1,200 1,200 1,200 Team Leader 400 400 400 Honor Guard Team Leader 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: 2022 2023 2024 Limited English Proficiency LEP $ 800 $ 800 800 d) Payment of Specialty Pays/Seat Pays: Unless indicated otherwise, specialty pays and seat pays shall be paid on a bi-weekly basis. Section V. Recall of Duty Pay and Emerp-ency Duty Pay. a) In the event that a sworn member of the South Bend Fire Department is recalled for duty, and he or she reports for duty, he or she shall be paid at the rate of one and one-half (1 1/z) times the sworn member's hourly rate of pay and shall be guaranteed a minimum of two (2) hours of work with pay. Any additional fraction of an hour over thirty (30) minutes shall constitute one (1) hour for purposes of this paragraph. b) A sworn member of the South bend Fire Department who works emergency duty shall be paid at the rate of one and one-half (1 1/2) time the sworn member's hourly rate and shall be guaranteed a minimum of four (4) hours of work or pay. c) In the event that a sworn member of the South Bend Fire Department is called to work emergency duty for extra -alarm fires or disasters, seniority provisions will not apply. Recall will be in accordance with procedures outlined in the official orders governing the dispatching of South Bend Fire Department units for extra -alarm fire or disasters. In any emergency where personnel with specialized skills are needed, seniority or procedural terms described in a Collective Bargaining Agreement governing extra -duty or recall are not applicable. The Fire Chief or his or her authorized designee may specify which off -duty personnel with specialized skills, including but not limited to sworn members of the South Bend Fire Department's Hazardous Materials Response Team, Swift Water Rescue Team, Tactical Rescue Team, or with needed medical specialties. Section VI. Working Out of Classification Pay. If a sworn member of the South Bend Fire Department is temporarily assigned as a Battalion Chief, Captain, Paramedic or Pump Engineer, that sworn member shall be paid while so performing such duties at the rate of pay for that position, provided that the duty assignment is for a minimum of four (4) consecutive hours as verified by a Working Out of Classification form, as verified by the officer of the rig or the Battalion Chief. Section VII. Longevity Pay. a) The Common Council hereby continues a longevity program for qualifying sworn members of the South Bend Fire Department. b) Qualifying sworn members of the South Bend Fire Department holding the rank of First Class Firefighter and above, who are employed by the South Bend Fire Department shall receive additional compensation in recognition of the cumulative years of service on the South Bend Fire Department. Such longevity pay shall be paid in a lump sum in the last payroll period in each of the 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 of Service on SBFD- Longevity Pay 2022 2023 2024 6-10 Years of Service 300 300 300 11-15 Years of Service 600 600 600 16-20 Years of Service 1,900 1,900 1,900 21-25 Years of Service 3,400 3,400 3,400 26+ Years of Service 6,500 7,250 8,300 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 2022 2023 7= 2024 1-2 Years of Service 550 550 1 $ 550 2-5 Years of Service 1,200 1,200 1,200 5-10 Years of Service 1,800 1,800 1,800 10+ Years of Service 2,400 2,400 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 2022 2023 2024 1 2,850 2,850 2,850 2 1,250 1,250 1,250 3 1,250 1250 1,250 4 1,250 1,250 1,250 5 850 850 850 6 1,250 1,250 1,250 7 1,250 1,250- 1,250 8 850 850 850 9 850 850 850 10 1 $1,250 1 $1,250 I $1,250 11 1 $1,250 1 $1,250 T $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 3 1 " of each calendar year. M3 2M 202-4 Q8thiFkg'U:Ri_fA_R:_R 1 1. 1. .rbeinfbur4.1-3-AWtvaiiee shall paid (4) equal payments eii or shall be . Fated to the date of tb.-.,-.ination 0Fe.Y,.,105..,. elb) C-19thi.,W a ni f Fm All.,,..anee 17 _______ _t__71 ___a F__ .__' 3_...'._._. i:..'.. _71_ C'._i _.__ _C _ .. .1 _ ._ _ . .. '.l. .1. ri . Section IX. Other Monetary Benefits. a) Safety Officers. The regularly assigned Safety Officers shall receive, in addition to his or her base salary, the sum of four thousand five hundred ($4,500) in calendar years 2022, 2023 and 2024. b) 8-Hour Incentive Pay. An 8-hour Incentive Pay shall continue to be paid to those individuals regularly assigned to work a forty (40) hour workweek [not to include temporary duty assignments (TDY)]. The sum of $1,154 shall be paid to such qualifying individuals in the following calendar years: 2022, 2023 and 2024. c) Inspector/Instructor Pay. Those First -Class Firefighters who are qualified and regularly assigned [not to include temporary duty assignments (TDY)] as an Inspector/Instructor, shall be provided with duty shirts and a badge, and