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HomeMy WebLinkAbout09-22-14 Council Agenda & Packetnr_Fninn SOUTH BEND COMMON COUNCIL MEETING MONDAY, SEPTEMBER 22, 2014 1. INVOCATION — CHAPLAIN SYLVESTER WILLIAMS 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES S. SPECIAL BUSINESS 7:00 P.M. 14 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING SOUTH BEND'S DISTRICT 11 ALL STARS WHO CAPTURED THE 2014 SENIOR SOFTBALL WORLD SERIES CROWN AND ARE NOW THE USA CENTRAL CHAMPIONS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 43 -14 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 44 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 45 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 46 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2015 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 8. BILLS, THIRD READING TIME: 9. RESOLUTIONS BILL NO. 14 -77 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 1827 BENDIX ROAD, SOUTH BEND, INDIANA 14 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 501 WEST SOUTH STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SWING- BATTER- SWING, LLC. 14 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1203 NORTH NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT OF MICHAEL SEAMON 14 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SOUTH BEND FIRE DEPARTMENT 2014 STRATEGIC ACTION PLAN 10. BILLS, FIRST READING BILL NO. 47 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 11, DEFINITIONS TO REVISE THE DEFINITION OF ACCESSORY - STRUCTURE, BUILDING, OR USE 48 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3, COMMERCIAL /MIXED USE DISTRICTS, TO ADD A NEW SUBSECTION TO COMMUNITY BUSINESS DISTRICT AND GENERAL BUSINESS DISTRICT RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF AUTOMOBILES 49 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2015 50 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2015 51 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL FOR CALENDAR YEAR 2015 52 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014, 2015, 2016 53 -14 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2015 54 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 55 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 11. UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. BILL 14 -84 - SPECIAL EXCEPTION - 746 S. ARNOLD ST. 2. BILL 14 -85 - SPECIAL EXCEPTION - 509 S. EDDY ST. 3. BILL 14 -86 - SPECIAL EXCEPTION - 609 E. LASALLE B. REPORT FROM AREA PLAN COMMISSION 1. BILL 42 -14 - ANNEXATION /REZONING - 17316 & 17688 STATE ROAD 23 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. e'J\ ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2013 to be collected in the year 2014 the following: For CORPORATION GENERAL FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. Total Civil City Rate $xxxx For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $xxxx on each one hundred dollars of Taxable Property. Total Redevelopment Rate $xxxx SECTION Il. 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: S j fif this ME to at? to ^ *3 'q at �n F 'v oppo`•Pht;� !y 6o: cilud mul Oil WS Wa City Clerk of . tl R, AMN G PUBLIC FEARING 3 rd READING NOT APPROVED REFERRED PASSED Presented by me to the Mayor of the City of South Bend, Indiana on the , 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock .m. day 2 , at Mayor, City of South Bend, Indiana Filed irf Vice 40 ZU14j CITY CLER ( SOU f Ii BEND, IN 120ON CouNTY -CITY BLuLDMG 227 W. JEFFERSON BLVD. SOuTH BEND, INDJANA 46601 -1830 PHONE 574 /235 -9216 PAx 574/235 -9928 CITY OF Soui -H BEND PETE B=GIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 20, 2014 Mr. Oliver Davis President, South Bend Common Council 4' Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying Taxes and Fixing the Rate of Property Taxation to Meet City Expenses for the Fiscal Year Ending December 31, 2015 Dear Council President Davis: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the Property tax rate for the City of South Bend for the fiscal year commencing January 1, 2015 and ending December 31, 2015. This tax rate will apply for property tax assessments in fiscal 2014 with taxes payable in fiscal 2015. This bill is submitted for I" read filing with the Common Council for the council meeting on August 25, 2014, 2nd reading and public hearing at the council meeting on September 22, 2014, with 3'd reading and council vote at the council meeting on October 13, 2014. Similar to prior years, a substitute bill will be filed with the estimated property tax rates inserted after they are determined. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed in February, 2015. The actual property tax rates will depend on the 2014 /pay 2015 net assessed valuation of property in South Bend and this information is not yet available from the St. Joseph County Auditor. I will be available to discuss this.bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully .�submitted, ,a. l� Joh H. Murphy City Controller cc: Mayor Pete Buttigieg Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Cristo] Brisco, Corporation Counsel Brian Pawlowski, Deputy Chief of Staff Jennifer Hockenhull, Deputy City Controller Filed in Office 0 ZU14 JOHN CITY CLERK, S U H BEND, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several Departments of the Civil City of South Bend, Indiana for 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For the expenses of the Civil City Government, its various Departments, Funds, Commissions, and institutions for the fiscal year ending December 31, 2015, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to inc to be made in said year, unless otherwise expressly stipulated or providde all expenditures authorized ed lu lu the laws. SECTION 11. For the fiscal year ending December 31, 2015, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: (20 1) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non - Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community Investment Administration Fund (212) Community Investment Grant Fund (216) Police State Seizures Fund (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (224) Central Services Capital Fund (226) Liability Insurance & Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (251) Local Roads and Streets Fund (258) Human Rights — Federal Fund (271) East Race Waterway (273) Moms PAC /Palais Royale Marketing Fund (278) Police Take Home Vehicle Fund (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund (295) COPS More Grant Fund (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403) Zoo Endowment Fund (404) County Option Income Tax Fund (405) Park Department Non - Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (410) Urban Development Action Grant Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CREED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K -9 Unit Fund (711) Self - Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION III. 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 Ci ( Q?-- Member, South Bend Common Counir C jiv ii DT Caw C>a�nc1� dbiiu'� � (iivii �n"iLN a 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 o'clock, .m. Is! P.E;,DPr.'G k Z �-- I I PUBLIC HF.A.RING 3rd READING NOT APPROVED REFERRED PASSED City Clerk Of 2 at Mayor, City of South Bend, Indiana F11ed 6E9 e,`: ",'gym tx; ] 209 i C17YCLERIt fir, r Du: H FIEND, IN 120ON CouNrr -Q'N BuiDING 227 W JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONF, 574/ 235-9216 FAX 574/235-9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 20, 2014 Mr. Oliver Davis President, South Bend Common Council 4v' Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the Purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Bend for the Fiscal Year Ending December 31, 2015 Dear Council President Davis: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2015 and ending December 31, 2015. This bill is respectively submitted for V read filing with the Common Council for the council meeting scheduled for August 25, 2014, 2nd read and public hearing at the council meeting on the September 22, 2014, with 3`d read and council vote at the council meeting on October 13, 2014. This bill will be presented to the Common Council by the Deputy Mayor, Controller, Department Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectfully submitted, `r -1M, f� Jo��rr11 H. Murphy City Controller cc: Mayor Pete Buttigieg Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Brian Pawlowski, Deputy Chief of Staff Jennifer Hockenhull, Deputy City Controller Filed in Office k, 2 0 2014 JOHN Vr-ORDE CITY CLERK, SGJ7 H SEND, IN 201,00'r �-v o 0J- 9 C ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2015, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the Funds hereinafter named in Section II, and for the purposes hereinafter specified in Section 11, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION 11. For the fiscal year ending December 31, 2015 the above appropriations are made within the following Funds of the City: (287) EMS Capital Fund (288) EMS Operating Fund (600) Consolidated Building Fund (601) Parking Garages Fund (610) Solid Waste Operating Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (624) Water Works Customer Deposit Fund (625) Water Works Sinking Fund (629) Water Works 0 & M Reserve Fund (640) Sewage Repair Insurance Fund (641) Sewage Works General Operations Fund (642) Sewage Works Capital Fund (643) Sewage Works O &M Reserve Fund (649) Sewage Works Bond Sinking Fund (659) 2011 Sewer Bond Fund (661) 2012 Sewer Bond Fund (670) Century Center Operating Fund SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: �Q day y P? iii ii:.�l�? i�`tW is F`d13,a r Cottnd acum Ott us City Clerk bm Presented by me to the Mayor of the City of South Bend, Indian on the day of at o'clock .m. Approved and signed by me on the day of at o'clock .m. 7 st READING Z r PUZ1.IC_ HEARING 3 rd READING NOT APPROVIsD REFERRED PASSED Deputy City Mayor, City of South Bend, Indiana Filed In Office 202014 3O1i;Rr tr 'r..AE CITY CLERK, sSOUTH SEND, IN 120ON CouNw -Ow Bu;wJNc 227 W JEFFERSON BLva SOUTH BEND, INDIANA 46601 -1830 CITY of SOUTH BEND PETE B=ciFc, MAYOR PHONE 574/ 235.9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE August 20, 2014 Mr. Oliver Davis President, South Bend Common Council 4a' Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re; Ordinance Appropriating Monies for the Purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the Fiscal Year Ending December 31, 2015 Dear Council President Davis: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures for the fiscal year commencing January 1, 2015 and ending December 31, 2015. This bill is respectively submitted for 1" read filing with the Common Council for the council meeting scheduled for August 25, 2014, 2nd read and public hearing at the council meeting on the September 22, 2014, with 3`d read and council vote at the council meeting on October 13, 2014. This bill will be presented to the Common Council by the Deputy Mayor, Controller, Department Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectfully submitted, * H H� . Murphy °�- City Controller cc: Mayor Pete Buttigieg Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Brian Pawlowski, Deputy Chief of Staff Jennifer Hockenhull, Deputy City Controller Filed W Office S 20 2014 JOHIW VC, ' 4DE CITY CLERK, SO'f BEND, IN 040 Lal 0o- �fb_ I`I ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2015 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit its proposed budget and tax levy to the Common Council of the City of South Bend for adoption. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that the South Bend Public Transportation Corporation, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Common Council of the City of South Bend. Pursuant to Indiana Code § 6- 1.1- 17- 20(e), the Common Council of the City of South Bend is required to review the South Bend Public Transportation Corporation's budget and proposed tax levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending December 31, 2015 in the sum of $12,380,685.00, as shown on Budget Form 4 -A, filed with the Common Council on August 27, 2014, is appropriated, adopted, approved and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same. Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for by law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South Bend Public Transportation Corporation, a total property tax levy of $3,963,443.00 and a total tax rate of 0.1137 as shown on Budget Form 4 -B are also appropriated, approved and adopted. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approved by the Mayor. Attest: Member, South Bend Common Council City Clerk cmdXWOOMMA Presented by me to the Mayor of the City of South Bend, Indiana on the 2014, at o'clock . m Approved and signed by me on the_ day of at i st READING Y" 7 F ( P03LIC HEARING 3r8 READING NOT APPROVED .;ERRED PASSED o'clock, _.m day of City Clerk, Deputy 2014, Mayor, City of South Bend, Indiana Filed lPgice 2, 0 1U14 �r CITY CLERK, SOUTH BEND, IN A& trans o � ► p south bend public transportation corporation Via Hand Delivery August 20, 2014 Mr. Oliver Davis President - City of South Bend Common Council County - City Building - Room 400S South Bend, IN 46601 Dear President Davis: Enclosed please find an original and several copies of AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORTATION'S 2015 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVNUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C. § 6- 1.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section, the first publication of Transpo's budget must occur by September 5, 2014 and the second publication must be made by September 12, 2014. Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 20, 2014. Transpo's budget was filed with the Common Council on August 20, 2014. Transpo will present this Ordinance to the Council by its Controller, Christopher Kubaszak. Tranpso's General Counsel, Jamie C. Woods, may also attend along with Members of Transpo's Board of Directors. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. Sincerely, W -- V David C�angany General Manager, South Bend Public Transportation Corporation Filed II' 'fiat r,"a c 0 2014 JOHN VCaOkb& CITY CLERK, SOUTH BEND, IN (574) 232 -9901 • FAX (574) 239 -2309. 1401 South Lafayette Blvd • South Bend, IN 46613 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 1827 Bendix Rd. South Bend, IN 46628 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 Bo of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -74- 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: 1827 Bendix Rd. South Bend, IN 46628 in order to permit A retail operation for St. Vincent De Paul Society SECTION Il. Following a presentation by the Petitioner, and a ft , public hearing, the Common Council hereby approves the petition of the Area Bo azd of Zoning Appeals, i copy of which is on file in the Office of the City Clerk. SECTION IH. The Common Council of the City of South Bend, Indiana, hereby finds that: prtff,E3.rr 7 t•?�T Fti"�Cr1lF3'r I . The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 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. Member of the Common Council Filed in Clerk's Offl -e El 4 2014 JOHN CITY CLERK SOUTH END, IN j Special Exception Petition St. Vincent de Paul Society of St. Joseph Country, Inc. Petitioner: Anne Hosinski Watson, Executive Director, St. Vincent de Paul Society Location of property in petition: 1827 Bendix Rd. South Bend, IN 46628 Statement of variance requested and reason for request: A special use variance is being requested for the subject property so St. Vincent de Paul Society can legally exercise retail operations within their leased portion of the building. The proposed 42,000 SF portion of the building with frontage on Bendix Rd. will contain about a 12,000 SF retail floor to sell donated goods. 1. This zoning Special Exception will not be injurious to the public health, safety, morals and general welfare of the community because the retail floor will be clean and operated under proper HVAC. Area of operations also has a proper fire suppression system and ample pedestrian exits. 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 because this Special Exception will not disrupt the operations of adjacent properties or use their premises for any reason. The retail floor requested is within the building and not visible from the outside. 3. This strict application of the terms of the zoning ordinance will not result in practical difficulties in the use of the property because it will be practiced within the legally leased portion of the subject property. Zoning Classification: LI Light Industrial Township : Portage Township S' ature Petitioner Anne Hosinski Watson Executive Director St. Vincent de Paul Society of St. Joseph County, Inc. 520 Crescent Ave., South Bend, IN 46617 1 -574- 318 -3003 Owner Name: 1827 Bendix Holdings LLC Owner Address: Ste 400, Grand Rapids, MI 49503 Property Address: 1827 N. Bendix Owner Name: 1827 Bendix Holdings LLC Owner Address: Ste 400, Grand Rapids, MI 49503 Property Address: 18 3500 Voorde Drive Owner Name: Republic National Distributing Company of Indiana LLC Owner Address: 700 W. Morris St, Indianapolis, IN 46225 Property Address: 1880 N. Kenmore Owner Name: N & D Enterprises Inc Owner Address: P.O. Box 1338, Elkhart, IN 46515 Property Address: 3409 Voorde Drive Owner Name: Lalwani LLC Owner Address: 1901 Bendix Drive Property Address: 1901 N. Bendix Owner Name: Mittiga Maria Owner Address: 26142 Twin Lakes Trail, South Bend, IN 46628 Property Address: 1735 N. Bendix Drive L `wigI xj �100 J" - .00 L T 7=7- Gc W 3Al8CJ XION38 -N LLJ It F— It 0 =-f- -1 0 ■93 W. I 9 91 I r. 0 o r. EO �a a ( \! �) ! \!/ ` {| {| {� � { ! � �.Dm01 Mill! � | {. ;• |,��., |i!. |( | | || . ! mR /�y_�& \ ( \ s E 9 4 { 5 a ;��pEE��gsE :sgq e8 es ei9 . d IE zF 9 94. {E fes� B E o i E fit i4lio I IOU, F °{ a .`sFE (TEES i S F C t I i E S•[ €ti c EFI [[ }ipeF 'e € P i S 's z z= i� '4 f E a fEa`� f e �5 sfEp . � Es E [ 9 S v i i 6 a4. � z Fgg� $p 3 s ........g ell .:6En E:H € e� 3 6 f a r +B E ' e gps B i 7 3$ f F f z s E es ypa I t8 ALTA/ACSM LAND TITLE SURVEY MCHMOrvNDBU N 1827 N. BENDIX DRIVE B 3500 VOORDE DRIVE, _ Sm. Boos O d r 14.11E pt i Wall :k1E x4. HI I if E C ta6'1:° €5ff afl Ai C ypa I t8 ALTA/ACSM LAND TITLE SURVEY MCHMOrvNDBU N 1827 N. BENDIX DRIVE B 3500 VOORDE DRIVE, _ Sm. Boos AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574/235 -9554 574/235 -5541 -Fax NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on Wednesday, the 6th day of August 2014 at 1:30 p.m. in the Council Chambers on the 4h Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by South Bend City Clerk, 7/14/2014 Seeking: industrial On property commonly described as: building .. - - - -- - the northwesI.QQMer a•lil:[ala(:36YeiNiGi: of Renji117Rt .: • Voorde Dr. Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property will not receive a copy of this notice. If you know of someone who should have received notice but didn't, please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the time of the hearing. AREA BOARD OF ZONING APPEALS Q'C Carolyn A. Henry Secretary to the Board NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 6th day of August 2014 , at 1 .