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Home My WebLink About01-27-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JANUARY 27, 2014 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 14 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE KAREN L. WHITE FOR DILIGENTLY SERVING AS CHAIRPERSON OF THE COMMITTEE OF THE WHOLE IN 2012 AND 2013 14 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE DEREK D. DIETER FOR DILIGENTLY SERVING AS COUNCIL PRESIDENT FROM 2009 THROUGH 2013 ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE MAYOR PETE BUTTIGIEG 6. REPORTS OF CITY OFFICES - MAYOR PETE BUTTIGIEG 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 69 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 64 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 01 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND ##408 FOR CAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY 02 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY 8. BILLS, THIRD READING TIME: BILL NO. 69 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 64 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 01 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY 02 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY 9. RESOLUTIONS BILL NO. 14 -06 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 1502/1512 MICHIGAN STREET 14 -04 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSE OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMENT FOR 1 YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND, GEAR TO SOMASCHINI NORTH AMERICA 14 -08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ENDORSING THE "SPRING FORWARD " - A COMMUNITY BEAUIFICATION INITIATIVE TO HELP DETER BLIGHT, VANDALISM AND THEFT OF VACANT AND ABANDONED BUILDINGS BY UTILIZING CREATIVE AND ARTISTIC BOARDING 14 -09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,, INDIANA, GRANTING PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF THE UNITED STATES ENVIROMENTAL PROTECTION AGENCY (EPA) 10. BILLS, FIRST READING RTT.T. NO _ 04 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 ARTICLE 2, SECTION 17 -27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON 05 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND( #404)TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT. City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis January 23, 2014 President Members of the Common Council Derek D. Dieter 4th Floor County -City Building Vice - President South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http: //w ..southbendin.gov Valerie Schey Chairperson, Committee Re: Substitute Bill No. 69 -13 Electronic Reporting Requirements for Precious of the Whole Metal Dealers, Scrap Metal Dealers, Valuable Metal Dealers, and Secondhand Stores Tim Scott First District Dear Council Members: Henry Davis, Jr. At the December 9, 2013 meeting of the Health and Public Safety Committee meeting, Second District Bill No. 69 -13 received a favorable recommendation subject to several requested Valerie Schey changes. Third District We are filing Substitute Bill No. 69 -13 would corrects various scrivener's errors and Fred Ferlic which clarifies procedures. Each of the changes has been bolded and underlined with the Fourth District changes appear on pages 2 through 4 on the attachment. Additionally, it brings the ordinance in compliance with the varicus provisions of P.L. 222 -2013 and P.L. 224 -2013 David Varner passed by the Indiana General Assembly which became effective on January 1, 2014. Fifth District Those state provisions have been listed in the footnote references in the Substitute Bill. Oliver J. Davis As noted in our November 19, 2013 cover letter and in the proposed ordinance, those Sixth District communities which have gone to electronic reporting requirements have experienced Derek D. Dieter more rapid results in recovering stolen property. The Fort Wayne Police Department has At Large used LeadsOnline since 2007. It has resulted in thousands of dollars in stolen property being recovered; and led to `shutting down a prolific burglary ring" as reported in FWPD Gavin Ferlic media releases. At Large Detective Kelly kaite of the South Bend Police Department and the Council A t.orney Karen L. White will present the t` -ii at next Monday's lieaith and Public Safety Committee and also at At Large the 7:00 p.m. Cor :cil meeting. We : ;, your support of this public safety initiative so that the Police Departmnr has in:; nforcemen, mechanisms to deter crime and hopefully prevent illeg,,- .,nsaction�. 1 cua. Most sincerely, Council Member Isar: -_, a i.ite Council Member at L..r:re Attachment o.:Acil Member Tim Scott 1" District Council Member Substitute Bill No. 69 -13 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4 -53 STATEMENT OF PURPOSE AND INTENT With the aid of the latest technology, there are much greater opportunities to track and recover stolen property. Online systems are now available where valuable personal property items such as cell phones, electronics, cameras, GPS units, construction equipment, tools, manhole covers, bronze cemetery vases, jewelry and other valuables can be identified accurately from a database and viewed by participating law enforcement agencies throughout the country. The City Administration and the South Bend Common Council believe that the proposed changes addressed in this ordinance which would require persons who own or operate businesses who deal with precious metals, scrap metal, junk, valuable metals, and secondhand stores to participate in electronic reporting of their transactions are in the best interests of the city. Such participation would enable the South Bend Police Department to have rapid electronic access to transactions from reporting businesses. By daily monitoring such information, possible criminal activity can be identified in a proactive manner. When stolen property is located, valuables may be returned to the victim of the crime by using such electronic reporting systems more quickly. The Common Council notes that the Fort Wayne Police Department has successfully used LeadsOnline since 2007. FWPD reports that by using LeadsOnline that "...police have recovered thousands of dollars in stolen property for Fort Wayne and surrounding residents... with information provided by LeadsOnline, police track down thieves, develop leads in numerous cases and make arrests." Similar success stories are reported by the New York City Police Department, the Dallas Police Department and the San Francisco Police Department just to name a few. The South Bend Police Department has recommended to the Common Council that LeadsOnline would be the best electronic reporting service available. The Council has found that "LeadsOnline is the nation's largest online investigative system used by more than 3,000 law enforcement agencies to recover stolen property and solve crimes. Each day, millions of items are added to the LeadsOnline database by businesses including second -hand stores, scrap metal recyclers, pawnshops, and Internet drop -off stores across all 50 states. Those records are instantly available to law enforcement agencies, meaning crimes can be solved in seconds, not months." LeadsOnline is compatible with the National Crime Information Center (NCIC) which is a computerized index of criminal justice information available 24/7 to federal, state and local law enforcement agencies. It is an official eBay partner and helps prevent illegal transactions on the eBay website by giving law enforcement access to their transactions. For all of these reasons, LeadsOnline is the preferred provider and is so referenced to provide the services which are in the best interests of the City of South Bend. The South Bend Common Council believes it is important for the South Bend Police Department and South Bend citizens to have available, in a timely manner for law enforcement purposes, data regarding items pawned, sold, purchased or exchanged at by businesses required to be licensed as precious metal dealers, as scrap metal dealers, junk dealers, valuable metal dealers, recycling operators, and as secondhand stores. Electronic Reporting Ordinance Page 2 Amygm &&mda/aa*Ae Ammon ai WIof the City of South Bend, Indiana, as follows: Section I. Chapter 4, Article 4, Section 4 -44 addressing Precious Metal Dealers of the South Bend Municipal Code is amended by changing paragraphs (c) and (e) to read in their entirety as follows and by adding new paragraph (i) which shall read as follows: (c) Electronic Reporting to Police and Records Required; Contents. I (1) Every dealer shall maintain a physical precious metal report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any precious metal items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, and the manufacturer (where known), and the seller's driver's license number or the number or any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear digital photographs of the items being purchased and a clear, inked or digital impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required in this section, and shall retain the physical precious metal report and information for three (3) years from the date of the last purchase recorded therein. The physical precious metal report and information can be stored, by the dealer, in either printed or digital form as long as a printed physical precious metal report is available to the police department upon request within the three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (e) Precious metals to be held before resale by dealer. All precious metals purchased by a dealer must be held for thirty (30) days in the. dealer's possession, before being resold, exchanged, melted or altered in any manner. All such precious metals must be held at the precious metal dealer's permanent ' LeadsOnline is the largest online investigative system used by law enforcement agencies to recover stolen property and solve crimes and is compatible with the National Crime Information Center (NCIC). Electronic Reporting Ordinance Page 3 place of business where the purchase occurred. If the iter s _afeh sed are held ,._ ster,.a at ., 1..eati,. other than the dealer's premises lieensed under this seetien, the leeation of these geeds and the holder's pufehase. All goods required to be held under this Section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods.2 (i) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals from any person who is under the age of eighteen (18) years. Section II. Chapter 4, Article 4, Section 4 -51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k) to read as follows: (k) Electronic Report to Police and Records Required for Inspection and Holding Requirements for Scrap Metal and /or Valuable Metals; Ferrous and /or Nonferrous Metal. (1) Every dealer or operator shall maintain a physical sales report of scrap metal and /or valuable metals. Each dealer or operator shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any scrap metal and valuable metal items, unless exempted by this section. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The data shall include the time of purchase of any article of any scrap metal and/or valuable metals and include whether any is marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, F1.9 well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph with the dealer or operator being required to make a photocopy of the photographic identification presented at the time of transaction. Every dealer or operator is further required to record the motor vehicle license number of the vehicle or conveyance that delivered the valuable metal came the address from where the valuable metal was located before being brought to the dealer or operator, and a photograph of the valuable metal being sold as well as a photograph of the person from whom the valuable metal is being purchased. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked ' Indiana Code §24 -4 -19 sets forth the State of Indiana's regulations addressing "Precious Metal Dealers" which took effect on January 1, 2014. Local regulations are supplemental to the state law provisions. ' Indiana Code §25 -37.5 sets forth the State of Indiana's regulations addressing "Dealers in Valuable Metals" which includes provisions updated by the passage of Public Law 224 - 2013.. Local regulations are supplemental to the state law provisions. Electronic Reporting Ordinance Page 4 or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) Any dealer or operator who is required to be licensed under this section and who has a record with the City of having violated any of the provisions of this section within the past calendar year, shall be required to place a hold on all ferrous and /or nonferrous metal purchased for a minimum period of one (1) five 5 business days after notification to the local law enforcement agency required by subsection above, with any additional holding period required for enforcement and investigative purposes being determined on a case by case basis by the South Bend Police Department. The license issued under this section shall specify the amount of time the items are to be held. (3) The dealer or operator shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical sales report and information for three (3) years from the date of the last purchase recorded therein. (4) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. Section III. Chapter 4, Article 4, Section 4 -53 addressing Secondhand Stores of the South Bend Municipal Code is amended by changing paragraphs (d), (e) (f) to read in their entirety as follows; and by deleting paragraph (g) in its entirety and re- lettering the paragraphs affected by this deletion: (d) License fee. The applicant for a second hand store license shall pay an annual fee of one hundred fifteen dollars to the Controller, upon approval of the Board and Police Department and issuance of the license. (e) Electronic Report to Police and Records Required; Contents. (1) Every dealer shall maintain a physical secondhand sales report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any secondhand items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The data shall include the time of purchase of any article of firearm, electronic items, appliances, equipment, tools or other item originally marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the Electronic Reporting Ordinance Page 5 inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical secondhand sales report and information for three (3) years from the date of the last purchase recorded therein. The physical precious metal report and information can be stored, by the dealer, in either printed or digital form as long as a printed physical precious metal report is available to the police department upon request within the three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (f) Secondhand Purchased Items to be Held Before Resale by Dealer. All secondhand purchased items, purchased by a dealer, must be held for fifteen (15) days in the dealer's possession, before being resold, exchanged, or altered in any manner. All such secondhand purchased items must be held at the secondhand dealer's permanent place of business where the purchase occurred. if the items purehased are held or ster-ed at a leention other than the dealer's premises lieensed under t i I . I - leeation of these goods and the heldef's identifleatien must be filed with the Paliee Chief within twenty four (24) heurs €erm the time of purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods.4 Section IV. If any section, subsection, sentence clause or phrase of this Article is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication. Council Member Karen L. White Council Member at Large of the Common Council Council Member Tim Scott I" District Council Member of the Common Council 7 John Voorde, City Clerk 4 Indiana Code § 24 -4 -14 sets forth the State of Indiana's regulations addressing "Used Jewelry Sales" which was updated by Public Law 222 -2013 effective January 1, 2014. Local regulations are supplemental to the state law provisions. Electronic Reporting Ordinance Page 6 66r'wewt by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the 2014, at o'clock . m. 9's► MOIR; I -a7-l? PUBLIC HEARING 3rd READING NOT APPROVEF REFERRED PASSED Janice Talboom, Deputy Clerk day of Pete Buttigieg Mayor City of South Bend, Indiana day of 2014 at o'clock .m. Filed in C < <,,.y. s Office JAN 2 4 2019 JOHN , CITY CLERK ,Oft lz BEND, IN 06 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (No.10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF POSITIONS AND WAGE RATE. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR � � � � iili17i151�1�My 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. Substitute Bill No. 69 -13 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTHBEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4-53 STATEMENT OF PURPOSE AND INTENT With the aid of the latest technology, there are much greater opportunities to track and recover stolen property. Online systems are now available where valuable personal property items such as cell phones, electronics, cameras, GPS units, construction equipment, tools, manhole covers, bronze cemetery vases, jewelry and other valuables can be identified accurately from a database and viewed by participating law enforcement agencies throughout the country. The City Administration and the South Bend Common Council believe that the proposed changes addressed in this ordinance which would require persons who own or operate businesses who deal with precious metals, scrap metal, junk, valuable metals, and secondhand stores to participate in electronic reporting of their transactions are in the best interests of the city. Such participation would enable the South Bend 'Police Department to have rapid electronic access to transactions from reporting businesses. By daily monitoring such information, possible criminal activity can be identified in a proactive manner. When stolen property is located, valuables may be returned to the victim of the crime by using such electronic reporting systems more quickly. The Common Council notes that the Fort Wayne Police Department has successfully used LeadsOnline since 2007. FWPD reports that by using LeadsOnline that "...police have recovered thousands of dollars in stolen property for Fort Wayne and surrounding residents... with information provided by LeadsOnline, police track down thieves, develop leads in numerous cases and make arrests." Similar success stories are reported by the New York City Police Department, the Dallas Police Department and the San Francisco Police Department just to name a few. The South Bend Police Department has recommended to the Common Council that LeadsOnline would be the best electronic reporting service available. The Council has found that "LeadsOnline is the nation's largest online investigative system used by more than 3,000 law enforcement agencies to recover stolen property and solve crimes. Each day, millions of items are added to the LeadsOnline database by businesses including second -hand stores, scrap metal recyclers, pawnshops, and Internet drop -off stores across all 50 states. Those records are instantly available to law enforcement agencies, meaning crimes can be solved in seconds, not months." LeadsOnline is compatible with the National Crime Information Center (NCIC) which is a computerized index of criminal justice information available 24/7 to federal, state and local law enforcement agencies. It is an official eBay partner and helps prevent illegal transactions on the eBay website by giving law enforcement access to their transactions. For all of these reasons, LeadsOnline is the preferred provider and is so referenced to provide the services which are in the best interests of the City of South Bend. The South Bend Common Council believes it is important for the South Bend Police Department anti South Bend citizens to have available, in a timely manner for law enforcement purposes, data regarding items pawned, sold, purchased or exchanged at by businesses required to be licensed as precious metal dealers, as scrap metal dealers, junk dealers, valuable metal dealers, recycling operators, and as secondhand stores. Electronic Reporting Ordinance Page 2 9%Q, Aff0m A9&6A aA9r *6% ammw %wmffof the City of South Bend, Indiana, as follows: Section I. Chapter 4, Article 4, Section 4 -44 addressing Precious Metal Dealers of the South Bend Municipal Code is amended by changing paragraphs (c) and (e) to read in their entirety as follows and by adding new paragraph (i) which shall read as follows: (c) Electronic Reporting to Police and Records Required; Contents.' (1) Every dealer shall maintain a physical precious metal report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any precious metal items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour Period on a daily basis The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, and the manufacturer (where known) and the seller's driver's license number or the number or any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear digital photographs of the items being purchased and a clear, inked or digital impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what RHM is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required in this section, and shall retain the physical precious metal report and information for three (3) years from the date of the last purchase recorded therein. The physical precious metal report and information can be stored, by the dealer, in either printed or digital form as long as a printed physical precious metal report is available to the police department upon request within the three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (e) Precious metals to he held before resale by dealer. All precious metals purchased by a dealer must be held for thirty (30) days in the dealer's possession, before being resold, exchanged, melted or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises 1 LeadsOnline is the largest online investigative system used by law enforcement agencies to recover stolen property and solve crimes and is compatible with the National Crime Information Center (NCIC). Electronic Reporting Ordinance Page 3 licensed under this section, the location of these goods and the holder's identification must be filed with the Police Chief within twenty -four (24) hours from the time of purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. (i) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals from any person who is under the age of eighteen (18) years. Section II. Chapter 4, Article 4, Section 4 -51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k) to read as follows: (k) Electronic Report to Police and Records Required for Inspection and Holding Requirements for Scrap Metal and /or Valuable Metals; Ferrous and /or Nonferrous Metal. (l) Every dealer or operator shall maintain a physical sales report of scrap metal and /or valuable metals. Each dealer or operator shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any scrap metal and valuable metal items, unless exempted by this section. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The data shall include the time of purchase of any article of any scrap metal and /or valuable metals and include whether any is marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) Any dealer or operator who is required to be licensed under this section and who has a record with the City of having violated any of the provisions of this section within the past calendar year, shall be required to place a hold on all ferrous and/or nonferrous metal purchased for a minimum period of one (1) business day after notification to the local law enforcement agency required by subsection above, with any additional holding period required for South Bend Police Department. The license issued under this section shall specify the amount of time the items are to be held. Electronic Reporting Ordinance Page 4 (3) The dealer or operator shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical sales report and information for three (3) years from the date of the last purchase recorded therein. (4) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. Section III. Chapter 4, Article 4, Section 4 -53 addressing Secondhand Stores of the South Bend Municipal Code is amended by changing paragraphs (d), (e) (f) to read in their entirety as follows; and by deleting paragraph (g) in its entirety and re- lettering the paragraphs affected by this deletion: (d) License fee. The applicant for a second hand store license shall pay an annual fee of one hundred fifteen dollars to the Controller, upon approval of the Board and Police Department and issuance of the license. (e) Electronic Report to Police and Records Required; Contents. (1) Every dealer shall maintain a physical secondhand sales report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any secondhand items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The data shall include the time of purchase of any article of firearm, electronic items, appliances, equipment, tools or other item originally marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the, item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical secondhand sales report and information for three (3) years from the date of the last purchase recorded therein. The Physical precious metal report and information can be stored by the dealer in either printed or digital form as long as a printed phvsical precious metal report is available to the police department uuon request within the three (3) Years from the date of the last purchase recorded therein Electronic Reporting Ordinance Page 5 (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (f) Secondhand Purchased Items to be Held Before Resale by Dealer. All secondhand purchased items, purchased by a dealer, must be held for fifteen (15) days in the dealer's possession, before being resold, exchanged, or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises licensed under this section, the location of these goods and the holder's identification must be filed with the Police Chief within twenty-four (24) hours form the time of purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. Section IV. If any section, subsection, sentence clause or phrase of this Article is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication. Council Member Karen L. White Council Member at Large of the Common Council Council Member Tim Scott 1" District Council Member of the Common Council 19-60 John Voorde, City Clerk 6%waredby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the _ day of 2014, at o'clock m. Janice Talboom, Deputy Clerk and"edby me on the _ day of 2014 at _ o'clock .m. I;- READNG PM HEAR114G ,, ^- rd READING 1.4OT APPROVED REFERRED PASSED Pete Buttigieg Mayor City of South Bend, Indiana i Filed in Clerk's C>illce h� t.Ji4 .101-0, CITY CLERK, SOU'rN BEND, IN OUT 8!� 1,1� City of South Bend Common Council • w 1865 441 County -City Building . 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter January 9, 2014 President Members of the Common Council Oliver J. Davis 40i Floor County -City Building Vice - President South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http: / /www.southbendin.gov Karen L. White Chairperson, Committee Re: Substitute Bill No. 69 -13 Electronic Reporting Requirements for Precious of the Whole Metal Dealers, Scrap Metal Dealers, Valuable Metal Dealers, and Secondhand Stores Tim Scott First District Dear Council Members: Henry Davis, Jr. At the December 9, 2013 meeting of the Health and Public Safety Committee meeting, Second District Bill No. 69 -13 received a favorable recommendation subject to several requested Valerie Schey changes. Third District We are filing Substitute Bill No. 69 -13 would corrects various scrivener's errors and Fred Ferlic which clarifies procedures. Each of the changes has been bolded and underlined with the Fourth District changes appear on pages 2 through 4 on the attachment. David Varner As noted in our November 19, 2013 cover letter and in the proposed ordinance, those Fifth District communities which have gone to electronic reporting requirements have experienced Oliver J. Davis more rapid results in recovering stolen property. For example, the Fort Wayne Police Sixth District Department has used LeadsOnline since 2007. It has resulted in thousands of dollars in stolen property being recovered; and led to "shutting down a prolific burglary ring" as Derek D. Dieter reported in FWPD wedia releases. At Large Police Chief Ron Teachman of the South Bend Police Department will present the Bill at Gavin Ferlic next Monday's Health and Public Safety Committee, along with other officers he will be At Large designating, and also at the 7:00 p.m. Council meeting. We ask for your support of this public safety initiative so that the Police Department has improved enforcement Karen L. White mechanism to deter crime and hopefully prevent illegal transactions. Thank you. At Large M t cerely, Q Council Member Karen L, White Council Member at Large Attachment Council Member Tim Scott I" District Council Member E x,1 03 ' --0 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF TIIE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CIIARGES INCREMENTALLY THROUGH 2017 STATEMENT OF PURPOSE AND INTENT On June 28, 2010 South Bend enacted a sewer rate adjustment through Ordinance #10019 -10 which set rates for the years 2010 through 2013. At this time the 2013 rates in Ordinance #10019 -10 apply to South Bend's sewer utility customers. South Bend received a National Pollution Discharge Elimination Permit ( NPDES) in conjunction with a Long Term Control Plan (LTCP) required by the federal Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) to greatly reduce combined sewage overflow (CSO) events in the St. Joseph River in compliance with the Clean Water Act. The LTCP resulted from a negotiated consent decree to resolve a complaint by EPA and IDEM alleging that South Bend had violated sections of the federal Clean Water Act. South Bend's cost of complying with the LTCP and its NPDES Permit in protecting the St. Joseph River is substantial, and South Bend has prudently planned for this remediation through 'a 20 year environmental infrastructure improvement and replacement process. The cost of river protection through improvements to the sewage utility's infrastructure is financed through sewer rates, and South Bend's current rates are inadequate to cover total EPA mandated changes to the City's sewage treatment system, as recognized in Ordinance #10019 -10. Additionally, South Bend's basic costs of operation and maintenance of its sewer utility have increased despite innovative cost savings programs initiated by the City's Environmental Services Department. The sewer rates which have been in effect for the past four years were implemented on an incremental basis to correspond with projected near future increased costs of Clean Water Act remediation, and the expected increased costs of general operation and maintenance over a four year period. The additional income to the utility will pay for improvements to separate sewers, to reduce sewage overflows to basements, and to increase capacity of the Wastewater Treatment Plant. This incremental approach to maintaining a fiscally sound sewer utility capable of complying with South Bend's federal NPDES Permit should be continued for the next four years to avert potential double digit rate hikes in the near future. The rates set forth in this ordinance remain highly competitive with those of similarly situated Indiana cities. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. Chapter 17, Article 2, Division 4, Section 17 -20 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -20. Rates established. Every person whose premises are served by said sewage works shall be charged for the service provided. These charges are established in order that the sewage works shall recover revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 17, 1984 (40 C.F.R. 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment. Section II. Chapter 17, Article 2, Division 4, Section 17 -21 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -21. Sewage rates determination. (a) Generally. For the use of the service rendered by sewage works, rates and charges shall be collected from the owners of each and every lot, parcel or real estate or building that is connected with the City sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the City of South Bend. Such rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as hereinafter provided. (b) Schedule of Rates and Charges (1) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same is measured by the water meter there in use, plus a base charge based on the size of water meter installed, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read monthly and the users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of said rates and charges shall be determined is as follows: Schedule of Rates and Charges 20-30* 2914 2042 2914 2014 2015 2016 2017 Metered Rates (per 100 cubic feet) $1-88 $2:03 $2.65 $2.89 $3.15 $3.43 Base Monthly Charge 5/8 inch meter ]$ s194 &23-69 28.14 $30.68 33.44 36.45 3/4 inch meter $226:87 $29-29 3-]-4 34.59 37.93 41.35 $45.0 7 49.12 1 inch meter 4. 34.38 "9-49 $64.84 $70.68 121H $83.97 1 1 /2inch meter 93.99 $ 14449 -- 145.52 $158.61 $172.8 9 188.45 2 inch meter $248.1 6 270.49 $294.84 $321.37 3 inch meter $566.48 $617.47 $673.04 $733.61 4 inch meter &94743 $1,006.47 $1,097.0 6 1195.79 $1,303.41 6 inch meter 1- 396.3. 1�. 3 -896b5 2-0 $2,253.41 $2,456.22 $2,677.28 $2,918.23 8 inch meter 8444 -2 $4,015.13 $4,376.5 0 4 770.38 $5,199.7 2 10 inch meter $6,263.23 $6,826.92 $7,441.34 $8,111.06 12 inch meter 9 024.3 $9,836.48 $10,721.7 7 $11,686.72 Unmetered Monthly Rate 2040* 2014 2012 2913 2014 2015 2016 2017 Per Single Family Residential Dwelling Unit $3-3 -94 $36.01- $39.23 $42.78 $46.63 iKM 155.40 $60.39 (2) For the service rendered to the City of South Bend said City shall be subject to the same rates and charges established in harmony therewith. (3) In order to recover the cost of monitoring industrial wastes, the City shall charge the user not less than $100.00 per sampling event plus the actual cost for collecting and analyzing the sample(s) as determined by the City or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in this ordinance. (c) Former Wholesale Users. (1) Billing for sewage services to previously designated Class II wholesale users shall be in accordance with the executed intermunicipal contract for wastewater treatment services, but such contracts shall not be extended after their expiration dates due to elimination of the wholesale class of users. This shall not affect authority to enter special rate contracts as provided in Section 17 -29 of this Chapter. Section III. Chapter 17, Article 2, Division 4, Section 17 -23 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -23. Heavy demand surcharge. (a) In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the City shall base its charges not only on the volume, but also on strength and character of the stronger - than- normal domestic sewage and wastes which it is required to treat and dispose of The City shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sanitary sewage system, in such manner, by such method and at such times as the City may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a central sampling point available to the City at all times. (b) Normal sewage domestic waste strength should not exceed ammonia- nitrogen in excess of twenty -five (25) milligrams per liter of fluid, suspended solids in excess of two hundred fifty (250) milligrams per liter of fluid, biochemical oxygen demand in excess of two hundred fifty (250) milligrams per liter of fluid, or phosphorus in excess of ten (10) milligrams per liter of fluid. Additional charges for treating stronger- than - normal domestic waste shall be made on the following basis: Excess Strength of Waste Surcharges - Suspended Solids (Per Pound) (Concentration Limit 250 mg/1) - Biochemical Oxygen Demand (Per Pound) (Concentration Limit 250 mg/1) - Ammonia Nitrogen (Per Pound) (Concentration Limit 25 mg/1) - Phosphorous (Per Pound) (Concentration Limit 10 mg/1) 2019* 2014 2942 2943 2014 2015 2016 2017 $0-146 $0.159 $0.173 $0.18 jq.M $0.225 0.245 JQIV $0393 $0319— `0.x- x2'29 — $0.250 SM 0.297 0.324 0.353 $1.009 $1.10 $1 -.199 $1.30 JL4L5 1.553 1.693 1.845 $;.7i $4,874 $2:043 $2.22'7 IZIL2 $2.64 6 2.884 3.144 (c) The determination of suspended solids, biochemical oxygen demand, ammonia- nitrogen, phosphorus, ammonia and COD contained in the waste shall be in accordance with the latest copy of "Standard Methods for the Examination of Water and Wastewater," as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and in accordance with "Guidelines Establishing Test Procedures for Analysis of Pollutants," 40 C.F.R. Part 136. (d) If the City and the user can agree upon the relationship between BOD and COD, then COD may be used for calculating the BOD surcharge. Section IV. Chapter 17, Article 2, Division 4, Section 17 -25 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -25 Review of rate schedule. The sewage rates and charges set forth in the preceding section 17 -21 shall be revised and adjusted for calendar year 2D14 2018 to assure