shall be paid at the non -rank specialty pay as an Inspector or Instructor. d) Shift Instructor Pay. Shift Instructors who are qualified and selected to teach on -duty in- house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR, and other authorized department instruction, shall be paid at the rate of fifteen dollars ($15.00) per hour up to a maximum of $500 per year, with any teaching thereafter requiring the approval of the Fire Chief, or his or her designee. (Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph). e) Luther J. Taylor, Sr. Fire Safety Training Center 8-Hour Instructor Pay. An 8-hour Instructor Pay shall be paid to the individual regularly assigned to work a forty (40) hour workweek not to include temporary duty assignments (TOY)] at the Luther J. Taylor, Sr. Fire Safety Training Center. The sum of three thousand dollars ($3,000) shall be paid per year in 2022, 2023 and 2024 to the qualifying individual who is regularly assigned to work in this capacity each of those years. f) Pay for Other Instructors. Other instructors who are qualified and selected to teach specified on -duty in-house instruction programs for rookie schools, driving, confined space rescue, 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 of the State Board of Accounts. 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 of the 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 at the rate of fifteen dollars ($15.00) per hour up to a maximum of one thousand dollars ($1,000) in any one calendar year. h) Critical Duty Day Stipends. In 2022, 2023, and 2024, 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) 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 his or her annual base salary, a maximum sum of three thousand dollars ($3,000) each year that he/she serves in that capacity in 2022, 2023, and 2024. m)Post-Employment Health Plan. The City of South Bend shall establish a Post -Employment Health Plan (PEHP) for retired firefighters. This PEHP is a Voluntary Employee Beneficiary! Association (VEBA) governed by section 501(c)(9) of the Internal Revenue Code. Subject to any laws, rules, or external regulations govemin suchuch plans. the City of South Bend shall make an annual contribution of one hundred and twenty dollars (_S 120) for each sworn member in the calendar years 2022. 2023, and 2024. Section X1. Education Tuition Reimbursement Program. a) The South Bend Common Council agrees to continue the Education Tuition Reimbursement Program which originally began on January 1, 2005, for calendar years 2022, 2023, and 2024. Qualifying sworn members of the South Bend Fire Department participating in the education Tuition Reimbursement Program shall be entitled to the following maximum dollar amounts for course tuition and other expenses related thereto: I Course Grade Earned I Maximum Amount to be Reimbursed by the Citv I A 100% of tuition costs and other expenses directly related to said costs up to a maximum of $1,250 B 100% of tuition costs and other expenses directly related to said costs uD to a maximum of S900 b) Education tuition reimbursement shall be on a "first come, first serve basis", subject to the maximum dollar amount budgeted by the South Bend Common Council for said program in each of the calendar years 2022, 2023, and 2024. All Fire Department regulations governing such program must be complied with by qualifying sworn members of the South Bend Fire Department in order for an individual to be eligible to be paid under this program. Section XI1E. Severabilio% If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section XIII. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2022, at o'clock . M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Karen L. White President Sharon L. McBride Vice -President Sheila Niezgodski Chairperson, Committee of the Whole Canneth Lee First District City of South Bend Common Council 441 County -City Building * 227 W. Jefferson Blvd South Bend, Indiana 46601 j September 20, 2022 South Bend Common Council 41h Floor, County -City Building South Bend, IN 46601 574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov r L! >> . t 1. 02 C , Ci fir. ti:', T, . :M7 .. Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITYOF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2023, 2024, AND 2025 Henry Davis, Jr. Dear Council Members: Second District Sharon L. McBride I am attaching the proposed monetary and fringe benefits and Salary Ordinance for Third District sworn members of the South Bend Police Department for filing. You will notice several blank spaces in the ordinance. That is because negotiations with the FOP Troy Warner Lodge No. 36 are ongoing. However, in order to comply with the necessary three Fourth District readings and public hearing before the statutory deadline for adopting a budget, the proposed ordinance should be filed for first reading at our September 26, 2022, Eli Wax meeting. A substitute bill will be submitted before second and third readings andFifthDistrict public hearing on October 10, 2022. Sheila Niezgodski Sixth District I ask that this bill be scheduled for first reading on September 26, 2022 and assigned to the Personnel and Finance Committee for second reading, followed by third reading At Largee Karen White and public hearing at the full Council meeting on October 10, 2022. Rachel Tomas Morgan Thank you for your consideration. At Large Lori K. Hamann Sincerely yours, At Large Sharon McBride, President, South Bend Common Council BILL NO. 56-22 BILL NO. 56-22 ORDINANCE NO. sled in Clerk's office i SAP 2 0 2Q2i 5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2023, 2024, AND 2025 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3(d) is charged with establishing, before November 1st, the annual compensation and monetary fringe benefits of the South Bend Police Department. The City of South Bend is negotiating a collective bargaining agreement with members of the Fraternal Order of Police Lodge 36. This ordinance sets forth the negotiated items which fix the annual pay and salaries of the sworn members of the South Bend Police Department as defined in Indiana Code § 36-8-1-9; salaries of the First Class Patrolman as defined in Indiana Code § 36-8-1-11; salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12; and other monetary fringe benefits. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for the sworn members of the South Bend Police Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Police Chief, the Division Chiefs, and the Captains, who are governed by Indiana Code § 36-8-1-12. Section H. Sworn Member Annual Pay Classifications; Recruit Pay; Lateral Entry, and Career Development Incentive Programs. a) Annual Pay Classifications for Sworn_ _Members of the South Bend Police Department. Annual pay for the sworn members of the South Bend Police Department, including upper level policy making positions defined by Indiana Code § 36-8-1-12 for calendar years 2023, 2024, and 2025 shall be set as follows: Pay Classification 2023 Police Chief Division Chiefs Captains Lieutenants Supervisory Sergeants Investigators Patrolman First Class Patrolman Second Class 2024 2025 b) Police Recruit Annual Pay. A Recruit of the South Bend Police Department shall be classified separately from sworn members of the Department. A Recruit shall complete the State of Indiana training program or its equivalent and commence duties as an officer before being sworn in as an officer of the South Bend Police Department. Upon the effective sworn date, a Recruit shall be paid as a Patrolman 2nd Class. The maximum annual pays of a Police Department Recruit shall be as follows: Pay Classification 2023 2024 2025 Police Recruit c) Lateral Entry Program. The Common Council authorizes the South Bend Police Department to offer between dollars ($ to dollars ($ ) as a one-time bonus to any individual found to be eligible and qualified to be a candidate on the Department, who has the requisite law enforcement experience and certification(s) for such a lateral entry into the South Bend Police Department. Any sworn member who received monies pursuant to this Lateral Entry Program and who leaves employment from the South Bend Police Department before his/her one (1) year anniversary with the Department, shall be required to pay back to the South Bend Police Department any and all lateral bonus monies received. A lateral entry officer with two (2) years or less of service as a certified officer shall enter the South Bend Police Department as a Patrolman Second Class. Upon completing Field Training Program (FTO), such lateral officer shall be eligible for promotion to Patrolman First Class. d) Police Officer Recruitment Bonus Program. The Police Officer Recruitment Bonus Program which originally became effective January 1, 2015, shall continue in full, force and effect. Any sworn member of the South Bend Police Department, who assists in the recruitment and hiring of any full-time new sworn police officer, may be eligible upon Department verification of each of the stages listed below: 1. Upon an individual, who has been recruited by a South Bend Police Department sworn member, graduating from the Indiana Law Enforcement Academy, the sum of dollars ($ shall be earmarked for payment for that sworn member of the South Bend Police Department who assisted in the recruitment. 2. Upon that individual then successfully completing the Field Training Program (FTO), the sum of dollars ($ shall be earmarked for that sworn member of the South Bend Police Department who assisted in the recruitment. 