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HomeMy WebLinkAbout09-23-13 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, SEPTEMBER 23, 2013 7:00 P.M. 1. INVOCATION - FATHER DAVE PORTERFIELD 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS A. REPORT FROM TRINAL ON MBE /WBE PROGRAM - 15 MINS. 13 -65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING SOUTH BEND SILVER HAWKS' MANAGER MARK HALEY FOR BEING SELECTED AS THE MIDWEST LEAGUE MANAGER OF THE YEAR 13 -66 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REMEMBERING THE LATE SEABE GAVIN, SR. AND THE CONTRIBUTIONS MADE BY HIM TO OUR COMMUNITY ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 44 -13 PUBLIC HEARING ON A BILL 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, 2014 ME 45 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 46 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH , BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 47 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2014 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, 2014 49 -13 PUBLIC HEARING ON A BILL THE CITY OF SOUTH BEND, 16, ARTICLES 2 AND 4 OF CODE TO PROHIBIT PLASTIC BILLS, THIRD READING RTT,T. NO. 49 -13 THIRD READING ON A BILL THE CITY OF SOUTH BEND, 16, ARTICLES 2 AND 4 OF CODE TO PROHIBIT PLASTIC OF THE COMMON COUNCIL OF INDIANA, AMENDING CHAPTER THE SOUTH BEND MUNICIPAL BAGS FOR YARD WASTE TIME: OF THE COMMON COUNCIL OF INDIANA, AMENDING CHAPTER THE SOUTH BEND MUNICIPAL BAGS FOR YARD WASTE 9. RESOLUTIONS BILL NO- 13-56 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 818 THOMAS STREET 13 -57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1731 S. FRANKLIN STREET 13 -63 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 120 W. LASALLE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN- YEAR REAL PROPERTY TAX ABATEMENT FOR HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS, L.P. 10. BILLS, FIRST READING BILL NO. 50 -13 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, ANNUAL SALARIES FOR THE CALENDAR YEAR 2014 51 -13 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, ANNUAL SALARY FOR THE CI7 YEAR 2014 THE COMMON COUNCIL OF INDIANA, SETTING THE COUNCIL MEMBERS FOR THE COMMON COUNCIL OF INDIANA, SETTING THE 'Y CLERK FOR CALENDAR 52 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2014 53 -13 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2014 54 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 55 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING ORDINANCE NO. 10192 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2014 56 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10200 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2014 57 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 4, SECTION 2 -13 (A) AND (B) OF THE SOUTH BEND MUNICIPAL CODE TO CONSOLIDATE THE CITY'S CODE ENFORCEMENT DEPARTMENT AND THE BUILDING DEPARTMENT INTO ONE BUILDING SERVICES DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH 11. UNFINISHED BUSINESS A. REPORT FROM AREA BOARD OF ZONING APPEALS 1. BILL NO. 13 -64 - SPECIAL EXCEPTION - 1026 CORBY 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2013 to be coliected in the year 2014 the following: For CORPORATION GENERAL FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. Total Civil City Rate $xxxx For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $xxxx on each one hundred dollars of Taxable Property. Total Redevelopment Rate $xxxx SECTION 11. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ��'� t Member of the Common Council Attest: ' •• i lk ! $.'. -' .-� L t:! 1*-' 0PPa',u. C)i p'.' ":p eTivcia' i�`k u�nG� ed )k .:d Ci' Council a ion an U168 W- U0, City Clerk of 1::r iiEArr' ;NG PUEUC f °ar,til;l.dG rd NOT A,,'FRO :D. REF ERRED PASSED Presented by me to the Mayor of the City of South Bend, Indiana on the day , 2 , at o'clock _. m. Deputy City Clerk Approved and signed by me on the day of 2 , at o'clock .m. Mayor, City of South Bend, Indiana Filed In Vier', y 120ON CouNTY --Crrr BUILDING 227 W. JEFFERSON BLvD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE B=GJEG, MAYOR PxoNE574 /235 -9216 Fax 574/235 -9928 DEPARTMENT OF ADMINISTRATION .AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4`J' Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2014 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This tax rate will apply for property tax assessments in fiscal 2013 with taxes payable in fiscal 2014. This bill is submitted for 1" read filing with the Common Council for the council meeting on August 26, 2013, 2nd read and public hearing at the council meeting on September 23, 2013, with 3rd reading and council vote at the council meeting on October 14, 2013. Similar to prior years, a substitute bill will be filed with the estimated property tax rates inserted after they are determined. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed by February 15, 2014. The actual property tax rate will depend on the 2013 /pay 2014 net assessed valuation of property in South Bend and this information is not yet available from the St. Joseph County Auditor. I will be available to discuss this substitute bill at the appropriate sessions of the Personnel and Finance Committee and South Bend Common Council. Respectively submitted, Mark W. Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristol Brisco, Corporation Counsel Filed �n o ae�� 1 % lid ..+__.... .. CITY CLt-1411' UTH 13 '_-L ��� '"0*, '-i�-�3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR TIIE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It. is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several Departments of the Civil City of South Bend, Indiana for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For the expenses of the Civil City Government, its various Departments, Funds, Commissions, and institutions for the fiscal year ending December 31, 2014, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION 11. For the fiscal year ending December 31, 2014, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: (201) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non- Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community Investment Administration Fund (212) Community Investment Grant Fund (216) Police State Seizures Fund (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (226) Liability Insurance & Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (251) Local Roads and Streets Fund (252) Excess Welfare Distribution (258) Human Rights - Federal Fund (271) East Race Waterway (273) Morris PAC/Palais Royale Marketing Fund (278) Police Take Home Vehicle Fund (280) Police Block Grant Fund (281) Economic Development Revenue Bonds Fund (288) E.M.S. Capital Improvement Fund (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund (295) COPS More Grant Fund (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (404) County Option Income Tax Fund (405) Park Department Non- Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CREED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K -9 Unit Fund (711) Self - Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION II1. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Counci Attest: and Council Ci{ajon Oil Ecdv ISSU100 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of 2 , at o'clock, .m. Lei 3 i Lt READING PUBLIC F ";RING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed A0Q 2 1 X013 MY cukkv,i aND, IN 1204N COUNTY- -CITY BUILDING 227 W JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574 / 235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR .DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4th Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2014. Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures of the City of South Bend for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This bill is respectively submitted for 1St read filing with the Common Council for the council meeting scheduled for August 26, 2013, 2 "d read and public hearing at the council meeting on September 23, 2013, with 3rd read and council vote at the council meeting on October 14, 2013. This bill will be presented to the Common Council by the Mayor, Controller, Department Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectively submitted, Mark W. Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Filed fri Cj�j— - I AUG 212-,013 � r E-� �� 01� - li 1D— ( 3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF TIIE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2014, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the Funds hereinafter named in Section II, and for the purposes hereinafter specified in Section 11, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2014 the above appropriations are made within the following Funds of the City: (600) Consolidated Building Fund (601) Parking Garage Fund (610) Solid Waste Operating Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (623) Water Works Bond Capital Fund (624) Water Works Customer Deposit Fund (625) Water Works Sinking Fund (626) Water Works Bond Reserve Fund (629) Water Works 0 & M Reserve Fund (640) Sewage Repair Insurance Fund (641) Sewage Works General Operations Fund (642) Sewage Works Capital Fund (643) Sewage Works O &M Reserve Fund (649) Sewage Works Bond Sinking Fund (659) 2011 Sewer Bond Fund (661) 2012 Sewer Bond Fund. (663) 2013 Sewer Bond Fund (665) 2014 Sewer Bond Fund (670) Century Center Operating Fund (671) Century Center Capital Fund SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk ING READ N PUBLIC H -CA,R,1iJG 3rd' REA6 [)i)4'4Gj N01' APPROWD URR ED PASSED Member of the Common Council -n signing and op Coljrle �j a Gi()n crIj tnils issoue, Presented by me to the Mayor of the City of South Bend, Indian on the day of —, ,at o'clock —.m. Approved and signed by me on the day of at o'clock m. Deputy City Clerk Mayor, City of South Bend, Indiana Red, In 401 CITt CLERK, 120ON COUNTY -Cry BLALDJNG 227 W. JEFFERSON BLVD. SOUTH BEND, INDrANA 46601 -1830 PHONE 574 / 235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BUTnGIEG, MAYOR .DEPARTMENT OF .ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4L1' Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funs of the Civil City of South Bend for the fiscal year ending December 31, 2014 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This bill is respectively submitted for I" read filing with the Common Council for the council meeting scheduled for August 26, 2013, 2nd read and public hearing at the council meeting on the September- 23, 2013, with 3rd read and council vote at the council meeting on October 14, 2013. This bill will be presented to the Common Council by the Mayor, Controller, Department Head and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectfully submitted, Mark Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Filed in tl�r F C1lP``t' CLZAe,, iOU TH SEND, its 0 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2014 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, 2014 Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit its proposed budget and tax levy to the Common Council of the City of South Bend for adoption. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that the South Bend Public Transportation Corporation,as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Common Council of the City of South Bend. Pursuant to Indiana Code § 6- 1.1- 17- 20(e), the Common Council of the City of South Bend is required to review the South Bend Public Transportation Corporation's budget and proposed tax levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending December 31, 2013 in the sum of $12,136,126.00, as shown on Budget Form 4 -A, filed with the Common Council on August 28, 2013, is appropriated, adopted, approved and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same. Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for by law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South Bend Public Transportation Corporation, a total property tax levy of $3,922,136.00 and a total tax rate of 0.1259 as shown on Budget Form 4 -B are also appropriated, approved and adopted. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approved by the Mayor. Attest: City Clerk r V3- D, Member, South Bend Common ouncil signing of`.� yid Council aGIIA'An on US issue, Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, at o'clock _____. m City Clerk, Deputy Approved and signed by me on the at __. o'clock, _.m 1 �t READING `- `J l3 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED day of , 2013, Mayor, City of South Bend, Indiana Filed an Clerk's Office QUO 2 7 2013 JOHN V00HVE CIYY CLERK, SOU M BEND, IN South Bend Public Transportation Corporation Via Hand Delivery August 28, 2013 Mr. Derek D. Dieter President - City of South Bend Common Council County - City Building - Room 400S South Bend, IN 46601 Dear President Dieter: Enclosed an original and several copies of: Filed I pe - r d 3Q2 r�d t q b CITY CLE fa, s )U s .� , .Irk a AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORTATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVNUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that Transpo, as a political subdivision governed by a majority of unelected off icials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C. § 6- 1.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section, the first publication of Transpo's budget must occur by September. 6, 2013 and the second publication must be made by September 13, 2013. Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 21, 2013. Transpo's budget was filed with the Common Council on August 28, 2013. Transpo will present this Ordinance to the Council. In attendance will be myself along with our Controller, Christopher Kubaszak. Tranppo's General Counsel, Jamie C. Woods, may also attend along with Members of Transpo's Board of Directors. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. Sincerely, David Cangany General Manager, South Bend Public Transportation Corporation (574) 232 -9901 . FAX (574) 239 - 2309.1401 S. Lafayette Blvd. • P.O. Box 1437 • South Bend, IN 46624 South Bend Public Transportation Corporation Via Hand Delivery August 28, 2013 Mr. Derek D. Dieter President - City of South Bend Common Council County - City Building - Room 4005 South Bend, IN 46601 Dear President Dieter: Enclosed are two (2) copies of the South Bend Public Transportation Corporation's ( "Transpo's ") 2014 Operating and Capital Budget. Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C. § 6- 1.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section, the first publication of Transpo's budget must occur by September 6, 2013 and the second publication must be made by September 13, 2013. Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 21, 2013. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. As I have expressed to the City of South Bend's Controller, I am willing to assist in this process in any manner whatsoever. Please contact me if you would like to discuss any aspect of the adoption of Transpo's budget. Sincere) , Christopher Kubaszak Controller, South Bend Public Transportation Corporation (574) 232 -9901 . FAX (574) 239 - 2309.1401 S. Lafayette Blvd.. P.O. Box 1437 • South Bend, IN 46624 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 2014 FISCAL OPERATING & CAPITAL BUDGET January 1, 2014 through December 31, 2014 Prepared By South Bend Public Transportation Accounting Staff SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2014 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2014 PROJECTIONS / ASSUMPTIONS 2014 Revenue Projection........... 