-30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was Filed by: South Bend Cit Seeking: 7/14/2014 - - - -- -- - -.. ... •,••..., o.. �caacu urliOn 07 facility. Current zoning is Light Industrial Ine On real estate commonly described as: and is legally described as follows: Parcel Of Land 455'X727' Sec 3338 2Q FY SE Coo n A +- 08/09 11-28-07 alit to city for street 9530O Cr) Dated this day of Area Board of Zoning Appeals Carolyn A. Henry Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. C LAWRENCE P. MAGLIOZZI INTERIM EXECUTIVE DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN ,- - = 1-1 RUUM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2359571 July 24, 2014 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday August 6 2014. 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. 4. Petition of Devon Hastings. The staff is generally in favor of the height variance, except for the 25' x 25' clear site area at the intersection of Erskine and Victoria. The petitioner can either reduce the height of the fence in this area to 3' or put the fence on an angle, but the staff would not support a clear site area variance.. CLEAR r CLEAR SIGHT I w I SIGHT AREA 1 . AREA IIT . _ . _ .4JZJ- . lyr.\ CRY STREET 6. Petition of Michael Grzeskowiak. The staff is in favor of a height variance, but only to the height needed to accommodate the proposed building. The definition of building height is "The vertical distance from the curb level to the highest point of the under side of the ceiling beams in the case of a flat roof to the deck line of a mansard roof and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height." An elevation or building plans may be helpful in determining the height, insuring that the requested variance is not greater than needed. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA. & ROSELAND W M' W S i 1 0 3'' R C 0" N I Y I N D I A N A C O M I .. .. I. ,. The staff is generally in favor of the fence height variance. In order to screen the residential neighbors to the east, the staff recommends the east end of the fence be screened. Special Exception IF 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 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 Comprehensive Plan. 9. Petition of St. Vincent de Paul Society. Based on information available prior to the Board meeting, the staff recommends the special exception use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Allowing retail sales in an industrial area and within an industrial building will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will fill a vacant space on a busy street. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Bendix is a mostly industrial area, with some commercial mixed in. Since this use will be fronting on Bendix, any adverse affect would not extend to residential areas. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. Bendix is a highly travelled road, connecting the Lincolnway corridor to the Portage corridor. In November 2012, the MACOG traffic count on Bendix at Elwood was 18205 AADT (The adjusted, 24 -hour annualized average daily traffic count based on 48 -hours of traffic data.) (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. One of the land use objectives of City Plan is to "pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map ". The future land use map identifies this area of Bendix as light industrial. Sincerely, ,,I IN Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, 8 ROSELAND M W W t 'I O f E. H C O V N t Y I N O I A N A. C O X l, r .,,, r. AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 7, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for St. Vincent DePaul Society ABZA 8/6/14 Dear Council Members: The above referenced petition of St. Vincent DePaul Society ofStJoseph County was legally advertised on July 17, 2014. The Area Board ofZoning Appeals gave it apublic hearing on August 6, 2014, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and carried unanimously, the petition for Special Exception to allow Retail Sales in a "LI" District, on property located at 1827 Bendix Road is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Mark A. Lyons Assistant Zoning Administrator MAL /cah PETITION OF ST. VINCENT DePAUL SOCIETY SPECIAL EXCECTION AREA BOARD OF ZONING APPEALS FINDINGS OF FACT I. 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: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 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 its 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: ADOPTED this 6TH Day of AUGUST, 2014. YES NO ABSEBT MICHAEL URBANSKI M GERALD PHIPPS 0 RANDALL MATTHYS 1E BRENDAN CRUMLISH ❑x JOE VELLEMAN ❑x JACK YOUNG 0 ROBERT HA WLEY RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 501 West South Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SWING- BATTER -SWING, LLC 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 501 West South Street, South Bend, Indiana, and which is more particularly described as follows: Pt Lots 5 -8 & 13 -16 Blk 7 Lot 7 & Lot 15 Blk 8 Pt Lots 31 -39 Blk 9 Lot 9 -13 Pt 14 Blk 10 Vails Sw Add & Pt Lot 68 69 -72 Martin's Add & Vac Alleys & Sts Cont. 4.834 ac +- and which has Key Number 018- 3014 - 051501 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of eight (8) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. This resolution is adopted as an exception to the current City Code regarding the applicable business type for the following reasons: (1) the project places municipal vacant land on the tax rolls; (2) the project attracts potential regional major league affiliates; and (3).the project provides additional space for youth participation at the Four Winds Field. This further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seg, 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. P'>,F""-W FD ROT ?+.D-TT "A' YJI- Member of the Common Coun 1 .W Oil t tlX rn FSF� 15 2044 L 2 � 227 W. JEFFERSON BOULEVARD SIIITF. 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT September 15, 2014 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: Real Property Tax Abatement Petition for: Swing- Batter - Swing, LLC Dear Council Member Ferlic: PIIONE; 574/235 -9371 FAX:- 574/235 -9021 Swing- Batter -Swing has amended their original petition. They have changed the estimated square footage and also their description of the new facility. Swing- Batter -Swing is building a first class indoor hitting and training facility. The facility will have a floor area of 17,727 gross square feet with 15,202 net square feet. The project cost remain at $1,000,000 and Richard Hill, attorney for Swing - Batter -Swing has confirmed the project cost will not change. The facility will consist of six indoor tunnels and two regulation pitching mounds. In addition to the facility being used by the Silver Hawks and visiting Midwest League teams, the facility will be operated on an annual basis for the region. There will be the opportunity for individual training, team training, or even the ability to bring out the family and spend time in the batting change. The intent is to cater to both baseball and softball. The facility would be run by a full -time, reputable baseball professional. There will be a second level, known as the observation deck that will provide an area for parents to watch their kids participate. It will be an exciting facility that will help attract more people to South Bend outside of Silver Hawks baseball season. The facility will be available for a number of game -day activities that will complement the existing family - focused attractions at the stadium on game days and also will be available to be rented by individuals and groups for other special events. The project meets the qualifications for an eight -year real property tax abatement and a representative from Swing- Batter - Swing, LLC will be available to meet with the Committee on Monday, September 22, 2014. 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 -9339. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMICRESOURCES JITIN KAIN PAMELA C. MEYER CIIRIS FIELDING DONALD E. INKS Sincerely, e Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Deputy Mayor Mark Neal Scott Ford Chris Fielding h gg gp II.eSlL1F7l.•"!�>D P;�. •'g g g��p a � ��� R ,. South Smd, N 534 45 l � X P: 574235.99aB %_ill")r' ;ry ra 1Hm011 6.574235.9950 SlNertiervhs.ccm Ulll -1UJ11 �'r Maznbeforlhe MlMrBel league PROre aM15alaYwno /Na gWmnobecM September 15, 2014 John Voorde, City Clerk City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 RE: Second Amended Tax Abatement Application for South Bend Silver Hawks Professional Batting Facility Dear Mr. Voorde, Attached please find the second amended petition of Swing - Batter - Swing, LLC (the "Petitioner "), the owner of the South Bend Silver Hawks professional baseball franchise, seeking real property tax abatement for a proposed professional batting facility to be. constructed on property currently owned by the City of South Bend. This amended application corrects the square footage description of the facility on the first page of the Petition to make it consistent with the square footage referenced in the project overview. Sincer y,� Joe Hart President Attachments cc: Andrew Berlin Kathy Cekanski- Farrand Scott Ford Cheryl Greene Kathy Hahn Richard L. Hill Mark Neal David M. Rafmski David Relos Kathryn Roos Phil St. Clair Brock Zeeb {)Fps ee R ��N /r n �� SouthBond, N46634 _.. n F0�� ` P: 574.235.9888 pihmu E f D F:574.235.8850 F� L S ve Hav4ce.com Member of the Midwest League Male lam of u Mizana Dlamonabec ke September 15, 2014 John Voorde, City Clerk City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 RE: Second Amended Tax Abatement Application for South Bend Silver Hawks Professional Batting Facility Dear Mr. Voorde, Attached please find the second amended petition of Swing - Batter- Swing, LLC (the "Petitioner "), the owner of the South Bend Silver Hawks professional baseball franchise, seeking real property tax abatement for a proposed professional batting facility to be constructed on property currently owned by the City of South Bend. This amended application corrects the square footage description of the facility on the first page of the Petition to make it consistent with the square footage referenced in the project overview. Sincerely, Joe Hart President Attachments cc: Andrew Berlin Kathy Cekanski - Farrand Scott Ford Cheryl Greene Kathy Hahn Richard L. Hill Mark Neal David M. Rafmski David Relos Kathryn Roos Phil St. Clair Brock Zeeb sa 2nd AMENDED (SEPTEMBER 15, 2014) City of South Bend ;ofsotT,rd Petition for Incentives _ Petition must Include a $250 flling fee payable to the City Clerk's Office before processing con be complete tats Batting Facility Legal name as registered with Secretary of Swing - Batter -Swing LLC State Business structure Companywebsite www.silverhawks.com Proposed Project Information Proposed project address 5O1 W. SOuth Street varent company name City, state, Zip South Bend, IN 46601 Legalowner Andrew T. Berlin Site acreage or acreage required Is the real estate owned or square feet of facility oar area: gross sq. If leased by whom Primary Contact Information 75,202 net sq. g. Primary companyeontact name ,foe Hart Title president Address of company contact 501 W. South St. Phone 574 - 235 -9988 City, state, Zip South Bend, IN 46601 Email 1hart @silverhawks.com Company senior otfidal name Andrew T. Berlin Tide Owner Address of company contact (if different from 525 West Monroe, 14th Fl. Phone 312.869.7556 City, State, Zip Chicago, IL 60661 Consultant Information/Agent Email andrew.berltn erlinpackaging.co Hired business consultant /agent name Conwltant release (Y /N) Address local economic elmopmenlpanners a roval y N City. state, zip Email Project Overview Brief desaipdon of your company, project, and why the See attached sheet property is necessary for economic growth ' A in Clerkae Office SEP 15 2014 JOHN VOO-fm =: T" XERK, SOUTH SENC, I?,' Certified Technology Park appropriate N Community Revitaliution Enhancement N CeNNthatthe Building Permit has not been E�� Y Number of residential units seated by N/A If this is a petition for Personal property tax abatement ,has N the equipment been installed Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year. lobs retained I TOtal hourty wage w/o fringe or bonuses ` Cumulative III of net NEW full time permanent jobs created at project Hourly averaee wage, w/o benefits or bonuses, of cumulative net newjobs Totaltraintng TotelOtobe expenditure- trained -not not cumulative cumulative 2014 2015 2016 1 $30 per hr. 201] 2018 2019 2020 2021 2022 2023 2024 2025 11111111111111111111111111111111111111111111 111111L] Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate Qualify p information. If you qualify for the points, please enter the full amount of available (yes or No) points. - Earned Points - Available Points 1 Construction Related (Contractors): A. Employ Local Companies (75%) y 20 20 B. Purchase Materialsfrom Local Companies (75 %) y 20 20 C. Require Employees vs. Independent Contractors y 19 19 D. Require Prevailing Wage (Davis Bacon) y 22 22 E. Require. Health Benefits y 22 22 F. Require Pension Benefits y 18 18 G. Maintain Affirmative Action Plan 20 20 Sub -total Construction Related: o 141 141 2 Wage & Benefit Related (Owner): A. Pay Target Wage Levels y 33 33 B. Provide Health Benefits y 34 34 C. Provide Pension Benefits y 29 29 D. Provide Training y 28 28 E. Provide Child Care N 35 F. Provide Transportation Assistance N 14 G. JProvide Employer Assisted Housing program 9 Sub -total Wage & Benefit Related: 0 124 162 3 Workforce Related: A. Create New Jobs y 42 42 B. Retain Existing Jobs y 41 41 C. Maintain Affirmative Action Plan y 35 35 D. Provide Targeted Hiring Preference N 34 Sub -total Workforce Related: 0 118 152 4 Support a Municipal Facility: A Support a SB Municipal Facility (donations to the zoo, conservatory, museum, etc.) y 84 1 84 Name of Facility Our Winds Field Sub -total Municipal Facility: 84 84 Sub -total from Above: 0 539 The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of the City of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6.1.1- 12.1 -1, et sea., and South Bend Municipal Code Sec. 2 -76 et sea.. for this petition state the above. Submitted By: Date: I J i CITY dLW s ` lice ------ 1 2014 ,5. Ina What is the current assessed value? Real Property: NSA Personal Property: $578,590 What is the projected assessed value? Real Property: $850,000 Persona l Property: What is the tax key number for this project? 018-3014-051501 What is the six digit NAICS code? 71121 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes paid forthe last five years when applicable. Real Property Taxes: Personal Property Taxes: Year One $20,943.18 - 2014 YearTwo $1,552.08 -2013 Year Three $2,080.86 -2012 Year Four Year Five Staff Use Please fill out the Public Benefit Summary Information Only and add to the total YorN Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub -total Project Related: 0 120 6 Super Size Projects (point values are cumulativel: 25 A. 100% to 199% B. 200% to 299% 68 C. 300% to 399% 65 D. 400% and Over 52 Sub -total Super Size Projects: 0 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50% of Extension Cost C. Pay for 51 -75% of Extension Cost D. Pay for 76- 100% of Extension Cost Sub -total Infrastructure Related: 26 39 52 0 131 Total from Applicant Section: 0 539 Total from Staff Section: 0 0 i "�: ,.. ¢}'°j �3ae®p.frf Total Public Benefit Points: I J i CITY dLW s ` lice ------ 1 2014 ,5. Ina 1) How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to: City Clerk's Office Attn: Deputy City Clerk 227 West Jefferson Blvd.. Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. _ 6 CREeD District Boundary arp g Grace Spah SOWN Fob Dli,.argOw Z5 �n N J Polantl Dunham & z S FUher I Tuft run Sample 9 eta Kert MPO Gore[ — LL 3 �cm Igri20n Stoll c x F 2 v Broatlway � EmV.,d — $ Haney Legend NN QCPEeD Oivrkl ti IMlere'g. E e Intliana O SouN 0.M Percale 2 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelm_an in the __ Department of Community Investment at 574.235.5842 or email atsheintze southber o d in Clerk's Q>4fi8?e i 1 2014 AMENDED (September 11, 2014) City of South Bend Petition for Incentives Swing- Batter -Swing LLC is building a first class indoor hitting and training facility. The facility will have a floor area of 17,727 gross square feet with 15,202 net square feet. The facility will consist of 6 indoor tunnels and two regulation pitching mounds. In addition to the facility being used by the Silver Hawks and visiting Midwest League teams, the facility will be operated on an annual basis for the region. There will be the opportunity for individual training, team training or even the ability to bring out the family and spend some time in a batting cage. The intent is to cater to both baseball and softball. The facility would be run by a full -time, reputable baseball professional. There will be a second level, known as the observation deck that will provide an area for parents to watch their kids participate. It will be an exciting facility that will help attract more people to downtown South Bend outside of Silver Hawks baseball season. The facility will be available for a number of game -day activities that will complement the existing family - focused attractions at the stadium on game days and will also be available to be rented by individuals and groups for other special events. US.54846651.01 Filed in Clerk "s Office Lei , _ IN OSTATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS S State Form 51767 IN 12.13) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1. 12.1.4) O Residentially distressed area (IC 6 -1.1- 12.1 -4.1) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prforto the public hearing If the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. Projects "planned of committed to after July 1, 1987, and areas designated after July 1, 1967, require a STATEMENT OF BENEFITS. (IC 64.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice Is mailed to the property ownerif it was mailed atterApril 10. If the property owner misses the May 10 deadline in the initial year of occupation, he can apply between March 1 and May 10 of a subsequent year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Rea) Property annually to the application to show compliance with the Statement of Benefits. [IC 6 -1.1- 12,1 -5, 1(b) and IC 6-1.1- 12.1 - 5.36)). 