3. For the sworn member of the South Bend Police Department to be eligible to receive the bonuses described above, the candidate who recruited the candidate must have successfully completed the specified phase of the hiring process and be hired by the South Bend Police Department as a full- time sworn member. Any sworn member of the South Bend Police Department desiring to participate in the Police Officer Recruitment Bonus Program shall be required to timely complete all required forms with the Department, and upon verification of his/her recruited candidate successfully meeting the hiring standards, processing for payment of the recruitment bonus shall commence. All Police Department regulations governing this program must be complied with by the sworn member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. a) Lateral Police Officer Recruitment Incentive Program. The South Bend Police Department Lateral Police Officer Recruitment Incentive Program which originally became effective January 1, 2015, shall continue in full, force and effect. Any sworn member of the South Bend Police Department, who verifiably assists in the recruitment and hiring of any new full-time lateral sworn police office is eligible for a one-time bonus payment of dollars ($ Said bonus shall only be processed for payment upon the following conditions being met: 1. The lateral police officer candidate successfully completed a Law Enforcement Training Board -certified 40-hour Pre -Basic Course, and is hired as a full-time sworn member of the South Bend Police Department; 2. Verification of the sworn member's recruitment activities and his/her timely completion of all required forms with the South Bend Police Department; The sworn member, who recruited the lateral police officer candidate, completed the annual mandatory training program addressing domestic violence, use of force training, fire arms training and emergency vehicle operations training; and 4. All Police Department regulations governing this program must have been complied with by the sworn member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. b) Police Officer Education Incentive Pragratn. The South Bend Police Department Education Incentive Program which originally became effective January 1, 2015, shall continue in full, force and effect. In order to be eligible under this program, a person must be classified as a full-time South Bend Police Department sworn member, must have successfully completed at least one (1) year of full-time service on the South Bend Police Department, and must have completed the annual mandatory training program addressing domestic violence, use of force, fire arms training, emergency vehicle operations training; and provided all of the documentation which verify the completion of the following degrees/hours: Degree Associate Degree or 60 credit hours Bachelors Degree (BSBA) Masters Degree or higher (JD, PhD, etc.) 2023 2024 2025 Written proof from the educational institution certifying the completion of such degree and/or hours, along with compliance with all Police Department regulations governing this program by the sworn member of the South Bend Police Department is required in order for him/her to be eligible to be paid under this program. Qualifying sworn members shall be paid at the highest degree only, with such payment being made in December of each calendar year. c) Former U.S. Military! Recruitment and Retention Incentive Programs.' The South Bend Police Department Former U.S. Military Recruitment and Retention Incentive Programs which originally because effective January 1, 2015, shall continue in full, force and effect. The International Association of Chiefs of Police (IACP) in partnership with the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA), has published a guidebook for service members who are transitioning out of the military and are considering a law enforcement career. That publication entitled Combat Veterans & Law Enforcement: A One -Time Military Recruitment Bonus: In order to be eligible for a one-time military recruitment bonus, which may be offered to any individual found to be eligible and qualified, who has prior active duty service with the Armed Services and received an Honorable Discharge from a branch of the U.S. military and desires to join the South Bend Police Department as a full-time sworn member after January 1, 2015, said individual would be eligible to one (1) of the following bonus incentive payment amounts upon graduating from the Indiana Law Enforcement Academy: Service Length 2023 2024 2025 Two (2) years of past U.S. military active duty service Four (4) years of past U.S. military active duty service Six (6) or more years of past U.S. military active duty service Such one-time bonus incentive payment shall be paid at the highest year of U.S. military active duty service experience only, upon proof of such service and tenure being substantiated and verified utilizing the submission by the person requesting the bonus of the Report of Separation, DD-214 issued by the Defense Department. Any person, who received such a bonus incentive payment and who leaves his/her employment with the South Bend Police Department before his/her one (1) year anniversary with the Department, shall be required to pay back to the South Bend Police Department any and all bonus monies received under this program. 