2014 Expense Projection............' ........................................ ..............................1 ......... ............................... 2014 Appropriations ........................ 2 2014 Budget Assumptions 2014 Budget Policy Statements ............................................ ..............................4 ............................. ............................... 2014 Budget Summaries b Category — 6 Y g ry All Accounts ............................... 2014 Capital Requirement 7 ....... .............................15 Q H Q H C4 CD N Q coo N 0 0 0�0° O N N M N co Oo h C N O 0 O f- ° O O 1.0 O N N N O z O z CO) O m a 0 z N O O IL z L) m ° M CD O � N O O O CG (714 r M e Of N O O Q Z O Q O Z O O Z _O Q O Q. ui Z a Z O W -2 d W Z W W M r N69 J N Q !' 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W N Z W IL x w r O N vi Personnel Services Other Services and Charges Supplies Capital Outlays Total Appropriations TRANSPO Budgeted Appropriations 2013 1 2014 7,055,439 6,839,556 1,331,273 1,469,620 1,411,863 11240,471 354,000 390,000 1,983,550 10.1 3 7i$ 1,9 Total 2013 3 7,055,439 1,331,273 1,411,863 795,904 1 2,337,550 1 i p 2014 OPERATING BUDGET ASSUMPTIONS REVENUES: Federal. State. and Local: Given past and continued 'success in securing adequate capital funds through congressionally designated funding for major capital projects, we are able to continue to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and education /training, making such funds available to the operations budget. In 2014, the State of Indiana has fixed PMTF rate for the next two years and has made it a line item in the State's Budget. We based the 2014 PMTF revenue on 2013 actual approved budget. This caused our budget figure to be decreased 13% from 2013 budget. Property Tax revenue was budgeted at $67,800 more than prior year. Ridership and Leases: Farebox revenues from regular services include a 3.51% increase from our 2013 forecasted levels. The revenue increase is due the service agreement changes with local universities and new summer pass. TRANSPO ACCESS has realized an increase in ridership since 2008 and is expected to continue this trend in future years. Lease revenues reflect current tenant agreements and renewals of existing contracts. EXPENSES: Employee Wages and Benefits: TRANSPO will see an increase in wages for all employees in 2014. due to the finalization of a three year collective bargaining agreement in 2012. Employee benefits reflect an estimated 3.30% increase over 2013. This increase is mainly due to an estimated increase of five percent in health insurance premiums. Other benefits reflect current bargaining agreement terms and contingencies for future premiums given their historical trends. Vehicular and Operating: Vehicular and commercial insurance costs increased from the 2013 budget. Diesel fuel has been budgeted at an average of $3.07 per gallon and gasoline at $3.30 per gallon. Both of these markets have been extremely volatile and it is projected that future world developments could cause costs to increase. Utilities: Utility costs have been budgeted at no increase form the 2013 forecasted levels, due to TRANSPO cost savings experienced in the new Administration, Maintenance and Operations facility. Mar_ ketina: Marketing contracts, services, and advertising placement accounts have not been changed from 2013 budgeted figures. 4 Training: The 2014 budgeted amounts increased from 2013 budgeted provisions. TRANSPO plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions. . - - aviral imarovement Fund/Restricted Liability Reserve: The 2014 budget provides the opportunity to transfer up to $41,176 to the Capital Improvements fund for future capital expenditures or deposit up to $41,176 into a restricted liability reserve account, to be used for general liability purposes. v UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED. THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. F 2014 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis. 5. Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: 7. A professional workforce will carry out our Mission Statement. Management will assure fairness, even - handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. 0 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Salaries & Wages Summary 2012 ACTUAL $ 4,933,658 2014 BUDGET REQUEST $ 5,063,271 2013 APPROVED BUDGET $ 4,910,940 BUDGET CHANGE $ 152,331 Account Title 2013 2014 Operators Access Drivers & Clerk $3,081,293 $ 3,168,660 Operations Administration 344,042 352,799 Revenue - Vehicle Maintenance 308,637 364,312 Maintenance Administration 660,670 637,598 Non - Revenue - Vehicle Maintenance 124,945 131,288 General Administration 102,036 71,006 289,317 337,607 Total $4,910,940 $ 5,063,271 7 TRANSPO 2094 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Fringe Benefits Summary 2012 ACTUAL $1,805,942 2014 BUDGET REQUEST $ 1,992,169 2013 APPROVED BUDGET $ 1,928,616 BUDGET CHANGE $ 63,553 Account Title 2013 2014 FICA Pension plan $ 375,687 $ 387,341 Medical Insurance 211,694 214,535 Dental Insurance 1,101,551 1,155, 878 Life Insurance `14,154 47,775 Short-Term Disability 26,730 21,478 Unemployment Insurance 18,412 17,968 Worker's Compensation 12,423 11,032 Uniforms 88,198 85,700 Tool Allowance 46,267 46,462 3,500 4,000 Total $1,928,616 $ 1,992,169 E:? TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Services Summary 2012 ACTUAL $1,218,960 2014 BUDGET REQUEST 2013 APPROVED BUDGET BUDGET CHANGE $ 740,018 $ 710,656 $ 29,362 Account Title 2013 2014 Management Service Fees $ 253,407 $ 255,469 Advertising Fees 7,500 Professional & Technical 254,039 7,500 Tuition & Registration - Employees 279,039 Tuition & Registration - Board - 2,500 Temporary Help 2,500 Contract Services Operations 19,150 2,500 Contract Services Maintenance 100,000 18,950 100,000 Contract Services Administration 13,260 13,260 Security Services Physical Damage Repairs 55,800 55,800 Recoveries of Physical Damage Repairs 35,000 (30,000) 35,000 (30,000) Total $ 710,656 $ 740,018 TRANSPO a 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Materials & Supplies Summary 2012 ACTUAL $1,589,038 2014 BUDGET REQUEST $ 1,411,863 2013 APPROVED BUDGET $ 1,251,192 BUDGET CHANGE $ 160,671 Account Title 2013 2014 Fuel & Lubricants Fuel & Lubricants Operations Maintenance $ 960,239 $ 1,103,363 Tires & Tubes Operations 16,353 17,840 Tires & Tubes Maintenance Materials & Supplies Operations - 2,560 Materials & Supplies Maintenance - 210,000 25,000 210,000 Materials & Supplies Other Materials & Supplies Marketing Operations 37,600 35,600 Other Materials & Supplies Maintenance 6,000 3,600 4,500 Other Materials & Supplies General Administration 17,400 2,600 10,400 Total $ 1,251,192 $ 1,411,863 10 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: Administration & Maintenance ACCOUNT TITLE: Utilities ACCOUNT NUMBER: 505- 0x50 -00 505- 0x2x -00 2012 ACTUAL $ 174,807 2014 BUDGET REQUEST $ 209,267 2013 APPROVED BUDGET $ 209,267 BUDGET CHANGE $ _ Account Title 2013 2014 Electricity $ 98,014 $ 98,014 Water & Sewage Trash Collection Telephone Natural Gas 11 $ 16,654 $ 16,654 $ 5,000 $ 5,000 $ 10,351 $ 79,248 Totals $ 209,267 $ 10,351 $ 79,248 $ 209,267 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2012 ACTUAL $ 215,208 2014 BUDGET REQUEST $ 235,477 2013 APPROVED BUDGET $ 246,971 BUDGET CHANGE $ (11,494) Insurance - Liability & Physical Damage Other Corporate Insurance Total 12 $ 229,192 6,285 $ 235,477 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2012 ACTUAL $ 52,118 2014 BUDGET REQUEST $ 105,335 2013 APPROVED BUDGET $ 84,070 BUDGET CHANGE $ 21,265 Account Title 2013 2014 Dues & Subscriptions Travel & Meetings $ 28,070 $ 29,835 Community Services 2,000 11,500 Promotion 15,000 15,000 Advertising Placements 1,000 1,000 Interest Expense on Tax Warrants 38,000 38,000 Miscellaneous 10,000 Total =L a,=070 $ 105,335 13 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Passenger Fares Summary ACCOUNT NUMBER: 413 - 0100 -00 2012 ACTUAL: $ 1,419,226 2014 BUDGET REQUEST $ 1,450,230 2013 BUDGET REQUEST $ 1,400,953 BUDGET CHANGE: $ 49,277 Account Title 2012 2013 Passenger Revenue Access Passenger Revenue 938,141 980,146 Access Punch Card Revenue 35,366 36,526 Passport Revenue 61,967 63,190 Student Pass Revenue 185,675 183,890 Tripper Revenue 28,320 31,590 Two Ride Pass Revenue 9,623 9,623 Two Week Pass 65,334 62,628 76,527 82,638 $ 1,400,953 $ 1,450,230 14 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Capital Fund Requirements ACCOUNT NUMBER: 301 - 0101 -00 2012 ACTUAL $ 413,354 2014 BUDGET REQUEST $ 1,983,550 2013 APPROVED BUDGET $ 795,904 BUDGET CHANGE $ 1,187,646 Grant Number $$$ Available FTA/State Funded Total Required Grant -IN -90 -X591 $ 40,000.00 $ 32,000 $ Grant IN -90 -X621 State of Good Repair $ $ 315,000 300,000 $ 252,000 $ 8,000 63,000 Bus Livability Grant $ 1,612,750 $ 240,000 $ 1,290,200 $ $ 60,000 322,550 Grant -IN -04 -0044 Grant IN -90 -X628 $ $ 4,150,000 1,000,000 $ 3,320,000 $ 830,000 Grant -IN -90 -X650 $ 2,500,000 $ 800,000 $ 2,000,000 $ 200,000 $ 500,000 Total $ 9,917 1 750 15 $ 7,934,200 $ 1,983,550 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 2014 FISCAL OPERATING & CAPITAL BUDGET January 1, 2014 through December 31, 2014 Prepared By South Bend Public Transportation Accounting Staff SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2014 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2014 PROJECTIONS/ ASSUMPTIONS 2014 Revenue Projection ................ .............. ............................... 2014 Expense Projection " " " "" " " " """" ......... ............................... 2014 A ..... ............................... Appropriations .......................... ....... ............................... 2014 Budget Assumptions 2014 Budget Policy Statements.... .... ..............................4 ..................................... ............................... 2014 Budget Summaries by Category — All Accounts ................. 2014 Capital Requirement .................... 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State. and Local: Given past and continued success in securing adequate capital funds through congressionally designated funding for major capital projects, we are able to continue to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and education /training, making such funds available to the operations budget. In 2014, the State of Indiana has fixed PMTF rate for the next two years and has made it a line item in the State's Budget. We based the 2014 PMTF revenue on 2013 actual approved budget. This caused our budget figure to be decreased 13% from 2013 budget. Property Tax revenue was budgeted at $67,800 more than prior year. Ridership and Leases: Farebox revenues from regular services include a 3.51% increase from our 2013 forecasted levels. The revenue increase is due the service agreement changes with local universities and new summer pass. TRANSPO ACCESS has realized an increase in ridership since 2008 and is expected to continue this trend in future years. Lease revenues reflect current tenant agreements and renewals of existing contracts. EXPENSES: Employee Wages and Benefits: TRANSPO will see an increase in wages for all employees in 2014. due to the finalization of a three year collective bargaining agreement in 2012. Employee benefits reflect an estimated 3.30% increase over 2013. This increase is mainly due to an estimated increase of five percent in health insurance premiums. Other benefits reflect current bargaining agreement terms and contingencies for future premiums given their historical trends. Vehicular and Operating: Vehicular and commercial insurance costs increased from the 2013 budget. Diesel fuel has been budgeted at an average of $3.07 per gallon and gasoline at $3.30 per gallon. Both of these markets have been extremely volatile and it is projected that future world developments could cause costs to increase. Utilities: Utility costs have been budgeted at no increase form the 2013 forecasted levels, due to TRANSPO cost savings experienced in the new Administration, Maintenance and Operations facility. Marketing: Marketing contracts, services, and advertising placement accounts have not been changed from 2013 budgeted figures. 4 Training: The 2014 budgeted amounts increased from 2013 budgeted provisions. TRANSPO plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions. Transfer — Capital Improvement Fund/Restricted Liability Re_ s_: The 2014 budget provides the opportunity to transfer up to $41,176 to the Capital Improvements fund for future capital expenditures or deposit up to $41,176 into a restricted liability reserve account, to be used for general liability purposes. UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED. THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. 5 2014 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: 1. The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis. 5. Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: 7. A professional workforce will carry out our Mission Statement. Management will assure fairness, even - handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. C TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Salaries & Wages Summary 2012 ACTUAL $ 4,933,658 2014 BUDGET REQUEST a 5,063,271 2013 APPROVED BUDGET $ 4,910,940 BUDGET CHANGE $ 152,331 Account Title 2013 2014 Operators Access Drivers & Clerk $3,081,293 $ 3,168,660 Operations Administration 344,042 352,799 Revenue - Vehicle Maintenance 308,637 364,312 Maintenance Administration 660,670 637,598 Non - Revenue - Vehicle Maintenance 124,945 102,036 131,288 General Administration 289,317 71,006 337,607 Total $4,910,940 $ 5,063,271 7 TRANSPO 2014 BUDGET SUBMISSION ,DEPARTMENT: All ACCOUNT TITLE: Fringe Benefits Summary 2012 ACTUAL $1,805,942 2014 BUDGET REQUEST $ 1,992,169 2013 APPROVED BUDGET $ 1,928,616 BUDGET CHANGE $ 63,553 Account Title 2013 2014 FICA Pension plan $ 375,687 $ 387,341 Medical Insurance 211,694 1,101,551 214,535 Dental Insurance 44,154 1,155,878 Life Insurance 26,730 47,775 21,478 Short-Term Disability 18,412 17,968 Unemployment Insurance 12,423 11,032 Worker's Compensation 88,198 85,700 Uniforms Tool Allowance 46,267 46,462 3,500 4,000 Total $1,928,616 $ 1,992,169 0 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Services Summary 2012 ACTUAL $1,218,960 2014 BUDGET REQUEST $ 740,018 2013 APPROVED BUDGET $ 710,656 BUDGET CHANGE $ 29,362 Account Title 2013 2014 Management Service Fees $ 253,407 $ 255,469 Advertising Fees 7,500 Professional & Technical 254,039 7,500 Tuition & Registration - Employees 279,039 Tuition & Registration - Board - 2,500 Temporary Help 2,500 Contract Services Operations 19,150 2,500 Contract Services Maintenance 100,000 18,950 Contract Services Administration 13,260 100,000 Security Services 55,800 13,260 Physical Damage Repairs 35,000 55,800 Recoveries of Physical Damage Repairs (30,000) 35,000 (30,000) Total $ 710,656 $ 740,018 0 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Materials & Supplies Summary 2012 ACTUAL $1,589,038 2014 BUDGET REQUEST $ 1,411,863 2013 APPROVED BUDGET $ 1,251,192 BUDGET CHANGE $ 160,671 Account Title 2013 2014 Fuel & Lubricants Operations $ 960,239 $ 1,103,363 Fuel & Lubricants Maintenance 16,353 17,840 Tires & Tubes Operations - Tires & Tubes Maintenance - 2,560 Materials & Supplies Operations - 25,000 Materials & Supplies Maintenance 210,000 210,000 Materials & Supplies Marketing 37,600 35,600 Other Materials & Supplies Operations 6,000 4,500 Other Materials & Supplies Maintenance 3,600 2,600 Other Materials & Supplies General Administration 17,400 10,400 Total $ 1,251,192 $ 1,411,863 10 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: Administration & Maintenance ACCOUNT TITLE: Utilities ACCOUNT NUMBER: 505- 0x50 -00 505- Ox2x -00 2012 ACTUAL $ 174,807 2014 BUDGET REQUEST $ 209,267 2013 APPROVED BUDGET $ 209,267 BUDGET CHANGE $ Account Title 2013 2014 Electricity $ 98,014 $ 98,014 Water & Sewage $ 16,654 $ 16,654 Trash Collection $ 5,000 $ 5,000 Telephone $ 10,351 $ 10,351 Natural Gas $ 79,248 $ 79,248 Totals $ 209,267 $ 209,267 11 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2012 ACTUAL $ 215,208 2014 BUDGET REQUEST $ 235,477 2013 APPROVED BUDGET $ 246,971 BUDGET CHANGE $ (11,494) Insurance - Liability & Physical Damage $ 229,192 Other Corporate Insurance 6,285 Total $ 235,477 12 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2012 ACTUAL $ 52,118 2014 BUDGET REQUEST $ 105,335 2013 APPROVED BUDGET $ 84,070 BUDGET CHANGE $ 21,265 Account Title 2013 2014 Dues & Subscriptions $ 28,070 $ 29,835 Travel & Meetings 2,000 11,500 Community Services 15,000 15,000 Promotion Advertising Placements 1,000 1,000 Interest Expense on Tax Warrants 38,000 38,000 Miscellaneous - 10,000 Total $ 84,070 $ 105,335 13 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Passenger Fares Summary ACCOUNT NUMBER: 413- 0100 -00 2012 ACTUAL: $ 1,419,226 2014 BUDGET REQUEST $ 1,450,230 2013 BUDGET REQUEST $ 1,400,953" BUDGET CHANGE: $ 49,277 Account Title 2012 2013 Passenger Revenue 938,141 Access Passenger Revenue 35,366 980,146 Access Punch Card Revenue 61,967 36,526 Passport Revenue 185,675 63,190 Student Pass Revenue 28,320 183,890 Tripper Revenue 31,590 Two Ride Pass Revenue 9,623 9,623 Two Week Pass 65,334 62,628 76,527 82,638 $ 1,400,953 $ 1,450,230 14 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Capital Fund Requirements ACCOUNT NUMBER: 301 - 0101 -00 2012 ACTUAL $ 413,354 2014 BUDGET REQUEST $ 1,983,550 2013 APPROVED BUDGET $ 795,904 BUDGET CHANGE $ 1,187,646 Grant Number $$$ Available FTA/State Total Funded Required Grant -IN -90 -X591 $ 40,000.00 $ 32,000 $ Grant IN -90 -X621 $ 315,000 $ 252'000 $ 8,000 State of Good Repair $ 300,000 $ 240,000 $ 63,000 Bus Livability rant tY $ 1,612,750 $ 1,290,200 $ 60,000 Grant -IN -04 -0044 $ 4,150,000 $ 3,320,000 $ 322,550 830,000 Grant IN -90 -X628 $ 1,000,000 $ 800,000 $ Grant -IN -90 -X650 $ 2,500,000 $ 2,000,000 200,000 $ 500,000 Total $ 9,917,750 15 $ 7,934,200 $ 1,983,550 0o- V`i -13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE STATEMENT OF PURPOSE AND INTENT The City of South Bend (the City) previously permitted plastic bags to be used for collection of yard waste, although use of paper bags was preferred. With new and heightened environmental regulation at the State and federal levels, it is not permissible for the City's Organic Resource Facility to accept any plastic materials with yard waste. The City's Organic resource collection is limited solely to vegetative, biodegradable materials, and the Facility has no capability to separate plastics from organic matter. To clarify and assure that citizens of South Bend do not include plastic bags and other non - organic materials with recyclable yard waste, it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16 -8 (f) and at Chapter 16, Article 4 Sections 16 -27 and 16 -28. This Ordinance enacts those Municipal Code Amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sec.16 -8. Use of City- furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste. (f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. Yard waste shall not be placed in plastic bags for collection Such yard waste shall be placed in biodegradable paper bags, or other containers approved by the City, and shall be segregated from any trash or garbage. plastic bags or- other- eentainer-s for- calleetion -and segregated from the tfash and gafbage. Tree limbs and brush of a diameter of less than four (4) inches shall be bundled together in lengths of forty -eight (48) inches or less. Tree limbs and brush in excess of these dimensions or large quantities of yard waste may be scheduled for special pick up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section II. Chapter 16, Article 4, Section 16 -27 of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: See.16 -27. Policy regarding disposal of yard waste. It is hereby stated as the policy and law of the City of South Bend that all yard waste as defined herein generated by or emanating from the City, whether from residential, commercial, industrial, institutional or governmental sources, shall not be landfilled. Such yard waste, whether collected by the City, commercial lawn services, tree services or private carriers, shall be disposed of at the City's Organic Resource Facility for recycling; provided, however, that nothing herein shall prevent any individual or company from otherwise recycling yard waste in a manner approved by the Director of the Department of Public Works. No yard waste materials will be accepted from outside the incorporated limits of the City of South Bend Indiana. Section III. Chapter 16, Article 4, Section 16 -28 of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sec-16 -28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co- mingled with trash and garbage. Yard waste niay shall not be delivered to the Organic Resource Facility in plastic bags_ in loose eendition. It shall be delivered either in biodegradable paper bags or in a loose condition; provided, however, that all brush and tree limbs shall be cut in lengths not to exceed forty -eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. These items may be disposed of by landfill or in any other lawful manner. Section IV. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common douncil C,,a and Council moil v-1 'w tsa U9, of Presented by me to the Mayor of the City of South Bend, Indiana on the day 9 2_, at o'clock . M. City Clerk Approved and signed by me on the day of o'clock . M. I Lf M�rxr ZG� r �j C F titiG 3 rd! 1,,40T Al i�i REF[RkED PASSED 2 , at Mayor, City of South Bend, Indiana Filed In Or? CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR .DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director September 3, 2013 Mr. Derek Dieter President South Bend Common Council Ms. Valerie Schey Chairman of the Utilities Committee South Bend Common Council In Re: Revision to Chapter 16 (Refuse), Articles 2 and 4 Dear President Dieter and Utilities Committee Chairman Schey, The attached ordinance is offered for Council consideration. Chapter 16 of the City of South Bend Municipal Code, which regulates yard waste management in the City, is being revised. The purpose of the revision is to prohibit yard waste from being collected and delivered to the Organic Resources Facility (ORF) in plastic bags, as required by solid waste regulations in the State of Indiana. The ORF is permitted to process vegetative waste only, and cannot accept or store non compostable materials. This revision will allow the ORF to manage and process vegetative waste in accordance with Indiana Department of Environmental Management (IDEM) rules and regulations. The ORF was recently inspected by the IDEM Office of Solid Waste and violations were noted related to the acceptance and storage of plastic bags and other non compostable materials. I will make the formal presentation to the Council and will be available should you have any questions. I can be reached at 574 - 271 -4210 or at agreek @southbendin.gov. Sincerely, Al Greek Division Director — Environmental Services Cc: Pete Buttigieg, Mayor Matt Sikora, Director of Special Projects Kathryn Roos, Chief of Staff Eric Horvath, Director of Public Works Mark Neal, Controller Andre Price, Manager of Solid Waste Operations Filed In , 4 A _ 0ff Cq E 55 - ?1 CrtY CLERIC SOUTH SEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 818 Thomas Street WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 818 Thomas Street, South Bend, IN 46601 -2537. in order to permit Bed and Breakfast (Guest House). SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. NOT APOP'OV1 h,ijt tit.:.(1� �L 0- D'ko .( �- Member of the Common Council Filed I.n Clerk's CITY CLERK, SOUTH SEND, IN Um. w Avant! Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@mac.com Phone: 314 - 973 -8686 Don Lindner, CEO 7/10/2013 Ref: Petition for Variance Dear Members of the Board: #1C Seeking a Special Exception for a Bed & Breakfast in a "SF2" District Please consider the proposal for the intended Avanti - Oriented Bed and Breakfast at 818 W. Thomas Street, South Bend, IN 46601 -2537, just across the street from the Studebaker National Museum entry-exit. The advantages are as follows: A It will assist in preserving the Studebaker Avanti. B It will provide enjoyment and entertainment. C It is a place to house and display my $50,000+ collection of material. D It will provide local lodging for visitors to the Studebaker National Museum /Indiana Center for History. E It offers another attraction for S. Bend visitors. (S. Bend attracts people from all over the world in many cases for the love of Studebaker and Avanti). This project will offer additional revenue to the area. F The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. This building was vacant and in disrepair for a lengthy time. I think most would agree that what has been accomplished in the last year with funds and hard work invested, is an asset to the neighborhood as well as the local community. Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avant! Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@mac.com Phone: 314 - 973 -8686 Don Lindner, CEO G The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Many feel this would be a positive addition to the museum corridor. a. The property has been much improved since I purchased it. b. The property is surrounded on 3 sides by the Studebaker National Museum and Center for History and I own the rental house to the west. c. Every neighbor with whom I spoke with was happy and excited about the project. The property was overgrown in weeds, filled with trash and was an eye sore. H The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein Improvements are in keeping with the original building. The roof had severe leaks when purchased. A new roof has been installed and extensive refin- ishing of wood doors, trim, etc. was done to all original wood that was salvageable. Painting and other outside work was done to keep the integrity of the original facade. This will be an extension of the Museum District that is already there. I The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The area already has museums and residential properties. I feel it is going to be compatible with the Comprehensive Plan for the City. I have invested in the community and will continue to do so. Thank you for your consideration. Sincerely, Donald R. Lindner Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner @mac.com Phone: 314 - 973 -8686 Don Lindner, CEO A bit about myself: A At this time, I am the only principal but have supporters, advisors and contributors of both materials and money. B The LLC is currently based and registered in Missouri. C I have never been arrested (other than getting a ticket for traffic violation). D I've never been bankrupt. E I've earned an honorable discharge from the US Air Force and Missouri Air National Guard. F I currently employ 88 people in seven child care businesses and rental property. G I've been married to the same woman, Janet V. Lindner for 50 years and 3 months. H I have been visiting S. Bend for the last 20 years. I I have 27 years of perfect attendance with the Bridgeton, MO Kiwanis Club. I have been a member and visitor of the Studebaker National Museum almost yearly since 1993. 1 am the Founder and was the Avanti Association Memorabilia Chairman from 1998 to dune 2012. K My wife and I own our own house. Don Lindner, CEO Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. AvM Var 7.10.13.pages )s uldutlo LO L5 :t U')-C,4 cp Mai k-, qo Lr) 00 C) C� Cl) m .1T COP, 00 .1-8 Lo '990C 4a Lin 9E [Z C,4 C,4 Lr Cr � ssoc-no C:) 0 : Cl) C) C) Lo to Lo 9 co C) LO 1-0 M R CID Cl) 04 Z 00 , In 7o; CD. 00 00 J- Lo -s C) c� Lo to cl) ul ce) 17 �'z 061 C') 0 04 00 C-4 CD jin -4,P VP 0 04 zz- O 't k pr 77 t p N ltdco— 40 04 It) C%4 LO C) 'C? C) a) c C) C) 0; 0 CII) Wf N ce) CN 777 Cl) f) L Lo c) c) U) C) C): co 4=) L LO C) IS IDJIIL Cl) oo.,Cj I A Lo %' tJ (D 0 I j C) C) ii Lo I co ch v :J 0 Ell m a) V-' )s uldutlo LO L5 :t U')-C,4 cp Mai k-, qo Lr) 00 C) C� Cl) m .1T COP, 00 .1-8 Lo '990C 4a Lin 9E [Z C,4 C,4 Lr Cr � ssoc-no C:) 0 : Cl) C) C) Lo to Lo 9 co C) LO 1-0 M R CID Cl) 04 Z 00 , In 7o; CD. 00 00 J- Lo -s C) c� Lo to cl) ul ce) 17 �'z 061 C') 0 04 00 C-4 CD jin -4,P VP 0 04 zz- O 't k pr 77 t p N ltdco— 40 04 It) C%4 LO C) 'C? C) a) c C) C) 0; 0 CII) Wf N ce) CN 777 Cl) f) L Lo c) c) U) C) C): co 4=) L LO C) IS IDJIIL Cl) oo.,Cj I A 72 57 I j LO, 0) Lo I co ch v :J 0 Ell m a) V-' S; 0 OiR 00 OC) .0 lam m 4690' )s uldutlo LO L5 :t U')-C,4 cp Mai k-, qo Lr) 00 C) C� Cl) m .1T COP, 00 .1-8 Lo '990C 4a Lin 9E [Z C,4 C,4 Lr Cr � ssoc-no C:) 0 : Cl) C) C) Lo to Lo 9 co C) LO 1-0 M R CID Cl) 04 Z 00 , In 7o; CD. 00 00 J- Lo -s C) c� Lo to cl) ul ce) 17 �'z 061 C') 0 04 00 C-4 CD jin -4,P VP 0 04 zz- O 't k pr 77 t p N ltdco— 40 04 It) C%4 LO C) 'C? C) a) c C) C) 0; 0 CII) Wf N ce) CN 777 Cl) f) L Lo c) c) U) C) C): co 4=) L LO C) IS IDJIIL Cl) oo.,Cj I A JOHN W. 8YORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9571 July 29, 2013 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Common Council Attn: Janice 4`J' Floor County City Building South Bend, IN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, August 7 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Michael J. Carmichael. The staff recommends that if the variance is granted, that it be granted subject to obtaining approval for a septic system on each lot. 6. Petition of David and Diane Vernasco. The staff recommends denial of the lot size variances. Approval would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. These two parcels combined are just over 17 acres, 3 acres below the minimum lot size. The petitioner's argument that the two parcels were not properly split in 1969, has no bearing or applicability relative to the three standards that need to be met for a successful variance. The immediate area around the petitioner's property is still a predominantly agricultural area (i.e. largely farmed). Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W. ST) O SEP HC OU N TY I N D I ANA. C OM (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The petitioner is proposing to use an existing building with more than sufficient off street parking. The crematory will not adversely affect the other uses permitted in the Light Industrial District. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the surrounding district. A crematory, either by itself or in conjunction with a cemetery is a permitted use in less intense districts, like O Office District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Although crematories are not specifically addressed by City Plan, a mix of land uses along major corridors and other locations is identified on the Future Land Use Map. The Future Land Use Map identifies the west side of the corridor along Main Street as industrial. Sincerely, C ", f �e� h4 Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W WW. S TJO S E PH COUNTY IND I ANA. C OM AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 8, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Donald Lindner /Avanti Guest House ABZA 8/7/13 Dear Council Members: The above referenced petition of Donald Lindner was legally advertised on July 21, 2013. The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow a bed and breakfast in a "SF2" District, on property located at 818 Thomas Street, is sent to Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS LINDNER/AVANTI GUEST HOUSE FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborho?d and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance; which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7TH Day of AUGUST, 2013. YES NO 0 MICHAEL UR 3ANSKI 0 RANDALL MATTHYS M JACK YOUNG 0 GERALD PHIPPS M ROBERT HAWLEY ABSENT JOE VELLEMAN 0 BRENDAN CRUMLISH DONALD LINDNER/AVANTI GUEST HOUSE The petition of Donald Lindner /Avapti Guest House seeking a Special Exception to allow a bed and breakfast in a "SF2" District, on property located at 818 Thomas Street, Portage Township. Zoned "S172 ". MR. DONALD LINDNER: I live at 1447 Rose Hill Lane in St. Peters, Missouri and part time, half time or little more than half time at this residence at 818 Thomas Street in South Bend. And I'm proposing this variance for the use of bed and breakfast and I would be oriented to the Avanti automobile or Studebaker or direct connection that many South Bend people know about. It's been a while, the closing of Studebaker was some 50 years ago coming this December. But South Bend attracts people from all over the world. The Avanti portion produces this magazine four times a year. Very attractive. There's some 2,000 members of the Avanti Association. The Studebaker Drivers Club is one of the largest automobile clubs in the country and the world. I think it's the largest independent orphan car club in the world. And I will intend to be able to offer this lodging facility. It has six bedrooms. There's nine rooms altogether including the small entry room. But I think other issues are addressed in the documentation that was already issued. And we have some notes, maybe I forgot something. I feel that this will add to the Studebaker and museum corridor that's adjacent to me. There's museum property on four sides and the recent drawings have been updated to include the parking off the alley. And I hope you can see it and approve this variance. MR. URBANSKI: The Board will note that there was an addendum site plan because the new parking spaces will be 30 feet deep as per the Engineering Department rather than 20 foot deep because it will be easier to back out on to the alley. We also have one letter in favor of from Rebecca Bonham, we have one from Donald Hart. So we have two letters in favor. Are there any questions or comments from Board or staff? MR. PHIPPS: Mr. Lindner will you be operating this yourself? MR. LINDNER: I own the rental house next door also and in conjunction with those people on site. MR. PHIPPS: Will it be open all the time or just in connection with certain activities of the museum? MR. LINDNER: It would, I would anticipate it being available at any time. MR. PHIPPS: Are improvements to the building involved in getting this ready as a bed and breakfast? MR. LINDNER: Yes we already have three bathrooms added, two of them are half baths and one is a full bath with a tub, shower and so forth. The house needed that anyway to bring it up to current day expectations even for a single family home. But each of the six bedrooms had a walk in closet. The house is around 2,200 square feet. So the bedrooms are not large but there's, I have a plan where guests will be when they stay there they will lock their belongings in the bathroom and the bedrooms can remain as display area for other residents there that will be interested in the material that would be on the walls. So a combination mini museum and bed and breakfast, guest house. At this time we don't anticipate any cooking, that's why the term guest house is used. MR. HAWELY: Sir I noticed that you and as a former Studebaker employee, I was there for four years, I won't tell you when but it was many years ago, you mentioned in your presentation you have a $50,000 plus collection of material, this is I'm assuming for viewing if we were to stay there a night or two? MR. LINDNER: Yes, that's correct. MR. HAWLEY: What kind of collection are you talking about? MR. LINDNER: Posters, sale brochures, it just goes on and on... MR. HAWLEY: Things you have collected over the years? MR. LINDNER: That's correct. You just can't believe it. Even yet today I started my collection and came to South Bend my first time in `93 and it all started from there. MR. HAWLEY: Thank you. MR. CRUMLISH: I'd like to ask, maybe I misunderstood something here, you will not be living in this house full time? You may be there some of the time? MR. LINDNER: Yes. I am there some of the time. I am living there a little over half the time now. MR. CRUMLISH: Will there be someone else living in the house when the guests are`there? A caretaker or...? MR. LINDNER: There will be the people next door in the rental house. MR. CRUMLISH: So this is a business operation then? MR. LINDNER: Well it's combination residential and business. MR. CRUMLISH: The people that will be there will be transient lodging? I'm taking it they will spend the night but they don't live there either so they're not full time tenants? MR. LINDNER: Correct. MR. CRUMLISH: Will there be a handicap parking space in the back? MR. LINDNER: Yes. MR. CRUMLISH: Thank you. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion to send the Special Exception to the Common Council with a Favorable Recommendation and was seconded by Mr. Young. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36- 7- 4- 918.5; therefore, the petition for Special Exception was sent To the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION LLC AND DIRECTOR'S CREMATORY, LLC The petition of GX12B and Director's Crematory, LLC seeking a Special Exce 'on to allow a crematory in a "LI" District, on pr�erty located at 1731 S. Franklin Street, Portage Towns 'p. Zoned "LI ". MR. MARK GENDEL: My address is 1333 Erskine Manor Hill, So Bend, Indiana. I am a member of GMB2B, LLC. We're se 'ng a Special Exception on this locatio or a crematory to be installed in an existing building. The crerltory will not be open to the public d it would be used for funeral home use only. MR. URBANSKI: Thank you s. I do find the i interesting. \ MR. PHIPPS: The building that you MR. GENDEL: That is correct. MR. PHIPPS: The staff has given us used not the one up close to Franklin/; [Z you attached very interesting. Informative and is at the back of the property? and I'm assuming this is the part of the building that would be (Mr. Phipps was pointing to a picture) MR. HAWLEY: I did visit the #fe and my pe one very private. In fact across th street basically s location. MR. LYONS: We did t with the owners of the p. entire property and no just this use because the pro. property. So we di go through and counted up the do meet the reau' ments_ There Was no one present to speak in favor of this I opinion was that there was plenty of parking and it was commercial property and it just seem like, to me, an ideal .y and verified the parking calculations with the does have some other uses on the rest of the square footage and the number of spaces and they fS,u ao 13_S� RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1731 S. FRANKLIN STREET WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and . WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7- 4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 17318. Franklin Street. in order to permit a crematory in a Light Industrial District. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; fy� x May 18, 2010 Rev. 1 (CFS -Pet included) Cremation Systems 15660 LaSalle Street South Holland, IL 60473 Attention: Tom Krowl J Subject: Cremator Stack Emissions PM (particulate matter) EPA, Human and Pet 15660 LaSalle Street South Holland, IL 60473 www.armilcfs.com email: intonarmilcfs corn phone: 708- 339 -6810 fax: 708- 339 -37Rn The Cremations Systems CFS -2300 cremator was tested and evaluated for the Illinois EPA on 9/16/2008 by an independent testing company (GE Energy Management Services). The test was performed on our CFS- 2300 -1 cremator installed at Skyline Memorial Park in Monee Illinois. Three tests (runs) were performed over a period of two days using human remains during each test and running the cremator in the normal operating mode. An Armil /CFS technician and a Skyline employee operated the cremator and performed the three cremations, while three GE Energy technicians performed the sampling, measurement, and analysis (on site). The testing procedures and methods are defined in GE Energy Report M22EI769A Rev.I dated September 22, 2009. Excerpt data is listed below: Test Facility: Skyline Memorial Park Crematorium 25100 South Governors Highway Monee, Illinois 60449 Contact: Paul Kint (owner) Testing Company: GE Energy 888 Industrial Drive Elmhurst, Illinois 60126 Contact: David Thompson (project supervisor) Page] of 2 Emissions & Particulate Matter "Testing Human Remains and Pet Cremators Annil /CFS Reference Number CFS2300 /CFSPet May 18; 2010 Revision 1 Calibration of the testing equipment was performed pre -test and post -test. Specific information regarding the equipment, procedures, and N.I.S.T. traceability are available upon request, from Armil /CFS Incorporated (708) 339 -6810. SUMMARY OF RESULTS Average of three (3) test runs Calibration Corrected Test Data Filterable Particulate (PM): 0.050 lb /hr 0.021 grains /scf @ 12% CO, Filterable PM determination by USEPA method 5 02 (oxygen) 6.2 % dry Oxygen determination by Method 3A, 40CFR60 CO2 (carbon dioxide) 11.8 % dry Carbon Dioxide determination by Method 3A, 40CFR60 CO (carbon monoxide) 0.02 lb/hr 13.8 ppm @ 50% excess air Carbon Monoxide determination by Method 10, 40CFR60 EXTRAPOLATION OF RESULTS (Particulate Matter) Stack Emission, CFS -2300 Estimated daily and annual stack emission totals based on normal cremator operation. PM Daily: 10 hrs x 0.0501b/hr 0.5 lbs per day PM Annually: 5 days/ week x 52 weeks 130 lbs per year EXTRAPOLATION OF RESULTS (Particulate Matter) Stack Emission, CFS -Pet Estimated daily and annual stack emission totals based on normal cremator operation. PM Daily: 10 hrs x 0.033 lb /hr 0.33 lbs per day PM Annually: 5 days/ week x 52 weeks 86 lbs per year Data compiled by: Anvil /CFS Engineering Department Page 2 of 2 CFS -2300 Cremation Chamber f r o m Cre m a tio n Y —S CFS -2300 Features Include: s.5 Automatic operation v High efficiency refractory lining it Recessed hot hearth design accommodates large cases, 750 Ibs K Cremation status can be sent via email e Quick Change hearth the system Emission monitoring * Front loading and retrieval through extra -wide door K. 150lbs per hour cremation burn rate * Touch - screen digital controls * PC-based data acquisition and storage Meets all applicable NFPA and UL standards e Engineered for installation through an 8' door opening Includes Fire Marshal monitoring system ff Tek Marshal internet retort diagnostics, optional :::-- Cremation Systems r_..., is pleased to offer the CFS -2300 cremation chamber / with Fire Marshal monitoring system. TM Optional with CFS - 2300 °'± the CFS 2300: Cremation Chamber Tek Marshal Made in Illinois! internet retort diagnostics. The CFS -2300 has a composite refractory lining, and extra -wide 42" door opening. General dimensions: Height: 7'.71/2" _ Width: 5'3" without control panel 6'4" with control panel Length: 154" Hearth area: 42" wide x 89" deep Door opening: 42" wide x 25" high Utility Requirements: Natural gas: 1000 Btu /cu ft 2350 CFH at 7" w.c. minimum Propane: 2500 Btu /cu ft 940 CFH at 11 " w.c. minimum Electrical: 208/240 VAC, 1 phase, 40 amp CnenT aeon, q d emd TM Division of Armil CFS, Inc. 15660 South LaSalle Street South Holland, IL 60473 708 - 339 -6810 Fax: 708- 339 -0517 \A,N,xu.cremsys.com info @cremsys.com Refer to General Specification H501R -008 © 2009 -12, Cremation Systems CFS -2300 Cremation Chamber from Cremation Systems Features and Benefits One -step, automatic operation: The CFS -2300 utilizes advanced "Set Point Programming" to control temperature for a completely automatic cremation cycle. High efficiency refractory lining: The CFS -2300 utilizes a combination of premium firebrick, pre -cast refractory shapes and ceramic fiber insulation for a, light weight, energy efficent lining. Quick Change hearth tiles: The CFS -2300 Quick Change hearth is a pre -cast refractory the system. Quick Change tiles are in stock, minimizing cremator down time by allowing for one -day hearth repair and easy sub - hearth access. Automatic pollution monitoring: The CFS -2300 opacity sensor monitors emissions, ensuring EPA requirements are met. Touch - screen digital controls: Case data stored on a flash drive can be automatically sent to any PC or smart phone via email. Remote access via the Internet: Remote access of cremator conditions via the internet for off -site monitoring and alarm notification. The CFS -2300: a Extra -wide door opening for easy loading and retrieval 0 Low overall height and weight for ease of installation Ir Door system features a single air - cooled viewing port, spring- loaded /self- locking door latch to ensure safety, and hydraulic cylinders for door movement. * Control panel may be left or right side mounted, or provided separate for remote installation. * Meets or exceeds all applicable NFPA and UL standards. Fire Marshal: The Fire Marshal monitoring system comes standard with the CFS -2300. Refer to Fire Marshal data sheet for additional information. Tek Marshal: Internet retort diagnostic product to identify blown fuses, tripped relays, and dirty smoke meters, without a service tech visit. Cremation Systems is a division of Armil CFS, Inc., manufacturer of high temperature process equipment since 1968. Armil CFS utilizes the finest combustion and control components, refractory and insulating materials to provide premium, high efficiency, low maintenance cremation equipment. Members of: 4 NFf National Funeral Directors Association Cremation Association of North America i FDA ( FHA Illinois Funeral Directors Association Illinois Cemetary & Funeral Home Association ® 2009 -12, Cremation Systems l �ilema io�t, q 51 e-- -4 15660 South LaSalle Street - South Holland, IL 60473 • 708- 339 -6810 Fax: 708- 339 -0517 Division oT Armil CF5, Inc. www.crerrisYs.com r info @cremsys.com d D `. lu 4j ` do dw" '. vi • 1= I. ir � '1............. - _- -� 't�.,.,,�•. -. \'.�- 'k--.. �..._�,.._:,��.���` \' \`�. •._`�<..