adequacy in the cost of maintaining the City sewer works in sound physical and financial condition necessary to render adequate and effective service. However, until such adjustment, the sewage rates and charges in the preceding Section 17 -21 shall remain in full force and effect. Discussions between the City Administration and the Common Council concerning sewer rates for 204-4 2018 and thereafter shall commence by June 2813 2017. The Mayor and Common Council retain ultimate authority and responsibility for the operations and finances of the Municipal Utilities. Section V. This Ordinance shall be in full force and effect on January 1, 2014 after adoption by the Common Council and approval by the Mayor. VI"L Member, South Bend Common .0ouncil Attest: I City Clerk counit Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2_, at — o'clock In. City Clerk Approved and signed by me on the — day of M. PUTUC 1:rARRING 3 rd kEA,1::,'1G1 NOT APPKOVED __1 ' rci PASSED 2—, at —o'clock _. Mayor, City of South Bend, Indiana !,Wd CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS October 9, 2013 Mr. Derek Dieter President, Common Council 4th Floor, Clerk's Office County City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Dear President Dieter; Attached is an ordinance amending sections of the South Bend Municipal Code to adjust sewer rates and charges incrementally through 2017. The rates set forth in the attached Ordinance are set based on requirements of the City's approved Long Term Control Plan (LTCP) for Combined Sewer Overflows and the negotiated Consent Decree between the City of South Bend, the United States Environmental Protection Agency ( USEPA), and the Indiana Department of Environmental Management (IDEM). This Consent Decree was entered into after the USEPA and the IDEM filed a concurrent complaint alleging that the City of South Bend violated sections of the Clean Water Act, the Indiana Code, and South Bend's National Pollutant Discharge Elimination System ( NPDES) permit by discharging combined sewer overflows into waters of the United States and waters of Indiana, and that those discharges have violated and continue to violate South Bend's NPDES permit. The proposed rates will support the first phases of the City's LTCP and will fund necessary improvements to separate sewers, reduce sewage overflows to basements, and increase capacity at the Wastewater Treatment Plant. The City has engaged a financial consultant, Crowe Horwath, to prepare a Preliminary Rate and Financing Report. Please contact me with any questions that you have on the changes to the sewer rate ordinance, or the T.TCP Sincerely, Eric C. orvath, PE Public Works Director CITY Uk nC, f;m00,0( -(`f ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FORCAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY STATEMENT OF PURPOSE AND INTENT The City of South Bend through its Board of Park Commissioners entered into a Lease and Management Agreement (the Agreement) with the Potawatomi Zoological Society (PZS), effective January 1, 2014, by which the City granted to PZS all rights to manage and operate the Potawatomi Zoo for a period of five years. Among the obligations of the City of South Bend pursuant to the Agreement at Section 6.4 is to pay to PZS in calendar year 2014 the fixed, initial sum of One Hundred Fifty Thousand Dollars ($150,000) for capital improvements to the Potawatomi Zoo Premises. Additionally, at Section 6.5 of the Agreement, the City has agreed to share with PZS the cost to resurface and/or strip the existing parking lot and create an additional parking area in 2014 for the benefit of Zoo visitors as well as Potawatomi Park visitors. The net City share of the cost is Seventy Five Thousand Dollars ($75,000. Because the City's financial obligation to the PZS under the Agreement was unknown when the City's 2014 Budget was approved, it is necessary at this time to appropriate the necessary capital funds for payment to PZS, and for parking lot improvement costs in 2014 per the terms of the Agreement. This ordinance accomplishes that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of One Hundred Fifty Thousand Dollars ($150,000) be and hereby is appropriated from and set aside within Economic Development Income Tax (EDIT) Fund #408 for the purpose of payment to the Potawatomi Zoological Society (PZS) in calendar year 2014 for capital improvements to the Potawatomi Zoo premises pursuant to the terms and obligations of the Board of Park Commissioners' Lease and Management Agreement (the Agreement) with PZS. SECTION II. The additional sum of up to One Hundred Twenty Five Thousand Dollars ($125,000) be and hereby is appropriated from and set aside within Economic Development Income Tax (EDIT) Fund #408 for the purpose of improvements to and new surface of the parking lot in Potawatomi Park pursuant to the terms of the Agreement with PZS. The City shall pay all costs and expenses to complete the parking lot improvements and then shall seek reimbursement from PZS for its share of costs not to exceed Fifty Thousand Dollars ($50,000). 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. N,\jL,-T 0... 1 Member of the Common grouncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2014, at o'clock M. Approved and signed by me on the m. t rEAD' 1 -13 -I Y PUWC 44I AR!NG 3rd PIADiNG NOT APPROVED REFERRED PASSED City Clerk day of 2014, at Mayor, City of South Bend o'clock ned in C� ®rk�s f2 #aa 1 JAN CITY CLF RK, J®UTH SEND, IN 120ON COUNTY -CITY BUILDING 227W. 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 January 8, 2014 Mr. Oliver J. Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4`h Floor South Bend, Indiana 46601 RE: 2014 Potawatomi Zoo Appropriation Ordinance Dear President Davis, The City of South through its Board of Parks Commissioners entered into a Lease and Management Agreement with the Potawatomi Zoological Society (PZS) effective January 1, 2014. Among the requirements in the agreement is that the City has agreed to make a one -time initial capital contribution of $150,000 to the PZS. In addition, the City has agreed to make parking lot improvements in an amount not -to- exceed $125,000, with $50,000 reimbursed to the City by the PZS Mark Neal and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 15` reading on January 13, 2014 with 2nd reading, public hearing and 3rd reading scheduled for January 27, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, J H. Murphy City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Mark W. Neal Christal Brisco, Corporation Counsel Filed In �3erizsslc CITY CL'.P:; :3OUTH BEND, IN Fell e��y 0z) - nz-1 - ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY STATEMENT OF PURPOSE AND INTENT The City of South Bend through its Board of Park Commissioners entered into a Lease and Management Agreement (the Agreement) with the Potawatomi Zoological Society (PZS), effective January 1, 2014, by which the City granted to PZS all rights to manage and operate the Potawatomi Zoo for a period of five years. Among the obligations of the City of South Bend pursuant to the Agreement is to pay to PZS in calendar year 2014 a total contribution of $900,000.00, payable in two equal installments, the first on January 15, 2014, and the second on June 1, 2014. The City is entitled to certain credits from its annual contribution which will reduce the payment due on June 1, 2014. The amount of the contribution due June 1, 2014 will be reduced by personnel costs paid to Loaned employees who remain on the City of South Bend payroll. Because the City's financial obligation to the PZS under the Agreement was unknown when the City's 2014 Budget was approved, it is necessary at this time to transfer a not -to- exceed sum of $900,000 in monies which were originally designated as Personnel Costs within Parks and Recreation Fund #201 to Other Professional Services within Fund #201 and appropriate them for payment to PZS per the terms of the Agreement. This ordinance accomplishes that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. The not -to- exceed sum of Nine Hundred Thousand Dollars ($900,000) be and hereby is transferred within Parks and Recreation Fund #201, from Personnel Costs to Other Professional Services, and it is further appropriated and set aside therein for purpose of payment to the Potawatomi Zoological Society (PZS) in calendar year 2014 pursuant to the terms and obligations of the Board of Park Commissioners' Lease and Management Agreement with PZS. 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 oL,4,5 ntk":, ( bL Member of the Common (jouncil and courw;] C;n Presented by me to the Mayor of the City of South Bend, Indiana on the _day of , 2014, at -o'clock m. Approved and signed by me on the —M. REANNG 1—( 3-1 Y PUBLIC HEAPING 3 rd PEADING NOT APPPOVO REFEPPED PASSED City Clerk day of 2014, at o'clock Mayor, City of South Bend i Fle 'ad 971 ---- f -Te—rk1jWff1cjL joi 1?-,l vvrjeo�.: CITY CLERK, SGJTH SEND, IN 120ON 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 January 8, 2014 Mr. Oliver J. Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4d' Floor South Bend, Indiana 46601 RE: 2014 Potawatomi Zoo Budget Transfer Ordinance Dear President Davis, The City of South through its Board of Parks Commissioners entered into a Lease and Management Agreement with the Potawatomi Zoological Society (PZS) effective January 1, 2014. Among the requirements in the agreement is that the City has agreed to make a contribution of $900,000 to the PZS during 2014, payable in two installments, the first on January 15, 2014 and the second on June 1, 2014. The contribution on June 1, 2014 will be reduced by personnel costs paid by the City for Loaned employees who have remained on the City payroll. The purpose of this ordinance is to transfer up to $900,000 in the Parks & Recreation Fund 201 budget from personnel costs to other professional services to pay for this 2014 annual contribution to the PZS. Mark Neal and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 151 reading on January 13, 2014 with 2 "d reading, public hearing and 3`d reading scheduled for January 27, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, Z H. Murphy City Controller iled In Clerk's Oftic, { f JC1M;U >G«:�riCS -: CITY CLERK, sou -* 8' tti a� , IN i CC: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Mark W. Neal Christal Brisco, Corporation Counsel & (I P6, 1 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 1502/1512 Michigan 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 Cormnon 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: 1502/1512 Michigan Street in order to permit automobile sales and service in a "CB" 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 M. 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. FRESENTED Mo7 gPPRGVk�J'. ADOPTEJ -::.. Member of the Common Council Filed 1_ Iffice F. 4 tU13 CITY CLERK, :, &END, IN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 December 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 Luis A. Renteria - Morales 1502/1512 S, Michigan St, Dear Council Members: The above referenced petition of Luis A. Renteria- Morales was legally advertised on November 17, 2013. The Area Board of Zoning Appeals gave it apublic hearing on December 4, 2013, at which time the following action was taken: Upon a motion by Mr. Urbanski, being seconded by Mr. Young and by a 7 -0 vote, the petition for Special Exception to allow automobile sales and service in a "CB" District, on property located at 1502/1512 S. Michigan St., is sent to the Common Council with a Favorable Recommendation. Tire 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. Since�� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF LUIS RENTERIA- MORALES 1502/1512 S. MICHIGAN ST. SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE 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 SPECIAL 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 SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY 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 it's intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the Roseland Town Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4TH Day of DECEMBER, 2013. 'ES NO IK MICHAEL URBANSKI ❑x GERALD PHIPPS RANDALL MATTHYS ❑x BRENDAN CRUMLISH rxi JOE VELLEMAN ® JACK YOUNG rXI ROBERT HA WLEY PETITION City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 1502/1512 Michigan Avenue South Bend IN 46613 2) The property Tax Key Numbcr(s) is/are: 018- 7024 -0953 and 018 - 7024 -0953 3) Name and address of property owner(s) of the petition site: Luis A Renteria- Morales 4005 Ford Street South Bend IN 46619 4) Name and address of contingent purchaser(s), if applicable: None 5) It is desired and requested that this property be rezoned: To allow automobile sales and service in a "CB" District 6) This rezoning is requested to allow the following use(s): Automobile Sales & Service 7) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Seeking a Special Exception to allow automobile sales and service in a "CB" District would allow Mr. Renteria- Morales the opportunity to convert the existing structure into a Used Automobile dealership. 8) ) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed CB Community Business District — Automobile Sales & Service will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because it will allow the vacated building to be converted into a profitable business. (b) The proposed CB Community Business District — Automobile Sales & Service will not injure or adversely affect the use of the adjacent area or property values therein because the look and use of the property will be revitalized. Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place. (c) The proposed CB Community Business District— Automobile Sales & Service will be consistent with the character of the district in which it is located and the land uses authorized therein; and provide another business to open in South Bend. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. 9) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 10) , If, applicable, a detailed description and the purpose of the vadance(s) being requested: Variance # 1 to increase the fence height from 4' to 10' on the North side of the property and 6' to 10' on the East and South side of property. Variance #2 to change the Type B landscaping on the East and South side of the property to a privacy fence. Variance #3 to decrease the 15' parking setback on the North, West and South side of the property to 0'. Variance #4 to decrease the 20' rear residential bufferyard on the East and South to 0' for parking. Variance #5 to change Type A landscaping on the North side of the property to none. To change these variances would allow the owner of 1502/1512 Michigan Street to change the existing car wash structure into a Used Automobile dealership. 11) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community because it will allow an vacant structure to be converted into a productive business that will deter crimes such as loitering, vandalism, theft, etc. from happening on this site. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and possible increase the values as the property will not be vacant. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property because the property would not be able to be developed as the owner would like. 12) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 13) Applications for subdivisions shall be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s) of All Property owner(s) or signature of Attorney for all property Owner(s): Luis A Renteria- Morales 4005 Ford Street South Bend, IN 46619 (574) 274 -8581 CONTACT PERSON: (if different) LEGAL DESCRIPTION Lot ]0& 11 Haneys Add 10& 11 Lot 12 Haneys Add 12 - Ah` R ! k 10 %/! \)\ ! |,| !!r; f/| &G � « \� \ . .. i g SE 0 X - �- 7a i PARCELID 018- 8005 -0274 018 - 8005 -0273 018 - 8008 -0388 018- 8008 -0390 018- 7031 -1188 018- 7026 -1050 018- 7024 -0975 018 - 7024.0955 018- 8005.0270 018- 7024 -0949 018- 7024 -0948 018- 7024 -0947 OI8- 7024 -0945 018- 8005 -0263 PARCELSTAT 71- 08- 13 -156- 016.000.026 71-08-13-156 - 015.000.026 71- 08- 13 -305- 005.000 -026 71- 08.13 -305- 006.000 -026 71- 08-13 -326- 001.000 -026 71- 08- 13 -177- 001.000 -026 71- 08- 13 -180- 004.000 -026 71- 08- 13 -180- 002.000 -026 71- 08- 13 -156- 028.000.026 71- 08- 13 -180- 009.000 -026 71- 08- 13 -180- 010.000 -026 71- 08- 13 -180- 011.000 -026 71- 08- 13 -180- 012.000 -026 71- 08- 13 -156- 012.000 -026 018 -8005 -0267 71- 08- 13 -156- 025.000 -026 018- 7031 -1189 71- 08- 13 -326- 003.000 -026 018- 8005- 027802 71- 08- 13 -156- 030.000 -026 018- 7024 -0974 018 - 7024 -0973 018.7024 -0972 71- 08- 13 -180- 003.000 -026 71- 08- 13 -180- 014.000.026 71- 08- 13 -180- NAME_1 MAILINGADD MAILINGCIT ' 1530 S Main St South Bend G T AL CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC DNM c/o Dorothy Medich South Bend PROPERTIES LLC Vlit ' �' � "' '� 135 E WOODSIDE South Bend R -R ®. R Rk o � ' H 1617 Lake Meade Allen Dr G B' 1402 S Michigan St South Bend i - 1518 S Michigan St South Bend E & CXV BE R''' " "' 5215 Redbud "Ln South Bend C-01, W. 1517 S Michigan St South Bend LO Vi_�e- p 126 E. Haney South Bend LO•`YF3L'�C' 134 Haney South Bend NI Ors ' uYCF> It 136 E Haney South Bend LEr KRONEWITTER 136 E Haney St South Bend MICHAEL? CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC EL, - c . by peA.I,9Y 1431 S Michigan South Bend LB ..- a_CIA Y 1606 Michigan St South Bend CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC TURG,j 3019 S Michigan St South Bend ROSALES 1518 S Michigan St South Bend ESTANISLADO & REBECCA TD • DA`LXW 59267 South Bend Page 1 of 4 MAILMAILINGZIF IN 46624 IN 46624 IN 46614 IN 46614 TX 75002 IN 46613 IN 46613 IN 46619 IN 46613 IN 46613 IN 46613 IN 46613 IN 46613 IN 46624 IN 46613 IN 46613 IN 46624 IN 46614 IN 46613 IN 46614 PARCELID PARCELSTAT NAME 1 MAILINGADD MAILINGCIT MAILMAILINGZIF 015.000 -026 HOLLYWOOD BLVD 018- 7024 -0971 71 -08 -13 -180- 137 E IndianaAve SouthBend I N 46613 016.000 -026 x&L 018- 7024.0970 71 -08 -13 -180- H& 127 E Indiana Av South Bend IN 46613 017.000 -026.