2. Police Officer Recruitment Bonus Program for Recruiting Former U.S. Military Service Member. Any sworn member of the South Bend Police Department employed with the Department, who verifiably assists in the recruitment and hiring of any new full-time sworn police officer who is a former U.S. military service member is eligible for a one-time bonus payment of dollars ($}. Said bonus would only be processed for payment upon the following conditions being met: i. The former U.S. military service member who is a police officer candidate successfully completed a Law Enforcement Training Board -certified 40-hour Pre - Basic Course, and is hired as a full-time sworn member of the South Bend Police Department; ii. Verification of the sworn member's recruitment activities and his/her timely completion of all required forms with the South Bend Police Department; iii. The sworn member who recruited the former U.S. military service member who is a police officer candidate completed the annual mandatory training program addressing domestic violence, use of force training, firearms training and emergency vehicle operations training; and iv. All Police Department regulations governing this program must have been complied with by the sworn member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. Transition Guide for Veterans Beginning or Continuing Careers in Law Enforcement is available at http://www.theiaep.org/vets2cops Former U.S. Military Retention Incentive Program. The South Bend Police Department Former U.S. Military Retention Incentive Program which originally because effective January 1, 2015, shall continue in full, force and effect. In order to be eligible, a sworn member of the Department must have successfully completed at least one (1) year of full-time service on the Department and must have completed the annually mandatory training program addressing domestic violence, fire arms training and emergency vehicle operations training, and provide documentation as required by this section with qualified sworn members being entitled to the following: Service Length 2023 2024 2025 Two (2) years of past U.S. military active duty service Four (4) years of past U.S. military active duty service Six (6) or more years of past U.S. military active duty service Such bonus incentive retention payments shall be paid at the highest year of U.S. military active duty service experience only. Proof of such U.S. military service and tenure must be substantiated and verified by utilizing the Report of Separation, DD-214 issued by the Defense Department. Qualifying sworn members shall be paid said bonus in December of each calendar year. 4. Police Recruitment Relocation to South Bend Incentive. Any new full-time sworn member of the South Bend Police Department who is employed after January 1, 2015, would be eligible to apply for a Police Recruitment Relocation to South Bend Incentive, so long as his/her new personal residential address is located within the South Bend City limits. This relocation bonus may not exceed dollars for each qualifying full-time sworn member in each calendar years. Section III. Additional Areas of Compensation. a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the maximum amounts permitted in each calendar year addressed. b) City Residency Incentives. Sworn members and officers of the South Bend Police Department, who establish verified legal residence within any neighborhood within the City of South Bend city limits and reside on a continuous permanent basis within the South Bend city limits, and comply any additional department governing regulations on this topic shall be entitled to the following residency incentive bonus: 2023: $ maximum payable on or before December 15, 2023 2024: $ maximum payable on or before December 15, 2024 2025: $ maximum payable on or before December 15, 2025 c) Court Time Pav: If an officer or sworn member of the South Bend Police Department is subpoenaed to court or is ordered to appear at any given location to validate a complaint or warrant, and if that officer or sworn member is off -duty, that officer or sworn member shall be paid overtime. Such court time pay shall be paid at the overtime rate of pay. Such officer or sworn member shall receive a minimum of hours of pay for appearing on his or her scheduled day off, and a minimum of (-__) hours of pay for appearing when off -duty on a regular scheduled workday. d) Overtime Pay: If a sworn member is required