5. The schedules established under IC 6-1.1- 12.1 -4(d) for rehabilitated property apply to any economic revitalization areas designated after June 30, 2000, unless an alternative deduction schedule is adopted by the designating body (IC 6 -1.1- 12.1 -17). The schedules effective priorto July 1, 2000, shall continue to apply to economic revitalization areas designated before July 1, 2000. SECTIOA 1 WAPATER INFORMATION Name of taxpayer Swing- Batter -Swing LLC Address of taxpayer (number and street, city state, and ZfPcode) 501 W. South Street, South Bend, IN 46601 Name of contact person Telephone number E -mail address Joe Hart ( 574 235 -9988 jhart@silverhawks.com SECTION 2 LOCATION D DESCRIPTION OF PROPOSED PROJECT" Name of designating body Resolution number Location or property County DLGF taxing district number 501 W. South Street, South Bend, IN 46601 St. Joseph Description of real property improvements, redevelopment, or rehabilitation (use addieonalsheers irnecessary) Estimated start date (month. day. yeafj 10/1/2014 Estimated completion date (month, day, yeeq 4/1/2015 Cumentnumber Salaries Numberrelamed Salaries Number additional Salaries 0 N/A 3 $85,000+ REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values � Plus estimated values of proposed project Less values of any property being replaced 0 Net estimated values upon completion of project Estimated solid waste converted (pounds) Estimated hazard ast rA e - 9 Other benefits See attached sheet r 1 2094 JOHF V66' +.4^g CITY CLERK, SOUTH SEND, IN SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature araulhodzed represenlatHe iNe Dale signed (month, day, year) Page 1 of 2 AMENDED (September 11, 2014) City of South Bend Petition for Incentives Swing- Batter -Swing LLC is building a first class indoor hitting and training facility. The facility will have a floor area of 17,727 gross square feet with 15,202 net square feet. The facility will consist of 6 indoor tunnels and two regulation pitching mounds. In addition to the facility being used by the Silver Hawks and visiting Midwest League teams, the facility will be operated on an annual basis for the region. There will be the opportunity for individual training, team training or even the ability to bring out the family and spend some time in a batting cage. The intent is to cater to both baseball and softball. The facility would be run by a full -time, reputable baseball professional. There will be a second level, known as the observation deck that will provide an area for parents to watch their kids participate. It will be an exciting facility that will help attract more people to downtown South Bend outside of Silver Hawks baseball season. The facility will be available for a number of game -day activities that will complement the existing family - focused attractions at the stadium on game days and will also be available to be rented by individuals and groups for other special events. Filed in Clerk's Office 2414 CITY CLERK, SOUTH SEND, IN US.54846651.01 si IP-s Al . 2 «> � »w Al �,. . � /\ ^ 2& •�� <1 . > > /�/ 3 � \ \�. � � \ \ \ y s AINO S3SOJUI)d —I1 aNOd ANVNWMNd 5a'NMH a'3n115 QN39 HLl105 qq.� T�:� °� u rocv. pose 39V'J 6.�R.fJH 3H1 i S1 _ II S zz I I( I I I I -1 i r -1 IYI ICI i II it I i0 i'Ij ii i id it lli li i !�i i I li I ICI' i II II i ini � j " I I� I I I I 11 I I I I I I IfL I I I I I I 1 I I I i I -1 -y I t I R I III I I' I. I l II i i i l i i c i i e I I I c ns I L - - - - -- I I I I 0000cco� 3� °, fc❑ � 000 � occ000 i 000000❑ I J l o-_ —_ 00 0000000 ooc I I I I I I I I I I a l i I I n 0 z n 3 m � a r e H m s v s Z L g Fn a 4. 101 Ell A^ LIB 9 u Av aw i Filed it off 7 2014 19 10. ❑ Ell A^ LIB 9 u Av aw i Filed it off 7 2014 &-L� 00_ N_�'3 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1203 North Notre Dame Avenue AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Michael Seamon WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1203 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot 30 Univ Hts and this property has Tax Key Number 018 -5123 -4382, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seg., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1 SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10,2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed. redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. 2 F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 0:: 1 ovyf � r atsrn(TEo 1�iG1T yrl'f'1^.O,YIT,y 3 Filed in ; x : f, Office Ft 9 Q1 .JOHN y'r. s<,5' 0E CITY C6_ER , SOJ 1 H SEND, IN 227 W. JEFFERSON BOULEVARD SUITE: 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT September 15, 2014 SCOTT FORD, EXECUTIVEDIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE:Residential Real Property Tax Abatement Petition for: Michael Seamon Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx:574/235 -9021 Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by Michael Seamon to build a single - family home at 1203 North Notre Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single - family home at a cost of approximately $425,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, September 22, 2014. 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 -9339. Sincerely, 7�I Brock Zeeb Director Economic Resources Attachments cc:South Bend Common Council Members Deputy Mayor Mark Neal Scott Ford Chris Fielding 4., zatI Le, 1 CITY CLB`;:; is u ti li SEND, IN PLANNING NEIGIIRORIIOOD ENGAGEMENT BUSINESS DEVELOPMF.N'I" ECONOMIC RESOURCES J11 IN KAIN PAMELA C. MEYER CHRIS FIELRING DONALD F. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAXABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HANN PHONE: 574/235 -9371 FAX: 574/235 -9021 SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Michael Seamon DATE: September 15, 2014 On September 10, 2014, a petition for residential tax abatement consideration for real property located at 1203 North Notre Dame Avenue was filed with the City Clerk by Michael Seamon. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION The petitioners intend to construct a 2,600 square foot single family home on a vacant lot at a cost of $425,000. The home will have four bedrooms, 3 1/2 baths along with a 2 car garage, and a partially finished basement. Total taxes to be abated during the (5) five -year abatement period are estimated to be $1,893. Total taxes to be amid during the (5) five -year abatement period are estimated to be $26,855. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES ,117 IN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS South Bend Common Council RE: Michael Seamon September 15, 2014 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. CiiYts`:t ,,< BOVD, IN' 5 YEAR Michael Seamon South Bend Portage Township Residential Real Property Tax Abatement Schedule- Estimated Project Cost: $425.000.00 16- Sep -14 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. Foley "Tex Paid is calculated using the difference between actual assessed value of structure and maximum abated Portion of $74,880 and adding back the land assessed value. i 1 2014 { JC Y 1t rt° Total Taxes Tax Abated* • Tax Paid"' Assessed Value: Structure (% AV of cost) 100.0% 425,000.00 425,000.00 425,000.00 Land Value 20,000 20,000.00 N/A N/A Gross Assessed Value 445,000.00 425,000.00 425,000.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45.000.00) Less Supplemental Homestead Deduction (140,000.00) (140 000.00) (140 000.00) Base Assessed Value 257,000.00 237,000.01) 237,000.00 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Non - Abated Amount N/A (162,120.00) N/A Pius Land Assessed Value N/A N/A 20,000.00 Net Assessed Value 257,000.00 74,880.00 182,120.00 Property Taxes: Assume constant tax rate of 5.0228% 5.0228% 5.0228% Gross Tax (tax rate x net assessed value) 12,908.53 3,761.05 9,147.48 Less County COIT Homestead Credit: 7.3430% (947.87) (276.17) (671.70) Tax Due Before Circuit Breaker 11,960.66 3,484.88 8,475.78 Less Circuit Breaker Credit (6,211.01) (3,106.21) (3104.80) Net Tax 5,749.65 378.67 5,370.98 Circuit Breaker Cap Circuit Breaker 1.0000% 4,450.00 4,250.00 4,450.00 Debt Service 0.5057% 1,299.65 378.67 920.98 Circuit Braker Cap 5,749.65 4,628.67 5,370.98 Net Total Assessed Taxes Tax Tax _ Year Value Due Abated Paid 1 257,OOD.00 5,749.65 378.67 5,370.98 2 257,000.00 5,749.65 378.67 5,370.98 3 257,000.00 5.749.65 378.67 5,370.98 4 257,000.00 5,749.65 378.67 5,370.98 5 257,000.00 5,749.65 378.67 5,370.98 5 year totals: 28,748.25 1,893.34 26,854.90 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. Foley "Tex Paid is calculated using the difference between actual assessed value of structure and maximum abated Portion of $74,880 and adding back the land assessed value. i 1 2014 { JC Y 1t rt° CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C. 6.1.1- 12.1.1, et sea.. and South Bend Municipal Code Sec. 2.76 et sea. , for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the .proposed use of the improvements, and a general statement as to the importance of the proiect (use additional 2. Estimate the dollar value of the construction project (do not include land cost): $_y_ a�1 CrL — 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): 4. The commonly known address of the Property is: 1203�_A4'c_�!iz e j , – and having tax key no.:S7L}� = 51x3 -43 _____ –_ (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 8. The current assessed valuation of the property before construction is $ 9 a dC7 ____ (use additional sheet for multiple addresses). (Information may be obtained from the St. Joseph County Assessor's Office, 235- 9523). 9. List the real property taxes paid at the location daring the previous two years, whether paid by the current owner or a previous owne (use additional sheet for multiple addresses): _a013 -_ $1taqZ3� -------------------------------------------- (This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 10. What is your best estimate of the after completion market value of the property: $ Sn0_(JCC) (Rev. 5/13/11) .-,),. iIls 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development pf.the property: 14. The current use of the property is �Ja c a �x — _ —___— _— - - -- — _ and the current zoning is Sf L— (use). (This information may be obtained from the Building Department 235.9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment a ommission (riguinng approval of the tax pbitement by the Redevelopment Commission): III 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Addre: City, S Teleph Email WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. (Rev. 5/13/11) Filed in t�.�,_ ° ffice 10 2014 JOHN V'OO'krZ CI'T'Y a LEM , SOUTH BFND, IN Name of Property Owner(s): By` Xature • - -- — ` - -- (Typed or printed name and capacity) STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R2 / 1 -07) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies 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 6- 1.1- 12.1 -4.8) 20_ PAY 20_ FORM SB -1 I Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable, must be filed with the County Auditor by the later of (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6 -1.1- 12.1- 5.1(b) and IC 6 -1.1- 12.1 - 5.36)1 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1- 12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. TAXPAYER INFORMATION of taxpayer A�reess f taxpayer (number and city, street, state, end Z/PCOde) i. N GQq _� SN C165-30 Name of contact person Tele hone number EP E- mail address SECTION • • AND DESCRIPTION OF -••• r PROJECT Name of designating body Resolution number rI L Loca ion of property ^ y'� �� County ^ DLGF taxing district number Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) A,VGw R&w6'AA #vRDX 2,00 ,%le FTW1A 2 �K stimatteed`start date , day, year) Estimated completion date (month, day, year) M/'F AAV AR QVA A r.� FOR USE OF THE DESIGNATING :., 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, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years ` (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body designating 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 to receive a deduction to a number of years designated IC under 6- 1.12 - 12.1 -d. residentially distressed areas, the deduction period may not exceed five (5) years. Facant redevelopment and rehabilitation or real estate improvements: f the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. f the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. buildings, the deduction period may not exceed two (2) years. Page 2 of 2 Rlj! A ov CITY OF SOUTH BEND, INDIANA REQUIREMENTS FOR ALL PETITIONERS SEEKING SINGLE - FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single - family residential real property tax abatement consideration for development of multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: 1. Filine Requirement with the Office of The City Clerk: File with the Office of the City Clerk, 4` Floor County -City Building, South Bend, Indiana 46601, prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single - family residential construction where multiple parcels are involved and which is specifically addressed in § 2 -77 of the South Bend Municipal Code, the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. 2. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any, and contact person(s) and which must include the following: • Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana • A map of the development addressed by the abatement listing the property key number for the parcel in question as well as its street address • Verification of the number of years granted by the tax abatement and the month /year the final action was taken by the South Bend Common Council • Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated • Verification of the petitioner (developer's) duties with regard to the Statement of Benefits form (SB -1) • Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must be completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement (Rev. 5/13/11) • An attachment of the Confirmatory Resolution which approved the abatement in question • Inclusion of contact information, including but not limited to: Department of Community and Economic Development Division of Economic Development 1200 County -City Building South Bend, Indiana 46601 (574) 235 -9371 (574) 235 -9021 Facsimile St. Joseph County Auditor's Office 2 "d Floor County -City Building South Bend, Indiana 46601 (574 235 -9668 (574) 235 -5024 Facsimile Office of the City Clerk 4th Floor County -City Building South Bend, Indiana 46601 (574) 235 -9221 (574) 235 -9173 Facsimile 3. Required Filin 7 of All Revised Information Statements: Any Information Statements which are revised should be filed with of Office of the City Clerk as soon as practicable by the petitioner /developer and in no event filed later than their first use with prospective property owners in the affected tax abatement area. the petitioner of record seeking single - family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as �?!j3>�lur AVC hereby acknowledges the requirements set forth herein a!4 jjWe tp9 idej!ywcb.Q4knditions. Typed Name of Record Address and Telephone Number of Record rtness Sign a> re Typed Name and Official Capacity Address and Telephone Number • " " � BRANDY MARIE RICE Signed this day o£= t(�'�'�` 20/ F �% `%a "a • „o"�„ m`a "a� �� . °' Notary Public, State of Indiana _r — Elkhart County Fife I! i . - � Y ( . . ... . OffrC sEAt Commission 0 629 e Commission a Se P me 6. Expires 0) c i (Rev. 5/13/11) 2 t= DE i ti >>, ..:;.f• .;CHSEND, IN LOT 30A, UNIVERSITY HEIGHTS ADDITION, FIRST REPLAT SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA ENGINEERING ARCH` ARCHITECTURE ..ArONI� ---- LAND SURVEYING Confidence By Deslgn NT I cl � h COMMUNITY PLANNING COMMUNITY PLANNING o•I NI 3 AROHIT wl - VELOPMENTSERVICES SERVICES 750 LINCOLN WAY EAST MANISTEE, MI ��NDSCAPE SOUTH BEND, IN 46601 SOUTH HAVEN. MI (PER VARIANCE) 7574.232.8700 BENTON HARBOR. MI 25' FRONT BUILDING SETBACK dl \ F 574.251.4440 PORTAGE, IN LOT 30A, UNIVERSITY HEIGHTS ADDITION, FIRST REPLAT SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 6' SIDE YARD SETBACK 16.0 W 48.6' _ _ _— 33.17 '7.67 n m Z 24.0 W 11.83' m O Q > V n GARAGE HOUSE W wyI 30A n nl rn 24.0' ry11.83' 13.67' a Cq CD 2f.33.33 ' C K y 15' SIDE STREET SETBAC O ,DR1IYEWRY- q Z NAPOLEON STREET (82.5' R /W) NOTES: I. FRONT& SIDE YARD SETBACK DIMENSIONS SHOWN ARE MEASURED TO HOUSE FOUNDATION. 1 CONTRACTOR SHALL NOT PROCEED WITH ANY EXCAVATION OR CONSTRUCTION ACTIVITY UNTIL ALL PERMITS ARE OBTAINED. 3. THIS DRAWING DEPICTS THE APPROXIMATE LAYOUT OF THE LOT. FOR ACTUAL DIMENSIONS, SEE THE RECORDED FINAL PLAT. 4, WHEN BUILDING A STRUCTURE BELOW GRADE, SPECIAL CONSIDERATION SHOULD BE GIVEN TO SOIL CONDITIONS. FOUNDATION DESIGN. ETC. SUCH CONSIDERATION IS BEYOND. AND NOT PART OF, THE SCOPE OF THIS PLAN. 5. FRONT SETBACK, AS SHOWN, SUBJECT TO APPROVAL PER VARIANCE BY THE AREA BOARD OF ZONING APPEALS. Filet! in `uiy 0 11114 I, f 0171 GL ?" r 1iii, IN, 0 75 30 SCALE: I = 30' BAR SCALE IN FEET O W Z O DRAWING FOR: BUILDING PERMITS ONLY D DATE OF FIELDWORK: D 8,514 SQ. FT. (0.20! ACRES) ---- _------- N89 ° 59' 23"E 139.31' I_ I m I cl � h o•I NI I 3 31A wl I M vl �I o PROPOSED 15' FRONT BUILDING SETBACK WI o (PER VARIANCE) ig I i 25' FRONT BUILDING SETBACK dl \ o� NI 6' SIDE YARD SETBACK 16.0 W 48.6' _ _ _— 33.17 '7.67 n m Z 24.0 W 11.83' m O Q > V n GARAGE HOUSE W wyI 30A n nl rn 24.0' ry11.83' 13.67' a Cq CD 2f.33.33 ' C K y 15' SIDE STREET SETBAC O ,DR1IYEWRY- q Z NAPOLEON STREET (82.5' R /W) NOTES: I. FRONT& SIDE YARD SETBACK DIMENSIONS SHOWN ARE MEASURED TO HOUSE FOUNDATION. 1 CONTRACTOR SHALL NOT PROCEED WITH ANY EXCAVATION OR CONSTRUCTION ACTIVITY UNTIL ALL PERMITS ARE OBTAINED. 3. THIS DRAWING DEPICTS THE APPROXIMATE LAYOUT OF THE LOT. FOR ACTUAL DIMENSIONS, SEE THE RECORDED FINAL PLAT. 4, WHEN BUILDING A STRUCTURE BELOW GRADE, SPECIAL CONSIDERATION SHOULD BE GIVEN TO SOIL CONDITIONS. FOUNDATION DESIGN. ETC. SUCH CONSIDERATION IS BEYOND. AND NOT PART OF, THE SCOPE OF THIS PLAN. 5. FRONT SETBACK, AS SHOWN, SUBJECT TO APPROVAL PER VARIANCE BY THE AREA BOARD OF ZONING APPEALS. Filet! in `uiy 0 11114 I, f 0171 GL ?" r 1iii, IN, 0 75 30 SCALE: I = 30' BAR SCALE IN FEET O W Z O DRAWING FOR: BUILDING PERMITS ONLY D DATE OF FIELDWORK: D DATE: 09/05/14 Mt 1 t a'r r l' � x a f � a a v y v 9 p � 4,\ \ f x P RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SOUTH BEND FIRE DEPARTMENT 2014 STRATEGIC ACTION PLAN WHEREAS, in 2013 leaders of the South Bend Fire Department (SBFD) agreed that SBFD would benefit greatly from accreditation through the Commission on Fire Accreditation International, and as part of that process, the SBFD undertook a systemic review of the SBFD with participation of Department members and community leaders, to produce a written Strategic Action Plan which would provide short term- direction; set goals and objectives; optimize the use of resources; and build a shared vision for the SBFD; and WHEREAS, Internal and External Stakeholders Committees were formed and regular meetings were conducted, facilitated by members of the South Bend/Mishawaka Chamber of Commerce Leadership Program; and WHEREAS, the discussions of the Internal and External Stakeholders Committees resulted in the South Bend Fire Department 2014 Strategic Action Plan (the Plan), a true, complete copy of which is attached to this Resolution; and WHEREAS, the Plan contains goals and objectives which are useful to future progress and improvement of the SBFD and in setting the SBFD's fiscal priorities; and WHEREAS, it is essential to communicate and disseminate the Plan to the greater South Bend community; and WHEREAS, The South Bend Board of Public Safety approved the Plan at its meeting held September 17, 2014; and WHEREAS, the South Bend Common Council as the legislative body of the City now desires to approve the Plan in order to show its support for the goals and commitments of the SBFD; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The South Bend Fire Department 2014 Strategic Action Plan attached hereto is in all respects hereby approved and confirmed. Section II. This Resolution shall be in full force and effect from and after its adoption by the South Bend Common Council and compliance with procedures required by law. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: G�-^ -) 041 r ( di-- Member of the Common Council (I Attest: -nd City Clerk "'.'177014' NOT APRQVT&� ADOMIq 1222 S. MICHIGAN STREET SODTH BEND, INDIANA 4660I -2$21 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR SOUTH BEND FIRE DEPARTMENT STEPHEN F COX FIRE CHIEF Common Council President Oliver Davis County -City Building South Bend, IN 46601 President Davis, PHONE 574/235 -9255 FAX 574/235-9305 September 17, 2014 I am respectfully requesting the South Bend Common Council consider my recommendation to approve the adoption of the South Bend Fire Department Strategic Action Plan. This plan was created by a committee of members of the South Bend Fire Department representing different demographic groups and all shifts in each Battalion. Meetings were held with third party facilitators in order to analyze issues the Department is experiencing and setting goals in order to mitigate those issues. As this is a living document that will be constantly monitored to analyze improvements to the Department, this internal committee will continue to meet and adjust goals and tactical decisions to address future issues as well. Along with an internal committee, the Department reached out to a group of external stakeholders from throughout the community to gain insight into the service provided by the Department. The members of the South Bend Fire Department are proud of the work that was done to create this plan and I ask that the Council approve it. Than you, Step n "FCox Fire hie ZppP stV /! / JAMES LOPEZ TODD L. SKWAROAN ANDREW J. MYER JOHN CORTHIER FEDERIOO RODRIGUEZ, JR ASST. CHIEF OPERATIONS ASST. CHIEF SERVICES ASST. CmEP EMS ASST. CHIEP TRAINING FIRE MARSHAL. RESOLUTION NO. 45-2014 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE'SOUTH BEND FIRE.DEPARTMENT 2014 STRATEGIC ACTION PLAN WHEREAS, in 2013 leaders of the South. Bend Fire Department (SBFD) agreed that SBFD would benefit greatly from accreditation through the Commission on Fire Accreditation International, and as part of that process, theSBFD:undertook a systemic review of the SBFD with participation of Department members and community leaders; to produce a written Strategic Action Plan which would provide short term- direction; set goals and objectives; optimize. the use of resources; and build a shared vision for the SBFD; and WHEREAS; Internal and External Stakeholders Committees were formed and regular meetings` were conducted, facilitated by members of the South. Bend/Mishawaka Chairiber of Commerce: Leadership Program; and WHEREAS, the discussions of the Internal and External Stakeholders Committees resulted in the South Bend Fire Department 2014 Strategic Action Plan (the Plan), a true; complete copy of which is: attached to this Resolution; and WHEREAS, the Plan contains goals and objectives which are useful to future progress and improvement of the SBFD and.in setting the SBFD's fiscal priorities; and WHEREAS, it. is essential to communicate and disseminate the Plan to the greater South Bend community; and WHEREAS, the South Bend Board of Public Safety as the executive body of the Public Safety Departments: of the City now desires to approve the Plan in order to show its support for the goals and commitments of the SBFD; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Safety of the City of South Bend, Indiana, as follows: Section I. The South Bend Fire Department 2014 Strategic Action Plan attached hereto is in all respects hereby approved and confirmed. Section II. This. Resolution shall be in full force and effect from and after its adoption by the South Bend Board of Public Safety and compliance with procedures required by law. provisions pertaining to police and fire protection at pages 7 and 8 of Exhibit "A ", for the furnishing of said services to the territory to be annexed. Adopted the /%4 day of 2014. BOARD OF PUBLIC SAFETY OF THE -CITY OF SOUTH BEND, INDIANA Laura A. Vasquez John ollins Eddie L. Miller U` qv" Luther Taylor oN/.O Daniel Attest: i i da Martin, Clerk South Bend Fire Department 2014 Strategic Plan TABLE OF CONTENTS THE PROCESS MISSION STATEMENT VISION STATEMENT 2 2 7 7 VALUES..................................................................................................................... ............................... 7 SWOTANALYSIS ........................................................................................................ ............................... 8 STRENGTHS............................................................................................................... ............................... 8 WEAKNESSES............................................................................................................ ............................... 9 OPPORTUNITIES........................................................................................................ ............................... 9 THREATS................................................................................................................. ............................... 10 CRITICALISSUES ..................................................................................................... .........................I..... 11 GOALSAND OBJECTIVES ......................................................................................... ............................... 11 GOAL 1: IMPROVE INTERNAL COMMUNICATION AND DOCUMENTATION FOR THE SOUTH BEND FIRE DEPARTMENT......................................................................................................... ............................... 12 GOAL 2: ESTABLISH AND NURTURE A CULTURE OF PRIDE. ACCOUNTABILITY & OWNERSHIP IN THE SOUTH BEND FIRE DEPARTMENT AND THE CITY OF SOUTH BEND ...................................... ............................... 13 GOAL 3: INCREASE OUR COMMUNITY OUTREACH .................................................. ............................... 14 GOAL 4: CREATE A CONSTRUCTIVE AND DESIRABLE EMS CULTURE AND SYSTEM ... ............................... 15 GOAL 5: ESTABLISH A TRAINING PROGRAM THAT IS CURRENT, CONSISTENT AND PROACTIVE ............. 17 South Bend Fire Department 2014 Strategic Plan Introduction Members of the South Bend Fire Department created the following strategic plan in order to develop a living document that would be easily acted upon to steer continuous improvement within the Department- ouerthe shortand long term. The Process Starting out as a volunteer fire company, which organized in 1853, the South Bend Fire Department has evolved into a modern, career fire department of 251 sworn members. All - hazards response services include fire suppression, emergency medical services and transport ambulance, hazardous materials and technical rescue responses, and swiftwater and dive team operations. Over the last 161 years, as South Bend grew from a settlement to a town and into an industrial city, the needs of the community from the fire department have continually evolved. In order for the South Bend Fire Department to adapt and respond to those changes, strategic planning has been necessary. Inlate 2013, Department leadership, including members of the IAFF Local 362 leadership team, agreed that the Department would benefit greatly going through the process of gaining accredited status through the Commission on Fire Accreditation International. As part of this process, it was decided to hold a formal strategic planning session which included members of the South Bend Fire Department to create a community -driven Strategic plan document. This document is a plan which will be systematically reviewed by a joint committee in order to remain current and relevant to the Department's needs. Classes were held with Chief Cox and Captain Metzger (Accreditation Manager) in order to explain the goals and objectives of the committee so that all departmental personnel would understand the scope of work to be done by the committee. It was explained that the strategic plan would provide short- term.direction, set goals and objectives, optimize the use of resources, and build a shared vision for the Department. Page 2 of 18 South Bend Fire Department 2014 Strategic Plan of the committee were voted on by all members of the Department. It was decided that representation would be broken down to one representative per battalion by shift, and one representative in each seniority level: 0 -10 years of service, 11 -20 years of service, and 21 years and above. Three additional firefighters were asked to take part. Additionally, 2 Assistant and 3 Battalion Chiefs were assigned to the committee. One firefighter was voted to represent 8 -hour personnel and Sharon Perez was voted to represent the civilian employees of the Department. The Accreditation Manager (Capt. Metzger) and Assistant Manager (Capt. Ort), along with Chief Cox, and Union Vice President Chris Baker also attended. SBFD Internal Stakeholders Committee ivuY Justin Lachmund (0 -10 yrs.) `° .U1QU 1 UG11f11E,'.Nl VJI L� r Gerard Elhs (11 -20 yrs.) .a�vau �v�.0 �.i v_r,�j Rick Bourdon (20+ yrs.) Lisa McCreary, (A -Shift) Corey Powell (B -Shift) Rob Eddy (C- Shift)_ Jim Weinberg (40 Hr) Sharon Perez (Civilian Emp) Jim Luccki (B /C) Nick Teckler (B /C) Mark Catanzarite (B /C) Todd Skwarcan (A/C) Federico Rodriguez (A/C) It was also decided that a third -party facilitator would be valuable to ensure the meetings were conducted without the bias of leadership input. For this purpose, Juliann Jankowski and Pam Newman from the South Bend/Mishawaka Chamber of Commerce Leadership Program were approached, and they graciously agreed to facilitate the meetings. It was also decided that a neutral venue away from the Department would allow committee members to feel more comfortable in presenting their ideas and opinions. Therefore, the meetings were held at Innovation Park at Notre Dame in a large conference room, which facilitated all of the committee's needs. Department personnel were instructed to wear civilian attire in order to create an environment free from chain of command formalities. Page 3 of 18 South Bend Fire Department 2014 Strate is Plan PUP Innovation Park at Notre Dame In the morning of the second day of planning, the Department invited several members of the local community to open discussions about service delivery by the South Bend Fire Department, and receive direct feedback from them. Several questions were posed to the community partners and they were rotated between small discussion groups in order to expose them to the majority of SBFD personnel engaged in the committee. The following community partners attended the meeting: Page 4 of 18 South Bend Fire Department *PWON 2014 Strategic Plan External Stakeholders Page 5 of 18 South Bend Fire Department 2014 Strategic Plan It was important to receive feedback about the community's expectations of the Department in order to address any needs. There were several opportunities discussed in the small groups thathave•since- been,discussed -and explored, and potentially will develop into projects to drive the strategic plan forward. The committee: worked to create a new mission and vision statement for the department and listed many values to be incorporated into the plan. The members of the strategic planning committee should be.proud of the work that was achieved and the vision and motivation they have to improve the Department speaks volumes to the desire to be the best fire department that we can be. The purpose of a Mission Statement:is.to answer these questions: • Who are we? • Why do we exist? • What do we do? • Why do we do it? • For whom? Page 6 of 18 South Bend Fire Department 2014 Strategic Plan The following is the result of our committee member's discussion: South Bend Fire Department Mission Statement Vision Statement " It is the shared vision of the South Bend Fire Dept. to create an environment of operational excellence. This will be achieved through innovative training and participative decision making throughout the organization. We will foster a reputation ofsetting standards ofprofessionalism guided by principles of trust, integrity, honesty, loyalty and respect for all; Being accountable to each other and those we serve. This vision will guide us as we strive to provide exceptional service and education to our customers." South Bend Fire Department Value Statements Page 7 of 18 South Bend Fire Department 2014 Strategic Plan S.W.O.T. Analysis The Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis is designed to have an agency candidly identify its positive and less- than- desirable attributes. The SBFD participated in this activity to record their strengths and weaknesses, as well as the possible opportunities and potential threats. Strengths It is important for any organization to identify its strengths in order to assure that it is capable of providing the services requested by the community and to ensure that strengths are consistent with the issues facing the organization. Often, identification of organizational strengths leads to the channeling of efforts toward primary community needs that match those strengths. Programs that do not match organizational strengths, or the primary function of the organization, should be seriously reviewed to evaluate the rate of return on staff time. Through a consensus process, the Stakeholders identified the strengths of the SBFD as follows: South Bend Fire Department Strengths Culture of Safety Personnel Customer Service Public Perce lion Teamwork ` Quality Equipment Common Goals Labor /Admin , Diverse Skill Sets Strong Financial F ding 0aiter Forward TJinkin " Administration `Good Lea_dershi`" Knowledge - lbhgevit " Weaknesses Performance or lack of performance within an organization depends greatly on the identification of weaknesses and how they are confronted. For any organization to begin or continue to move progressively forward, it must not only be able to identify its strengths, but also those areas where it functions poorly or not at all. These areas of needed enhancements are those day -to -day issues and concerns that may slow or inhibit progress. The Stakeholders identified the following items as weaknesses: Page 8 of 18 �. South Bend Fire Department 2014 Strategic Plan South Bend Fire Department Weaknesses 'Teaming, £Track of, ualiiy /�nno,�?atzve ° _" Sxandarc�;O e��t3on,1?racedurgs ,,, ,_, �� ,_. ,., ". H,ers.�scn..�r LeadrMedic °`St'affiizg` ,EMS F�'�� � ' � � m 'leme>aitaY�ox".i pfc ©grains_& Ideas, `,` „ ,,, TraYxung ", Qilicer Develo iii #, ,7 ,h ,,, , , ,, Tack ofi�ttty�veen,Shtftsf $ y , Self Prorriotion " Divba se Rruiiiett Opportunities The opportunities for an organization depend on the identification of strengths and weaknesses and how they can be enhanced. The focus of opportunities is not solely on existing service, but on expanding and developing new possibilities both inside and beyond the traditional service area. The Stakeholders identified the following potential opportunities: South Bend Fire Department Opportunities Threats To draw strength and gain full benefit of any opportunity, the threats to the organization, with their new risks and challenges, must also be identified in the strategic planning process. By recognizing possible threats, an organization can greatly reduce the potential for loss. Fundamental to the success of any strategic plan is the understanding that threats are not completely and /or directly controlled by the organization. Some of the current and potential threats identified by the Stakeholders were as follows: Page 9 of 18 South Bend Fire Department 2014 Strategic Plan South Bend Fire Department Threats Critical Issues.and Service Gaps After reviewing theSBFD's core programs and support services, and conducting a SWOT analysis, the Internal Stakeholders identified the primary critical issues and service gaps. These provide the.foundation for the establishment of goals and objectives in order to meet the future vision of the SBFD. South Bend Fire Department Critical Issues Page 10 of 18 Goals and Objectives The Community- Driven Strategic Planning Process, to this point, has dealt with establishing the Mission, Values, S.W.O.T., Critical Issues and Service Gaps of the SBFD. In order to achieve the mission of the SBFD, realistic goals and objectives must be established to enhance strengths, address identified weaknesses, provide individual members with clear direction, and address the concerns of the community. The internal stakeholders met for several days to complete this critical phase of the planning process. Leadership of the SBFD should establish work groups to meet periodically to review progress toward these goals and objectives and adjust timelines as needs and the environment change. As goals and objectives are management tools, they should be updated on an on -going basis to identify what has been accomplished and to note changes within the organization and the community. The attainment of a performance target should be recognized and celebrated to provide a sense of organizational accomplishment. The goals and objectives should now become the focus of the efforts of the agency. By following these goals and objectives carefully, the agency can be directed into its desired future while having reduced the obstacles and distractions along the way. Page 11 of 18 South Bend Fire Department 2014 Strategic Plan Goal 1: Improve internal communication and documentation for the South Bend Fire Department. 'Object. 