- 'I 018- 7024 -0969 71 -08 -13 -180- MOUNT CARMEL 133 -37 E Indiana South Bend IN 46613 018.000 -026 MISSIONARY Av AND BAPTIST CHURCH 018 - 7024 -0967 71 -08 -13 -180- MOUNT CARMEL 133 -37 E Indiana South Bend IN 46613 019.000 -026 MISSIONARY Av AND BAPTIST CHURCH 018- 8005.0262 71 -08 -13 -156- CHRISTIAN 1530 S Main St South Bend IN 46624 011.000 -026 CHURCH INTERNATIONAL INC 018- 7024 -0953 71 -08 -13 -180- BECERRIL 5215 Redbud Ln South Bend IN 46619 001.000 -026 MIGUEL A 018 - 7026.1060 71 -08 -13- 177- Fx- '.1' @lU1j -fv 1420 S Michigan St. South Bend 004.000 -026 IN 46613 018- 8005 -0244 71 -08 -13 -156- & 1417 S Michigan St South Bend IN 46613 022.000 - 026 ,..,. - - -- a 'CTO ' ING & CO C 018- 7031 - 118801 71 -08 -13 -326- �� E ,3' LLE.x 112 Indiana Ave South Bend IN 46613 002.000 -026' - - ORGIA R 018- 7031 -1187 71 -08 -13 -326- MOUNT CARMEL 137 E Indiana Ave South Bend IN 46613 009.000 -026 MISSIONARY BAPTIST CHURCH 018- 7031 -1186 71 -08 -13 -326- � 1 21 CJOSEPH 122 E Indiana Av South Bend IN 46613 010.000 -026 P_0 , E Iv1& liui.... T-IMO`hliY E 018- 7031 -1185 71 -08 -13 -326- CL73`,OF SOUTH Ron 1308 South Bend IN 46601 011.000 -026 ,BEND =_4 County -City `I1DIATIABOARD Building OFPUBLIC WORKS 018 - 7031 -1184 71 -08 -13 -326- i, -'fit' `"9tT(J ERTY 201 Conroy Rd Sterrett AL 35147 012.000 -026 M1NA'GENIENT 018- 7024 -0976 71 -08 -13 -180- ROSALES 1518 S Michigan St South Bend IN 46613 005.000 -026 ESTANISLADO & REBECCA 018 -8005- 027801 71- 08 -13- 156 - `FIS�I GREGORY' 25268 U S 20 W South Bend IN 46628 031.000 -026 018 - 8005 -0261 71 -08 -13 -156- CHRISTIAN 1530 S Main St South Bend IN 46624 010.000.026 CHURCH INTERNATIONAL INC 018- 8005 -0268 71 -08 -13 -156- -ELAO °COMPANY 1431 S Michigan South Bend IN 46613 026.000 -026 TLS 018- 7024 -0946 71- 08 -13- 180 - KRONEWITTER 136 E Haney St South Bend IN 46613 013.000 -026 MICHAEL 0 & LEATRICE M Page 2 of 4 PARCELID PARCELSTAT 018- 8005 -0269 71- 08- 13 -156- 027.000 -026 018.8005 -0272 71- 08- 13 -156- 014.000 -026 018 - 8005 -0276 71- 08- 13 -156- 029.000 -026 018 - 8005 -0265 71- 08- 13 -156- 013.000 -026 018 - 7024 -0952 71- 08- 13 -180- 006.000 -026 018 - 7024 -0951 71- 08- 13 -180- 007.000 -026 018- 7024 -0950 71- 08- 13 -180- 008.000 -026 018 -8005- 024601 71- 08- 13 -156- 024.000 -026 018- 8005 -0243 71- 08- 13 -156- 020.000 -026 018 - 8005 -0260 71.08- 13 -156- 009.000 -026 018 -8005- 024601 71- 08-13 -156- 024.000 -026 018 - 7026 -1048 71- 08- 13 -177- 005.000 -026 018. 7026 -1044 71- 08- 13 -177- 006.000 -026 018- 8005 -0245 71- 08- 13 -156- 023.000 -026 018 - 7026 -1059 71- 08- 13 -177- 003.000 -026 018- 7026 -1057 71- 08- 13 -177- 011.000 -026 018- 7026 -1056 71- 08- 13 -177- 012.000 -026 018 - 7026 -1055 71- 08- 13 -177- NAME-1 MAILINGADD MAILINGCIT MAILMAILINGZIF ELRO COMPANY 1431 S Michigan South Bend IN 46613 LLC CHRISTIAN 1530 S Main St South Bend IN 46624 CHURCH INTERNATIONAL INC 1517 S Michigan St South Bend 2017 S. Scott St. South Bend "+ 13715 QUITO RD Saratoga ,.' i R AP . JT /.O." - - . C b S 608 E South St South Benc rtT AY 122 E Haney St South Bend 4 WN P H ll & P 0 Box 90 South Bend GOFF HEATING & 1417 S Michigan St South Bend AIR CONDITIONING & CO INC ;< STt[7.D'EBASKER 1426 S. Main St. South Bend rO, x N0,5� - 'BEDG.CORP. TEPE ELMER H & P 0 Box 90 South Bend TEPE ROY J & DBA ELRO CO LIFE 1402 S Michigan St South Bend TREATMENT CENTERSINC CITY &V UTH 1300 City - County South Bend ,r " . -. 'BR;'�.� Building GOFF HEATING & 1417 S Michigan St South Bend AIR CONDITIONING & CO INC FULME7 CRAIG 1420 S Michigan St South Bend H ' 119 E Haney South Bend LO -WvK �IICCTOR & �B "NOTES" HINKLE 119 E Haney South Bend WILLIAM C & LOPEZ VICTOR & BARBARA SEE TRANSFER NOTES HINKLE 119 E Haney South Bend Page 3 of 4 IN 46613 IN 46613 CA 95070 IN 46601 IN 46613 IN 46624 IN 46613 IN 46613 IN 46624 IN 46613 IN 46601 IN 46613 IN 46613 IN 46613 IN 46613 IN 46613 PARCELID PARCELSTAT NAME —1 MAILINGADD MAILINGCIT MAILMAILINGZIF 013.000 -026 WILLIAM C & LOPEZ VICTOR & BARBARA SEE TRANSFER NOTES 018 - 7026 -1054 71 -08 -13 -177- 125 Haney South Bend IN 46613 014.000 -026 018 - 7026 -1053 71- 08 -13- 177 - S" 160N Summit Dr South Bend IN 46619 015.000 -026 �. r•� •CHUR ° ; 1 "C 018 - 7026 -1051 71 -08 -13 -177- SAINT LUKE 160 Summit Dr South Bend IN 46619 016.000 -026 MEMORIAL CHURCHINC 018 - 7026 -1058 71 -08 -13 -177- FULMER L CRAIG 1420 S Michigan St South Bend IN 46613 002.000 -026 018 -8005- 024301 71 -08 -13 -156- GOFF HEATING & 1417 S Michigan South Bend IN 46613 021.000 -026 AIR CONDITIONING CO Page 4 of 4 JOHN W. BYORNI A10"M EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 229 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S)4) 235 -9571 November 25, 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`I' 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. December 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. 1. Petition of Wharf Partners, LLC. When the current ordinance was developed in 2004, special consideration was given to differentiate the area of the Central Business District west of the river from the area east of the river. A maximum height of 60' was established on the east side of the river to be consistent with the existing structures and character of properties, with taller buildings allowed west of the river. In 2008, the Redevelopment Commission, Area Plan Commission, and South Bend Common Council adopted the East Bank Village Plan, Phase One. The East Bank Village Plan identifies the preferred use for this property as high density mixed -use with illustrations showing a building more consistent with the height of the adjacent Stephenson Mill and Commerce Center buildings, reinforcing the idea of limiting the overall height of development along the East Bank. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVIL LE, NEW CARLISLE, NORTH LIKE 0.T i 3 � YI OSCE. LA I Y. , RO SFLA ( D I P W WW. STf OSEPHCOUNTTINDIA NA.COM - 7. Petition of Burkhart Advertising, Inc. It is the staffs opinion that the petitioner has not illustrated a physical hardship on this particular parcel that the sign is located, that would result in practical difficulties in the use of the property. As stated in previous comments from staff on other petitions pertaining to digital signs (electronic message centers) and conversions of those signs to digital, the petitioner is on notice that, if and when the community addresses any changes to the off - premise sign requirements within the zoning ordinance, this billboard may be subject to those requirements, specifically to the luminance of the display. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 " be consistent with the character of the district in which it is located and-the- tand-uses- thorized therein; . (� The proposed use is com ible with the recommendations of the Comprehensive 8. Petition Luis A. Renteria- Morales. 1 Based on information available prior tolt Board meeting, the staff recommends that the special exception be sent to the Co n Council with a favorable recommendation. h tall recommends the eneeSia3riance be approved at a height of 8', and reminds the Boar J loner tha �.the��nce may not be erected in the site triangle between Haney Street and the north /south alley. The staff recommends that the front setback and residential bufferyard variances be approved, with the exception of along Michigan Street on the west be approved to 5', and with stripped parking spaces at 9'x20' per space with a 24' drive aisle and one parking island perpendicular to Michigan at both entrances. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The property was previously used as a car wash, an auto - oriented use. The proposed car sales is also an auto - oriented use. As a Special Exception, additional development standards can be imposed as part of the site plan in order to alleviate some of the concerns addressed by this standard. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use is located along the Michigan Street south gateway. Existing uses include car rental, engine part store, and grocery store. The proposed use will not adversely affect the use of the adjacent area or property values. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND WWW.STJOSEPH000 NTY IND IANA.COM &V 013, . -o RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMENT FOR I YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND GEAR TO SOMASCHINI NORTH AMERICA 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 4601 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # l0A as shown on the plat of "H.G. Baus Centre - Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71- 03 -21- 300 - 001.000 -009, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby reconfirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited until February 15, 2015. The Common Council hereby confirms that Somaschini North America may assume the tax abatement previously granted to South Bend Gear. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. 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. PRESENTED NOT APPROVE6.. ADOPTE0 V 1lJa 3Y- 6wj,r ( ice'' Member of the Common Co cil Filed In Clerk "s 0� fi . Ali JORN Vl9t?PIt} CITY CLERK, $QU'rN 10Eiv D, IN 227 W. JEFFERSON BOULEVARD Suiw 1400 S. Soum BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTICIEC, MAYOR COMMUNITY INVESTMENT December 31, 2013 SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Somaschini North America Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 South Bend Gear received a five year personal property abatement from the Common Council and the terms of that abatement were extended to February 14, 2014 in February of 2013. Schafer Gear Works is no longer a part of the entity. Effective December 1, 2012 South Bend Gear became a single member LLC with Somaschini as the sole member. In early 2013, the entity changed its name to Somaschini North America, LLC. Today, Somaschini North America formally requested that the abatement be transferred from South Bend Gear to Somaschini North America. In addition, Somaschini North America is now requesting that the abatement be extended to February 15, 2015. The attached letter from their CEO explains the reasons for the extension request. A representative of the company will be available to meet with the Committee on Monday, January 13, 2013. To accomplish this request, a tax abatement recipient must notify the Council in writing. Attached you will find a letter from the company's representative, Andrea Scanavini CEO, requesting the extension. Should you or any of the other Council members have any questions concerning the report or need additional information, please feel free to call me at 235 -9335. Sincerely, ZZZZ e Director Economic Resources Attachments c: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Fuld- In Ier ,s 6ffi®e aHN JOHN VOOR[DE CITY CLERK, SOIiTFI BEND, IN A5SISTANr EXECUTIVE DIRECTOR PIANNING NF.IGHBORIIOOD ENGAGEMENT ECONOMIC RFSOURCES CHRISFIE[DING JFPINKMN FAME[ C. WrElt HROCK ZEF.B OSOMASCHINI NORTH AMERICA 4601 Nimtz Parkway South Bend, IN 46628 Phone 574. 968 -0273 December 16, 2013 Janice Talboom Office of the Clerk 227 W. Jefferson Boulevard, Suite 400 S South Bend, IN 46601 -1830 s`'ri:88d in 1 CEC 2 3 zw L LR'KUCITY CC,� TH II ND, IN Re: Somaschini North America, LLC, Personal Property Tax Abatement Dear Ms. Talboom: South Bend Gear, LLC ( "SBG ") received a five -year personal property tax abatement from the South Bend Common Council (see enclosed copy of Memorandum of Agreement dated February 21, 2011 and enclosed copy of Statement of Benefits form SB -I /PP dated January 28, 2011 and related attachments). The abatement was based on the estimate that SBG would expend $15,600,000 over a two -year period ended February 14, 2013 on manufacturing equipment and related expense items. in addition, it was estimated that SBG would create at least twelve new, permanent, full - timejobs with an annual payroll estimated at $550,000 by February 15, 2012, and would create at least fourteen new, permanent, full -time jobs with an annual payroll estimated at $641,000 by February, 13, 2013. In February 2013, the time frame to meet the abatement projections was extended to February 13, 2014. In the most recent form CF- I /PP filed on May 10, 2013 (see enclosed copy of CF- I /PP), Somaschini North America, LLC (formerly known as SBG) reported actual equipment costs of $9,642,214 (compared to the total estimated commitment of $15,600,000) and actual annual payroll of $477,683 (compared to the total estimated commitment of $641,000). With the exception of $367,886 of equipment costs that were acquired in January and February of 2013, those actual amounts on the CF -1 / /PP represented the equipment costs and payroll as of December 31, 2012. Somaschini North America, LLC ( "Soma ") has continued to invest in equipment and payroll in 2013. As of November 30, 2013, Soma has made additional investments in equipment of $2,820,000 for a total investment of approximately $12,462,000 and incurred payroll in excess of $650,000. As evidenced by the investments made in equipment and payroll, Soma remains committed to its business in South Bend. However, while the payroll requirement will be met in terms of payroll dollars, it is apparent that SBG will not meet both of the original requirements of an estimated $15,600,000 of equipment by February 14, 2014 and $641,000 of payroll /26 employees by February 13, 2014. The difficulty in reaching the requirement is primarily due to four factors: 1) delays in bringing its initial manufacturing line into production; 2) delays in bringing on the second line of manufacturing; 3) transition of ownership with the departure of Schafer Gear Works, Inc. in December 2012, and 4) reduction in orders from a major customer. The initial manufacturing line is now producing at acceptable levels and the transition of ownership has been completed as of November 30, 2012. In February of this year, it was anticipated that the second line of manufacturing would begin functioning in the third quarter of this year. While the equipment has been purchased, it has not yet been placed in service due to economic factors beyond the company's control. The original filing for the personal property tax abatement was predicated on this second manufacturing line. From Soma's perspective, the second line of manufacturing is not a question of "if' but "when ". The deployment of the second manufacturing line continues to be critical to Soma's overall business plan. We understand through conversations with you that the appropriate course of action is to request an extension of time to enable Soma to meet its commitments. Accordingly, Soma hereby requests an extension of twelve months until February 14, 2015 within which to meet its commitment to invest in the manufacturing equipment and new jobs, as specified in the Memorandum of Agreement dated February 21, 2011. If the South Bend Common Council would like Soma to appear at a meeting in order for the extension to be granted, please advise of the preferred meeting date at your earliest convenience. Soma firmly believes that the extension will provide the company the necessary additional time to meet its commitments to South Bend. Soma remains firmly committed to South Bend. Thank you for your consideration. Very tr y yours, .'M And Scanav CEO Somaschini North America, LLC cc: Mr. Pete Buttigieg, Mayor City of South Bend s0'� °� WMAWHINI ' ' £pz NORTH AMERICA; DEC 23 3 4601 Nimtz Parkway South Bend, IN 46628 Phone 574 -968 -0273 C17Y CLfiRK �__,SOUTH BEND, tN December 16, 2013 Janice Talboom Office of the Clerk 227 W. Jefferson Boulevard, Suite 400 S South Bend, IN 46601 -1830 Re: Somaschini North America, LLC Personal Property Tax Abatement Formerly South Bend Gear, LLC, Personal Property Tax Abatement Dear Ms. Talboom: South Bend Gear, LLC ( "SBG ") received a five -year personal property tax abatement from the South Bend Common Council (see enclosed copy of Memorandum of Agreement dated February 21, 2011 and enclosed copy of Statement of Benefits form SB -1 /PP dated January 28, 2011 and related attachments). In February 2013, the time frame for meeting the terms of the abatement was extended to February 14, 2014 and the intent was to transfer the MOA to Somaschini North America, LLC. While the original entity that filed the Memorandum of Agreement ( "MOA ") remains the same, we have been advised that the abatement that was applied for in February 2011 needs to be transferred to Somaschini North America, LLC ( "Soma "). Thus, we are writing this letter to finalize the transfer of the abatement to Soma and to recognize that Schafer Gear Works, Inc. is no longer a part of the entity or the abatement. The original MOA was filed by Mr. Stan Blenke for SBG. SBG was formed as a two- member LLC at that time. The two members were: Soma and Schafer Gear Works, Inc. Effective December 1, 2012, SBG became a single member LLC with Soma as the sole member. In early 2013, the entity changed its name to Somaschini North America, LLC. We understand that we may need to appear before the Council to complete this request. If we need to appear at a meeting, please advise us of the preferred meeting date at your earliest convenience. We thank you for your time and consideration of this request. Very truly yours, A CEO Somaschini North America, LLC cc: Mr. Pete Buttigieg, Mayor City of South Bend STATEMENT OF BENEFITS FORM SB -1 f PP PERSONAL PROPERTY Stets rmn 51764 (R11-06) Prescribed by the Deparonent of Local Gommmenl Finance PRIVACT NOTICE T P,,R AjCYa aN�OT1sICE ery betince! aeenlsawnf4M6µ Ne INSTRUCTIONS: IC 61./- 12.14.1 c endradwN 7. This stetementmust be subatthed to the body designffift the Economic Raaana nr ,. A— -I-,— .._ _ _•• "_•�... =wyu, = "mm. wgyraor, roqurrea�rgltmEM'OFBENEFIT &(IC B- 1.1.12.!/ - '-- ''°• " °'° " " ""'ru "maeroaner ✓city 1, 1887, 2. Appmvafoffhe de*mtfngbody(City CouncU, 7bwn soeM, County Council, oh,) mustbeobtotnedprforfo ) nsf aflalimofthenewmenu feaudngegWpmenl end /arieseemh end devekpmeM equ7pmeM aM/orlog/s8cef daulbutlon equlpmaMandrorinlormatlon feohnologyequlpmenf, HEFOREe tledua7on may be approved 3. To obtain B detluc6an, a person must fl/e a cerO6ed deducNDn _ceee „r...J...._ _____ _. _ _ must and "•"•••"�•,,, =,.,,nA,•ar w ",y,,,e u,suwaneo ono... If smnal, amassa 019axfanandhasbeenobtaired. A- um on equipment and/or Me f tO formbehveen bfemh 1 and ft extended dos dote of that year. Person Who obtains ah7ing exfenalon must 4. Property, owners Whose Statement of Benefds was approved aRer June 36, 1881, must submit Form CF1 yPp ennuslly to show compl/opos with the STatementofsenafifs. #C6.1.1 -127 -6,61 6. 7710 schedules esfeblIshad under IC and (a) apply to equlpmentlnsfe6eda8er M8tchf,200f. Forequ/pmenflnsi0ed 2001, the schedul es endstatufesln eAeaaf the fhne sha6con6nue to apply. (1C 61.1- 121.4.6(Q and {gJ) pdorlo March 2, W alma?, coy, South Set JAN 2 8 ?011 2544115 South Bend Common Council Loration of propody 3849 Showedux Drive, South Bend, Indiana 46628 aunty °LBFte;atddnumhtt St. Joseph Lu See attached 2 sheets. 0 R & D Equlpmenl LDgfsl Dlst Equipment IT Equipment 0 10.00 11-2 NOTE: Pumuad to IC6.1,1- 1215.! (d) (2) the E0 COST of the Property is confidential. COST Pius estimated R & D EQUIPMENT LO E COST ASSESRm I COST Estimatedso6dWesta convened (pounds) I EstimetedharardooWa L mm ded Total employees to be hired is estimated to be 26 by the completion date. A.