to remain on duty in excess of the regularly scheduled workday, he or she shall be entitled to overtime pay. Such sworn member shall be paid at the rate of times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments. e) Critical Duty D4y Pay Stipend: A critical duty day pay stipend is continued in the amount of dollars ($There shall be eight (8) Critical Duty Days established by the Board of Public Safety by proper Board Resolution. Officers and sworn members assigned to the Family Violence/Special Victim's Unit, Country Metro Homicide or the South Bend Community School Corporation, while so assigned, shall not be eligible for the Critical Duty Day pay stipend, while working as a part of his or her regular duty assignments. f) Shift Premium Pays: An officer or sworn member scheduled to work and permanently assigned to any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail Second Detail [Afternoons] Third Detail [Midnights] Strategic Focus Unit Investigative Division [evenings] 2023 2024 2025 g) Seniority -Shift incentive Premium Pates: Any sworn Patrol Division or Investigative Bureau officer permanently assigned to the afternoon, evening, or midnight shifts shall be entitled to the following additional Seniority -Shift Incentive Premium pays for such work: Type of Detail 2023 2024 Second Detail [Afternoons] — 8 years or more of service Third Detail [Midnights] — 8 years or more of service 2025 h) Special Duty Pa +ems: An officer or sworn member who is qualified and scheduled to work in special hazardous duty and/or highly specialized areas of service, shall be entitled to receive Special Duty Pay for such assigned and designated specialties: Type of Special Duty Strategic Focus Unit K-9 Unit SWAT Bomb Technician Hostage Negotiator Uniform Crime Scene Technician Patrol Shift Supervisory Sergeant Pro -Pay Rapid Response (RRT) Diagrammer Certified Meth Technician 2023 2024 2025 i) Limited English Proficiency (LE pecialty Pay and Sign Language Proficiency incentive Pav_: A Limited English Proficiency (LEP) Pay Program and a Sign Language Proficiency Incentive Pay Program, overseen by the City's Human Resources Director or his/her designee, who shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform such duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: Type of Special Pa Limited English Proficiency (LEP) Sign Language Proficiency 2023 2024 2025 with such incentive program payments being limited to the total yearly amount budgeted for the same. j) Field Training Officer (F T D) Pay: A qualified Field Training Officer (FTO) shall be entitled to dollars ($ per day for each day which such person is qualified, assigned and performs field training activities with new recruits. k) Division Chief St p : The Chief of Police may assign one (1) Division Chief to be "acting Chief' when he/she is unavailable. Said Division Chief shall receive a stipend of dollars per year. 1) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts: 2023 2024 2025 Annual Cash Allowance m) Longevity Pays: Qualifying officers and sworn members holding the rank of Patrolman First Class and above, shall receive addition compensation in recognition of cumulative service on the South Bend Police Department. Such longevity pays shall be paid in the following amounts in each year: Cumulative Years of Service on SBPD 4 — 9 years 10 —14 years 15 —19 years 20 — 24 years Commencement Date Beginning 5' year Beginning I I' year Beginning 16' year Beginning 21" year 2023 2024 2025 n) Tuition Reimbursement: Qualifying officers and sworn members of the South Bend Police Department who participate in the Tuition Reimbursement Program shall be entitled to the following maximum dollar amount(s) for approved course tuition: Course Grade Maximum Amount Reimbursed by the City of South Bend A _% of tuition costs only up to a maximum of $_ B _% of tuition costs only up to a maximum of $ C _% of tuition costs only up to a maximum of $_ Officers and sworn members who wish to participate in this program must give notice to the Services Division Chief prior to registering for a course which has tuition fees, so that funds may be earmarked for potential tuition reimbursement on a "first come, first serve" basis up to the maximum amount budgeted for such purposes for each calendar year by the Common Council. Tuition reimbursement shall be limited to a maximum reimbursement amount of dollars ($ per calendar year to any officer or sworn member participating in the program. All governing regulations must be complied with by any officer or sworn member who participates in the program as a condition of being paid any tuition reimbursement. o) Voluntary Physical Fitness Pro : The Common Council continues the authorization previously set forth in Ordinance No. 10042-10, Ordinance No. 10192-12, Ordinance No. 10332-14, and Ordinance No. 10472-16 