�'• ,4 ` ♦' ` ♦`, °'fit PARCELSTAT NAME —1 MAILINGADD MAILINGCIT r MAILMAILINGZIF 71 -08 -14 -432- 5 S'rAR PO Box 706 Middlebury IN 46540 013.000 -026 INVESTMENT HENSLEY WILLIE 1819 S Williams South Bend IN 46613 GROUP V I., ,C EUGENE AND 71- 08 -14- 432 - SMITH VIC'T'OR K 1717 S Franklin South Bend IN 46613 027.000 -026 & KAREN Y ROSE LAND AND 241 E Saginaw East Lansing MI 71- 08 -14- 432 - CITY OF SOUTH 227 W .lef7erson South Bend IN 46601 006.000 -026 BEND BOARD OF GAYTON RURNO 501 Calvert South Bend IN 46613 PUBLIC WORKS G .IR &JAMIE R 71 -08 -14 -432- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 024.000 -026 S'rREET LLC Page 1 of 3 71 -08 -14 -432- GREER 4303 Ashard Dr South Bend IN 46628 026.000 -026 HARRISON 111 71 -08 -14 -431- MI CASA 53393 Peggy Av South Bend IN 46635 022.000 -026 FUNDING GROUP LLC 71 -08 -14 -432- HARBOUR 8214 Westchester Dallas TX 75225 007.000 -026 PORTFOLIO V1 LP Ste 635 71 -08 -14 -431- HERSHBERGER 5137 US 31 S South Bend IN 46614 026.000 -026 .TERRY M 71 -08 -14 -432- HILLSIDE LAND PO Box 15672 Long Beach CA 90815 010.000 -026 CORP & KENNEDY IIEAI-ING LOVE. CORP PROBLEM DEED 71 -08 -14 -432- GM26 LLC P. 0. Box 1022 South Bend IN 46624 031.000 -026 71 -08 -14 -432- I,UU CANH 1714 S William St South Bend IN 46613 005.000 -026 71 -08 -14 -478- BLOOM LEO W & 416 Calvert South Bend IN 46614 001.000 -026 DELORAS M 71 -08 -14 -482- SCHERMERHORN 713 Elizabeth St Mishawaka IN 46545 001.000 -026 DENNIS A alpt 1 71 -08 -14 -431- ARNDT MICHAEL 1713 S Williams St South Bend IN 46613 020.000 -026 L & FRANKLIN A 71 -08 -14 -432- STORIN DON P 1635 Franklin St South Bend IN 46613 025.000 -026 71- 08 -14- 432 - CONTI ROBERTO 11238 Tamiami Naples FL 34113 009.000 -026 & DAIDONE Trail E GERARDA GUISEPPA 71- 08 -14- 432 - GM213 LLC P. O. Box 1022 South Bend IN 46624 030.000 -026 71 -08 -14 -431- SBK HOLDINGS 1776 N Pive Island Fort Lauderdale FL 33322 030.000 -026 LLC Rd Ste 316 71 -08 -14 -431- HENSLEY WILLIE 1819 S Williams South Bend IN 46613 032.000 -026 EUGENE AND ELEANA 71- 08 -14- 432 - ROSE LAND AND 241 E Saginaw East Lansing MI 48823 016.000 -026 FINANCE CORP 71 -08 -14 -431- GAYTON RURNO 501 Calvert South Bend IN 46613 041.000 -026 G .IR &JAMIE R 71 -08 -14 -432- VALDEZ IRENE R 423 W Calvert St South Bend IN 46613 Page 1 of 3 PARCELSTA 018.000 -026 71- 08- 14 -432- 019MOO -026 71- 08- 14 -432- 020.000 -026 71- 08- 14 -432- 021.000 -026 71- 08- 14 -432- 017.000 -026 71- 08- 14 -431- 040.000 -026 71- 08- 14 -431- 027.000 -026 71- 08- 14 -432- 011.000 -026 71- 08- 14 -431- 033.000 -026 71- 08- 13 -303- 002.000 -026 71- 08- 14 -433- 003.000 -026 71- 08- 14 -431- 019.000 -026 71- 08- 14 -432- 003.000 -026 71- 08- 14 -431- 025.000 -026 71- 08- 14 -431- 0,1.000 -026 71- 08- 14 -432- 015.000 -026 71- 08- 14 -432- 014.000 -026 71- 08- 14 -431- 021.000 -026 71= 08- 14 -431- 024.000 -026 71- 08- 14 -431- 029.000 -026 71- 08- 14 -431- 028.000 -026 71- 08- 14 -432- 012.000 -026 71- 08- 14 -432- 002.000 -026 71- 08- 14 -432- 028.000 -026 T NAME _1 MAILINGADD MAILINGCIT AND RAMIREZ CORPORATED SYLVIA JWFROS 46613 RCIM1' LLC 405 l: Eckman St South Bend REYNA LAURA E 415 W Calvert St South Bend MADRIGAL 413 W Calvert South Bend CARLAS I, SBA OF SOUTH ARK 301 NW 38th Ave Cape Coral INVESTMENTS LLC SBA OF SOUTH ARIAS DAVID & 505 West Calvert St South Bend ZULAIMA ARIAS WARREN .LAMES 11039 Gorden Setter Osceola LLC Dr WASHINGTON 1808 S William St South Bend .IL1DY C & LESLIE C WILLIAMS IVACIC JEROME 3019 S Michigan St South Bend P *SPECIAL 46617 IN CORPORATED IN 46613 WARRANTY DEED SBA OF SOUTH 1824 S Franklin St South Bend BEND LLC SBA OF SOUTH 1824 S Franklin St South Bend BENIN LLC. MFC SOUTH 8833 Gross Pt Rd Skokie BEND HOLDINGS 308 LLC WILLIAMS 1708 S William St South Bend BARBARA) ROC1O MARIA H 1727 South South Bend Williams HENSLEY WILLIES 1817 Williams South Bend FRY BRIAN C & 522 Alabama St Mishawaka NANCY L JABKOWSKI 1814 S Williams St South Bend MA7TY C SMITH KENNETH 1715 S Williams St South Bend BARRERA .IESUS 1719 William St South Bend G LIBI -TART DAVID 523N. Cedar St. Ste Mishawaka A MENDOZA 54125 CR 5 Elkhart FELIPE WASHINGTON 1218 Sorin St South Bend JUDY C & LESLIE C 95TCE INC A 1218 Sorin St South Bend FLORIDA CORPORATION SKI-l"NS DENNIS 1725 Franklin St South Bend Rage 2 or3 MAIL MAILINGZIF IN 46614 IN 46613 IN 46613 FL 33993 IN 46613 IN 46561 IN 46613 IN 46614 IN 46613 IN 46613 IL 60077 IN 46613 IN 46613 IN 46613 IN 46544 IN 46613 IN 46613 IN 46613 . IN 46545 IN 46514 IN 46617 IN 46617 IN 46613 PARCELSTAT NAME-1 MAILINGADD MAILINGCIT MAILMAILINGZIF 71 -08 -14 -431- 13ARRIlRA.IESLJS 1719 William St South Bend IN 46613 023.000 -026 G 71 -08 -14 -432- GM213 LLC 11. O. Box 1022 South Bend IN 46624 029,000 -026 71 -08 -14 -432- MORGAN RAY 1726S William St South Bend IN 46613 008.000 -026 AND N E171 E 71 -08 -13 -303- RHOADMS 1528 Ren1i•ew Dr South Bend IN 46614 001.000 -026 CI JARLES L AND CATHERINE G RHOADES 71 -Q8 -14 -432 - 1702 S FRANKLIN 7030 W 63rd St Chicago 1L 60638 023.000 -026 STREET LLC 71- 08 -14- 432 - I,[JU CANI -I 1714 S William St South Bend IN 46613 004.000 -026 " 71 -08 -14 -432- WILLIAMS 2228 N Elmer South Bend IN 46628 001.000-026 1- R E D E R I C K 71 -08 -14 -432- 1702 S FRANKLIN 7030 W 63rd St Chicago 1L 60638 022.000 -026 ST LLC 71 -08 -14 -433- 1702S FRANKLIN 7030 W 63rd St Chicago 1L 60638 002.000 -026 ST LLC 71 -08 -13 -302- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 001.000 -026 ST LLC 71 -08 -14 -478- TEETER 1903 S Franklin St South Bend IN 46613 016.000 -026 MICHAEL .1 Page 3 ol'3 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 July 29, 2013 Area Board of Zoning Appeals Common Council 125 S. Lafayette, Suite 100 Attn: Janice South Bend, Indiana 46601 4 h Floor County City Building RE: Area Board of Zoning Appeals Meeting South Bend, IN 46601 Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, August 7, 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Michael J. Carmichael. The staff recommends that if the variance is granted, that it be granted subject to obtaining approval for a septic system on each lot. 6. Petition of David and Diane Vernasco. The staff recommends denial of the lot size variances. Approval would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. These two parcels combined are just over 17 acres, 3 acres below the minimum lot size. The petitioner's argument that the two parcels were not properly split in 1969, has no bearing or applicability relative to the three standards that need to be met for a successful variance. The immediate area around the petitioner's property is still a predominantly agricultural area (i.e. largely farmed). Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W WW.5710SEPHCO U NTYINDIANA. CO (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The petitioner is proposing to use an existing building with more than sufficient off street parking. The crematory will not adversely affect the other uses permitted in the Light Industrial District. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the surrounding district. A crematory, either by itself or in conjunction with a cemetery is a permitted use in less intense districts, like O Office District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Although crematories are not specifically addressed by City Plan, a mix of land uses along major corridors and other locations is identified on the Future Land Use Map. The Future Land Use Map identifies the west side of the corridor along Main Street as industrial. Sincerely, NI'('0 �'o ��h4 Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSEPH000NTY IND I ANA. COM AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 1.00 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 8, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Director's Crematory ABZA 8/7/13 Dear Council Members: The above referenced petition of Director's Crematory was legally advertised on July 21, 2013. The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the following action was taken: Upon a motion by Mr. Hawley, being seconded by Mr. Phipps and by a 5 -1 vote, the petition for Special Exception to allow a crematory in a "LI" District, on property located at 1731 S. Franklin St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere] , Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS GM28/DIRECTOR'S CREMATORY, LLC FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVEPLANBECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7TH Day of AUGUST, 2013. YES NO 0 MICHAEL URBANSKI 0 RANDALL MATTHYS JACK YOUNG M GERALD PHIPPS 0 ROBERT HA WLEY ABSENT JOE VELLEMAN M BRENDAN CRUMLISH A motion to send the Special Exception to the Common Council with a Favor a Recommendation and was seconded by Mr. Young. The motion carried unanimously. After hearing the evidence on the petition, the Area Board Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36 -7 -4- 918.5; therefo , the petition for Special Exception was sent To the Common Council with a Favorable Reco endation. Based on the testimony presented, the Area Boar Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Counc' th a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COM1VON COUNCIL WITH A FAVORABLE RECOMMENDATION P-, 6 -L - p, k-- V V*\ V. S5 P, ��� Na- l 3 -51 GM2B, LLC AND DIRECTOR'S CREMATORY, LLC The petition of GM2B and Director's Crematory, LLC seeking a Special Exception to allow a crematory in a "LI" District, on property located at 1731 S. Franklin Street, Portage Township. Zoned "LI ". MR. MARK GENDEL: My address is 1333 Erskine Manor Hill, South Bend, Indiana. I am a member of GMB2B, LLC. We're seeking a Special Exception on this location for a crematory to be installed in ari existing building. The crematory will not be open to the public and it would be used for funeral home use only. MR. URBANSKI: Thank you sir. I do find the information you attached very interesting. Informative and interesting. MR. PHIPPS: The building that you would be using is at the back of the property? MR. GENDEL: That is correct. MR. PHIPPS: The staff has given us a photo and I'm assuming this is the part of the building that would be used not the one up close to Franklin Street? (Mr. Phipps was pointing to a picture) MR. HAWLEY: I did visit the site and my personal opinion was that there was plenty of parking and it was very private. In fact across the street basically was commercial property and it just seem like, tome, an ideal location. MR. LYONS: We did get with the owners of the property and verified the parking calculations with the entire property and not just this use because the property does have some other uses on the rest of the property. So we did go through and coLnted up the total square footage and the number of spaces and they do meet the requirements. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MR. TERRY FROST: I live at 1817 S. William Street. We live directly behind the building that would having this crematory put in. I have here a petition with 40 people throughout the neighborhood that does not want this to come into the neighborhood because of the small children and the hazards that could come with this type of business. MR. URBANSKI: So you're basically across the alley? MR. FROST: Well not, I'm in front of that house that's across the alley. MR. URBANSKI: Okay so you sit on the west side of the street? MR. FROST: Yes and face east. So when I sit on my front porch I will see the building that they plan on cremating people in. MRS. HEATHER FROST: I live at 1817 S. William Street also. I guess my concerns are property values for our homes and the neighborhood, and the chemicals and toxins that will be, that can be released when they do cremations since one of them they will use is formaldehyde, hydrochloride and some other chemical that can be harmful. Mercury is also going to be in the environment and with where we live there are so many kids on that one block that's behind the building, that we face, it will be facing us. So our concerns are the health of the children and the toxins being released into the environment. MR. FROST: There is a foster home that is directly in front of our house which their back yard will be butted up to that building so that just tells you how many children come and go from this area where we live at and like I said we have 40 other people on Franklin Street and you talk about that it's secluded, it's not secluded, there's one building on the corner of Franklin and Calvert. And then you go into a neighborhood. People drive down past there every day. Do you want to drive past people being unloaded to be cremated? mean that's just... MRS. FROST: And the concern is that it's not secluded. And the concern is the children being exposed to that kind of thing at a young age. MR. FROST:. My thing is, would you want that in your back yard? MR. URBANSKI: And the petitioner will answer your questions. I just happen to look at one of the studies on it and it says, the average car emission ,08 as compared to diesel truck at .14, restaurants at .18, wood stove at .46, and typical state standards is at .3 9, so this is about 20% lower than state standards. MR. FROST: There's several studies that show everything. We can go on the computer and pull up one that says those numbers. We can pull one up that shows that it each body releases 5 grams of mercury in the air when it's burnt. So you figure 400 bodies a year, that's going to put our neighborhood over 1200 grams of mercury into the air when you're only supposed to consume 25. MR. URBANSKI: Okay, we'll let the petitioner answer afterwards. Are you with the petitioner? SOMEONE FROM THE AUDIENCE SAID THAT THEY WERE WITH THE MANUFACTURER OF THE CREMATION MACHINE REBUTTAL: MR. TOM KROLL: South Holland, Illinois, representing Cremation Systems. We have multiple human and animal cremation chambers installed throughout the State of Indiana. And I can address at your request the technical issues and Mark has some other location issues that he can look at as it relates to mercury, and I have handouts that I can supply to the Board. It is something that has been looked at and addressed for many years. The facts state that your likelihood of having mercury from a cremation chamber is dramatically reduced versus coal fired power plants, ready mix plants and other type of industrial locations and that the use of amalgam mercury type fillings in the teeth is on a dramatic decline. Obviously it's not being used any longer. I also got that I can hand to the Board the chemical components of cremated remains. And it does state here testing, quantification done by the TEI Analytical Inc., Niles, Illinois, where mercury on a number of cremations was at nearly imperceptible percentage levels of the cremated remains. As stated by the Board this is a use not even covered by Title 5 or the Federal government in the State of Indiana as you stated. It is up to the owners of the crematory whether they even want to file and have State of Indiana permitting. We always help the people do the State of Indiana permitting because we have third party testing on three cremations that were performed and we analyze the gases that come off the stack. The important things as you stated, particulate matter. It's only 5 /100ths of a pound per hour and again on carbon monoxide its' .20 pounds per hour. So addressing damage to the surrounding neighborhood or even the environment is extremely minimal. We have installations in Elkhart, Logansport, Dyer, Indiana, Gary, Kokomo, Akron, Indiana all within both residential areas and commercial areas that are already in place. MR. URBANSKI: Thank you very much sir. Petitioner if you wish to answer the other questions. I guess before you come up I have a question. I noticed that the building has an overhead door on the end of it. MR. GENDEL: That is correct. MR. URBANSKI: Is that intended that the hearse brings or whatever, van brings the body in is backed into the building and unloaded? MR. GENDEL: The property will be modified and that door will most likely be closed off and just an entrance door. As far as children and the viewing of the property, ultimately from the entrance on Franklin Street you would have to drive in through a gate into the building to see what was even back there. So ultimately if I pulled my vehicle in you would almost have to stop, pull in the gate to see the vehicles that would be parked in front of the existing building. From the rear where residential homes are there is no view to the property basically at all other than a concrete block wall. So the use of the property nobody would know what it was even being used for. There would be no way to identify what is in the property. The other item when we say "crematory", you're basically have a small flue that comes through the roof, so there's nothing on the property that anyone would even know what was being done there. I think, Tom what size is that ...? MR. TOM KROLL: It's 24" diameter. MR. HAWLEY: How high does it go in the air? MR. KROLL: It's 21 1/2' above the concrete floor where it's installed. MR. URBANSKI: So it's possible only 10' above or less above the building? MR. GENDEL: The ceiling of that building, I believe, is 10' inside so we're probably 12 to 14 to the roof base. MR. URBANSKI: So are you saying then if the letter had not been sent out to the residents within 300' to get this variance, most people would never know what is going on in the building? MR. URBANSKI: Do we have a second ?... Do we have a second? Dies for lack of a second. Is there any other motions? MR. HAWLEY: I'll make a motion that we send it to the Common Council with a Favorable Recommendation. MR. URBANSKI: Do we have a second? MR. PHIPPS: I'll second. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Hawley and seconded by Mr. Phipps. MRS. HENRY: Mr. Young? MR. YOUNG: Yes. MRS. HENRY: Mr. Matthys? MR. MATTHYS: No. MRS. HENRY: Mr. Phipps? MR. PHIPPS: Yes. MRS. HENRY: Mr. Hawley? MR. HAWLEY: Yes. MRS. HENRY: Mr. Crumlish? MR. CRUMLISH: Yes. MRS. HENRY: Mr. Urbanski? MR. URBANSKI: Yes. The motion carried 5 -1. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36- 7- 4- 918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION THE CHEMICAL COMPONENTS OF CREMATED REMAINS rneu !'6D CITY CLERK, SOUTH BEND, IN The results provided, with the exception of Phosphate and Sulfate, are presented as the element. However, in the body these elements are present as apart of a variety of organic and inorganic compounds. Upon cremation, most of the organic compounds are converted to the metal oxide. Depending on the conditions of cremation, some may also be converted to carbonates. The inorganic compounds may remain as phosphates, sulfates, chlorides or carbonates, or may be partially converted to oxides. The carbon from the carbonates and the oxygen from the oxides and carbonates are not included in the date presented. Those elements are not determined by the testing procedures used for this report. The precision of the testing procedure used is +/ -10% of the reported value, i.e. Phosphate reported as 47.5% may be 42.8 to 52.2% LL ru TEI Analytical, Inc. THE CHEMICAL COMPONENTS OF CREMATED REMAINS rneu !'6D CITY CLERK, SOUTH BEND, IN The results provided, with the exception of Phosphate and Sulfate, are presented as the element. However, in the body these elements are present as apart of a variety of organic and inorganic compounds. Upon cremation, most of the organic compounds are converted to the metal oxide. Depending on the conditions of cremation, some may also be converted to carbonates. The inorganic compounds may remain as phosphates, sulfates, chlorides or carbonates, or may be partially converted to oxides. The carbon from the carbonates and the oxygen from the oxides and carbonates are not included in the date presented. Those elements are not determined by the testing procedures used for this report. The precision of the testing procedure used is +/ -10% of the reported value, i.e. Phosphate reported as 47.5% may be 42.8 to 52.2% Gayle E. O'Neill, Ph.d. TEI Analytical, Inc. Niles, Illinois *PHOSPHATE 47.5% * CALCIUM 25.3% *SULFATE 11.00% * POTASSIUM 3.69% * SODIUM 1.12% * CHLORIDE 1.00% * SILICA 0.9% * ALUMINUM OXIDE 0.72% * MAGNESIUM 0.418% * IRON OXIDE 0.118% * ZINC 0.0342% * TITANIUM Oxide 0.0260% * BARIUM 0.0066% * ANTIMONY 0.0035% * CHROMIUM 0.0018% * COPPER 0.0017% * MANGANESE 0.0013% *LEAD 0.0008% * TIN 0.0005% * VANADIUM 0.0002% * BERYLLIUM <0.0001 % *MERCURY <0.00001% CANA After Burner Temperature Study Testing Results Visible Emissions: The visible emissions were evaluated every 15 seconds and rated on a scale from 0% to 100% opacity by a qualified inspector. The opacity readings for each cremation were then averaged over the six- minute period with the highest emissions. Figure 1 shows that visible emissions increased as the operating temperature increased. Comparison is given to a typical state emission limit. Particulate Matter: The results of sampling show that particulate matter emissions also increased with temperature. Overall, the emissions of particulate matter were very low. The average test results for particulate matter (shown in Figure 2) as well as the results for all of the following pollutants, are for the inlet to the scrubber. A comparison. of the emissions before and after the water scrubber showed that the device had little to no effect on the emissions of any of the pollutants. Carbon Monoxide: The levels of carbon monoxide (Figure 3) were very low for each test condition, well below the typical state standard of 100 parts per million. Nitrogen Oxides and Sulfur Dioxide: The levels of these gases (shown in Figures 4 and 5) were within acceptable limits. Hydrogen Chloride: Hydrogen chloride (HCl) is a gaseous pollutant produced by the burning of plastics or other material containing chlorine. The HCl emissions would not be expected to change with temperature. The average HCl emission for all the conditions was 0.15 pound per hour of operation. Metals: Like HCI, emissions of mercury, cadmium, and lead are not expected to vary with operating temperature. The metal of concern from crematories is mercury, which mainly comes from dental fillings. The average mercury emission was 0.23 gram per hour of operation. Dioxins and Furans: Dioxins and furans are complex compounds released from many different combustion sources. The presence of chlorine in the combustion process is an important factor for dioxin and furan formation. The test results show that the emissions of dioxins and furans went up as the temperature increased. The emissions, (shown in Figure 6) are low compared to other types of incinerators. The measurement unit is the nanogram, which is one - billionth of a gram. Conclusion: The test results show that the emissions of nearly all the tested pollutants increased when the operating temperature was raised. This indicates that there is no justification or benefit for the high operating temperatures required in many states. The results also demonstrate that crematories are capable of low emissions without the use of additional pollution control equipment. These findings should provide a positive benefit to the cremation industry as the EPA creates the new regulations. Figure 1, Test Results - Visible Emissions i Figure 2, Test Results - Particulate Matter�� to g r- Enwssinns- 0.4 Higtsl G B ! Ernissiorw a 3 k.. Min. Avg. ?ro Lb per lBctx a 2 ? Qpac�y 4 i 4° 0, 0 yeoo 14110 1000 1800 Typical 1400 1800 Fi "ace deg. F dog. F deg F Limd �( deg. F" deg. F deg. F Figure a, Test Results - Carbon Monoxide Figure 4. Test Results - Nitrogen Oxides 10Q _ r 100 so f Err115$lGtiS - a f Paris per Emissions- o 4Aiiti°n ea 40 Lb r How PB 4i 7% Oxygen 04 n rs 0 rt 05 1400 1600 1800 typical 1400 1800 1800 FlesiauraM deg- F deg. F deg. F Limit deg. F deg. F deg. F GrM Il Figure S. Test Results - Sutfur Dioxide Figure 6. Test Results - Dioxins and Furans a.t5. 014 E Emissions - Emissiorls. E Nanogreme Lb per HOUr a 1 per Minute 0 1400 1600 1800 deg -F deg.F deg F deg. F deg. F deg. F CFS-2300 Cremation Chamber from Cremation Systems= CFS -2300 Features Include: ■ Automatic operation ■ High efficiency refractory lining ■ Recessed hot hearth design accommodates large cases, 750 Ibs ■ Cremation status can be sent via email ■ Quick Change hearth tile system ■ Emission monitoring ■ Front loading and retrieval through extra -wide door ■ 150lbs per hour cremation burn rate ■ Touch- screen digital controls ■ PC -based data acquisition and storage ■ Meets all applicable NFPA and UL standards ■ Engineered for installation through an 8' door opening ■ Includes Fire Marshal monitoring system ■ Tek Marshal internet retort diagnostics, optional As W CFS -2300 Cremation Chamber Made in Illinois! The CFS -2300 has a composite refractory lining, and extra -wide 42" door opening. General Dimensions: Height: 7'71/2 " Width: 5'3" without control panel 6'4" with control panel Length: 15'4" Hearth area: 42" wide x 89" deep Door opening: 42" wide x 25" high Utility Requirements: Natural gas: 1000 Btu /cu ft 2350 CFH at 7 ° w.c. minimum Propane: 2500 Btu /cu ft 940 CFH at 11 "w.c. minimum Electrical: 208/240 VAC, 1 phase, 40 amp Refer to General Specification HS01 R -008 SINCE 1968 wG 1ND , Cremation Systems is pleased to offer the CFS -2300 cremation chamber with Fire Marshal monitoring system.q .M Optional with the CFS -2300: Tek Marshal Internet retort diagnostics. Orema-ron' _! qAP-MA TM Division of Armil CFS, Inc. 15660 South LaSalle Street South Holland, 1L 60473 708 - 339 -6810 Fax: 708 - 339 -0517 www.cremsys.com info @cremsys.com © 2009 -12, Cremation Systems CFS -2300 Cremation Chamber from Cremation Systems Features and Benefits One -step, automatic operation: The CFS -2300 utilizes advanced "Set Point Programming" to control temperature for a completely automatic cremation cycle. High efficiency refractory lining: The CFS -2300 utilizes a combination of premium firebrick, pre -cast refractory shapes and ceramic fiber insulation for a light weight, energy efficent lining. Quick Change hearth tiles: The CFS -2300 Quick Change hearth is a pre -cast refractory the system. Quick Change tiles are in stock, minimizing cremator down time by allowing for one -day hearth repair and easy sub - hearth access. Automatic pollution monitoring: The CFS -2300 opacity sensor monitors emissions, ensuring EPA requirements are met. Touch- screen digital controls: Case data stored on a flash drive can be automatically sent to any PC or smart phone via email. Remote access via the Internet: Remote access of cremator conditions via the internet for off -site monitoring and alarm notification. The CFS -2300: s Extra -wide door opening for easy loading and retrieval ■ Low overall height and weight for ease of installation • Door system features a single air - cooled viewing port, spring- loaded /self- locking door latch to ensure safety, and hydraulic cylinders for door movement. • Control panel may be left or right side mounted, or provided separate for remote installation. • Meets or exceeds all applicable NFPA and UL standards. Fire Marshal: The Fire Marshal monitoring system comes standard with the CFS -2300. Refer to Fire Marshal data sheet for additional information. Tek Marshal: Internet retort diagnostic product to identify blown fuses, tripped relays, and dirty smoke meters, without a service tech visit. Cremation Systems is a division of Armil CFS, Inc., manufacturer of high temperature process equipment since 1968. Armil CFS utilizes the finest combustion and control components, refractory and insulating materials to provide premium, high efficiency, low maintenance cremation equipment. Members of: y NM4 National Funeral Directors Association Cremation Association of North America i F DA I FHA Illinois Funeral Directors Association Illinois Cemetary & Funeral Home Association © 2009 -12, Cremation Systems t�%lernatiovc, �y4tP.Y114'" 15660 South LaSalle Street South Holland, IL 60473 708- 339 -6810 Fax 708-339-0517 Division of ArmH CFS, Inc. www.cremsys.com • info @cremsys.com RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 120 W. LASALLE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR HOFFMAN HOTEL APARTMENTS HOUSING PARTNERS, L.P. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 120 W. LaSalle Street, South Bend, Indiana, and which is more particularly described as follows: East 87.7 feet Lot 12 Original Plat of South Bend and which has Key Number 71 -08 -12 -107- 002.000 -026, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (10) ten years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6,. of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. SBDS02 RJD 316305v1 NOT APPROV/ ED -2- Member of the Common Council and Filed"' R Clerk's CEP y a nn JOHN VGORDE CITY CLERK. SOUTH am, IN Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT Indiana state law provides in Indiana Code .§ 36 -4 -7 -2 (b) that: "The city legislative body shall, by ordinance, fix the annual compensation of all elected city officers ". Indiana Code § 36 -4 -7 -2 (c) provides that: "The compensation of an elected city officer 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". This ordinance proposes a maximum 2% increase for 2014 which is consistent with the raises being proposed for other non -sworn employees of the City of South Bend. ox"nI /r as follows: Section I. The maximum salaries for the members of the South Bend Common Council in calendar year 2014 shall be established as follows: 2013 $17,581 2014 $17,933 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. i..,i- Oct-k6-/.)t Member of the Common Council John Voorde, City Clerk - 4s9ar.4: kfia3 6:-- i...i';:.. ui L :erJ Q,;.,K "v,. 2014 South Bend Common Council Salary Ordinance Page 2 READING Ct -z3 -�3 UBL €C }SEARING 1 rd READING IOT APPROVED Z�r -cRRED GASSED el / /1" c� 0(wa J')w,,aimf, on the day Of 2013. Janice Talboom, Deputy City Clerk on the day of 2013. Pete Buttigieg, Mayor City of South Bend, Indiana FFF111ed In Office s JOHN VOORDIE CITY CaRK, SOUTH 13ENL, ik Summary of South Bend Common Council Salary Ordinances Ordinance No. Date Passed Salary Year Amount 7307 -84 02 -27 -84 1985 $10,900 1986 $11,400 1987 $11,900 1988 $12,400 7911 -88 08 -29 -88 1989 $12,400 8052 -89 12 -18 -89 1990 $13,104 1991 $13,626 1992 $14,035 8306 -92 10 -26 -92 1993 $14,035 1994 $14,245 1995 $14,672 1996 $14,965 8595 -95 05 -08 -95 1997 $14,965 1998 $14,965 1999 $14,965 9043 -99 10 -11 -99 2000 $15,226 2001 $15,493 2002 $15,764 2003 $16,040 9449 -03 09 -08 -03 2004 $16,040 2005 $16,321 2006 $16,607 2007 $16,898 9775 -07 08 -13 -07 2008 $16,898 2009 $16,898* 9962 -09 09 -28 -09 2010 $16,898 10038 -10 09 -13 -10 2011 $16,898 10131 -11 11 -28 -11 2012 $17,238 10193 -12 10 -22 -12 2013 $17,581 * No ordinance was passed for the 2009 calendar year so the 2008 salary amounts continued. 1 14� \ 1 a Ln O O ^ O N O N CO � N 00 O O^ p co tO O sf t0 O n O� .-� m O tO �,.1 M to O m 1-1 f- ri M^ ^ m ai O t0 O O Ln 00 N LA r-I LA en Ln t0 N M LA M tO Y O O O O 0 O O 0 0 0 O 00 tO t0 O O O O O O O O n n O O W LLn . O Ln V M L 0 M O ^ o W o v C n^ Ln Ln 0 o to V y in 14 � 4A N N N N i v�`ni _ o co o T 0 0 0 p ° C) o oo °, o °° o ° °o a op 0 •V 00 00 Y . 00 M orai N O O 00-i N LA 00 � M OO N W e-1 00 t 00 a-I 1A rl £ 4, ei e �N e-I ei eO N 4^ A4 4^ 4^ N iA µ p 00V r- O o O O o p O 00 •3 C - 00 ei O Y N rN1 � � N 00 00 w yt M dl W r1 00 M lD. r�-1 V ul a-i 4 N AA � d h •--I * to i-1 V/ N OJ L Z. 3 N H m N •V V O a^ °o Ln ° °o l4 Y N M cn t}' O^ N� e-I P, I� M M V i tO 01 tD V F� 00 W 00 to LA e-i O iA N t0 O , p v^1 n O tT t00 W 0�0 T M ON0 00% n � j R G1 tto n t�0 O OMO 1�0 N An In N N C f0 t0 H u— t a G. L. 3 d V £. Ql m 01 M 01 m N m M a% M (A d1 Ol Cn cC G � Q d Y > Y Y Y > > > Y Y Y Y > > > > Y Y > > Y Y Y > > Y » Y Y Y Y > D » Y Y Y Y Y Y Y Y Y •� L L ;j L L 07 L L L L w Ol w w L L w v L L L (J 0) O) L Ol L L L L OJ OJ 0) 0/ L L L U N 0) Q! L L ;� OJ L L L N O1 L Oj 3 v 4,1 N 3 c 3 m 3 N 3 0 0 3 3 N 0 3 3 0 3 a 3 N V1 3 v N yj o 3 N 3 to 3 w to to 1n to to w W a Ln O O ^ O N O N CO � N 00 O O^ p co tO O sf t0 O n O� .