12'ev►ew availatile"tcehnoto 4to enhance dis "er "sal ofinformahon" !' " Timeframe 2014 • Investigate what software is being used by other departments our size. • Ensure all station computers are set exactly the same. Critical Tasks • Provide updated software to ensure operability within the department. • Ensure proper training in the usage of software for all members. • Investigate what MDT types are being successfully used by other • Transition from SOP to SOG. departments. O.h ective'"1B .. Im rope.PCR,& CAD software " "` Timeframe 2014 and continuing Timeframe • Investigate what software is being used by other departments our size. Critical Tasks • Define our expectations for the software. Critical Tasks • Ensure proper training in the usage of software for all members. Objective lC Provide quality and timely communication within the SBFD.from Timeframe administration Timeframe 2014 • Create weekly information sheet from administration. Critical Tasks • Include short to the point items to curtail rumors. Objective ID Evaluate and update the Duty Manual and Standard Operating Procedures Timeframe Continuous • Establish a committee to review SOP manual and revise as needed. • Ensure there are no conflicts between Duty Manual and SOP manual. Critical Tasks • Ensure Job descriptions are defined and accurate. • Transition from SOP to SOG. Objective IE Educate the entire SBFD on our ,Strategic Plan Timeframe Continuous • Identify a class time where this can be discussed. • Prepare a written copy for all fire stations. Critical Tasks • Publish the plan on our website. • Provide digital copy for all interested members. Page 12 of 18 Fire Department Goal 2: Establish and nurture a culture of pride, accountability & ownership in the South Bend Fire Department and the City of South Bend. 0 6jectiye 2A `. Encourage ownersliip of the department wrthm�each member, regardless of; ears of se si "nment of , "`'reyxous, h►sto Timeframe June 2014 and continuing • Provide atmosphere where all voices are heard and respected. Critical Tasks • Create survey to prioritize departmental committees. Critical Tasks • Recognition of personal /professional achievements. Critical Tasks • Ensure culture of "open door" is followed throughout the SBFD. • Inform all members there is no entitlement within this department. • Establish policies and procedures that reward adherence to SBFD values. Objective 2B Promote pride. in bein )nmbers of out coramunity Timeframe 2014 and Continuous • Promote all community involvement opportunities to all members. Critical Tasks • Provide trained personnel to aid those with previous injuries. Critical Tasks . Encourage participation in community events. Objective 2C Create a culture of health and wellness Timeframe 2014 and continuous • Re- Establish the Peer Fitness Trainer program. • Provide trained personnel to aid those with previous injuries. Critical Tasks • Provide training on nutrition and healthy eating habits. • Establish the work performance evaluations. • Follow up on all injury reports. Page 13 of 18 South Bend Fire Department 2014 Strategic Plan Goal 3: Increase our Community Outreach Oh'ective3A ; PromoteSBFD ,Yomedia,outlets;and;communi `. ", ..; , ;= .:' Timeframe 2014 and continuing Timeframe • Establish a single PIO for the SBFD. • Provide proper training for PIO. Critical Tasks • Create a partnership with the various media outlets. Critical Tasks • Create a monthly Public Service Announcement (PSA). • Establish key contacts in a variety of organizations and businesses. • Promote the use of our Social Media outlets. Qblectiye "3B Create a perKcustomersuiveys to engage community feedback Timeframe andin ut.' Timeframe 2015 • Place an EMS focus survey to be included with the billing. Critical Tasks • Create and disperse an annual survey to the community to evaluate Critical Tasks their priorities and fears for the SBFD. Objective 3C Create a community outreach plan to encompass diversity recruitment, marketin .the SBFD and involve neighborhood associations. Timeframe 2014 • Identify specific organizations that wish to be involved with SBFD in an active basis. • Become involved with job fairs and college recruitment programs. Critical Tasks • Market the variety of opportunities the SBFD offers in various specialties. • Create a cadet program within SBCSC Page 14 of 18 South Bend Fire Department 2014 Strategic Plan Goal 4: Create a constructive and desirable EMS culture and system. Dbj6fiv, 4AX:,"', :Investt at. k Timeframe 2014 and continuing • Create and share an equal ambulance ride rotation. Critical Tasks • Establish a rank structure Critical Tasks • Provide cross training for all personnel • Explore staffing models that will not discriminate against any segment of the department Obj6gtive.44, :Investt at. k Timeframe 2014 • Create a Lead Medic training program. Critical Tasks • Clearly define the requirements for lead medic application. Critical Tasks • Collaborate with SJCEMSC to streamline the Lead Medic process. Objective 4C Perform an operational analysis of currentAOlivery I system. Timeframe 2014 • Survey other departments with similar demographics Critical Tasks • Research the use and staffing of our lead medics as it relates to our Critical Tasks customers needs. Objective 4D Create a recruitment and retention plan for higher EMS certifications. Timeframe 2014 and continuing • Engage union and administration to establish incentive for staying Critical Tasks certified and actively involved (longevity). Critical Tasks flexibility and easily monetized delivery models. • Establish a staffing model that allow for more selectivity. • Promote career opportunities — college job fairs, high school, etc. Objective 4E Examine the ACA and how it will Affect ours .stem Timeframe 2014 and continuing • Remain flexible and adopt changes as needed. Critical Tasks 0 Reach out to umbrella organizations (PFFUI, IAFC, etc.) to lobby for flexibility and easily monetized delivery models. Page 15 of 18 South Bend Fire Department V 2014 Strategic Plan I Ob gctave;4F , �. Collabora," te:�yitth,exteruahst�keholde�rs ,. Timeframe 2014 and continuing • Ensure we are meeting their needs and expectations. • Identify all external organizations that are or can be effected by the I Critical Tasks S13FD (i.e., Notre Dame, SJCEMSC, County health dept., minority health coalition, etc.) • Create a stakeholder grid to ensure whatever changes are made to one stakeholder does not adversely effect another. Objective,4 °- <---'Plan -,cfi eswithim lementation.ofnew'di's atc$ center. Timeframe Mid year 2015 • Prepare plan to implement once the new center is online. • Determine what changes to our current system the new center will Critical Tasks bring about. • Provide training to all members on how the new system will work. • Create SOG on how to involve the news stem. Page 16 of 18 South Bend Fire Department 2014 Strategic Plan Goal 5: Establish a training program that is current, consistent and proactive. Oti ectiveA "Officer'Develb "iiieiit "' ` "" x Timeframe 2014 and continuing Critical Tasks • Create and implement a process to improve current officers skills and our department. • Develop training for members with other departments to enhance knowledge Critical Tasks • Hold trainings for all instructors to ensure continuity in training • Create and implement a system to prepare future officers for the across the department. res onsibilities they will encounter. Oti e`ctive�5$ Gr,.uate a;fib�ra of°lesson, blahs ' ° '?'' �.. Timeframe 2014 and continuing Critical Tasks • Have instructors develop lesson plans for basic fire ground tasks our department. • Develop training for members with other departments to enhance • Validate all lesson plans. Objective 5C Provide cross training opportunities Timeframe 2014 • Create opportunities to cross train on different apparatus types within Critical Tasks our department. • Develop training for members with other departments to enhance Critical Tasks mutual aid abilities. Objective 5D Instructor development Timeframe 2014 • Provide opportunities for all instructors to be involved with Critical Tasks department training. Critical Tasks • Develop a program to encourage recruitment of future instructors. • Hold trainings for all instructors to ensure continuity in training across the department. Objective 5E Create and publish an annual training calendar for all members Timeframe 6 Months • Develop training calendar for 2014 Critical Tasks • Investigate best means for department wide dispersal • Publish calendar and instruct personnel on how to access it. Page 17 of 18 South Bend Fire Department 2014 Strategic Plan Ob ectrve,:SE „Est bl ?sh ;ade uatetrainiri funds fo�e� ert, instructors {to come n . . Timeframe 2014 • Create leadership seminars Critical Tasks • Investigate projected annual costs for monthly training Critical Tasks • Investigate possible funding sources from external sources (leadership trainings, state grants, etc.) ObiectrvexSG f; �Researeh knd implement ways tosutthze technology for innov.ative� � � ` Timeframe 2014 • Provide access to Internet based trainings. Videos, Lesson Plans, etc. • Network with instructors from other agencies to determine what Critical Tasks technology they are using successfully. • Explore Internet based, Distance learning Page 18 of 18 6,J\ \ o o - `� -N Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 11, DEFINITIONS TO REVISE THE DEFINITION OF ACCESSORY (STRUCTURE, BUILDING OR USE) STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. The Common Council is desirous in promoting educational opportunities throughout the City, and in so doing, is supportive of a citizen -led "Get Booked" reading program where citizens and organizations may place "Book Huts ", AKA Little Free Libraries, on both private and public property throughout the City where citizens of all ages may deposit or withdraw books at no charge. Therefore, the following change needs to be made to the Zoning Ordinance to exempt small accessory structures, as defined, from required setbacks. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1 I Definitions, Section 21 -11.02 Definitions, is hereby amended as follows: Accessory (Structure, Building or Use): A subordinate structure, building or use, except for a structure or building that is less than four (4) square feet in area and six feet (6') in height, that is customarily associated with, and is appropriately and clearly incidental and subordinate in use, size, bulk, area and height to the primary structure, building, or use, and is located on the same lot as the primary building, structure, or use. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council ry ♦, W L fn d �p3����sJyq]V* � w5 �PY/UiOea 4.`� "In C A od d t.0. of Presented by me to the Mayor of the City of South Bend, Indiana on the day 14, at o'clock m. Approved and signed by me on the , at o'clock . M. 1st REEDING l"LL—f Y PUBLIC F1EAENG 3 rd READING NOT APPROVO REFERRED PASSED City Clerk day of Mayor of the City of South Bend, Indiana 2014 Filed In Clerk's Jffii ", Est- 16 2014 CITVCLERK, "SEND, IN Oliver J. Davis President City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http: / /ww .southbendin.gov September 12, 2014 Derek D. Dieter Vice - President Member of the South Bend Common Council Valerie Schey 4th Floor County -City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: Proposed Text Amendment Addressing Accessory Uses T TIM Scott First District Dear Council Members: Henry Davis, Jr. Second District At the September 8 2014 Zoning and Annexation Committee meeting, Area p � g g> Plan Executive Director updated the Council on the proposed text amendment Valerie Schey which would enable programs which use "Book Huts" to move forward. Third District In light of that favorable reception by the Council for this concept, and in Fred Ferlic collaboration with the Area Plan staff, I am introducing an ordinance which would Fourth District move this matter forward. David Varner Fifth District The attached Bill would have first reading by the Common Council at our September 22nd meeting and would be referred to the Area Plan Commission so Oliver J. Davis that it could be heard at their October meeting. Sixth District T continuing support. Derek D. Dieter At Large M Vcerely Gavin Ferlic At Large Derek D. Dieter Karen L. White Council Member at Large At Large Attachment cc: The South Bend Common Council Area Plan Filed in Cle_Oe'<= '' 6 `1014w.: t iT C:.;_ ,_.. �1 REND, IN Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3, COMMERCIAL/MIXED USE DISTRICTS, TO ADD A NEW SUBSECTION TO COMMUNITY BUSINESS DISTRICT AND GENERAL BUSINESS DISTRICT RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF AUTOMOBILES STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Certain changes are deemed necessary for a more affective administration of the ordinance. The outdoor display or sales of merchandise operate differently than the outdoor display of other products, creating a need for a more specific set of standards to regulate such uses. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (3) (A) Minimum Front Yards, is hereby amended as follows: ii. along all other streets —may include: parking areas, or gasoline sales areas, provided that no portion of such areas may be located closer to the right -of -way than fifteen (15) feet; parking of automobiles associated with a legally established dealership; driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (11) (C) Outdoor Display or Sales of Merchandise, is hereby amended as follows: iv. shall not be located between the front fagade of the primary building and the front lot line, provided however-, automobile sales uses may display vehisies at and, Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (11) Outdoor Operations, is hereby amended as follows: (D) Outdoor Display or Sales of Automobiles when permitted by Special Exception: L shall be a minimum of five (5) feet from the greater of the proposed right-of- way or existing right -of -wad ii. shall not be located in any required minimum side yard minimum rear yard minimum front Residential Bufferyard side Residential Buffervard or rear Residential Bufferyard.• iii. shall provide direct access to an interior access drive for each vehicle displayed for sale; and iv. shall be considered parking areas for the nurnose of determining and providing interior parking areas in compliance with Section 21-07.01(d) Interior Off Street Parking Area Landscaping and subsequent Sections 21-07.01(g) Installation of Landscaping and 21-07.01 (h) Maintenance of Landscaping (D4 to(E) R to (F) Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial /Mixed Use Districts, Section 21 -03.07 (b) (3) (A) Minimum Front Yards, is hereby amended as follows: ii. along all other streets —may include: parking areas (ineluding vehie tla par4d g of automobiles asseeiated iNzith legally established , or gasoline sales areas, provided that no portion of such areas may be located closer to the right - of -way than fifteen (15) feet; parking of automobiles associated with a legally established dealership; driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.07 (b) (11) (B) Outdoor Display or Sales of Merchandise, is hereby amended by removing subsection (iv) as follows: Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial /Mixed Use Districts, Section 21 -03.07 (b) (11) Outdoor Operations, is hereby amended as follows: (C) Outdoor Display or Sales of Automobiles: L shall be a minimum of five (5) feet from the greater of the proposed right-of- way or existing right -of -way: ii. shall not be located in any required minimum side yard minimum rear yard minimum front Residential Bu rvard side Residential Bu(fervard or rear Residential Buffervard: iii. shall provide direct access to an interior access drive for each vehicle displayed for sale: and iv. shall be considered parking areas for the purpose of determining and providing interior parking areas in compliance with Section 21-07.0 1 (d) Interior Off - Street Parking Area Landscaping and subsequent Sections 21-07.01(g) Installation of Landscaping and 21- 07.01(h) Maintenance of Landscaping (G) to (D) (D) to (E) R to (F) Section VII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common CouncD WX613,':dei Council Wds-n e 3 {.. ,1 .... : end o. of Presented by me to the Mayor of the City of South Bend, Indiana on the day ,2014, at o'clock . M. City Clerk Approved and signed by me on the day of .2014 at o'clock . M. u �AV;�sG q-0— —1 Y PUBLIC HIARiNG 3 rd READING NOT APPROV.tiD REFERRED PASSED Mayor of the City of South Bend, Indiana Filed Ir �ffice i `? i7 Y014 COY CLERK, z-100 7H SEND, IN Fee LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (594) 7359571 September 11, 2014 Oliver Davis, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Various Sections of the South Bend Zoning Ordinance Dear Mr. Davis: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to establish detailed development standards for the outdoor display and sales of automobiles in the Community Business and General Business Districts. I am requesting that the attached ordinance be placed on the September 22, 2014 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on October 21, 2014. If you have any questions, please feel free to contact me. Sincer y, Lawrence P. Magliozzi Flied in Office 17 2014 CI'P1'C.LEf6? . �f•I<tC7, 16(4 SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND W W W ST 10 5 E PH C 0 U N T Y I N D I ANA C 0 M I A. e a p 1 I n BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2015 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 36- 4 -7 -2, the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for the Mayor of the City of South Bend in calendar year 2015 shall be and hereby is established at $102,440.00. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any publication required by law. Attest: City Clerk Member, South Bend Common Council pr y; yyr• •n r t : ?Z n '�� �^ :i 661 S.v'7 L:1 iJW ?T �,/9�,� and �i,',e.�( �(tdl edoi i 01 (,-,13 Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2 , at o `clock m. I s! F.fAD:!dG PUBLIC HEAMNIG 3 rd READ;NG NOT APPROVED REFERRED ?ASSED Mayor, City of South Bend, Indiana Flie d €,; 'Mice 1 l 'L014� SiPHx = u,$ CITY CLEW", : Q ' Ji E RND, IN 120ON COUNTY -QTr BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHoNE 574/ 23 5-9216 FAx 5741235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Setting the Mayor's Salary For 2015 Dear President Davis: . Attached is the 2015 salary ordinance setting the Mayor's salary. Under Indiana law, I.C. 36-4 - 7-2(c), the Mayor's salary may not be reduced from the prior year's amount. This ordinance increases the Mayor's 2015 salary by 2% over his 2014 salary which is the same as the proposed increase for other employees. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, JbJakl H. Murphy City Controller Filed 6 CITY CLEra , 0014 i i ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2015 STATEMENT OF PURPOSE AND INTENT The City Clerk serves as Clerk of the Common Council under Indiana Code § 36- 4-6-9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required by law; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing many other duties as required by the Common Council. The Common Council is required by under Indiana Code § 36 -4 -7 -2 to fix the annual compensation of all elected city officers. Indiana Code § 36- 4 -11 -4 also authorizes the City Clerk to appoint "the number of deputies and employees authorized by the city legislative body ". The City Clerk currently oversees a staff of four (4) which includes the Ordinance Violations Bureau. Section I. The annual compensation for the City Clerk of the city of South Bend, Indiana, for calendar year 2015 shall be and hereby is established at $58,300. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. � Office of the City Clerk O �(/ 761- f /L— Member of the Common CouncijV C4 tly" oPA�rt+3iiij ua;;;.. €S liti and CpUWI $Ci(tin on U-z =s €.; U3, 2015 City Clerk Salary Ordinance Page 2 Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of 2014 at o'clock . m. Office of the City Clerk Jxoaaiond6l�srwL by me on the _ day of o'clock .m. Mark Neal, Deputy Mayor City of South Bend, Indiana 1 sP READING a -LZ -r Y Puwc HEARING 3 rd READING NOT APPROVED REFERRED PASSED 2014 at 2014 �L? Office of the City Clerk JOHN VOORDE, CITY CLERK September 17, 2014 Members of the South Bend Common Council 4`h Floor County -City Building, South Bend, Indiana 46601 Re: Proposed 2015 Salary Ordinance for the City Clerk Dear Council Members: On September 15, 2014, I presented the proposed 2015 budget for the Office of the City Clerk to the Personnel and Finance Committee. At that time, I noted that I included a two percent increase for the City Clerk. At that time ,I also indicated that I was requesting this same percentage increase for the Chief Deputy, the Ordinance Violations Clerk and Secretary. An additional increase for the Deputy City Clerk which was submitted last year, and not approved, is again being submitted this year. The four (4) staff positions will be addressed in the non - bargaining salary ordinance for next year. Your favorable action on this ordinance, as well as on the four (4) employee staff positions to be addressed in the non - bargaining salary ordinance is respectfully requested. Thank you Sincerely, John Voorde City Clerk Attachment 17 2014 i 455 County -City Building . 227W Jefferson Blvd • South Bend. Indiana 46601 . 574/235 -9221 • Fax 574235 -9173 KAREEMAH FOWLER JANICE TAI.RLOOM EMILY SEXTON CHIEF DP.POTY DEPUTY ORDINANCE VIOLATION CLERK V!)Lt� 0,-3- fl- I ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2015 STATEMENT OF PURPOSE AND INTENT The Common Council is required pursuant to Indiana Code § 36- 4- 7 -2(b) to fix the annual compensation of elected city officers. Paragraph (c) of that state law provides that: "The compensation of an elected city officer may not be changed in the year for which it is fixed nor may it be reduced below the amount fixed for the previous year ". This ordinance proposes a two percent maximum increase for 2015 for the nine - member Common Council. Section I. The maximum salaries for the members of the South Bend Common Council for 2015 shall be established as follows: 2014 2015 $17,933 $18,291 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. t. John Voorde, City Clerk Office of the City Clerk C L t_ a.