to implement a voluntary physical fitness program, which may have the potential of any officer and/or sworn member of the South Bend Police Department who qualifies under the governing policies and procedures implemented by the Department to earn up to a maximum of one (1) personal day per calendar year. Such personal day may not be used, if such usage results in overtime costs to the City. p) On -Call Duty Pays: Each of the following On -Call Duty Pay categories shall be allotted dollars ($ per category per year, and shall be divided among the assigned police officers in each of these categories. Such division of pay shall be determined according to the frequency of assigned on -call days in the respective category and shall be paid on a quarterly basis. The On -Call Duty Pay categories are as follows: All officers assigned to the Investigative Bureau Traffic On -Call Diagrammer Traffic On -Call Duty Officer q) Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all sworn members and officers of the South Bend Police Department in an amount equal to the amount of the sworn member's and officer's base pay. r) Health Insurance: Each active sworn member and upper level policy makers who are also referred to as officers of the South Bend Police 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. Benefits for qualifying police pensioners shall not begin until such pensioner or dependent spouse of such pensioner is fifty-two (52) years of age and shall cease when such pensioner or the dependent spouse of such pensioner reaches sixty-five (65) years of age, as further addressed in the Working Agreement, as to be approved by the Board of Public Safety. Section IV. Sererability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 . 2022, at o'clock . In. Approved and signed by me on the m. Dawn M. Jones, City Clerk Office of the City Clerk day of 2022, at _ o'clock James Mueller, Mayor City of South Bend, Indiana OFFICE OF THE Di"VN M. JONES, September 21, 2022 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 CITY CLERK CITY CLERK Re: Proposed 2023 City Clerk's Salary Ordinance Dear Council Members, Filed in Clerk's Office SEP 2 1 DAWN NI. ,JONES CITY CLERK, SOUTH BEND, IN Submitted for your consideration is the ordinance that sets the salary for the South Bend City Clerk for the 2023 calendar year. This ordinance provides a 5% increase in the City Clerk's salary from 2021. I will present this bill to the Common Council at the appropriate committee and council meeting. It is requested that this bill be filed for I'reading on September 26, 2022 with 2nd reading, public hearing, and 3rd reading scheduled for October 10, 2022. Please don't hesitate to let me know if you have any questions or require further information. Thank you for your consideration. Res ' lly, Dawn M. Jones, City Clerk Office of the City Clerk Attachment CC: Office of the City Clerk INTEGRITY1 SERVICES ACCESSIBILITY VICTORIA A. TRLJII.I.o KENNETH HARDY JUSTIN 1-.TL,r SHAVIA 1). KI,yxmoux:II CHIEF DEPUIN/CHIF.F OF STAFF DI:PU rYr DIRECTOR OF PoLICI' DII115CTOR OF SPECIAL PROJECTS ORDINAMT 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. 58-22 F71 BILL NO.58-22 ORDINANCE NO. SP 2 2C`7 CITY CLERK, SOUTH BEND, N 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 2023 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 the City Clerk of the City of South Bend in calendar year 2023. 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 record 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. 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 City Clerk of the City of South Bend in calendar year 2023 shall be and hereby is established as follows: 2022 2023 75,977 $79,775.85 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 , 2022, at o'clock . In. In. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at T o'clock James Mueller, Mayor City of South Bend, Indiana BILL NO. 59-22 BILL NO. 60-22 120ON COUNTY -CITY BUILDING 4«LTN gay. o PHONE 574.235.9216 227 W. JEFFERSON BLVD. r rx FAX 574.235.9928 SOUTH BEND, INDIANA 46601-1830 U If3Ex+ CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 19, 2022'n Office Ms. Sharon McBride SEP President, South Bend Common Council ' 4th Floor, County -City Building ; `I''_' South Bend, IN 46601 CI fl' C;L_ -rin RE: 2023 Mayor's Salary Ordinance Dear President McBride: Attached is an ordinance setting the Mayor's salary for the calendar year 2023. 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 proposes an increase for the Mayor's salary to be commensurate with the proposed increase for non -bargaining employees in 2023. 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 26, 2022, with 2nd reading, public hearing and 3rd reading scheduled for October 10, 2022. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Daniel T. Parker City Controller o y BILL NO. 61-22