-� m O tO �,.1 M to O m 1-1 f- ri M^ ^ m ai O t0 O O Ln 00 N LA r-I LA en Ln t0 N M LA M tO C + to ' '� V T tO M sou rN City of South Bend �� xA Common Council 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice- President Karen L. White Chairperson, Committee of the Whole Tim Scott First District September 17, 2013 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Re: Proposed 2014 Salaries for Common Council Members Dear Council Members: Henry Davis, Jr. At the September 16th Personnel and Finance Committee meeting during Second District my presentation on the proposed Common Council budget for 2014, I indicated that a 2% increase had been incorporated into next year's budget Valerie Schey for salaries for the Council. The attached ordinance sets forth that Third District proposal. Fred Ferlic Fourth District Pursuant to requests from the Council, I am also attaching the following data: David Varner Fifth District • 1 -page summary of South Bend Common Council salaries from 1985- 2013 Oliver J. Davis • 1 -page 2013 IACT Annual Salary Survey Results —Class 1 and 2 Cities Sixth District for Common Council Members as well as the Mayor & City Clerk Derek D. Dieter I request that this proposed ordinance be sent to the Personnel and Finance At Large Committee for review and recommendation, with the 2 "d reading, public Gavin Ferlic hearing and 3rd reading be set for October 14th. At Large Thank you for your consideration. Karen L. White At Large Sincerely, Derek D. Dieter Council President Attachments ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT The City Clerk serves as Clerk of the Common Council under Indiana Code § 36 -4 -6 -9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required by law; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common Council. The Common Council is required by under Indiana Code § 36 -4 -7 -2 to fix the annual compensation of all elected city officers. Indiana Code § 36- 4 -11 -4 authorizes the City Clerk to appoint "the number of deputies and employees authorized by the city legislative body." In the interest of fairness, the following ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies and employees in the City Clerk's Office. The City Clerk currently oversees a staff of four (4) which includes the Ordinance Violations Bureau. r i %r i• r rr 'rr r r r r r i i r��r r s r Section I. The annual compensation for the City Clerk of the City of South Bend, Indiana, for calendar year 2014 shall be and hereby is established at $57,157.00 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common Coun it i =•NI 2014 City Clerk Salary Page 2 Em Office of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the _day of , 2013 at o'clock m. -L3-13 1 st READING PUBLIC: HEARING 3 rd READING NOT APPROVED REFERRED PASSED Office of the City Clerk me on the _day of , 2013 at Pete Buttigieg, Mayor City of South Bend, Indiana o'clock .m. F let! fn CIerl<'j ® is CEP 17 2013 CITY CLERr,, --ti.)OTH SEND, IN Office of the City Clerk John Voorde, City Clerk September 18, 2013 Derek D. Dieter, President South Bend Common Council 4`h Floor County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: 2014 Salary Ordinance Dear President Dieter: As you are aware state law requires a separate salary ordinance for the City Clerk. Meeting that requirement this bill requesting a 2% salary increase is submitted for your consideration. Thank you in advance for your favorable consideration. Most Sincerely, John Voorde, City Clerk 455 County-City Building . 227 W. Jefferson Blvd. South Bend, Indiana 46601• 574/235 -9221 . Fax 574/235 -9173 Mary Beth Wisniewski JaniceTalboom Kareemah Fowler Chief Deputy Deputy Ordinance Violation Clerk V � A \ v) rz) - BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 36- 4 -7 -2, the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2014 at the same rate set in 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for the Mayor of the City of South Bend in calendar year 2014 shall be and hereby is established at $100,431.00. 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. a 0t in � - P-' Member, South Bend Common &ouncil Attest: City Clerk aiid Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2 , at o 'clock m. Mayor, City of South Bend, Indiana Filed iv. "Iffice C"Y CLOw" 1 st READING q PUBLIC HEARING 3 rd READHNIG NOT APPROVED REFERRED PASSED 120ON COUNTY -CITY BVIDJNG 227 W JEFPERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTrIGIEG, MAYOR PHoNE574/235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 18, 2013 Mr. Derek Dieter President, South Bend Common Council 4t' Floor, County -City Building South Bend, IN 46601 Re: Ordinance Setting the Mayor's Salary For 2014 Dear President Dieter: Attached is the 2014 salary ordinance setting the Mayor's salary. Under Indiana law, I.C. 36- 4- 7 -2(c), the Mayor's salary may not be reduced from the prior year's amount. This ordinance maintains the Mayor's 2014 salary at the 2013 rate. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Mark Neal City Controller F119d in e 2 13 I CITYCLER,-, _ ,e- �.: rt a'1�itOC3� fiu 120ON COUNTY -CiTr BLuLDiNG 227 W JEFFERSON BLVD. SouTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BU7'1TGIEG, MAYOR PHONE 574/ 235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 25, 2013 Mr. Derek Dieter President, South Bend Common Council 0h Floor, County -City Building South Bend, IN 46601 Re: Bill 4 53 -13 Attachment 2014 Salary Ordinance for Appointed Officers and Non - Bargaining Employees of the City of South Bend Dear President Dieter: On September 18, 2013 I filed Bill No. 53 -13, which is the ordinance fixing maximum salaries and wages of appointed officers and non - bargaining employees of the City of South Bend, Indiana for calendar year 2014. The detailed list of all covered job positions within the City along with the annual salary for each position was not included at the time of filing because it was not then complete. It is now attached hereto for incorporation by reference into Bill #53- 13. Section I. of the Ordinance (Maximum Compensation) refers specifically to this attachment., I will present this Ordinance (Bill #53 -13) with attachment at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Mark Neal WEfl_ ^_..�.. City Controller.R "`' .r. Wy ?�Uy dr.ei �1 0 A z a d 5 O n d y 3 annaa aannnnanaananannn nannannnnnnannannnnaannaanw N N o N N N N N co N N N N co co N N N N y N co N N co co co N _3 3 _3 _3 3 O 3 Q C2 cx C Q O. Q C1 0 0 0 0 0 -1 to N N N N N N N (` N t�1 N N t�1 N to t-n N c�1 N N 41 (c/ N C�1 �! C-n �! 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O 3 3 O 3� G_ Q <Q T 1 0, O C p A f7 ^ t^p tp O Q (� y ° a N =t �• Q t� 1j tQ o a3a R c- .5 tD C, ,' N N O 0� vi OM 3 O (7 N ni �, O y 01 = n• 0 y a OM N � A O j O A �, �°a y 1 co fOD N a O N 01 A N CDD, nei N M a a to O N 1 p 3 N O 3 tai M d p n 11b A � 1 A 0� �i a' CD T O OID IF tD to 1 to N cb R a o a° toil �D y j y O y � O O O y N O N A � RD C � IF yN m CD o e �D co 0 �I II III A . L �h- S��-o Bill No. ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non - bargaining personnel employed by the City of South Bend for the calendar year 2014. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid may be less than the maximum amounts setforth herein. This Ordinance establishes such compensation for approximately all non - bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non - bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation The maximum amounts to be paid as compensation for non - bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi- Weekly basis. Amounts by alphabetical position are set forth, as well as the annual salary for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference (a) Holidays. Holidays designated by the Board of Public Works shall govern non - bargaining employees for the calendar year 2014. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b) Vacations. Vacation for non - bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Maior Medical Insurance Program The City shall maintain a comprehensive major medical insurance program that all non bargaining employees may participate in under the rules and guidelines of the plan document. All employees receive a copy of a plan document each year. (2) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Employer's Comprehensive Maior Medical Insurance Program, The City shall pay one hundred and thirty ($130) per month ($65 biweekly) to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty ($130) payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000) for each employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum eligibility period of sixty (60) days; and that the long -term disability program requires a minimum ninety (90) day eligibility period which must be met. (e) Hiring Bonus. The Mayor, may, at his /her discretion, offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100) to four thousand dollars ($4,000). (f) Police Communication Employees. Employees working in the communications area of the Police Department will be paid stand -by beeper pay as follows: one hour of straight time pay will be paid to one employee to cover each shift each day for the one hour immediately preceding the shift change. (g) Allowances. (1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred ($500) dollars per month. (2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one - hundred ($100) per month. (i) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5- 10.2 -3 -1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. (j) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. Section III. Employee Definitions (a) Full -Time Employee. Full -time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full -time scheduled, forty (40) hours per week, or a reduced full -time schedule of thirty -two (32) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. (b) Part-Time Employee. Part -time employees are those employees who are not assigned to a full -time status and who are scheduled to work less than the City of South Bend's full -time schedule, not to exceed one thousand forty (1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits), they are not eligible for other City benefit programs with the exception of the positions listed below: All 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. Policies and Procedures Manual Availability Two (2) copies of the City's Personnel Policies and Procedures Manual and the Family and Medical Leave Act Policy shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County -City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Member of the Common Council 0i"`pr and Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, at o'clock . M. Deputy City Clerk Approved and signed by me on the _ day of 0 'clock m. 2013, at Mayor, City of South Bend, Indiana Filed in office ., BEND, IN I st READING R Z-3 PUBLIC FEARING 3 rd REAMNG NOT APPROWD DEFERRED I" SSED 120ON Comy -CiTr Bujmwr, 227 W. JEFFERSON BLvD. SOUTH BEND, INDrANA 46601 -1830 CITY OF SOUTH BEND PETE B=.GIEG, MAYOR PHoNE574 /235 -9216 FAX 574/235 -9928 DEPARTMENT OF .ADMINISTRATION AND FINANCE September 18, 2013 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: 2014 Salary Ordinance for Appointed Officers and Non - Bargaining Employees of the City of South Bend Dear President Dieter: Attached is the ordinance fixing maximum salaries and wages of appointed officers and non - bargaining employees of the City of South Bend, Indiana for calendar year 2014. This ordinance will include an attachment identifying all non - bargaining employees and officers by job title with correlating salary or wage rate for 2014. At this time, the attachment is incomplete, but will be filed separately in advance of the Council's second reading of the ordinance . This ordinance also includes an explanation of benefits provided to the designated employees. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Mark Neal City Controller Algid k ffjoe f CITY OLLI tKsi�o��.' t 1.NU, IN 13aii Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Attest: City Clerk Member of the Common CoLffi-cil &N ag and acuarl al fts tsua. Presented by me to the Mayor of the City of South Bend, Indiana on the 1 2013, at o'clock . M. Approved and signed by me on the o 'clock I n -3 1�7 A D!� � O� ?--I — k "I NIJ PUBLic NOT APPROVED REFERED PASSED FOR Deputy City Clerk day of day of , 2013, at Mayor, City of South Bend, Indiana Filed Floe CITY fjwgor- , nq 120ON CouNTY --QTY BLIILDTNG 227 W JEFFERSON BLVD. SouTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE B=GTEG, MAYOR PHONE 574/ 235 -9216 FAx 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 18, 2013 Mr. Derek Dieter President, South Bend Common Council 0' Floor, County -City Building South Bend, IN 46601 Re: Ordinance Concerning City of South Bend Teamster Wages For 2014 Dear President Dieter: . Attached is an Ordinance to be filed in Title only concerning wages and other benefits for the City of South Bend's Teamster employees in calendar year 2014. The City is engaged in the collective bargaining process at this time, but expects and hopes to have a fully negotiated collective bargaining agreement approved by the City's Teamster employees by the deadline required by Indiana law for fixing compensation of all City employees in 2014. I will then provide Council members with a substitute version of this ordinance. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Filed in, Iffice CITY Ci XRK, 4ou iii &END, IN Sincerely, Mark Neal City Controller 0o Lj- 0 Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING ORDINANCE NO. 10192 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT The last collective bargaining agreement between South Bend and the sworn members of the Fraternal Order of Police South Bend Lodge No. 36 was concluded in 2012 and resulted in the Common Council's passage of Ordinance No. 10192 -12 which fixed the annual pay and monetary fringe benefits of the members of the South Bend Police Department for Calendar years 2013 and 2014. This ordinance reaffirms for calendar year 2014 the annual pay and fringe benefits of sworn members of the South Bend Police Department including upper level policy making positions defined by Indiana Code Section 36- 8 -1 -12 as set forth in Ordinance No. 10192- 12. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual pay and fringe benefits for members of the South Bend Police Department including upper level policy making positions as defined at Indiana Code Section 36- 8 -1 -12 are hereby fixed and established for calendar year 2014 as set forth in Ordinance No. 10192 -12 which is incorporated herein by reference, and which is in all other ways affirmed. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Counci " -t V7, f and cound 80 0, Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, at o'clock M. Approved and signed by me on the o'clock M. 1 st READING (q 2'3 —l3 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Deputy City Clerk day of 2013, at Mayor, City of South Bend, Indiana (Filed in Clerk's .� 6 ZU13 JOHN `Ii:fW nit OJ CITY CLERK, SOUTH SEND, IN Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10200 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Member of the Common Counci Attest: Signilt y;;'.