� ( Xi1 Oliver J. Davis, Council President Member of the Common Council ppI�G dL svr;.. ^C^BA,t Cound adkv on W5 11sue. 2015 South Bend Common Council Salary Ordinance Page 2 Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2014 at o'clock . m. Janice Talboom, Deputy Clerk Office of the City Clerk and by me on the _ day of 2014 at o'clock .m. i st READING PUBLIC I,EARiNG 3 rd READING NOT APPROVED REFERRED PASSED Mark Neal, Deputy Mayor City of South Bend, Indiana Pnrgg riled 4.1 4 , - -' #�5g� i? IEBice �L[a 17�2014 i 2 ti ( ?i7i`1f dIF City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 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 September 17, 2014 Members of the Common Council 4`" Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http: //w .southbendin.gov Re: 2015 Salary Ordinance for the South Bend Common Council Dear Council Members: I am introducing the attached ordinance which would establish the maximum salaries for members of the Common Council for calendar year 2015. The proposed salary increase, as briefly discussed at the Personnel and Finance Committee held earlier this week, would be $358 and would represent a two percent increase over our current salary amount. I look forward to discussing this with you further before final action is taken at the October 13, 2014 Common Council meeting. Thank you. Most sincerely, Oliver J. Davis Council President South Bend Common Council cc: Attachment _...___ 3 c "Eu'as dd Fs,��' 17 1014 vs (( tjo. �-z -cY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2014, 2015 and 2016 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the monetary aspects of the tentative agreement reached between the City Negotiating Team and the Teamster's Negotiating Team on October 30, 2013. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation (a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established for calendar years 2014 through 2016 inclusive as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, wages are set and paid on a Bi- Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position. Section 11. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (c) Insurance. (1) Comprehensive Maior Medical Insurance Program /Preferred Provider Organization (PPOI. The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. (2) Short and Long Term Disability. Short and Long Term Disability (3) shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. Medical Insurance Program. The City shall pay one hundred and thirty dollars ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that there is a Qualifying Life Event or during open enrollment, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars ($130) payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than 1x annual salary rounding up to the nearest $1,000 for each Teamster employee. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty (60) day eligibility period; and that the long -term disability program requires a minimum of a ninety (90) day eligibility period which Teamster employees must meet. (d) Productivity Bonus. A productivity bonus of up to $250.00 annually per employee, with goals to be set by work group and management may be earned and paid from cost savings realized by employee increased productivity, with first payment no sooner than January 2015, all as set forth more specifically in the Collective Bargaining Agreement. (e) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement, the Bargaining Agreement shall prevail. (f) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5- 10.2 -3 -1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. (g) Definition of Full -Time Employee. F�I�-toe employees are those employees who are regularly scheduled to forty (40) hours per week, or a reduced full -time schedule of thirty (30) hours or more perweek as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. However, solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act (the Act) as amended, the definition of full time employee shall be the equivalent of that which is provided in the Act, and this section shall not be construed to be in conflict with the Act. (h) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full -time status as defined by the City including those who qualify for health care benefits under the Patient Protection and Affordable Health Care Act, but who do not meet the City's definition of full -time under the above and previous subsection (f), and who are scheduled to work less than the City of South Bend's full -time schedule. While they do receive certain mandated benefits (such as worker's compensation and social security benefits, and for some, health care under the Patient Protection and Affordable Care Act), they are not eligible for other City benefit programs. Section III. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Member of the Common Council Y Attest: r ti•, ftn�q c it `:a I ? ^1 t e.. ap c: and 11. City Clerk sound nkil in i 5 ism. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2014, at o'clock — M. Deputy City Clerk Approved and signed by me on the day of , 2014, at 'clock .m. Mayor, City of South Bend, Indiana rife u" "Mice I ft REAX G PUBLIC HEA.MNG 4014 3 rd READING ---i NOT APPROAD 10,rf. CETV CLEF.-:', ti EN' m u, REFERRED REFERRED .I PASSEU. 2014 Teamster Wage Rates for Salary Ordinance Page 1 ON 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 2.0% 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 °/a 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 11 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. Eng.) 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 Mice - Custodian & Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Bldg & Structural Maintenance I 19.07 19.45 2% 19.84 2% 20.24 2% Bldg & Structural Maintenance If 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 1 15.11 15.41 2% 15.72 2% 16.03 2% Zoo Keeper If 15.93 16.25 2% 16.57 2% 16.91 2% Zoo Keeper 111 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 16.571 16.90 2% 17.24 2% 17.58 .2% 2014 Teamster Wage Rates for Salary Ordinance Page 1 ON 2614 Teamster Wage Rates for Salary ordnance Page 2 03 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 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase STREET DEPARTMENT Staff Positions: Equipment Operator l 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 111 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 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 11 (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 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% 78.48 2% 18.85 2% Heavy Equipment Operator If 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 11 18.20 18.56 2% 18.94 2% 19.31 20% 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 11 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 11 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 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% 2614 Teamster Wage Rates for Salary ordnance Page 2 03 t zU14 2074 Teamster Wage Rates rorSalary Ordinance jjy Page 3o/3 3f5t,:;:: , _J 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 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 (3) 18.50 18.87 2% 19.25 2% 19.64 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 it - 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 lV - 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 29/o 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 111 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 111 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 11 16.99 17.53 3% 18.08 3% 18.64 3% Meter Serviceman 111 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 11 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 1 15.231 15.53 2% 1 15.85 2% 1 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,yr;.? L for 2014 through 2016. ..:. __. t zU14 2074 Teamster Wage Rates rorSalary Ordinance jjy Page 3o/3 3f5t,:;:: , _J 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDjANA 46601-1830 CITY OF SouTH BEND PETE BUMGIEG, MAYOR PHONE 574 /235.9216 Fax 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: 2014 -2016 Ordinance Fixing Wages for Teamster Employees of the City of South Bend Dear President Davis: Attached is a bill which is an ordinance to fix maximum wages of Teamster Employees of the City of South Bend, Indiana for calendar years 2014 -2016. I will present this bill at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, I � Murphy City Controller f / ZU14 t 1� CA� ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2015 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non - bargaining personnel employed bythe City of South Bend for the calendar year 2015. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid maybe less than the maximum amounts set forth herein. This Ordinance establishes such compensation for all non - bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non - bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation The maximum amounts to be paid as compensation for non - bargaining employees for the City of South Bend, Indiana are hereby established asset forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi- Weekly basis. Amounts by alphabetical position are set forth, as well as the annual salary for each position. For 2015, there will be 27 pay periods during the year. This will result in additional compensation paid each employee as outlined in the attached schedule. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference (a) Holidays. Holidays designated by the Board of Public Works shall govern non - bargaining employees for the calendar year 2015. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b) Vacations. Vacation for non - bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Maior Medical Insurance Program The City shall maintain a comprehensive major medical insurance program that 30 hours or more non bargaining employees may participate in under the rules and guidelines of the plan document. All employees receive a copy of a plan document each year. (2) Short and Long Term Disability. Short and Long Term Disability shall be as set (3) forth in the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. Insurance Program. The City shall pay one hundred and thirty ($130) per month ($65 biweekly) to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions are a Qualifying Life Event or Open Enrollment of the City's Comprehensive Major Medical Insurance Program, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty ($130) payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount 1x annual salary rounded up to the nearest $1,000 for each benefit eligible employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period, The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum eligibility period of sixty (60) days; and that the long -term disability program requires a minimum ninety (90) day eligibility period which must be met. (e) Hiring Bonus. The Mayor, may, at his /her discretion, offera Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100) to four thousand dollars ($4,000). (f) Allowances. (1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred ($500) dollars per month. (2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one - hundred ($100) per month. (g) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5- 10.2 -3 -1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. (h) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. Section III. Employee Definitions (a) Full -Time Employee. Full -time employees are those employees who are regularly scheduled to work forty (40) hours per week, or a reduced full -time schedule of thirty (30) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. However, solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act (the Act) as amended, the definition of full time employee shall be the equivalent ofthatwhich is provided in the Act, and this Section shall not be construed to be in conflict with the Act. (b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full -time status as defined by the City including those who qualify for health care benefits under the Act, but who do not meet the City's definition of full -time employee under subpart (a) of this Section, and who are scheduled to work less than the City of South Bend's full -time schedule, not to exceed one thousand forty (1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation, social security benefits, and for some, health care under the Act), they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorneys employed in the City's Legal Department in part-time positions as well as all elected Council members, are eligible for participation in all of the Employer's Benefit Programs. Section IV. Policies and Procedures Manual Availability Two (2) copies of the City's Personnel Policies and Procedure Manual and /or Employee Handbook shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County -City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Member of the Common Council Ll Sl nlr g t os tO Oppor z` o bidW rb�7 6t1:kYila Yl6 4at8 ��wv9 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. 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SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235.9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BUTTTGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2014 Mr. Oliver Davis President, South Bend Common Council 4 °i Floor, County -City Building South Bend, IN 46601 Re: 2015 Non - Bargaining Employee and Officer Salary Ordinance Dear President Davis: Enclosed please find the proposed 2015 Non- Bargaining Employee and Officer Salary Ordinance. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Jo . Murphy Ci ontroller LI k .. 7 Z014 E �r f Cf!tti . - n -� Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2015.2016, AND 2017 STATEMENT OF PURPOSE AND INENT The South Bend Common Council, pursuant to Indiana Code § 36- 8 -3 -3, ¶ (d) is charged with establishing before November I", the annual compensation of the South Bend Police Department. On March 5, 2014, Dan Demler, the President of South Bend FOP Lodge # 36 informed the City of their interest to enter into negotiations. Thereafter, the South Bend Common Council and the Board of Public Safety adopted separate Resolutions which designated their respective agents for the negotiations. The City's Advisory Negotiating Team's membership includes Council Member Dr. Fred Ferlic, Council Member Tim Scott, Council Member Karen L. White, Division Chief Scott Ruszkowski, Division Chief Stephen Smith, Division Chief Gary Horvath, City Controller John Murphy, Human Resources Director Janet Cadotte, Board of Public Safety Agent Cory Hamel and Council Agent Kathleen Cekanski Farrand. The Fraternal Order of Police South Bend Lodge No. 36 Negotiating Team's membership includes Sergeant Dan Demler, FOP President; Patrolman Vt Class Harvey Mills, FOP Vice - President; Lieutenant Steve Noonan, Past FOP President; Sergeant Cori Bair; Patrolman l' Class Chad Goben, and Leo T. Blackwell, Legal Counsel. This ordinance reflects the proposals discussed during negotiations and sets forth the recommended salaries and other monetary benefits to be paid to the sworn members of the South Bend Police Department in calendar years 2015, 2016 and 2017. This ordinance is believed to be in the best interests of the Police Department and the best interests of the City of South Bend. .., '! " %rGS e � tl /- 2111u%rv'!L C� �� ��iG'9r,9)n/✓2 (�%GCU/eC�iL G4 fi!�C /��` OF �/OeGf�.� l /r//tCG ////�2ilLr, Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for the sworn members of the South Bend Police Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Police Chief, the Division Chiefs, and the Captains, who are governed by Indiana Code § 36- 8 -1 -12. 2015, 2016, and 2017 South Bend Police Department Salary Ordinance Page 2 Section H. Annual Pay. Annual pay for the sworn members of the South Bend Police Department, including upper level policy making positions defined by Indiana Code § 36- 8 -1 -12 for calendar years 2015, 2016 and 2017 shall be set as follows: Rank 2015 2016 2017 The remainder of this ordinance shall be addressed in a substitute Bill in light of the fact that labor negotiations are continuing. Police Chief Division Chiefs Captains Lieutenants TBD TBD TBD Sergeants TBD TBD TBD Patrolman I" Class TBD TBD TBD Patrolman 2 "d Class TBD TBD TBD Patrolman 3'd Class TBD TBD TBD Section III. Additional Areas of Compensation. Effil Section IV. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Dr. Fred Ferlic, 4" District Council Member City Advisory Negotiating Team Member 1 % r City Advisory Negotiating Team Member Karen L. White, Council Member at Large City Advisory Negotiating Team Alternate Member 2015, 2016, and 2017 South Bend Police Department Salary Ordinance Page 3 John Voore, City Clerk me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock . m Janice Talboom, Deputy Clerk Office of the City Clerk �:�/ "'1�,,,./ j, ./ by me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock m i st READS' ;G -Lz PUBLIC BEARING 3rd READING 'IT APPRQ. % -ERRED ASSED - Mark Neal, Deputy Mayor City of South Bend, Indiana Filed is' 'tail( ?014 *i i)Tit$F, City of South Bend Common Council J8665 �% 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 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 September 16, 2014 Members of the Common Council 4th Floor County-City Building South Bend, Indiana 46601 Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http: //w .southbmdin.gov As the Council's Agent for this year's police negotiations, I am filing on behalf of the City's Advisory Negotiating Team the attached draft ordinance. In light of the ongoing negotiations with the negotiating team representing the Fraternal Order of Police South Bend Lodge No. 36, a Substitute Bill setting forth the details will be filed at a later date for your review, discussion and approval. Thank you for your continuing assistance. Most sincerely, Kathleen Cekanski Farrand Council's Agent Attachment Filed in Clerk's Office _.. 16 2014 Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2015, 2016, AND 2017 STATEMENT OF PURPOSE AND INENT The South Bend Common Council, pursuant to Indiana Code § 36- 8 -3 -3, T (d) is charged with establishing before November 111, the annual compensation of the South Bend Fire Department. On March 24, 2014, Chris Baker, the Vice - President of South Bend Firefighter's Association informed the City of their interest to enter into negotiations. Thereafter, the South Bend Common Council and the Board of Public Safety adopted separate Resolutions which designated their respective agents for the negotiations. The City's Advisory Negotiating Team's membership includes Council Member Derek D. Dieter, Council Member Gavin Ferlic, Assistant Chief Todd Skwarcan, Assistant Chief Jim Lopez, Battalion Chief "A" Shift Dave Maenhout, City Controller John Murphy, Human Resources Director Janet Cadotte, Board of Public Safety Agent Cory Hamel and Council Agent Kathleen Cekanski Farrand. The South Bend Firefighter's Local Union # 362 Negotiating Team's membership includes Captain Jim Weinberg, Union President; Captain Chris Baker, Union Vice- President, Captain Mike Lagodney, Steward; Captain Russ Buysse, Pump Engineer and I" Driver Ryan Takacs; and Tim Curran, Legal Counsel. This ordinance reflects the proposals discussed during negotiations and sets forth the recommended salaries and other monetary benefits to be paid to the sworn members of the South Bend Fire Department in calendar years 2015, 2016 and 2017. This ordinance is believed to be in the best interests of the Fire Department and the best interests of the City of South Bend. Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters, AFL -CIO, as the sole bargaining agent for the sworn members of the South Bend Fire Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Fire Chief, the Assistant Fire Chiefs, and the Battalion Chiefs, who are governed by Indiana Code § 36- 8 -1 -12. 2015, 2016, and 2017 South Bend Fire Department Salary Ordinance Page 2 Section II. Annual Pay. Annual pay for the sworn members of the South Bend Fire Department, including upper level policy making positions defined by Indiana Code § 36- 8 -1 -12 for calendar years 2015, 2016 and 2017 shall be set as follows: Rank 2015 2016 2017 The remainder of this ordinance shall be addressed in a substitute Bill in light of the fact that labor negotiations are continuing. Fire Chief Assistant Fire Chiefs. Battalion Chiefs Captains TBD TBD TBD Firefighter 1" Class TBD TBD TBD Firefighter 2 "d Class TBD TBD TBD Firefighter Yd Class TBD TBD TBD Section IIl. Additional Areas of Compensation. :0 Section IV. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Derek D. Dieter, Council Memb r at Large City Advisory Negotiating Team Member Gavin Ferlic, Council Member at Large City Advisory Negotiating Team Member 2015, 2016, and 2017 South Bend Fire Department Salary Ordinance Page 3 John Voore, City Clerk w-- ,G. /by me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the day of , 2014, at _ o'clock _. m Janice Talboom, Deputy Clerk Office of the City Clerk by me to Mark Neal, Deputy Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m Mark Neal, Deputy Mayor City of South Bend, Indiana -LZ � 1-t READ':'��G l PUBLIC HE"Nfi �G 3 rd READING NOT APPROAD REFERRED PASSED - Filed in ; ' f _.,, Jot .'. `t CITY CLEFIIt 1Aj,;1 , i ?S D, IN 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 City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 September 16, 2014 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http: //w .southbendin.gov As the Council's Agent for this year's fire negotiations, I am filing on behalf of the City's Advisory Negotiating Team the attached draft ordinance. In light of the ongoing interest -based labor negotiations with the negotiating team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters, AFL -CIO, a Substitute Bill setting forth the details will be filed at a later date for your review, discussion and approval. Thank you for your continuing assistance. Most rely, Kathleen Cekanski Farrand Council's Agent Attachment Filed in_._.. r'% 8 2014 i py fJ( >i , :.r1• V�) M 0-3- 19--KY 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 746 S. ARNOLD ST. WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 746 S. ARNOLD ST. in order to permit TO ALLOW A COMMUNICATIONS TOWER WITHIN 500' OF A RESIDENTIAL DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council eF i- and Coundfl ace-I Filed-Inn Cif Mice i`tE' y i rc 4.:"0 1 PR:SFNTFO NOT, APPROVES ADORTEU PETITION FOR SPECIAL EXEMPTION AND VARIANCE Kramer Ceilley & Assoc. Inc., III South Bend, IN 46619 Ph. 772 -584 -0481, e -mail 4bernie9ceilley.com, requests a Special Exemption use to allow a communications tower within 500' of a residential district and a variance from the required vinyl coated fence to no fence & from the required screening to no screening. We wish to address the Standards for Special Exceptions and a variance as follows; The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare as the tower will only be used to transmit radio waves to provide wireless internet access to area residents and businesses. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values as the tower will be located next to general industrial, at the rear of the building, which is already a totally chain- link fenced area, and as far away as possible from the residential zoning. 3. The proposed use will be consistent with the character of the district in which it is located and the land authorized therein as there are 4 other communication towers within '' /a mile to the north, east, and south. (see attached map for locations) 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The property is zoned "GI ". Respectfully submitted, Bernie M Ceilley, V. Pr s' ent Kramer Ceilley & Assoc. Inc. k V) Q Dovkhm sr 41< AlD Z. ID s7� A 7 P,L,4N .mil .41I L /6l dIY SQ cy ddo i6a rcq a 16 mE E E c 19 amy E amOiT Em ca So mom f H -ili E 27 .8 o E < 2. Z5 maa aacm c Ywco O.oi o 49 in'2 � i. SQ cy ddo i6a rcq a 16 mE E E c 19 amy E amOiT Em ca So mom f H -ili E 27 .8 o E < 2. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 September 4, 2014 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Ceilley Kramer & Associates ABZA 9/3/14 Dear Council Members: The above referenced petition of Ceilley Kramer& Associates was legally advertised on August 16, 2014. The Area Board of Zoning Appeals gave it a public hearing on September 3, 2014 at which time the following action was taken: Upon a motion by Mr. Hawley being seconded by Mr. Young and by a 6 -0 vote, the petition for Special Exception to allow a communications tower within 500' of a Residential District on property located at 746 S. Arnold Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals.and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Filed in CIA,, k's Office `� ! 5 2014 r r IN SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS �KRAMER �CEILLEY & ASSOCIATES FINDINGS OF FACS I. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREFIENSWE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: !_ •2 IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: ADOPTED this 3RD Day of SEPTEMBER, 2014. YES NO M MICHAEL URBANSKI 0 RANDALL MATTHYS M JACK YOUNG M GERALD PHIPPS © ROBERT HAW LEY 0 JOE VELLEMAN ABSENT BRENDAN CRUMLISH Filed in 'i"11, :w Office �E° � 2014 2 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 509 S. Eddy St. WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 509 S. Eddy St. in order to permit CO- LOCATE A SMALL CELL TELECOMMUNICATION ANTENNA AND ALL ASSOCIATED QUIPMENT ON AN EXISTING BURKHART BILLBOARD SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 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. PRESENTED y APPROVR, m Member of the Common Council OR"=Ry`yi ; CQ MCD alzDil Cl Filed In Ci t«'a Office AQQ 11 ZQ14 JChi�E YfiC�DE CITY CLERK, SOUY'H BEND, IN THE CITY OF SOUTH BEND INDIANA Special Use Permit Application Small Cell Wireless Telecommunications Facility verizonwireless Pro'ect Location: South Bend, Indiana, 46617 PIN 018 -6013- 030401, 71 -08 -12- 429 -009.00 -026 & LOT 16 Applicant / Tenant: Verizon Wireless 1515 Woodfield Road Schaumburg, Illinois 60018 Site: Verizon Small Cell - TJ Football Stadium SC Agent for Verizon Wireless: Insite inc. kaY ENNe Co�tuCng $N:ai Scott Garcia 15660 Midwest Road, Suite 140 Oakbrook Terrace, Illinois 60181 (630)442— 3000 Garcia @insite- inc.com Property Owner: Burkhart Advertisement, Inc. 1335 Mishawaka Avenue South Bend, Indiana, 46615 City of South Bend Wireless Small Cell Telecommunication Facility Request for Special Use Project Summary Petitioner Cellco Partnership d /b /a Verizon Wireless ( "Verizon Wireless ") is a leading national wireless phone carrier and offers on the finest wireless communication networks in the nation. Property Description Verizon Wireless has entered into a lease agreement with Burkhart Advertising Inc. who owns the existing Billboard located at 509 S. Eddy Street, South Bend, IN. 46617 to install a Small Cell antenna to be located atop the 37' Sign and to attach the remaining equipment on the base of the sign. The existing billboard is located in the "MU" Mixed Use District and access to the facility will be by way of an access easement driveway off Eddy Street. Statement of Petition. Verizon Wireless respectfully request consideration and approval of a Special Use application for a SMALL CELL wireless communications facility at 509 S. Eddy Street to satisfy coverage, capacity and user demand brought on by the constant evolution of wireless handsets and data -rich application uses. Verizon Wireless is excited to have established a professional relationship with Burkhart Advertising and to pursue a new use permit application for a communications facility on the existing Billboard. Verizon plans to install one micro small sell the top of the billboard with all the remaining equipment will be located on the base of the billboard itself. The m/crocell antenna will extend no more than 2 feet above the Special Use application. the billboard itself. Therefore, please accept the following justification statement petition below addressing the items listed in 1. The proposed use will not be injurious to the public health, safety, comfort. Community moral standards and convenience or general welfare; The proposed facility will be designed and constructed to meet applicable government and industry regulatory compliance standards. Specifically, Verizon Wireless will comply with a// FCC and FAA rules governing construction requirements, technical standards, radio frequency interference protection and power limitations. Wireless technology does not have an adverse effect on matters relating to public health, safety and welfare. In fact, wireless technology supports vital communications in emergency situations and will be used by local residents and emergency personnel to protect the general public's health, safety and welfare. These emergency services include e911 support the ability to transmit vital data and a backup system to traditionallandline telephone communications. 2. The proposed use will not injure or adverse effect the use of the adjacent area or property values therein; The Verizon Wireless installation will not deteriorate or impair the value of other property in the vicinity, but rather, the presence of the proposed facility will improve the neighborhood by providing a more reliable and stable wire less communications service to the residents and visitors of the City of South Bend Indiana. Enhanced wireless communication will have a positive influence on the economic development of this area and all Verizon Wireless subscribers will benefit from improved service. 3. The proposed use bill be consistent with the character of the district in which it will be located coupled with the existing land uses (existing Billboard). The proposed facility is designed to fill a coverage gap in the Applicants network. The network operates on a `grid" system, whereby overlapping cells,, (geographic wireless coverage areas) mesh to form a continuous wireless network. In order to provide coverage within a cell, the wire less facility must existing on some level. Verizon has been a Pioneer in the Industry since day one and has been using the Small Cell concept as a major part of their network not only because it enhances services to their clients, but also because of its minimal visual impact and more often will go completely unnoticed being located on the existing Billboard. Verizon Wireless's wireless technology is heavily regulated and routinely maintained so as not to interfere with any other form of communication network or utility. In addition, enhanced wireless communication capabilities will have a positive influence on the economic development of the City of South Bend Indiana which improves the overall experience for both commercial and residential interests resulting in a product that is consistent with the Comprehensive Plan. 4. The proposed special use is compatible with the recommendations of City of South Bend Comprehensive Plan. Verizon Wireless has been sensitive in the selection and design of the proposed facility and by granting the special use permit application, the project will not impede, hinder or discourage the development and use of adjacent land uses since the proposed installation is a slight alteration to the existing structure. Only the antenna will be visible on the top of the sign and the cabinet will be attached to the base of the sign which minimizes the aesthetic impact of the installation. 5. The proposed special use is so designed to provide adequate utilities, access roads, drainage, or necessary facilities. Similar to other reliable utilities such as power, gas & water, wireless networks are essential to the development of any community. The primary access route to the proposed facility will be on existing, paved driveway and parking lots near and next to the sign. The scope of this project is completely installed on the base of the existing Billboard therefore the antenna on the sign will have no impact on access roads or drainage. 6. The proposed special use is designed to provide ingress and egress to minimize traffic congestion on public streets. The proposed facility will be an unmanned installation and upon completion, will require infrequent maintenance visits (approximately one or two times per month) by a service technician. The facility is entirely self - monitored by complex computer systems which connect to a central office and alert personnel in the event of an equipment malfunction or breach of security. No noise, glare, smoke, debris or byproduct will be created by the proposed project and as designed, the facility will not have an impact on traffic, parking or storm water control systems. Thus, the proposed facility will not cause an adverse effect on traffic congestion. Also required in municipal code, section 21 -08.01 for special regulations for wireless telecommunication facilities, please find the additional special use requirements below: A narrative detailing: 1. The reason for need (coverage, capacity, new users, etc.), for a telecommunication tower or wireless communications facility at the requested site. Verizon Wireless is seeking approval for a wireless SMALL CELL communications facility detailed in the attached application to keep up with coverage, capacity and new users because of the constant evolution of wireless handset, and consumer demand for data rich programming an application uses. The attached maps show the deficiency in the coverage of jacket as determined by Verizon wireless is RF engineer department who have analyzed the network. In the current map the engineer see and anticipate a growth deficiency in the area therefore requiring a new proposed small cell site. Please refer to the attached maps which show current deficiencies and the anticipated coverage will fill network gaps and provide reliable coverage created by the proposed small cell. 2. The nature of the existing wireless communication facility with information regarding collocation and opportunities or limitation. This section is non - applicable, the design is a collo- location on an existing billboard. 3. The manner in which the proposed placement will promote the city of South Bend's telecommunications policies. Due to the fact that Verizon Wireless has been sensitive and selecting a site that will minimize the impact of the surrounding property, to propose facility will not alter the essential character of the neighborhood. The proposed facility will be compatible with the existing environment for the purpose already permitted and will not interfere with the use and enjoyment of any other property in the immediate vicinity. Wireless technology does not interfere with any other form of communication, whether public or private. Additionally wireless technology provides a vital communication in emergency situations and will commonly be used by local residents and emergency personnel to protect the public health, safety and welfare. This facility will not have an effect on the property value within the vicinity but rather, its presence will provide enhanced wireless communications to the residents, businesses and visitors of the city of South Bend and St. Joseph County. Enhanced wireless communications will have a positive influence on this area. Thank you in advance for your consideration of the Verizon Wireless Special Use application. Verizon Wireless and Burkhart Advertising Inc. respectfully request a favorable recommendation for approval and look forward to expanding the Verizon Wireless network with the intent of providing substantial, reliable and efficient wireless telecommunications services in the City of South Bend Indiana. Please do not hesitate to contact me at (630) 742 -3000 or Garcia0insite -inc com with any concern. Sincerely, Scott Garcia Insite inc. 4eV EPA', C- uR. ng Sni:es 1s660 Midwest Road, Suite 140 Oakbrook Terrace, Illinois 60181 Garcia()insite -inc com (630) 742 -3000 . �.._, CJ vz mlg.ip �,t •._7 q Im. 1 tc - � 'S Y �a �t_ J V` V 9 "'rACY MERIDIAN TITLE CORPORATION Commercial Division South Bend 202 South Michigan Suite 300 South Bend, IN 46601 574.232.5845 574.289.1514 FAX www.Meridiantitle.com August 13, 2014 300 Foot Ownership Report prepared for: Insite Inc. 1S660 Midwest Rd. Oakbrook Terrace, IL 60181 RE: 509 Eddy Street, South Bend, IN 46617 Good Morning: Pursuant to your request we have made a search of the records of Saint Joseph County, Indiana, with reference to the ownership of the real estate lying within 300 feet of the target parcel shown below and find the present owners to be: 18- 6013 - 030401 (Target Parcel) Herman Investments LLC c/o Joseph Herman, Member 1378 Pearl Road Brunswick, OH 44212 18- 6013 -0300 Thomas J. and Kathleen A. Herrman 54490 Whispering Oak Drive Mishawaka, IN 46544 18- 6013 - 030001 Thomas J. and Kathleen A. Herrman 54490 Whispering Oak Drive Mishawaka, IN 46544 More than a Commitment, a duarantee. 