( • 1PA61- R EQUIPMENT COST ASSES STATEMENT OF BENEFITS 20 REAL ESTATE IMPROVEMENTS —_ PAY 20_ Stow Fomr 61T8T (R2 / i-0t) FORM SB-1 / Real Pre by the Deparunent of Local Government Finance ro pgr i This statement is being completed for real property that quelifles under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1.12.1.4) ❑ Eligible vacant building (IC INSTRUCTIONS: 1. This staremgnt must be submitted to the bodydesignating the ECpnemk Revllel1100ftArea prior to me pub/ /c hearing dNe designating boo requires I- flown horn lie appllaw"In making 8s dgNsbn about wheMer fo designate en Eten MIC ReWtallraf/onArea. Otherwise this sfetament must be submltte.to the tleaigna8ng body BEFORE the redevelopment orreheb88aeon ofreal property fa which the person wishes to claim a deducHw,, 'pro /ects'p/enned roomer afterJWy1,1987,end areas des /9 noted after July 1, 1987requireaSTATEMENTOFSENEFITS .(IC6 -1.1 -12.1) 2 Approve /olthe desigrwVng boey(C/ry COunCll, Town BOard. County Counol.ek.)mustbe obfeinedpdorro/ nieetion ofNeradeve /opment or rehabilitation. BEFOREe deduction may be approved, 3. Toobta /rte deduction, epp9caI Fonn 312 ERA?2E Or FOm] 3T2 ERAryBO, Whichever is appl /cab /e, must be filed with the Counryqud8ar byme /arer oC• (1) Mey f0; or (2) thirty (30) days efterthe.Wire ofedda(on to assessed valuation or neweS.SSUMent /s mailed to the property ownerat the address shown on tlr6 records off township assessor, a. Propady owners wnasa Statement olBenentI was approved after ✓) 30, 1991, must green a Form CF- 1A2eal Property annually to the appillafion to anew 0 pllanoe w8h fire Statement o {Benefits. 0C 67.1- 12.1 -5. f(b) end /C 6.1.1- 121-5.30)) 5. The sched0ae eNebl /shetl untlaNC 6 -1.1- 121- 4(d)lorreh86017OWPropertyand under IC 6-1.1-12.1-4.8(1) for vacant DU9dfryS eppyroanystetemem oftener epprovedonorafter ✓u /y 1, 2000. The sehedules e8ec8veprforto July 1, 2000, shall continue to apply to a slatement ofbeoefils lied before July 1.2000. Bend Gear LLC sou✓. anarer near ur -, South Bend, IN 46628 liens o /tooted person T•wpho.. ... -r !7-1 ed4reas ry® Sheryl Perry or Andrea Scanavini c, _ ®a_o _..,� _ , Bper South Bend Common Council "85gYppnn"nb8f 4085 -11 Oil -I 3 Lamtion of property County DLO coxing die tnumber 3801 Shafer Gear Dr., South Bend, IN 46628 St. Joseph 71-009 noserpbon of neat propeM improrementa. redevebpmanL or roh•Nlilason (use atlddknelshoals It necesvry) Estimated ewrt &Is(mmth, asy. year) See atfached 07 -01 -2011 0 0.00 0 sasiwe 0.00 I Number addxbrsl satede• 1 550,000.00 NOTE: Pursuant to IC 6.1.1- 12.1.5.1(d)(2) the COST of the property REAL ESTATE IMPROVEMENTS Is confidential. COST ASSESSEDVALUE Current values 0.00 0.00 Plus estimated values of reposed project 15 600 000.00 6240000.00 Lessvaluesofan ro . einil replaced 0.00 n no WE estimated values upon complotion of project 15.600.00)0 00 I 6 240 0 0, run i Estimated solid waste converted(pourtds) EsVrnWedhazado westeoonve 1 ['Ra s`.er e. - Total employees to be hired is estimated to be 26 by the completion ate. --- °"`'•- 1, AK z0fs t i CITYCLER kfist "vtt,I1..P.1.! . lit, I hereby oerti(y that the representations in this statement are true. IC.E, O. Page 1 0( 2 l V vt'x i ds� We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1- 12.1.2.5, provides for the following limitations as authorized under IC 6 -1.1- 12.1 -2. 1 S "V A . The designated area has been limited to a period of time not to exceed l calendar years ' (see below). The date this designation expires is _ jz -(c� (e s. B . The type of deduction that is allowed in the designated area is limited for 1. Installation of new manufacturing equipment; e s []No 2. Installation of new research and development equipment; Ye s 3. Installation of new logistical distribution N o equipment. ❑ Ye s 4. Installation o of new information technology equipment; []Yes � (J C. The Iam^ount of deduction applicable to new manufacturing equipment is limited to $ $ 1>JYYI.I fo j Lo t-Q.y,1t T cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of $ �—�" E . The amount of deduction applicable to new logistical distribution equipment is rrmited to $ C . .1 cost with an assessed value of F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of G Other limitations or conditions (specify) 03 1. H. The deduction for new manufacturing equipment andlor new research and deveopmert equipment and/ornew rstical distribution log equipment and/or new information technology equipment installed and first chimed eligible for deduction on or after July 1, 2000, is allowed for; ❑ 1 year 06 years " For ERA's established prior to July 1, 20110, only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑3years El years ❑4 years ❑9years A,5 years •' ❑ 10 years Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined Out the totality of benefits is sufficient to iustify the deduction described above. Oatesign¢,(rnona�,day.ywi) L31' -93L1 I -(i -C3 oesVrated body Ce5�knwn-� Ct(PvtLil do igna ng limits the to a time peen off during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is years designated under IC 6.1.1 - 12.1 -4.5 STATEMENT OF BENEFITS PERSONAL PROPERTY State Form 51764 (R 11-06) Prescribed by the Department of Local Government Finance FORM SO-1) PP PRIVACY NOTICE The cost and any speck lnd�MUafs salerykio maron{s«Malentat the balance of the anya is Public record INSTRUCTIONS: per IC 61.1- YY.7.5.1 c and d. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in mafdng its decision about whetherto designate an Economic Revitalization Area. Otherwise Cris statement must be subm)Med to the designating body BEFORE a person Installs Me new manufacturing equipmentand/ornesearoh and development equipment and/orlogis" distribution equipment and/or/nfomtation technology equipment for which the person wishes to claim a deduction. Pro)ectS- planned or committed to sterJuly 1, 1987, and areas designated after fuly 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -L1 -12.1) 2. Approval of Me designating body (City Council, Town Board, County Council, etc.) must be obtained prior to Installation of the newmonufachrring equipment and /or research and development equipment and/orlogistical distribution equipment end/orinformation technology equipment, BEFORE* deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township where the property Is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or Information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must rile the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benerds was approved after June 30, 1991, must submit Form CF -I / PP annually to show compliance with the Statement ofBene6ts. (IC 6-1.1- 12.1 -5.6) S. The schedules established under IC 6- 1.1- 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment Instilled prior to March 2, 2001, the schedules and statutes in eMact at the time shaft continue to apply. (IC 6-1.1- 12.1 -4.5(n and (g)) !q•IS•IR - - Name of taxpayer South Bend Gear, LLC Address of taxpayer (number and street, city, state, and ZlPcrode) 3849 Showerlux r JAN 2 8 20 11 Drive, South Bend, Indiana 46628 Name of contact person Telephone number Stan Blenke JOHN VOORDE ' (574) 234 -4116 SECTION • a Name of designating body Resolution n'unmber (a) South Bend Common Council Fr— r I Location of property County DLGF taxing district number 3849 Showerlux Drive, South Bend, Indiana 46628 St. Joseph 71 -009 Description of manufacturing equipment and/or research and development equipment and /or logistical distribution equipment and /or information technology equipment. ESTIMATED (use additional sheets if necessary) START DATE COMPLETION DATE See attached 2 Sheets. Manufacturing Equipment 07/01/2011 06/30/2013 R & D Equipment Logist Dist Equipment IT Equipment Cunenl number Salaries Numberretained Salaries Number additional Saledes 0 0.00 0 0.00 12 550,000.00 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE: Pursuant to IC 6.1.1- 12.1 -5.1 (d) (2) the MANUFACTURING R & D EQUIPMENT LOGIST DIST E UIPMENT fT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUED Current values VALUE o.00 o.ao 0sao.000.00 0.00o.aoo.co Plus estimated values of proposed project t Less values of any property being replaced o.00 0.00 Net estimated values upon completion of project 15,600,000.00 6.240.000 DO SECTION • s AND OTHER BENEFITS PROMISED Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits: Total employees to be hired is estimated to be 26 by the completion date. SECTION G TAXPAYER CERTIFICATION I hereby certify that the representations In this statement are true. Signature of auMorized representeWe - Title Date signed (momh, day yea0 I Manager 01/28/2011 Fl18d In Cr?Ark`,- JAN 2 2k 1/27/2011 JV machinery investment IN JV INVESTMENTS 2011 2012 2013 Total Eauioment 7/1/2011 8/1 Install Investment Comments Muratec Lathe, Soft Turning Muratec Lathe, Soft Turning Liebherr Hobbing Machine Samputensili Deburring Machine Kitamura Machining Cemter Vertical Broach Ema Lathe, Hard Turnin 9 Emag Lathe Ema Lathe, After Bushing is Press Fit Reishauer Gear Grinder Robots & Automation Marposs Controls & Ga es Washin Machine Gear Checker CMM Markin machines $489,866 489,866 792,795 200,000 425,000 110,000 527,000 527,000 527,000 1,567,384 1,324,894 140,00 400,000 255,470 145,000 40,000 $540,000 540,000 850,000 220,000 0 0 580,000 580,000 0 1,600,000 1,200,000 200,000 0 40,000 $1,029,866 1,029,866 1,642,795 420,000 425,000 110,000 1,107,000 1,107,000 527,000 3,167,384 2,524,894 1 140,000 I 600,000 255,470 145,000 80,000 2 soft turn lathes 2 soft turn lathes 2 soft turn hobbers 2 soft turn deburr 1 soft turn drilling centers 1 soft turn broaches 2 hard turn lathes 2 hard turn lathes 1 ass' lathes 2 ear lathers automation for elites a in for2lines 3washin machines 1 ear checker 4 markin machines Subtotal $7,961,275 $6,350,000 $0 $14,311,275 Total Rounded I $8,000,000 I $6,500,000 $0 $14,500,000 Fl18d In Cr?Ark`,- JAN 2 2k 1/27/2011 JV machinery investment IN C 'J N OD c\i z 'J L dadd as as ZZ a'0adaZZZd ac7 adZZZ2Z as as aaaaaa ro C U y O 0 0 0 0 o 0 0 o O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000 'O 6N, Cc C' O� O O O O O O O O O O O O O OO � 6 C' O H 16001 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000 O O O O N r N �° M N N V R E O O 00 O w Q v L n N 0 to h W O O O 6 I Q N n c I II N .J o y F c a o c N w ° G N y L E m 'C v J U y E 4 ` $ N w p d E T `x ¢ C O oE 90 E I E ro ° c_r c W O C ,mo LC 2. OI O C O E- E U O N N l0 Q N T (9 0 O t0 0 °o m O y N W LL W- a N O ID o LL C LL E °N ' 0 0 C9 U y u ° s �j ° J a LL C ° _R J V O C OO Y N N N o W a H O m J 0 2 M co xa n U�IL L c a C Q Y O 1 S2E0 O Q C 'J N OD c\i z 'J L as as aaaaaa ro C U (j�ap daaZaaadaa 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O c O O O O 00 O O Q v L n N 0 to h W O O O 6 I Q N n I I II N o y F N w W Y C v ° s E ro C U (j�ap A y E O O ° y d n Q v L n P Q R N o d O a O� O O N y L E m 'C L d L c N d C C U O` O E 4 A n ' m s ° w xm `x ¢ LL3�r a oE 90 ° c_r v) �m (a j90 Udm qz W ° ° ID o z We have reviewed our prior actions retating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1.2.5, provides for the following limitations as authorized under IC 6-1.1- 12.1 -2. A. The designated aresi teas been limited to a period of time not to exceed 2, calendar years' (see below). The date this designation expires Is— L_L`( —Z�Of3 B , The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; Yes ❑ N o 2. Installation of new research and development equipment; XYe s fNo 0 -3. Installation of new logistical distribution equipment.' FO-1 1 Yes o 4. Installation of new information technology equipment; ❑Yes rr 77 C. The amount of deduction applicable to new manufacturing equipment is limited to $ _. N �1. 41 1t cost with an assessed value of D. The amount of deduction applicable to new research and development equipment Is limited to $ cost with an assessed value of $ �` E . The amount of deduction applicable to new logistical distribution equipment is limited to $ i cost with an assessed value of F. The amount of deduction applicable to new information technology equipment Is limited to $ _ cost with an assessed value of C, Other limitations or conditions (specM. H. The deduction for new manufacturing equipment and /or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for. ❑ 1 year 06 years "• For ERA's established prior to July 1, 2000, only a 02 years 07 years 5 or 10 year schedule may be deducted. 03 years 0 years 04 years ❑ 9 years * years " ❑ 10 years •' k1so we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have leterminekthat the totality of benelits Is s�ficient to justifyVe deduction described above. Telephone number Date signed (month, day, year) L,}f- I n I De��gnated body - _- I body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is a deduction to a number of years designated under IC 6 -1.1- 12.1.4.5 Before After RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ENDORSING THE "SPRING FORWARD" — A COMMUNITY BEAUTIFICATION INITIATIVE TO HELP DETER BLIGHT, VANDALISM AND THEFT OF VACANT AND ABANDONED BUILDINGS BY UTILIZING CREATIVE AND ARTISTIC BOARDING e the South Bend Common Council notes that many communities across the nation, who are dealing with abandoned and vacant. buildings, have instituted creative programs to help improve these sites so that they would not be such eyesores and "magnets for trouble" while awaiting rehabilitative or demoltion; and N" the Common Council further notes that a Housing Court Judge in Cleveland, Ohio, began testing such a program in 2010. It required boarded up structures to be secured and have plywood panels which were painted to look like windows or doors which resulted in very few of these structures being subsequently broken into or vandalized. The program was later expanded to utilize non - profit and neighborhood organizations, and students utilizing their artistic talents; and N" last year, the City of Chicago "Safe Passage Program" received world -wide attention when volunteer artists and neighborhood associations partnered with the city so that the public could see "progress and change" through decoratively painted panels such as those depicted on the "Board -Up Art" map in the attached exhibit. The program incorporates concepts of artist Chris Toepfer, who is the President of NeighborServe, Inc., who began working on artistic board -ups as early as 1995 after he visited more than 3,000 "ghost buildings" in 17 U.S. cities. He artistically boarded up 750 of them which resulted in 90% of those structures being saved from demolition and being restored for reuse; and fie, the Common Council notes that other positive results of similar artistic boarding programs are taking place such as the one in Cincinnati through their "Future Blooms" — a project of "Keep Cincinnati Beautiful focusing on neighborhoods in transition; as well as in Milwaukee, Wisconsin and its "Artistic Board -Up Neighborhood Revitalization Initiative" which began in 2012 and is aimed at reducing the " stigma of blight caused by abandoned buildings "; and the Common Council recognizes that the Neighborhood Resources Corporation has partnered with neighbors, neighborhood associations, and local businesses to prepare to formally launch Spring Forward. A Community Beautification Initiative in early 2014 in South Bend, Indiana; and Spring Forward Artistic Boarding Resolution Page 2 March 8, 2014 has been designated as "Painting Day" where artists, committee members and volunteers will be creatively painting window and door replacements which are carefully sized and measured for identified homes. They will then be installed on "Installation Day" scheduled for March 9, 2014 in structures identified by the city in the 2013 South Bend City Report on Vacant and Abandoned Homes; and the Common Council is proud to also recognize that local artist, Chris Stackowicz, will be sharing his many talents in the Spring Forward initiative.. Chris has been instrumental in the five -year project of artfully redoing all of the entrance ways into the City of South Bend with giant beautiful murals. The 933 bridge painting which was finished last September and which can be viewed at 933bridge.com involved volunteer mural painters who used the artistic design developed by Chris and features the best of the city's architecture. Section I. The Common Council of the City of South Bend, Indiana, believes that the proposed Spring Forward. A Community Beautification Initiative will creatively and enthusiastically bring neighbors, volunteers, neighborhoods, local businesses, local artists and other vital resources together to positively make an impact throughout the City of South Bend through artistic boarding. Section II. The South Bend Common Council urges everyone to consider getting involved in this pro- active community project which will touch the lives and souls of our neighborhoods, so that they can once again flourish and grow. The Council believes that the Spring Forward. A Community Beautifcationn Initiative will provide a good temporary mechanism, until the vacant or abandoned building is either demolished or renovated, thereby limiting the current blight that it is causing in the neighborhood and helping to deter crime and vandalism. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Council Member Tim Scott, I�' District Council Member Henry Davis, Jr., 2" District Council Member Karen L, White, At Large COMM John Voorde, City Clerk PRESENTED NOT APPRO -/EUl aDOPTE�.^"° Council Member Oliver J, Davis, 6 °1 District Pete Buttigieg, Mayor of South Bend 'pied in Clerk's JOW di; C17Y CLERK, 30UTj- r 4,+r s,a Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large Filed may Clerk's ? Az .M JAW, I CITY City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 February 17, 2014 Members of the Common Council 4 °i Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http: //v ..southbendin.gov Re: Spring Forward. A Community Beautification Initiative Dear Council Members: We are very excited to introduce for your consideration and hopefully unanimous adoption the attached Resolution on Spring Forward. A Community Beautification Initiative. I am also attaching a brief 9 -page summary which gives greater details about this community -based program which utilizes artistic boarding for vacant and abandoned buildings. We have had the honor of working at the grass roots level with many dedicated individuals from the Neighborhood Resources Corporation (NRC), neighbors and neighborhood organizations, local businesses and the city who are working hard on this "neighborhood initiative designed to bring communities together to beautify their neighborhoods ". Two (2) key dates will be filled with much anticipated activity: March 8th Painting Day x March 91h Installation Day with many prior events leading up to the public unveiling of the many artistic paintings which will be a part of this overall initiative. We request that you refer this Resolution to the Residential Neighborhoods Committee so we can share more information. We ask you to join us and be part of the growing excitement and enthusiasm which is fostering the Spring Forward. A Community Beautification Initiative aimed at temporarily curbing blight and crime in our neighborhoods. Thank you. 