� 1 is only to p mlmp City Clerk Council a::a:sliQi%YU�I�, Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, at o'clock . M. Approved and signed by me on the 1,1 READING R 'i-3'( 3 PUB IC HEARING $rd READNG KOT APIP :OVED ;=;"'."FIRED )ASSED ==O XMCK m. Filed i CITY CLERK, f to-L-NH), IN Deputy City Clerk day of , 2013, at Mayor, City of South Bend, Indiana ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF TIIE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 4, SECTION 2 -13 (A) AND (B) OF THE SOUTH BEND MUNICIPAL CODE TO CONSOLIDATE THE CITY'S CODE ENFORCEMENT DEPARTMENT AND THE BUILDING DEPARTMENT INTO ONE BUILDING SERVICES DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH STATEMENT OF PURPOSE AND INTENT Under the authority of Ind. Code Section 36- 4 -9 -4, the South Bend Municipal Code at Chapter 2, Article 4, Section 2 -13 (A) (7) establishes a Code Enforcement Department and a separate Building Department as two of nine South Bend executive departments. The various functions of those two City executive departments are listed at Section 2 -13 (B) (8) and (9) of that Chapter and Article. The Indiana Code authorizes a city, upon ordinance passed by the legislative body at the recommendation of the city executive, to "terminate departments" and to "transfer to or from those departments any powers, duties, functions, or obligations." I.C.36- 4- 9 -4(d) (1) and (2). The City has reviewed the functions of the Code Enforcement and Building departments and the needs of the City and its citizens, and has concluded that a higher level of citizen service, with greater efficiencies, at reduced taxpayer cost, can be achieved by combining the two departments into one new department to be known as the "Building Services Department." The City has also considered that of the 27 largest cities within the State of Indiana, two thirds of them have consolidated their Code Enforcement and Building departments, including the cities of Indianapolis and Evansville. The experience of these cities has been positive. Additionally, South Bend has established an aggressive goal of eliminating vacant and abandoned homes, and consolidation of the Building and Code Enforcement Departments will help achieve this objective through maximizing the skill and talent of both Departments' staff. The county -wide work performed by the Building Department will continue to be done at its current high level of service. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 2, Article 4, Section 2 -13 (A) (8) and (9) of the South Bend Municipal Code is hereby amended to read as follows: Section 2.13 Departments established (A) The following executive departments are established to perform administrative functions required to fulfill the needs of the City's citizens: (8) Code Enfere°me.* Building Services Department; Section II. Chapter 2, Article 4, Section 2 -13 (B) (8) and (9) of the South Bend Municipal Code is hereby amended to read as follows: (B) In addition to functions statutorily provided, the administrative functions of the departments of the City shall be as follows: (8) Code Enf reeme * Building Services Department: (a) Substandard buildings; (b) License inspection and enforcement; (c) Environmental code enforcement; (d) Weights and measures; (e) (�- ( 9l ) BuildTng Citizen service center—.= Department; �f Building inspections and permits; Enforcement of building codes; Zoning inspection and enforcement; Board of Zoning Appeals administrative support; W Building trade licensing/registration testing and enforcement. 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. OV� 0 �x YF- Member, South Bend Common touncil Attest: �`' � i�? 4 l a " 4 n-.r, kla an City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2013, at o'clock M. Approved and signed by me on the . M. t st READING C(-L,3-0 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of day 2013, at o'clock Mayor, City of South Bend, Indiana RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1026 Corby Blvd. WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1026 Corby Blvd. in order to permit A Special Exception Use From Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: I . The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; I The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 0 �4 Member of the Common Council JJpp�,.J eV'7Y C7 d.� s7Vi: u% d8/�5 S Ct ' rl" CLERK, "U T BEND, IN 1 Area Board of Zoning Appeals City of South Bend, Indiana Five Corners LLC— Petitioner 1026 Corby Blvd South Bend, IN 46617 04 September 2013 Five Corners LLC 814 Marietta Street South Bend, IN 46601 574.233.1296 August 13, 2013 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Blvd.; Suite 100 South Bend, IN 46601 RE: Special Exception Use from Developmental Standards 1026 Corby Boulevard South Bend, IN 46617 Township: Portage Zoning Classification: Multi -Use To the Honorable Board: Five Corners LLC is hereby applying for a Special Exception Use from Developmental Standards to install non -whip antennas on an existing structure on property owned by Five Corners LLC. The Special Exception Use from Developmental Standards is as follows: 1) Applicant proposes to install non -whip cell phone antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. The existing structure is approximately thirty five (35) feet in height above grade. Legal Description 1026 Corby Boulevard additionally described as Part of Numbered Lot One (1) as shown on the Recorded Plat of Sorin's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered One (1) running thence West along the North line thereof a distance of thirty -eight (38) feet, thence South one hundred six (106) feet and nine (9) inches, thence East thirty-eight (38) feet to the East line of said Lot Numbered One (1), thence North along said East line of said lot one hundred six (106) feet and nine (9) inches to the place of beginning all within St. Joseph County, Indiana. Project Description Five Corners LLC proposes to mount cell phone antennas which are approximately five (5) feet high and two (2) feet in diameter on top of an existing structure. Related equipment will also be installed on the existing structure. _Project Location The project is in an area that is zoned multi -use. The site is adjacent to areas of high cell phone use and has access to the Metronet fiber optic network. Yours trul , J� Charles S. Hayes Managing Member Five Corners LLC GENERAL STANDARDS FOR SPECIAL EXCEPTION USES (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Special Exception Use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the compound will be securely fenced, no dangerous materials or equipment will be used at the site, and climbing rungs on the communication equipment shall be high enough off the ground to discourage intruders. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed project is a small addition to an existing structure located in a multi -use area. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and, The proposed project is located in a multi -use area that is compatible with this type of addition. The area, as is it develops, will benefit from the services that this facility will provide. (4) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan. The proposed use is compatible with the recommendations of the City of South Bend City of South Bend Comprehensive Plan because it will not place demands on public services and facilities in excess of current capacity because no sewer or water or other public services are required at the site, no additional traffic will be generated, and adequate electric service is available. The facilities are necessary to further develop the existing and new wireless as well as expand the network of users of conventional fiber optic networks such as the Metronet. Table of Contents Exhibit A. Site Plan Exhibit B. Aerial View of all Properties within 300' of Property in Petition and Names and Addresses of Property Owners within 300' of Property in Petition Exhibit C. Copy of Notice to Adjacent Property Owners & Copy of Notice of Public Hearing for Publication Exhibit D. 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(.) U �p >U >U } ��Umz )�U��U w W LL J LL J LL J m J LL J C.7 Z LL J LL J m Cn O Z Q :)z O z LL J LL J Cn Z co 00 O 00 r O LP) 0 (D 00 M r O U') 00 O N r N co c V• 'T 000 V• N O 000 M O 000 000 r O CNO 0) O M O M O r O r M M O r M M M M O r fl- M I- M V M L- M O r O r O M O M Cl M ti 00 r Cn O M O M It C) O M V' CA V' O O M 0 O (o O O CA 0 O O M O M � 00 t` co r- 00 O LO O LO O LO O lO O LO O 0 O LO O LO O LO r LO r LO O LO r LO 0 0 0 0 O LO O LO Cl LO 0 O 00 Co 00 CO 00 O 00 a0 00 0 Co Co O O 00 00 r O r O r O r O r O r O r O r O r O r O r O r O r O r O r O r O r O r O AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574/235 -9554 574/235 -5541 -Fax NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on Wednesday, the 4th day of _ September , 2013 , at 1:30 p.m. in the Council Chambers on the 4t' Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by Five Corners LLC SEEKING: A Special Exception Use from Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. ON PROPERTY COMMONLY DESCRIBED AS: 1026 Corby Blvd., South Bend, IN 46617 Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property will not receive a copy of this notice. If you know of someone who should have received notice but didn't, please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the time of the hearing. AREA BOARD OF ZONING APPEALS Carolyn A. Henry Secretary to the Board NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 4th day of September , 2013 , at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by: Five Corners LLC SEEKING: A Special Exception Use From Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. on a certain real estate in St. Joseph County, Indiana. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1026 Corby Blvd., South Bend, IN 46617 AND IS LEGALLY DESCRIBED AS FOLLOWS: Part of Numbered One (1) as shown on the Recorded Plat of Sorin's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered One (1) running thence West along the North line thereof a distance of thirty -eight (38) feet, thence South one hundred six (106) feet and nine (9) inches, thence East thirty -eight (38) feet to the East line of said Lot Numbered One (1), thence North along said East line of said lot, one hundred six feet and nine (9) inches to the place of beginning all within St. Joseph County, Indiana. Dated this 13th day of August , 2013 Area Board of Zoning Appeals fie.• ! - L! / Carolyn A. IYenry Secretary to the Board 1 4O O4P �3 IN04P �S TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. r O LL r O V t_n 0 i .J Q 4 LLJ W cic Z Q lip r� v / W (A 0 f V W F- 0 /LL LLI LU EEu UJI r V t_n 0 i .J Q 4 LLJ W cic Z Q t � I I I uj CD rr)� t�/� �( f - -t•�l T } 1 , Ire - t' •'I t��i � In� -Jt 11 P �; t I 1 �` +;t�l _ r I{ t t, I. t 4� -19 lL✓. I l� 7 - i F{ Il Sri ►� -a ,_ r y`i4` "i !I /�[r��,F.: ��' � ' { = •��� /; Fes' �(��. -�� 7�r4+� ;���� i' �Sitjl �•� j�,` [5'�'�{�`i t��9`�r51i �,tM�,!i� JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 August 26, 2013 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Common Council Attn: Janice 4th Floor County City Building South Bend, N 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, September 4, 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 3. Petition of Dean & Lucille Morehouse. The staff recommends denial of the variance. In early 2012 the petitioner inquired about subdividing their property in to multiple building lots. Staff stated we would not support the request for multiple lots or multiple access points. In June 2012, the petitioner was granted a variance from the required 20 acres to 4.86 for their 1 lot subdivision. At that time Mr. Danch stated the remainder of the property would become a non - buildable lot. Approval of this request would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSEPH COUNTY I ND I ANA. COM (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Roseland, Indiana Comprehensive Plan's future land use map has planned this area as mixed use at State Road 933, as single family residential along Pendle and as open space to the east. The extent of this development adjacent to multiple land uses should not - with the recommendations noted above - impede the orderly development and improvement to the adjacent properties. 10. Petition of Five Corners, LLC. Based on information available prior to the Board meeting, the Staff recommends that the Special Exception be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The Special Exception Use is located on an existing sign structure (billboard) that is 40' tall. If the antennas were located on a structure that was 50' tall, they would be permitted without a Special Exception. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The use is an addition accessory use compatible with the mixed use district. It should not adversely affect the future development of the adjacent area. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is located in a mixed use district that allows for a wide range of compatible uses. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. One of the objectives of The City of South Bend, Indiana Comprehensive Plan (November 2006) is to encourage the development of telecommunications infrastructure that enhances the City's level of communication and service. The special exception for the non -whip antennas is consistent with this objective. Furthermore, the zoning ordinance encourages the use of existing structures to accommodate telecommunication facilities. 11. Petition of Ruthane Donahue. Based on the information available prior to the Board meeting, the Staff recommends that the Special Use for group residence be sent to the County Council with an unfavorable recommendation. (1) The proposed use will be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Based on the number of residents stated in the petition as potentially occupying the home, and discussion with the Health and Fire Departments, the property is not adequately sized for the Special Use as proposed. In 2011, the petitioner received approval for a replacement septic system based on a 6 bedroom residence. In a letter received by the Penn Township Fire Department, they expressed multiple public safety concerns, including overgrowth and obstructions that would inhibit their ability to access the property in case of emergency. The County Engineering Department notes that the site does not provide adequate parking and that many of the parking spots shown are either not viable or would require backing out in to the public right -of -way. Not only do the concerns of these agencies pose a health and safety concern for the residence of the home, but those of surrounding properties as well. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJ OSEPHCOUNTY IND I ANA. COM AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 September 5, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Five Corners, LLC ABZA 9/4/13 Dear Council Members: The above referenced petition of Five Corners, LLC was legally advertised on August 15, 2013. The Area Board of Zoning Appeals gave it a public hearing on September 4, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow the installation of non -whip antennas on an existing structure, on property located at 1026 Corby Blvd., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, "'�114 6r---5 Mark A. Lyons Assistant Zoning Administrator MAL /cah SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FIVE CORNERS, LLC FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4TH Day of SEPTEMBER, 2013. YES NO 0 MICHAEL URBANSKI 0 RANDALL MATTHYS JACK YOUNG 0 GERALD PHIPPS ABSENT ROBERT HAWLEY JOE VELLEMAN 0 BRENDAN CRUMLISH