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Q Fn a- O Q 70 =) Q co) O O m C f6 LOR C O Co CO f6 (Q C m J C (6 C C N E c: ++ O O - U c- ` c Q E a 0 O N N E Qr-. 0 70 bIIIII, CU ,Q CO cc c.) � Uo c O t� O UOi to +c—+ CO) -a o a6- C p ca L ca c E C co • U C :3 C 0 r, -0� �% N N O U c i E c O L c � v U U O O -0 � = O �• N .0 CIO Q" C O Q c0 O cn N 7 > ' N •� O � Q O O U t N C a). co - � .— v C U O O O O N a Q C r O O - 0-0 O C r � H C O O U "a `� � cii L O E CIO N c6 -p N 0 0 0 0> N N N �� p t �: CD - N p 0� t V Q M 'y - V C L N L U �_ >+ in Z O U CIO _� Q N M c6 t6 (a N N O N N E O O L "' O C O U O O O C F— m U f6 Z F- .� J cu -j N L _ Q (a .Q U -a N v 0) U cu C 1 1 L ei A, u U -% N O L Q. CD O Q� E O U N C O U 7 O O t .r O C v= O C N L " O U E O U C E E N O O U U U Y E CU tm CO Y N C O n Q O y... V = L • co ca Cc ^' U .L Cc 0 0 0 Spring Forward, a "Future Blooms" type project The mission of this project is to beautify the window and door coverings, usually made of plywood of the vacant and abandoned homes in South Bend. This is a neighborhood defined project, in which neighbors, neighborhood associations, the NRC, cstackstudios, LLC., local businesses, and the city work together to identify the abandoned homes most in need of temporary surface treatments. "The Broken Window Theory" provides a framework with proven success to address this issue of vacancy. By painting doors, windows, and awnings on the barricades of abandoned homes, Spring Forward will be able to restore a sense of identity to local neighborhoods, encourage economic development, and provide awareness of local business opportunities. Steps: 1. Meet with local neighborhoods to identify two things: local artists and homes that are most problematic within a given neighborhood. Using the services of the city we are able to identify all vacant homes and come up with a database of homes that have the potential to be used for this project. By working with neighbors, neighborhood associations and community organizations, pinpointing specific areas and homes is made possible. A web interface will be created to provide images, addresses, and specifics of each home. 2. Once the homes have been identified and each neighborhood has been both made aware of the project and invited to participate, a planning committee will be initiated. This committee will organize the homes, match them with artists and also solicit local businesses to sponsor each home. 3. Once sponsorship, artist, and home have been paired for all homes within a given neighborhood (by February 151), supplies will be gathered, and each homes specific window and door replacements will be cut to size and prepared. The initial sketches and designs for each home will be submitted to the "Spring Forward" committee for approval and finalized. 4. On Saturday, March 8, artists, committee and other volunteers will be working to make the paintings. (Media will be in attendance for both days). This local event can and should be hosted in a location relevant to each neighborhood, i.e., a place where people feel comfortable, safe and have the space to do the work. These images will be photographed and documented and accredited to the artist and their sponsoring business for records on this evening. 5. On Sunday, March 9, artists, the committee, and volunteers will install the plywood panels on each home. These will be documented and an evening celebration at a local gathering spot will be prepared. 6. Assessment, recognition, documentation, and follow up will be conducted both during and after the event. This will be conducted in tandem between neighborhood associations, the NRC and cstackstudios, LLC. Roles: a. The NRC will function as the intermediary between the artist studio, cstackstudios, LLC., neighborhood associations, and the appropriate city offices. They will coordinate the action plan, provide a 501(c) 3 status for the project, act as fiscal agent, and assist with all aspects from planning, to implementation, to advertising and to solicitation. b. cstackstudios, LLC., will function as the coordinating business that prepares the project, works with the neighbors, takes measurements, identifies and contracts local artists, approves imagery, oversees the event, and assists in its implementation, documentation and assessment. c. Local neighborhood associations will identify the most problematic areas and homes, identify local artists and those with talent, provide a common meeting and gathering space within the neighborhood and actively promote the project to other community organizations and groups. d. Local businesses will provide funding for the project and will have their logo placed somewhere visible within each painted surface, per home. They will also provide assistance and volunteers on March 8 and 9. e. The City of South Bend will provide records of available homes, permits for replacement of covering materials, and access to each abandoned or vacant home. f. Local artists will be identified and gathered and offered the opportunity to work on the project. This structure provides financial incentive for each of the artists involved. g. Volunteers will assist in preparing the surfaces, overseeing and helping with'the two - day event, and assisting in the installation of the panels. Financials: • Per house sponsorship for local businesses (either full house or just front fagade) includes supplies and materials, labor (artist fee), administration and coordination, and advertising. • Supply and materials will be determined on a per house basis. • Artists will receive $100.00 per fagade treatment per house • The NRC will receive $100.00 per house for coordination • cstackstudios, LLC., will receive $100.00 per house for administration and implementation • The local neighborhood association will receive a $100.00 donation per house for active advertisement in their neighborhood. • The average total cost per house for a front fagade is $500 • Full homes or homes with more than four front windows and a front door will be calculated and adjusted accordingly. IL 19 k� WIMP ASHLAND 0 cd: tz C2 (4. z .f I Ld \ / }k \C4 44 vs ,F. Ld About the 933 Bridge Project South Bend art studio cstackstudios was brought on to undertake the renovation and beautification of the pedestrian bridge that runs across 933 between Angela Blvd and Northshore Ave. The pedestrian bridge is the northern gateway into the city and has been due for a face -lift to better reflect the continual progress of South Bend. Over the course of the summer local artists, volunteers, and students have created a mural to enhance this entryway into the city. Artist Christopher Stackowizc highlighted local architecture in the mural to create something that incorporates the history of our Studebaker heyday and the possibilities of our future. The 933 Bridge Project is the first of several projects that are slated over the course of the next five years, designed to help with the revitalization of the area. The goal is to be able to help facilitate the physical transformation our city and its community deserve, to be the place that we all recognize it can be. With all cstackstudio projects we welcome the inclusion of local artists and volunteers as it allows individuals to take part in the enhancement of their city. We are excited to be involved as South Bend begins another stage of its continuous development in an effort to unlock its true potential. This project is one of several that developed out of the Actionable Economic Development Forum, a group of local leaders from business, city government and the Chamber of Commerce, which was convened in the spring by the Community Foundation of St. Joseph County. Together, this group of 40 worked through a process led by project consultant Nick Easley to identify specific local economic and social challenges, brainstorm solutions, and then launch fast -track pilot projects to address them — achieving significant results in a short period of time. The Actionable Economic Development Forum was made possible by the Community Foundation of St. Joseph County, the University of Notre Dame, Judd Leighton Foundation and Union Station Technology Center. /l/A//g. l y- U RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, GRANTING PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) WHEREAS, the South Bend Common Council substantially revised and amended Chapter 17, Article 2 of the South Bend Municipal Code by passing Ordinance No. 10095 -11 on June 6, 2011, to conform to the federal Model Pretreatment Ordinance published in 2007 by the federal Environmental Protection Agency (EPA); and WHEREAS, in accordance with EPA requirements, the City of South Bend has performed an evaluation of its limitations on chemical pollutants to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River, and has determined after EPA review, that certain pollutant limitations require revision. Therefore, amendments to Chapter 17, Article 2, Division 3 of the South Bend Municipal Code are necessary; and WHEREAS, a proposed ordinance amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code is attached hereto as Exhibit A which contains the changes in pollution limitations, and certain minor changes; and WHEREAS, the EPA has the power of final review and approval of any local government law or ordinance which incorporates the requirements of the federal Clean Water Act, 33 United States Code Section 1251 et seq., and the Clean Water Act's General Pretreatment Regulations, Title 40, Code of Federal Regulations [CFR] Part 403, but the EPA will not give its final approval until such an ordinance is approved by the City's legislative body; and WHEREAS, the Common Council of the City is the legislative body of the City of South Bend and now desires to preliminarily approve the proposed ordinance in order to permit the EPA to proceed with its own approval process including a period of 30 days for public comment, after which the Common Council will formally enact the attached ordinance; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The proposed ordinance amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code attached hereto as Exhibit A is hereby approved preliminarily. 2. Subject to public notice and a period of thirty days (30) to receive public comment; subject further to compliance with any other requirement of the EPA, and upon the EPA's final review and approval of the proposed attached ordinance, the South Bend Common Council will formally adopt and pass the attached ordinance pursuant to its rules of procedure. 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this day of 2014. Attest: City Clerk PRESENTED �rl— Iq NOT APPRO.YW, ADOPTEO,' r ' .. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Me —Aer of the Common Council REed ;n t 1 (U :4r i i CQ .€CFo k T� ° Z`@.=;i Exhibit A (Proposed Ordinance Amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code) (Proposed) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS STATEMENT OF PURPOSE AND INTENT On June 6, 2011 the South Bend Common Council substantially revised and amended Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to the federal Model Pretreatment Ordinance published in January 2007 by the United States Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its adoption by the Common Council, Ordinance #10095 -11 enabled South Bend to comply fully with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et se and the General Pretreatment Regulations (Title 40, Code of Federal Regulations [CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit conditions, as well as any other State and Federal laws to which a publicly owned wastewater treatment works is subject. The EPA requires South Bend to review periodically the chemical limitations of certain pollutants related to the Industrial Treatment Program to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is also necessary that the Municipal Code be amended to correct certain non - substantive errors and to make other minor changes. The substantive changes in this ordinance are subject to approval by the EPA which has reviewed the ordinance and found it to be acceptable. 1, 1416 1.7 " % NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that various sections of Chapter 17, Article 2, Division 3 shall be amended to read as follows: SECTION I. Chapter 17, Article 2, Division 3, Subsection 17 -8(c), Subparts (14) and (17), and Subsection 17 -8 (f) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -8. General purpose; prohibited discharges; discharge standards (c) Specific prohibitions. No User shall introduce or cause to be introduced certain pollutants, substances, or wastewater into any public sewers or directly or indirectly into the POTW. Those pollutants, substances or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW. The following described pollutants are expressly prohibited: (14) Any waters or wastes having a pH lower than 6.0, any waters or wastes having a pH in excess of 11.0, or having any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the publicly owned treatment works, or that interferes with any treatment process. Notwithstanding this provision, gnef:gy Corp., shall users may be authorized to discharge at a pH in excess of 11.0 but not to exceed 12.0 in keeping with its odor abatement efforts. Such authorization will be specified in the user's wastewater discharge permit. (17) Medical Wwastes, except as speei ally authorized by the Dir -eetef that are not amenable to treatment, that cause Pass Through or Interference, that may contribute to blockages in the collection system, or that create a hazard to POTW workers. The Director may require that a wastewater discharge permit be obtained in order to discharge certain medical wastes. 2 (f) Local Standards. (1) The Director is authorized to establish 1Local Limits pursuant to 40 CFR 403.5(c). (2) The following pollutant limits are established to protect against Pass Through and Interference. These 'imitations May be applied as efthe- No per-so Significant Industrial User shall discharge wastewater eerftaieing in excess of the following daily maximum discharge limitations: [0.00019) my,/L total mercury. (3) The Director may, at the Director's sole discretion, implement local limits through allocation of the Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users. The MAIL is the total daily loading of a pollutant available to be allocated to all Significant Industrial Users. MAILs for the following pollutants are hereby incorporated by reference: F 0.31 mg;l -a- Arsenic c Cadmium F7.5j rng4-c Chromium [ 1.6] mg Copper Cyanide [ 1.6] mg.4-1 Lead E (m] mg 4-m Mercury [r ] mg!rn Nickel F1.8] —mgq—s Silver [ 3.4 ]mg -z Zinc allocation in an industrial wastewater discharge permit. Sample results reported as being less than a specific reporting limit may be considered to be less than background concentrations. Background concentrations, or domestic sewage concentrations used to develon MAILs are incornorated by reference. SECTION II. Chapter 17, Article 2, Division 3, Section 17 -10, Subparts 17 -10 (k)(1), (n)(4), (p)(1), (p)(2)(b), and (w)(4) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -10. Pretreatment of industrial wastewater and permits for wastewater discharge, Board of Works powers. (k) Permit Appeals. (1) An administrative appeal from any terms of an individual wastewater discharge permit issued under this Section shall be made pursuant to Section 17 -1(e) Hof this Division, but the effectiveness of the individual wastewater discharge permit shall not be stayed pending the administrative appeal. (n) Individual Wastewater Discharge Permit Cessation, Revocation, Transfer, Reissuance. (4) The Director may revoke an individual wastewater discharge permit for good cause, which shall be subject to appeal under Section 17 -11(6)fm of this Division, but the effectiveness of revocation shall not be stayed pending administrative appeal. Reasons for permit revocation by the Director include but are not limited to the following: (p) General Standards for Reports (1) Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an n applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical, techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by EPA.The Director may require more sensitive analysis if reported pollutant concentrations are not sufficient to determine compliance with Pretreatment Standards or to determine if such Standards are necessary. (2) Sample Collection b. Except as indicated in Sections 3, c ands d below, the User must collect samples using 24 -hour flow proportional composite sampling techniques unless time - proportional composite sampling or grab sampling is authorized by the Director. Where time - proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge Using preteeels (ineluuding appropriate preser..etion) speeified in 40 Gnv Pert 136 and apprepFiate vin idanee u. —..le erel. samples eelleeted during a 24 hewn period m , be eempesited prier to labereter., analysis as f llewsi f r . nide laberatery or- in the field; fer volatile or-ganie eempounds and oil and grease, the samples y he e sited in the labereter., Grab samples met, he required to show eemplianee with Instantaneew.. hixrits. (w) Bypass (4) Bypass Prohibition (b) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in p fagrap: (a`('��is Seetio 17 1- ;- Subpart (a)(i) through (iii) above. SECTION III. Chapter 17, Article 2, Division 3, Section 17 -11, Subparts (a)(7), (c), (d)(1) and (d)(2) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -11. Administrative Enforcement Remedies, Costs, Fees, Director Reconsideration, User Appeals, Judicial Review. (a) Administrative Enforcement Remedies. (7) Termination of Discharge In addition to the provisions in Subsection (n)(4) "Revocation of Permits" of this Section 17 -10, any User who violates the following conditions is subject to discharge termination: (i) Violation of individual wastewater discharge permit conditions; (ii) Failure to accurately report the wastewater constituents and characteristics of its discharge; (iii) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; (iv) Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or (v) Violation of the Pretreatment Standards in Section 17 -8 of this Article. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this Subgsection 17 -11(e) a 3 why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User. 0 (c) Administrative Fees-Fines (d) Director Reconsideration and User Administrative Appeals (1) Actions Subject to Director Reconsideration and/or Board of Works Appeal. Any User aggrieved by a final action delegated to the Director under: (a) Subgsection 17- 10(a)(2) requiring a User to restrict the volume or point of discharge; (b) Subgsection 17- 10(a)(3) requiring a User to install a storage .or flow - control facility; (c) SubSsection 17- 10(a)(2) denying a permit transfer; or (d) Subgsection 17- 10(n)(4) revoking a permit. (e) This Section 17 -11, subsection (a), issuing any authorized Administrative Enforcement Remedy. (f) Subsection 17 -10(i) Wastewater Discharge Permit Issuance (g) Section 17 -13 Supplemental Enforcement Action may request reconsideration by the Director within fifteen (15) days of such Director action, and the Director shall have thirty (30) days from receipt of request to make. a decision related to reconsideration. If the Director fails to act within thirty (30) days from receipt of the request, or if the Director's reconsideration decision is unsatisfactory to the User requesting reconsideration, the User may appeal such decision to the Board of Public Works upon submission of a written petition for review filed with the Board of Public Works within seven (7) days after notification of the Director's decision, or if the Director fails to act, then the written petition for review shall be filed with the Board of Public Works thirty-five (35) days the date of request for Director 7 reconsideration. (2) Filing Requirements and Procedure (b) A request for Director reconsideration and a petition for appeal shall be deemed timely filed if delivered in person to the Director's office in the case of a request for reconsideration or the Board's office in the case of petition for appeal, or or L,vy glee Eenie k ----------- on; or if sent by mail, it is post - marked on or before the fifteenth (15`h) day in the case of a request for Director reconsideration, or within seven (7) or thirty -five (35) days in case of a petition to the Board for appeal as described in above Subsection 17- 11(d)(1). SECTION IV. Chapter 17, Division 3, Section 17 -13 subparts (a) and (g) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -13. Supplemental Enforcement Action (a) Penalties for Late Reports A penalty of two hundred fifty dollars ($250.00) may be assessed to any User for each day that a report required by this Division, a report required by a permit or order issued hereunder is late. -A report that is incomplete may be considered to be a late report. Actions taken by the Director to collect late reporting penalties shall not limit the Director's authority to initiate other enforcement actions that may include penalties for late reporting violations. (g) Administrative Appeal. Appeal of Director action under subparts (a) through (d) of this Section 17- 13 is subject to the terms of Section 17 -11(e) (dZof this Division specifying Director reconsideration and/ or administrative appeal. Appeal of a termination of water service under subpart (e) of this Section shall be subject to judicial review under Section 17 -1 l(d) Lelof this Division. SECTION V. —This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2_, at o'clock_.m. Approved and signed by me on the at o'clock, _.m. 0 City Clerk day of 2 Mayor, City of South Bend, Indiana (Proposed) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS STATEMENT OF PURPOSE AND INTENT On June 6, 2011 the South Bend Common Council substantially revised and amended Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to the federal Model Pretreatment Ordinance published in January 2007 by the United States Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its adoption by the Common Council, Ordinance #10095 -11 enabled South Bend to comply fully with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et se q. and the General Pretreatment Regulations (Title 40, Code of Federal Regulations [CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit conditions, as well as any other State and Federal laws to which a publicly owned wastewater treatment works is subject. The EPA requires South Bend to review periodically the chemical limitations of certain pollutants related to the Industrial Treatment Program to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is also necessary that the Municipal Code be amended to correct certain non - substantive errors and to make other minor changes. The substantive changes in this ordinance are subject to approval by the EPA which has reviewed the ordinance and found it to be acceptable. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that various sections of Chapter 17, Article 2, Division 3 shall be amended to read as follows: SECTION 1. Chapter 17, Article 2, Division 3, Subsection 17 -8(c), Subparts (14) and (17), and Subsection 17 -8 (f) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -8. General purpose; prohibited discharges; discharge standards (c) Specific prohibitions. No User shall introduce or cause to be introduced certain pollutants, substances, or wastewater into any public sewers or directly or indirectly into the POTW. Those pollutants, substances or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW. The following described pollutants are expressly prohibited: (14) Any waters or wastes having a pH lower than 6.0, any waters or wastes having a pH in excess of 11.0, or having any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the publicly owned treatment works, or that interferes with any treatment process. Notwithstanding this provision, New Carp., shall users may be authorized to discharge at a pH in excess of 11.0 but not to exceed 12.0 in keeping with its odor abatement efforts. Such authorization will be specified in the user's wastewater discharge permit. (17) Medical Wwastes, exeept as speeifieally ,....,sized by the Dire 4er that are not amenable to treatment, that cause Pass Through or Interference, that may contribute to blockages in the collection system, or that create a hazard to POTW workers. The Director may require that a wastewater discharge permit be obtained in order to discharge certain medical wastes. 2 CITY OF SOUTH BEND PETE BUTTIGIFG, MAYOR DEPARTMENT OF PUBLIC WORKS January 15, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Resolution for Preliminary Approval of Amendment to South Bend Municipal Code Chapter 17, Article 2, Division 3 Regarding the Industrial Pretreatment Program Dear President Davis: Attached is a resolution related to a draft amendment of Chapter 17, Article 2, Division 3, which is also attached. The US EPA requires that the City of South Bend periodically review limitations related to the Industrial Pretreatment Program to determine that they are adequately protective of the Wastewater Treatment Plant and the St. Joseph River. An evaluation was completed, and after review by the US EPA, it was determined that certain pollutant limitations required revision. The attached draft amendment to Chapter 17 includes these revisions. However, federal regulations require that the US EPA formerly approve any modification of this nature prior to it being adopted by a local government. In accordance with US EPA requirements, the attached Resolution is intended to communicate the South Bend Common Council's intention to adopt the draft Ordinance pending formal approval from the US EPA. Once acted on by the Common Council, both the Resolution and draft Ordinance will be placed on notice for public comment for thirty days. After that period, the Resolution, Ordinance, and any public comments will be submitted to the US EPA for formal approval. Either Al Greek or I will present this ordinance at the Council's 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, Eric Horvath jfT Director of Public Works L 4-1-/ BiIIt4o. oy- iL4 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 ARTICLE 2, SECTION 17 -27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON STATEMENT OF PURPOSE AND INTENT On November 11, 2013, the South Bend Common Council passed Ordinance #10271 -13 which reinserted Chapter 17, Article 2, Section 17.27.1 into the South Bend Municipal Code. That Section of the Municipal Code had been inadvertently eliminated in 2011 by a previous Municipal Code revision which was required by the federal Environmental Protection Agency (EPA) under the Clean Water Act. When Chapter 17, Article 2 Section 17 -27.1 was reinserted in the South Bend Municipal Code in 2013, it retained the original charge of $0.06 per gallon to haulers of septic waste who desire to discharge such waste at the City's Wastewater Treatment Plant. That charge should be increased to $0.151 per gallon, consistent with Subsection (2) of Section 17.27.1, i.e., that "the rates and charges for hauled septic waste shall be subject to the same rate adjustments as unmetered sewage rate for Class I users as described in subsection 17- 21(b)." Applying the same adjustment to hauled septic rates as has been applied to unmetered Class I users, the result is a charge of $0.151 per gallon. This ordinance effectuates that change in rate. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 17, Article 2, Section 17 -27.1 subpart (c)(1) of the South Bend Municipal Code be and hereby is amended to read as follows: Sec. 17.-27.1. Hauled septic tank waste and similar liquid waste discharge requirements and rates. (c) Rates and charges. (1) Each hauler of septic tank waste shall be required to complete discharge records at the plant indicating the origin of location(s) for each tanker discharged. Charges shall be six eents 6) fifteen and one tenth cents ($0.151) per gallon on a full tanker basis. The hauler shall be charged the full tanker volume for each discharge, regardless of actual discharge volume, unless the City installs metering. At that time, charges shall be c: °�`..ts ($O�Hj fifteen and one tenth cents ($0.151) per gallon as metered. Section II. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. SZ 41 �`v� J • / d c� Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2014, at o'clock _. M. City Clerk Approved and signed by me on the day of NO I sE RFADIRIG PUBLIC HEARINI 3 id READIRIf NOT APfsROV0 REFERRED PAS$ED 2014, at _o'clock Mayor, City of South Bend, Indiana `' ied GCE, 1 YJ \✓ 1, l CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS January 15, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amending the Rate for Hauled Septic Waste Dear President Davis: Attached is an ordinance to amend Chapter 17, Article 2, Section 17 -27.1. This Section sets the rate for septic haulers to when dumping their septage at our Wastewater Treatment Plant. It was inadvertently eliminated in 2011 during a prior revision to Chapter 17. Section 17 -27.1 was reinserted in 2013, but the rate included at that time did not reflect the sewage rate adjustments that had occurred since 2004. The 2004 rate was set at $.06 per gallon. This amendment increases the rate to $0.151 per gallon, consistent with Subsection (2) of 17 -27.1 and sewage rate increases that have occurred since the last amendment to Section 17 -27.1 in 2004. Either Al Greek or I will present this ordinance at the Council's 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, Eric Horvath Director of Public Works 1' BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT STATEMENT OF PURPOSE AND INTENT The South Bend Public Transportation Company ( "TRANSPO ") is a political subdivision of the State of Indiana, and the recipient of a grant from the United States Department of Energy to design, develop, and construct a Compressed Natural Gas (CNG) fueling station and facility on the site of TRANSPO's headquarters at 1401 South Lafayette Boulevard, near downtown South Bend, Indiana. The City of South Bend (the City) desires to, and would greatly benefit from partnering with TRANSPO in the furtherance of this CNG fueling station and facility project. Such a project is within the scope of Indiana Code Section 36 -1 -7 -1 et. Seq. which provides for Interlocal Cooperation between one or more governmental entities, and the Project as described constitutes an economic development project under I.C. 36- 1 -7 -11.5 because it involves "transportation services [and] transportation infrastructure ". As early as 2010, the City began pursuing use of CNG for use in transportation fuel, and in 2013 the City acquired four solid waste trucks which use CNG exclusively. The cost of fuel for these trucks has been closely monitored and it is substantially lower than the cost of gasoline (presently a cost of $33 per diesel gallon equivalent). Moreover, CNG is environmentally cleaner with reduced emissions in all categories, and it is a domestic fuel, which reduces security risks to the country Partnership with TRANSPO on the fuel station and facility is expected to further reduce the City's transportation fuel costs, as the City expands its use of CNG fueled vehicles. The proposed Interlocal Agreement which is attached hereto and incorporated herein as Exhibit A constitutes an equal (50150) partnership between the City and TRANSPO for costs and benefits. It is estimated the City will recoup its entire investment within 60 months of operation. Approval of this Interlocal Agreement is in the best economic and environmental interests of the City and its citizens, and appropriation of the sum of Nine Hundred Seventy -Two Thousand Five Hundred dollars ($972,500) which is the City's contribution to the CNG fueling station construction Project contemplated by the Interlocal Agreement, is a sound investment for the City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The proposed. Interlocal Agreement attached hereto and incorporated herein as Exhibit A is hereby and in all ways approved, and upon its signature by the Mayor of South Bend, and approval by the fiscal body of TRANSPO, it shall be filed with the Mayor of South Bend and with the St. Joseph County Auditor. SECTION II. The sum of Nine Hundred Seventy -Two Thousand Five Hundred Dollars ($972,500) is hereby appropriated from and set aside within County Option Income Tax (COIT) Fund #404 for City's required contribution to the costs of participating in the construction of a Compressed Natural Gas (CNG) fueling station and facility at 1401 South Lafayette Boulevard, South Bend, Indiana, pursuant to the Interlocal Agreement between the City and the South Bend Public Transportation Corporation ( TRANSPO) which is Exhibit A hereto. SECTION III. Pursuant to Ind. Code 36 -1 -7 -11.5, the appropriated sum shall be paid to TRANSPO per the terms and conditions of the Interlocal Agreement (Exhibit A). SECTION IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any notice or filing required by law. P/Q ,,I DO � IS, �,i. 4 G Member' of the Common Courfcil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock . M. City Clerk Approved and signed by me on the _ day of , 2014, at o'clock . M. Mayor, City South Bend, Indiana I sr 119ADIRG 1- 21- I-1 PUBLIC HEARIP?G and F, ADING NOT APPROVED REFERRED PASSED Filed ie, 4_:; _e : Office CITY CLERK, 'O- sMa BUM, IN CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS January 22, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: A Bill to Approve TRANSPO Interlocal Agreement and To Appropriate Funds for Compressed Natural Gas Fueling Station Dear President Davis: Attached is an ordinance which approves an Interlocal Agreement with TRANSPO for the construction and operation of a Compressed Natural Gas (CNG) Fueling Station and which appropriates $972,500 for the City's share of this interlocal government project. South Bend has been using CNG exclusively in four solid waste trucks purchased by the City in 2013, and the fuel costs of these trucks have been closely monitored. Substantial savings has been achieved; presently the cost of CNG is about $.73 per diesel gallon equivalent. Moreover, CNG is environmentally cleaner with reduced emissions in all categories. The South Bend Public Transportation Company ( TRANSPO) has received a federal grant from the U.S. Department of Energy to design, develop and construct a CNG fueling station and facility. It is desirable that the City of South Bend enter an interlocal partnering agreement to construct and share the costs and benefits of such facility. The City's share is $972,500, to be appropriated from COIT funds, and it is estimated that the City will recoup its entire investment within 60 months of the CNG facility's operation. At this time the ordinance is being submitted without the Interlocal Agreement which is in the process of final draft. I will provide the Council with the proposed Interlocal Agreement well in advance of the second and third reading of this Bill. i� /� ' CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS I will present this Ordinance to the Council at its appropriate Committee meeting and at the Council's public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. c: Kathryn Roos Jonathan Burke John Murphy Sincerely, Eric C. Horvath Director, Public Works Filed €,' ffice 3 2013 _ iN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (No. 10267-13) TO CORRECT THE ATTACHED SCHEDULE OF POSITIONS AND WAGE RATES STATEMENT OF PURPOSE AND INTENT On October 30, 2013, the Common Council approved Ordinance No 10267 -13 fixing the maximum wages of Teamster Employees for calendar years 2014 through 2016 inclusive ( "the Teamster Wage Ordinance 2014 - 2016). Since passage of the Teamster Wage Ordinance 2014 -2016, the City Administration has identified three errors contained in the original attachment to the Ordinance which were unintended and inconsistent with the terms of the final, ratified collective bargaining agreement between the City of South Bend and Teamsters Local Union No. 364. This Ordinance amends the Attachment to Ordinance No. 10267 -13. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The Attachment to Teamster Wage Ordinance 2014 -2016 (No. 10267 -13) is amended, and the Amended version is now attached hereto and incorporated herein as Exhibit A. SECTION II. All other terms, conditions, and Sections of the Teamster Wage Ordinance 2014 -2016 (No. 10267 -13) shall remain in full force and effect. SECTION III. After passage by the Common Council and approval by the Mayor, this Ordinance shall be given effect as of January 1, 2014. Attest: City Clerk ,/ /j' ;,.te i iL, A..6, 4 M6mber of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m. City Clerk Approved and signed by me on the day of 2014, at o'clock . m. Mayor, City of South Bend, Indiana 'Red W. Jfflce i -- - _�..', JAN �Oi3 I CRY CLEkVc _ ,. i, s,END, M 10 RPADIRG PUBLIC HEARING Ord READING NOT APPROVED REFERRED PASSED 2014 Teamster Wage Rates for Salary Ordinance Page 103 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Ratelevels January 15, 2014` Amended 2013 2014 2.0% 2015 2.0% 2016 2.0 %-' i Position Title Rate $ Rate $.. Increase Rate $ :Increase Rate $ Increase TRAFFIC AND LIGHTING DEPARTMENT Staff Positions: Group Leader- Traffic &Lighting 17.39 17.74 2% 18.09 2% 18.45 2% Operations Technician 16.71 17.04 2% 17.39 2% 17.73 2% Sign Artist 17.50 17.85 2% 18.21 2% 18.57 2% Sign Artist - Job Leader (new position in 2011) 18.73 19.10 2% 19.49 2% 19.88 2% Signal Technician 1 17.31 17.66 2% 18.01 2% 18.37 2% Signal Technician II 18.07 18.43 2% 18.80 2% 19.18 2% Signal Technician 11 -Job Leader 18.73 19.10 2% 19.49 2% 19.88 2% BUILDING MAINTENANCE Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% General Laborer (Bldg Janitors) 15.11 15.41 2% 15.72 2% 16.03 2% Maintenance Technician I (Bldg. En 19.28 19.67 2% 20.06 2% 20.46 2% PARK AND RECREATION DEPARTMENT Staff Positions: Arborist 1 18.20 18.56 2% 18.94 2% 19.31 2% Arborist II 19.77 20.17 2% 20.57 2% 20.98 2% Arborist/Weed Control 17.50 17.85 2% 18.21 2% 18.57 2% Asst Greens Superintendent 17.76 18.12 2% 18.48 2% 18.85 2% Athletic Field Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% Bldg Mtce - Custodian & Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Bldg & Structural Maintenance 1 19.07 19.45 2% 19.84 2% 20.24 2% Bldg & Structural Maintenance 11 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Carpenter 1 18.48 18.85 2% 19.23 2% 19.61 2% Construction Maintenance / Carpenter II 19.07 19.45 2% 19.64 2% 20.24 2% Construction Maintenance / Carpenter 111 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Mason 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Welder 19.07 19.45 2% 19.84 2% 20.24 2% Dietician 15.76 16.08 2% 16.40 2% 16.72 2% Electrician - Park 19.77 20.17 2% 20.57 2% 20.95 2% Equipment Operator 11 - Park 16.39 16.72 2% 17.05 2% 17.39 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader- Recreation 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Street Island 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Leeper 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Plaza 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Custodian 17.50 17.85 2% 18.21 2% 18.57 2% Head Custodian 15.76 16.08 2% 16.40 2% - 16.72 2% Heavy Equipment Operator 1 - 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator 11 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Zoo Keeper I 15.11 15.41 2% 15.72 2% 16.03 2% Zoo Keeper 11 15.93 16.25 2% 16.57 2% 16.91 2% Zoo Keeper 13 16.57 16.90 2% 17.24 2% 17.58 2% Zoo Keeper IV 17.50 17.85 2% 18.21 2% 18.57 2% Zoo Keeper / Grower 17.50 17.85 2% 18.21 2% 18.57 2% Mechanic IV - Park - Garage 17.96 18.62 4% 18.99 2% 19.37 2% Mechanic IV - Park - Golf 17.96 18.62 4% 18.99 2% 19.37 2% Operator 1 15.92 16.24 2 %- 16.56 2% 16.89 2% Painter IV 17.96 18.32 2% 18.69 2% 19.06 2% Plumber IV - Park 19.77 20.17 2% 20.57 2% 20.98 2% Veterinarian Tech 18.20 18.56 2% 18.94 2% 19.31 2% Zoo Maintenance 1 16.57 16.90 2% 17.24 2% 17.58 2% 2014 Teamster Wage Rates for Salary Ordinance Page 103 2014 Teamster Wage Rates for Salary Ordinance - Page 2 of 3 City of South Bend. 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels January 16, 2014 Amended 2013: 2014 2.0% 2015 2.0% "20]6 2.0% Position Title Rate$ Rate$ Increase Rate$ Increase Rate :$'` Increase STREET DEPARTMENT Staff Positions: Equipment Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Equipment Operator 11 16.48 16.81 2% 17.15 2% 17.49 2% Equipment Operator Ill 17.12 17.46 2% 17.81 2% 18.17 21/. General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 1 18.73 19.10 2% 19.49 2% 19.88 2% EQUIPMENT SERVICES Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% Body Repair IV 18.26 18.63 2% 19.00 2% 19.38 2% Body Repair V 19.27 19.66 2% 20.05 - 2% 20.45 2% General Laborer (Janitor) 15.11 15.41 2% 15.72 2% 16.03 2% Machinist IV 18.26 18.63 2% 19.00 2% 19.38 2% Machinist V 19.27 19.66 2% 20.05 2% 20.45 2% Mechanic III - 17.42 17.77 2% 18.12 2% 18.49 2% Mechanic IV 18.25 18.62 2% 18.99 2% 19.37 2% Mechanic V 19.27 19.66 2% 20.05 2% 20.45 2% Parts Clerk 1 16.43 16.76 2% 17.09 2% 17.44 2% Parts Clerk II (2) 17.17 17.27 1% 17.62 2% 17.97 2% SOLID WASTE Staff Positions: Driver 17.10 17.44 2% 17.79 2% 18.15 2% Operator I 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.24 16.56 2% 16.90 2% 17.23 2% Equipment Operator III (Code) 16.73 17.06 2% 17.41 2% 17.75 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Picker 1 16.34 16.67 2% 17.00 2% 17.34 2% Picker II 16.72 .17.05 2% 17.40 2% 17.74 2% ORGANIC RESOURCES Staff Positions: Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 19.00 19.38 2% 19.77 2% 20.16 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% WASTEWATER - Staff Positions: CSO Rep 1 17.46 17.81 2% 18.17 2% 18.53 2% CSO Rep II 18.20 18.56 2% 18.94 2% 19.31 2% Dewater Operator 18.20 18.56 2% 18.94 2% 19.31 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Janitor 1521 15.51 2% 15.82 2% 16.14 2% Lift Station - Rep 1 18.20 18.56 2% 18.94 2% 19.31 2% Lift Station - Rep II 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician 1 17.14 17.48 2% 17.83 2% 18.19 2% Maintenance Electrician II 17.50 17.85 2% 18.21 2% 18.57 2% Maintenance Electrician III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician IV 19.72 20.11 2% 20.52 2% 20.93 2% Maintenance Electrician V 20.46 20.87 2% 21.29 2% 21.71 2% Maintenance Lead 21.22 21.64 2% 22.08 2% 22.52 2% Maintenance Repair 1 17.46 17.81 2% 18.17 2% 18.53 2% 2014 Teamster Wage Rates for Salary Ordinance - Page 2 of 3 2014 Teamster Wage Rates for Salary Ordinance Page 3 013 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels January 15, 2014" Amended 2013 2014 2.0% 2015 2.0% 2016:20% Position Title Rate $ -Rate $ Increase. Rate -$ - Increase Rate$ Increase Maintenance Repair II 18.20 18.56 2% 18.94 2% 19.31 2% Maintenance Repair 111 18.97 19.35 2% 49.74 2% 20.13 2% Maintenance Repair IV 19.72 20.11 2% 20.52 2% 20.93 2% Operator - General 18.20 18.56 2% 18.94 2% 19.31 2% Operator - Lead 21.22 21.64 2% 22.08 2% 22.52 2% Operator - Senior 18.97 19.35 2% 19.74 2% 20.13 2% Operator I - Wastewater 16.63 16.96 2% 17.30 2% 17.65 2% Relief Operator 16.71 17.04 2% 17.39 2% 17.73 2% Sanitation Operator 15.88 16.20 2% 16.52 2% 16.85 2% SEWER DEPARTMENT Staff Positions: Curb & Sidewalk Finisher (3) 18.50 18.87 2% 19.25 ' 2% .19.64 2% Heavy Equipment Operator 1 17.76 1812 2% 18.48 2% 18.85 2% Job Leader 19.15 19.53 2% 19.92 2% 20.32 2% Operator 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.48 16.81 2% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% WATER WORKS Staff Positions: Auditor I - Barg. 16.30 16.63 2% 16.96 2% 17.30 2% Auditor 11 - Barg. 17.37 17.72 2% 18.07 2% 18.43 2% Auditor III - Barg. 18.75 19.13 2% 19.51 2% 19.90 2% Auditor IV - Barg. 19.13 19.51 2% 19.90 2% 20.30 2% Clerk Dispatcher III 16.81 17.15 2% 17.49 2% 17.84 2% Shut off Clerk 15.05 15.35 2% 15.66 2% 15.97 2% Courier /Supply Clerk 16.55 16.88 2% 17.22 2% 17.56 2% Crew Chief 16.51 16.84 2 %. 17.18 2% 17.52 2% Customer Service & Billing 15.33 15.64 2% 15.95 2% 16.27 2% Data Processor 16.93 17.27 2% 17.61 2% 17.97 2% Engineering Aide III 18.02 18.38 2% 18.75. 2% 19.12 2% Field Repairman /Insp 1 17.78 18.14 2% 18.50 2% 18.87 2% Field Repairman / Insp If 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman / Insp III 18.24 18.60 2% 18.98 2% 19.36 2% General Laborer - 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader - Water Works 17.96 18.32 2% 18.69 2% 19.06 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.41 18.78 2% 19.15 2% 19.54 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Machinist 18.02 18.38 2% 18.75 2% 19.12 2% Maintenance Tech - Helper 15.53 15.84 2% 16.16 2% 16.48 2% Maintenance Tech 1 16.53 16.86 2% 17.20 2% 17.54 2% Maintenance Tech If 16.99 17.53 3% 18.08 3% 18.64 3% Meter Serviceman III 16.19 16.51 2% 16.84 2% 17.18 2% . Meter Serviceman IV 16.81 17.15 2% 17.49 2% 17.84 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.24 16.81 4% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% Payment Processor - Lead 15.43 15.74 2% 16.05 2% 16.37 2% Utility Operator 1 15.231 15.53 2% 1 15.85 2% 16.16 2% Changes from Ordinance No. 10267 -13 passed October 30 2013 (1) - rate of $18.73 per hour during 2013. Increase by 2% each year for 2014 through 2016. (2) - actual rate paid of $16.93 per hour during 2013. Increase by 2% each year for 2014 through 2016. (3) - rate of $18.50 per hour during 2013. Increase by 2% each year for 2014 through 2016. 2014 Teamster Wage Rates for Salary Ordinance Page 3 013 2014 Teamster Wage Rates for Salary Ordinance Page 1 of 3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay 'Rate Levels October 30, 2013 Original 2013 2014 2.0% 2015 _2.0% 2016 3.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase TRAFFIC AND LIGHTING DEPARTMENT Staff Positions: Group Leader - Traffic & Lighting 17.39 17.74 2% 18.09 2% 18.45 2% Operations Technician 16.71 17.04 2% 17.39 2% 17.73 2% Sign Artist 17.50 17.85 2 %, 18.21 20/ 19.57 2°i Sign Artist - Job Leader (new position in 201 1) 18.73 19.10 20/0 19.49 2% 19.88 2% Signal Technician I 17.31 17.66 2% 18.01 2% 18.37 2% Signal Technician II 18.07 18.43 2% 18.80 2% 19.18 2% Signal Technician II -Job Leader 18.73 19.10 2% 19.49 2% 19.88 2% BUILDING MAINTENANCE Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% General Laborer (Bldg Janitors) 15.11 15.41 2% 15.72 2% 16.03 2% Maintenance Technician I (Bldg. En 19.28 19.67 2% 20.06 2% 20.46 2% PARK AND RECREATION DEPARTMENT Staff Positions: Arborist 1 18.20 18.56 2% 18.94 2% 19.31 2% Arborist It 19.77 20.17 2% 20.57 2% 20.98 2% ArboristlWeed Control 17.50 17.85 2% 18.21 2% 18.57 2% Asst Greens Superintendent 17.76 18.12 2% 18.48 2% 18.85 2% Athletic Field Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% Bldg Mice - Custodian & Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Bldg & Structural Maintenance 1 19.07 19.45 2% 19.84 2% 20.24 2% Bldg & Structural Maintenance II 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Carpenter 1 18.48 18.85 2 %. 19.23 2% 19.61 2% Construction Maintenance / Carpenter II 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Carpenter III 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Mason 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Welder 19.07 19.45 2% 19.84 2% 20.24 2% Dietician 15.76 16.08 2% 16.40 2% 16.72 2% Electrician - Park 19.77 20.17 2% 20.57 2% 20.98 2% Equipment Operator II - Park 16.39 16.72 2% 17.05 2% 17.39 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader- Recreation 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Street Island 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Leeper 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Plaza 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Custodian 17.50 17.85 2% 18.21 2% 18.57 2% Head Custodian 15.76 16.08 2% 16.40 2% 16.72 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator 11 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Zoo Keeper] 15.11 15.41 2% 15.72 2% 16.03 2% Zoo Keeper 11 15.93 16.25 2% 16.57 2% 16.91 2% Zoo Keeper III - 16.57 16.90 2% 17.24 2% 17.58 2% Zoo Keeper IV 17.50 17.85 2% 18.21 2% 18.57 2% Zoo Keeper/ Grower 17.50 17.85 2% 18.21 2% 18.57 2% Mechanic IV - Park - Garage 17.96 18.62 4% 18.99 2% 19.37 2% Mechanic IV - Park - Golf 17.96 18.62 4% 18.99 2% 19.37 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Painter IV 17.96 18.32 2% 18.69 2% 19.06 2% Plumber IV - Park 19.77 20.17 2% 20.57 2% 20.98 2% Veterinarian Tech - 18.20 18.56 2% 18.94 2% 19.31 2% Zoo Maintenance 16.571 16.90 2% 17.24 2% 1 17.58 2% 2014 Teamster Wage Rates for Salary Ordinance Page 1 of 3 2014 Teamster Wage Rates for Salary Ordinance Page 2 o/3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay; Rate Levels October 30, 2013 Original .2013 2014 2.0% 2015 - 2.0% 2016 2.0 %0. Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase STREET DEPARTMENT Staff Positions: Equipment Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Equipment Operator II 16.48 16.81 2% 17.15 2% 17.49 2% Equipment Operator III 17.12 17.46 2% 17.81 2% 18.17 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator 11 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 18.73 2% 19.10 2% 19.49 2% EQUIPMENT SERVICES Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% Body Repair IV 18.26 18.63 2% 19.00 2% 19.38 2% Body Repair V 19.27 19.66 2% 20.05 2% 20.45 2% General Laborer (Janitor) 15.11 15.41 2% 15.72 2% 16.03 2% Machinist IV 18.26 18.63 2% 19.00 2% 19.38 2% Machinist V 19.27 19.66 2% 20.05 2% 20.45 2% Mechanic III 17.42 17.77 2% 18.12 2% 18.49 2% Mechanic IV 18.25 18.62 2% 18.99 2% 19.37 2% Mechanic V 19.27 19.66 2% 20.05 2% 20.45 2% Parts Clerk 1 16.43 16.76 2% 17.09 2% 17.44 2% Parts Clerk If 16.93 17.27 2 %- 17.61 2% 17.97 2% SOLID WASTE Staff Positions: Driver 17.10 17.44 2% - 17.79 2% 18.15 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator 11 16.24 16.56 2% 16.90 2% 17.23 2% Equipment Operator III (Code) 16.73 17.06 2% 17.41 2% 17.75 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Picker 1 16.34 16.67 2% 17.00 2% 17.34 2% Picker II 16.72 17.05 - 2% 17.40 2% 17.74. 2% ORGANIC RESOURCES Staff Positions: Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator 11 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 19.00 19.38 2% 19.77 2% 20.16 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% WASTEWATER Staff Positions: CSO Rep 1 17.46 17.81 2% 18.17 2% 18.53 2% CSO Rep II _ 18.20 18.56 2% 18.94 2% 19.31 2% Dewater Operator 18.20 18.56 2% 18.94 2% 19.31 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Lift Station - Rep 1 18.20 18.56 2% 18.94 2% 19.31 2% Lift Station - Rep II 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician 1 17.14 17.48 2% 17.83 2% 18.19 2% Maintenance Electrician II 17.50 17.85 2% 18.21 2% 18.57 2% Maintenance Electrician 111 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician IV Maintenance Electrician V Maintenance Lead 19.72 20.46 21.22 20.11 20.87 21.64 2% 2% 2% 20.52 21.29 22.08 2 % 2% 2% 20.93 21.71 22.52 2% 2% 2% Maintenance Repair 1 17.46 17.81 2% 18.17 2% 18.53 2% 2014 Teamster Wage Rates for Salary Ordinance Page 2 o/3 2014 Teamster Wage Rates for Salary Ordinance Page 3 of 3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels October 30, 2013 Original 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase . Rate $ Increase Rate $ Increase Maintenance Repair II 18.20 18.56 2% 18.94 2% 19.31 2% Maintenance Repair III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Repair IV 19.72 20.11 2% 20.52 2% 20.93 2% Operator - General 18.20 18.56 2% 18.94 2% 19.31 2% Operator - Lead 21.22 21.64 2% 22.08 2% 22.52 2% Operator - Senior 18.97 19.35 2% 19.74 2% 20.13 2% Operator I - Wastewater 16.63 16.96 2% 17.30 2% 17.65 2% Relief Operator 16.71 17.04 2% 17.39 2% 17.73 2% Sanitation Operator 15.88 16.20 2% 16.52 2% 16.85 2% SEWER DEPARTMENT Staff Positions: Curb & Sidewalk Finisher -- 18.73 2% 19.10 2% 19.49 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Job Leader 19.15 19.53 2% 19.92 2% 20.32 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.48 16.81 2% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% WATER WORKS Staff Positions: Auditor .I - Barg. 16.30 16.63 2% - 16.96 2% 17.30 2% Auditor II - Barg. 17.37 17.72 2% 18.07 2% 18.43 2% Auditor III - Barg. 18.75 19.13 2% 19.51 2% 19.90 2% Auditor IV - Barg. 19.13 19.51 2% 19.90 2% 20.30 2% Clerk Dispatcher III 16.81 17.15 2% 17.49 2% 17.84 2% Shut off Clerk 15.05 15.35 2% 15.66 2% 15.97 2% Courier/ Supply Clerk 16.55 16.88 2% 17.22 2% 17.56 2% Crew Chief 16.51 16.84 2% 17.18 2% 17.52 2% Customer Service & Billing 15.33 15.64 2% 15.95 2% 16.27 2% Data Processor 16.93 17.27 2% 17.61 2% 17.97 2% Engineering Aide III 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman /Insp 1 17.78 18.14 2% 18.50 2% 18.87 2% Field Repairman / Insp II 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman / Insp III 18.24 18.60 2% 18.98 2% 19.36 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader- Water Works 17.96 18.32 2% 18.69 2% 19.06 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.41 18.78 2% 19.15 2% 19.54 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Machinist 18.02 18.38 2% 18.75 2% 19.12 2% Maintenance Tech - Helper 15.53 15.84 2% 16.16 2% 16.48 2% Maintenance Tech l 16.53 16.86 2% 17.20 2% 17.54 2% Maintenance Tech II 16.99 17.53 3% 18.08 3% 18.64 3% Meter Serviceman III 16.19 16.51 2% 16.84 2% 17.18 2% Meter Serviceman IV 16.81 17.15 2% 17.49 2% 17.84 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.24 16.81 4% 17.15 2% 17.49 2% Operator 111 16.57 16.90 2% 17.24 2% 17.58 2% Payment Processor- Lead 15.43 15.74 2% 16.05 2% 16.37 2% Utility Operator 15.231 15.53 2% 15.85 2% 16.16 2% 2014 Teamster Wage Rates for Salary Ordinance Page 3 of 3 120ON Coupm -GTY BUILDING 227.W.JEFFERSON BLVD. SouTH BEND, INDUNA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHONE 574/235 -9216 FAX 5741235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE January 22, 2014 Mr. Oliver Davis President, South Bend Common Council 4 °i Floor, County -City Building South Bend, IN 46601 Re: A Bill to Amend Teamster Employee Wage Ordinance 2014 -2016 Dear President Davis: Attached is an ordinance to amend Ordinance #10267 -13 which established maximum wages of Teamster Employees of the City of South Bend, Indiana, for calendar years 2014 -2016. The original Ordinance #10267 -13 was submitted in its final, substitute form on October 30, 2013, the date the Teamsters Local Union No. 364 ratified the collective bargaining agreement with the City of South Bend. We have now determined that the original attachment to Ordinance #10267 -13 contained unintentional errors as to wages, which are inconsistent with the ratified collective bargaining agreement. These errors affect a total of three Teamster positions contained in the original Attachment, i.e.: Sewer Department- - Curb & Sidewalk Finisher; Street Department - -Job Leader; and Equipment Services Parts Clerk 11. For clarification, I enclose the original Attachment to Ordinance # 10267 -13, and the amended Attachment with the affected job positions and changes highlighted in yellow. Eric Horvath and I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the Council's public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, J b1hi Murphy City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Eric Horvath, Director of Public Works Office CET rC a it.;. h :TEND, IN 8