800.777.1574 www.meridiantitle.com 18- 6013 -0299 Thomas J. and Kathleen A. Herrman 54490 Whispering Oak Drive Mishawaka, IN 46544 18- 6013 -0294 Thomas J. and Kathleen Hermann 54490 Whispering Oak Drive Mishawaka, IN 46544 18- 6013 -0292 Thomas J. and Kathleen A. Herrman 54490 Whispering Oak Drive Mishawaka, IN 46544 18- 6013 - 028701 Thomas J. and Kathleen A. Herrman 225 South Lafayette Boulevard South Bend, IN 46601 18- 6111 -3975 Russell W. and Ruth M. Sanford, Husband and Wife 328 South Eddy Street South Bend, IN 46617 18- 6111 -3976 Kevin L. Weber 1108 Sunnymede Avenue South Bend, IN 46615 18 -6111 -3977 Nicholas G. and Chelssie E. Urankar 1112 Sunnymede Avenue South Bend. IN 46615 18- 6114 -4097 South Bend Community Corporation 215 South St. Joseph Street South Bend, IN 46601 18- 6013 -0315 St, Joseph Valley Detachment Marine Corp League 539 Parry Street South Bend, IN 46617 18- 6013 -0314 525 South Eddy LLC P.O. Box 4582 South Bend, IN 46634 18- 6013 -0311 525 South Eddy LLC 525 South Eddy Street South Bend, IN 46617 More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitle.com 18- 6013 -0310 525 South Eddy LLC P.O. Box 755 Notre Dame, IN 46556 18- 6013 -0304 Herman Investments LLC c/o Joseph Herman, Member 1378 Pearl Road Brunswick, OH 44212 18- 6013 -0288 Rona Plummer 415 Parry South Bend, IN 46617 18- 6013 -0289 Robert Henry Corp P.O. Box 1407 South Bend, IN 46624 18 -6013 -0290 The Robert Henry Corporation P.O. Box 1407 South Bend, IN 46624 18- 6013 -0295 The Robert Henry Corporation P.O. Box 1407 South Bend, IN 46624 18- 6013 -0296 Jeffrey M. Hill 52295 S.R. 933 South Bend, IN 46637 18- 6013 -0297 Jeffrey M. Hill 52295 S.R. 933 South Bend, IN 46637 18- 6013 -0298 Pattie Johnson 433 Parry Street South Bend, IN 46617 18- 6013 -0301 Eugene Phillips 501 Parry South Bend, IN 46617 18- 6013 -0302 Eugene Phillips 509 Parry South Bend, IN 46617 More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitie.com 18- 6013 -0307 Cora Mae Phillips and Eliana Phillips -Minks 588 Buena Vista Street #4 Ventura, CA 93001 18- 6013 -0308 Denise Clark 521 Parry Street South Bend, IN 46617 18- 6013 -0312 Andrew T. Evans 527 Parry Street South Bend, IN 46617 18 -6013- 031201 Pazit Sheleff and Oded Lipa Shemesh 2043 South Bend Avenue Suite 208 South Bend, IN 46637 18- 6013 -0313 St. Joseph Valley Detachment Marine Corp League 539 Parry Street South Bend, IN 46617 18- 6009 -0199 Big Forehead Club LLC 318 Francis Street South Bend, IN 46617 18- 6009 -0198 Paulo R. Radomille 17336 McErlain Street South Bend, IN 46635 18- 6009 - 019801 Paulo R. Radomille 17336 McErlain Street South Bend, IN 46635 18- 6009 -0197 Dror and Lilach Matalon 520 South Frances Street South Bend, IN 46617 18- 6009 -0196 David W. Albert 514 South Frances Street South Bend, IN 46617 18- 6009 -0195 John A. and Sandra K. Warren 512 Frances Street South Bend, IN 46617 More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitte.com 18- 6009 -0194 John A. and Sandra K. Warren 512 South Frances Street South Bend, IN 46617 18- 6009 -0193 Greg M. Miller 436 South Frances Street South Bend, IN 46617 18- 6008 -0191 Robert Henry Corp P.O. Box 1407 South Bend, IN 46624 18- 6008 -0190 The Robert Henry Corporation P.O. Box 1407 404 South Frances South Bend, IN 46624 18- 6008 -0189 Robert Henry Corp P.O. Box 1407 South Bend, IN 46624 18- 6008 -0188 The Robert Henry Corporation 420 South Frances Street South Bend, IN 46617 NOTE; This ownership report is not an abstract, examination, or representation of fact or title and does not create and shall not be the basis of any claim for negligence, negligent misrepresentation or other tort claim or action. The sole liability of the company shall be limited to the cost paid for this report. Thank you for allowing us to be of assistance to you. Sincerely, Meridian Title Corporation � -& Kim Myers More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitle.com AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 September 4, 2014 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Verizon Wireless/Insite, Inc. ABZA 9/3/14 Dear Council Members: The above referenced petition of Verizon Witelessand Insite, Inc.was legally advertised on August 14, 2014. The Area Board of Zoning Appeals gave it a public hearing on September 3, 2014 atwhich time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Hawley and by a 6 -0 vote, the petition for Special Exception to collocate a communications antenna on an existing billboard, on property located at 509 S. e treet, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sinceml 71 ' Charles C. Bulot, C.B.O. Building Commissioner CCB /cah lGlileSi in �,� k� —: -s Office .sOt {r: ;jf?Oi9iDE JN01 14J CITY G�UTH BEND, IN SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS 'VERIZON WIRELESS & INSITE, INC. .(509 S. EDDY ST.) FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: ADOPTED this 3RD Day of SEPTEMBER, 2014. N� 0 MICHAEL URBANSKI 0 RANDALL MATTHYS JACK YOUNG 0 GERALD PHIPPS ROBERT HAW LEY 0 JOE VELLEMAN ABSENT BRENDAN CRUMLISH Filed in �`e :.:� _ .• .,.. ciTP - 5 2014 J��I� VGt3 =;daH. CITY CLERK, 801,11'116END, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 609 E. LASALLE WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 609 E. LASALLE in order to permit CO- LOCATE A SMALL CELL TELECOMMUNICATION ANTENNA AND ALL ASSOCIATED QUIPMENT ON AN EXISTING BURKHART BILLBOARD SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION W. 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. {iRErEPtrEr'7 f10� ItPPRCVF.p t,. AOPtE3 rl(A� -� 73 W Member of the Common Council Gi its t? A 1" f �hj to i?.rn! M3 0 bVWI9 o^p^p' t i �tt tf ^3u 9 and ac; oa G'1 6sx�Y t li3J , Filed in Clerk'a Office AUQ 112014 CITY CLERK, SOU BEND, IN THE CITY OF SOUTH BEND INDIANA Special Use Permit Application Small Cell Wireless Telecommunications Facility Ver %Zonwireless Project Location: l� South Bend, Indiana, 46617 PIN 018 - 5009 - 0263/71- 08- 01 -456- 002 - 000 -026 Applicant / Tenant: Verizon Wireless 1515 Woodfield Road Schaumburg, Illinois 60018 Site: Verizon Small Cell — Medical Pavilion III Agent for Verizon Wireless: Insite inc. ROV foa+a Ca whmg Ssnacus Scott Garcia 15660 Midwest Road, Suite 140 Oakbrook Terrace, Illinois 60181 (630)442— 3000 Garcia @insite - inc.com Property Owner: Burkhart Advertisement, Inc. 1335 Mishawaka Avenue South Bend, Indiana, 46615 City of South Bend Wireless Small Cell Telecommunication Facility Request for Special Use Project Summary Petitioner Cellco Partnership d /b /a Verizon Wireless ( "Verizon Wireless ") is a leading national wireless phone carrier and offers on the finest wireless communication networks in the nation. Property Description Verizon Wireless has entered into a lease agreement with Burkhart Advertising Inc. who owns the existing Billboard located at 609 E. LaSalle Ave. South Bend, IN. 46617 to install a Small Cell antenna to be located atop the 44' Sign and to attach the remaining equipment on the base of the sign. The existing billboard is located in the "MU" Mixed Use District and access to the facility will be by way of an access easement driveway off Eddy Street. Statement of Petition. Verizon Wireless respectfully request consideration and approval of a Special Use application for a SMALL CELL wireless communications facility at 609 E. LaSalle Ave. South Bend, IN. 46617 to satisfy coverage, capacity and user demand brought on by the constant evolution of wireless handsets and data -rich application uses. Verizon Wire less is excited to have established a professional relationship with Burkhart Advertising and to pursue a new use permit application for a communications facility on the existing Billboard. Verizon plans to install one micro small sell the top of the billboard with all the remaining equipment will be located on the base of the billboard itself. The microceli antenna will extend no more than 2 feet above the billboard itself. Therefore, please accept the following justification statement petition below addressing the items listed in the Special Use application. 1. The proposed use will not be injurious to the public health, safety, comfort. Community moral standards and convenience or general welfare; The proposed facility will be designed and constructed to meet applicable government and industry regulatory compliance standards. Specifically, Verizon Wireless will comply with all FCC and FAA rules governing construction requirements, technical standards, radio frequency interference protection and power limitations. Wireless technology does not have an adverse effect on matters relating to public health, safety and welfare. In fact, wireless technology supports vital communications in emergency situations and will be used by local residents and emergency personnel to protect the general public's health, safety and welfare. These emergency services include e911 support, the ability to transmit vital data and a backup system to traditional landline telephone communications. 2. The proposed use will not injure or adverse effect the use of the adjacent area or property values therein; The Verizon Wireless installation will not deteriorate or impair the value of other property in the vicinity, but rather, the presence of the proposed facility will improve the neighborhood by providing a more reliable and stable wireless communications service to the residents and visitors of the City of South Bend Indiana. Enhanced wireless communication will have a positive influence on the economic development of this area and all Verizon Wireless subscribers will benefit from improved service. 3. The proposed use bill be consistent with the character of the district in which it will be located coupled with the existing land uses (existing Billboard). The proposed facility is designed to fill a coverage gap in the Applicants network. The network operates on a grid" system, whereby overlapping "cells" (geographic wireless coverage areas) mesh to form a continuous wireless network. In order to provide coverage within a cell, the wireless facility must existing on some level. Verizon has been a Pioneer in the Industry since day one and has been using the Small Cell concept as a major part of their network not only because it enhances services to their clients, but also because of its minimal visual impact and more often will go completely unnoticed being located on the existing Billboard. Verizon Wireless's wireless technology is heavily regulated and routinely maintained so as not to interfere with any other form of communication network or utility. In addition, enhanced wireless communication capabilities will have a positive influence on the economic development of the City of South Bend Indiana which improves the overall experience for both commercial and residential interests resulting in a product that is consistent with the Comprehensive Plan. 4. The proposed special use would not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the underlying zoning district in the City of South Bend. Verizon Wireless has been sensitive in the selection and design of the proposed facility and by granting the special use permit application, the project will not impede, hinder or discourage the development and use of adjacent land uses since the proposed installation is a slight alteration to the existing structure. Only the antenna will be visible on the top of the sign and the cabinet will be attached to the base of the sign which minimizes the aesthetic impact of the installation. 5. The proposed special use is so designed to provide adequate utilities, access roads, drainage, or necessary facilities. Similar to other reliable utilities such as power, gas & water, wireless networks are essential to the development of any community. The primary access route to the proposed facility will be on existing, paved driveway and parking lots near and next to the sign. The scope of this project is completely installed on the base of the existing Billboard therefore the antenna on the sign will have no impact on access roads or drainage. 6. The proposed special use is designed to provide ingress and egress to minimize traffic congestion on public streets. The proposed facility will be an unmanned installation and, upon completion, will require infrequent maintenance visits (approximately one or two times per month) by a service technician. The facility is entirely self - monitored by complex computer systems which connect to a central office and alert personnel in the event of an equipment malfunction or breach of security. No noise, glare, smoke, debris or byproduct will be created by the proposed project and as designed, the facility will not have an impact on traffic, parking or storm water control systems. Thus, the proposed facility will not cause an adverse effect on traffic congestion. Also required in municipal code, section 21 -08.01 for special regulations for wireless telecommunication facilities, please find the additional special use requirements below: A narrative detailing: 1. The reason for need (coverage, capacity, new users, etc.), for a telecommunication tower or wireless communications facility at the requested site. Verizon Wireless is seeking approval for a wireless SMALL CELL communications facility detailed in the attached application to keep up with coverage, capacity and new users because of the constant evolution of wireless handset, and consumer demand for data rich programming an application uses. The attached maps show the deficiency in the coverage of jacket as determined by Verizon wireless is RF engineer department who have analyzed the network. In the current map the engineer see and anticipate a growth deficiency in the area therefore requiring a new proposed small cell site. Please refer to the attached maps which show current deficiencies and the anticipated coverage will fill network gaps and provide reliable coverage created by the proposed small cell. 2. The nature of the existing wireless communication facility with information regarding collocation and opportunities or limitation. This section is non - applicable, the design is a collo- location on an existing billboard. 3. The manner in which the proposed placement will promote the city of South Bend's telecommunications policies. Due to the fact that Verizon Wireless has been sensitive and selecting a site that will minimize the impact of the surrounding property, to propose facility will not alter the essential character of the neighborhood. The proposed facility will be compatible with the existing environment for the purpose already permitted and will not interfere with the use and enjoyment of any other property in the immediate vicinity. Wireless technology does not interfere with any other form of communication, whether public or private. Additionally wireless technology provides a vital communication in emergency situations and will commonly be used by local residents and emergency personnel to protect the public health, safety and welfare. This facility will not have an effect on the property value within the vicinity but rather, its presence will provide enhanced wireless communications to the residents, businesses and visitors of the city of South Bend and St. Joseph County. Enhanced wireless communications will have a positive influence on this area. Thank you in advance for your consideration of the Verizon Wireless Special Use application. Verizon Wireless and Burkhart Advertising Inc. respectfully request a favorable recommendation for approval and look forward to expanding the Verizon Wireless network with the intent of providing substantial, reliable and efficient wireless telecommunications services in the City of South Bend Indiana. Please do not hesitate to contact me at (630) 742 -3000 or Garcia(a )insite- inc.com with any concern. Sincerely, Scott Garcia Insite inc. Real Estate Cu.R,h.g $anim 1s660 Midwest Road, Suite 140 Oakbrook Terrace, Illinois 60181 Garcia a.insite- inc.com (630) 742 -3000 x s � . r�' Y .rwr h i �- U rp J 3 Yr Y�i ice_ t�4 1 1 rdra to ai �.+_i V 1 r ) s r t m Rai ^ 1 Q 7 Parcels: PARCELID 018 -5009 -0263 PARCELSTAT 71- 08-01- 456- 002.000 -026 LEGALDESCR Lot 123 0 P Lowell & 12 Vac Alley N & Adj PAYYEAR 2014 NAME_ 1 N D REALTY MAILINGADD 52273 TALLY HO DR N M.AILINGCIT South Bend MAILINGSTA IN MAIL INGZIP 46635 PROP ADOR 322 HILL PROP CITY South Bend PROP STATE IN PROP—ZIP 46617 ACREAGE 0.28 3- l f c Cv N'F(" :Y Or t`y MERIDIAN TITLE CORPORATION Commercial Division South Bend 202 South Michigan Suite 300 South Bend, IN 46601 574.232.5845 574.289.1514 FAX www.Meridiantitle.com August 13, 2014 300 Foot Ownership Report prepared for: Insite Inc. 1S660 Midwest Rd. Oakbrook Terrace, IL 60181 RE: 322 Hill, South Bend, IN 46617 Good Morning: Pursuant to your request we have made a search of the records of Saint Joseph County, Indiana, with reference to the ownership of the real estate lying within 300 feet of the target parcel shown below and find the current owners to be: 18 -5009 -0263 (Target Parcel) Diocese of Ft. Wayne South Bend Inc. 226 North Hill Street South Bend, IN 46617 18- 5009 -0261 Diocese of Ft. Wayne South Bend Inc. 915 South Clinton Street Ft. Wayne, IN 46801 18- 5009 -0245 Diocese of Ft. Wayne South Bend Inc. 915 South Clinton Street Ft. Wayne, IN 46801 More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitle.com 18 -5009 -0257 Diocese of Ft. Wayne South Bend Inc. 915 South Clinton Street Ft. Wayne, IN 46801 18- 5009 -0267 Diocese of Ft. Wayne South Bend Inc. 915 South Clinton Street Ft. Wayne, IN 46801 18 -5009 -0268 Diocese of Ft. Wayne South Bend Inc. 915 South Clinton Street Ft. Wayne, IN 46801 18- 5009 -0269 Diocese of Ft. Wayne South Bend Inc. 915 South Clinton Street Ft. Wayne, IN 46801 18 -5009 -0270 Diocese of Ft. Wayne South Bend Inc. 915 South Clinton Street Ft, Wayne, IN 46801 18- 5020- 068401 Diocese of Ft. Wayne South Bend Inc. 915 South Clinton Street Ft. Wayne, IN 46801 18 -5009 -0273 Diocese of Ft. Wayne South Bend Inc. 453 North Notre Dame Avenue South Bend, IN 46617 18- 5009 -0274 Taddeo Holdings LLC 623 E. LaSalle South Bend, IN 46617 18- 5009 -0275 Dennis W. Daniels and Randall Smith 1501 North Elmer Street South Bend, IN 46628 18- 5009 -0276 Earth Designs Real Estate LLC P.O. Box 148 South Bend, IN 46624 18 -5009 -0277 Taddeo Holdings LLC 623 East LaSalle South Bend, IN 46617 18 -5009 -0278 More than a Commitment, a Guarantee. 800.777.1574 . www.meridiantitle.com Taddeo Holdings LLC 623 East LaSalle South Bend, IN 46617 18- 5009 -0264 Diocese of Ft. Wayne South Bend Inc. 226 North Hill Street South Bend, IN 46617 18 -5006 -0144 Diocese of Ft. Wayne South Bend Inc. 226 North Hill Street South Bend, IN 46617 18 -5006 -0143 Diocese of Ft. Wayne South Bend Inc. 226 North Hill Street South Bend, IN 46617 18 -5006 -0138 Diocese of Ft. Wayne South Bend Inc. 226 North Hill Street South Bend, IN 46617 18- 5006 -0137 Diocese of Ft. Wayne South Bend Inc. 226 North Hill Street South Bend, IN 46617 18 -5006 -0131 Diocese of Ft. Wayne South Bend Inc. 226 North Hill Street South Bend, IN 46617 18- 5005 -0123 Timothy K. Hoban, Mary Ricci, / interest 205 North St. Louis Boulevard South Bend, IN 46617 18- 5005- 012201 MWD LLC 3020 Buckingham Place South Bend, IN 46614 18- 5005 -0122 MWD LLC 3020 Buckingham Place South Bend, IN 46614 Michael J. Hoban, and Patrick Hoban, 1/8 interest and Hoban Family Trust 18- 5008 -0236 Timothy K. Hoban, Mary Ricci, Michael J. Hoban, and Patrick Hoban, 1/8 interest and Hoban Family Trust '/2 interest 205 North St. Louis South Bend, IN 46617 18- 5008 -0235 More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitle.com Timothy K. Hoban, Mary Ricci, Michael J. Hoban, and Patrick Hoban, 1/8 interest and Hoban Family Trust Y: interest 205 North St. Louis South Bend, IN 46617 18- 5008 -0234 Frank and Suzaanne M. Petsche 17401 Eldorado Lane South Bend, IN 46635 18- 5008 -0233 Joseph and Suzanne Gelchion 1007 North Frances Street South Bend, IN 46617 18- 5008 -0225 Eberhart Partnership 316 South Eddy South Bend, IN 46617 18 -5008 -0218 Memorial Hospital of South Bend Inc. 615 North Michigan Street South Bend, IN 46601 18- 5008 -0231 Joseph and Suzanne Gelchion 1007 North Frances Street South Bend, IN 46617 18 -5008 -0230 Joseph and Suzanne Gelchion 1007 North Frances Street South Bend, IN 46617 18 -5008 -0229 Joseph R. Crimmins and Kathleen Costello Crimmins 1832 Campeau Street South Bend, IN 46617 18- 5008 -0228 Joseph R. Crimmins and Kathleen Costello Crimmins 18010 Chipstead Drive South Bend. IN 46637 18- 5008 -0227 M Anderson LLC 1224 East Wayne North South Bend, IN 46615 18- 5008 -0226 Burkhart Advertising Inc. 1335 Mishawaka Avenue South Bend, IN 46615 18 -5008 -0202 More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitle.com Memorial Hospital of South Bend Inc. 615 North Michigan Street South Bend, IN 46601 NOTE: This ownership report is not an abstract, examination, or representation of fact or title and does not create and shall not be the basis of any claim for negligence, negligent misrepresentation or other tort claim or action. The sole liability of the company shall be limited to the cost paid for this report. Thank you for allowing us to be of assistance to you. Sincerely, Meridian Title Corporation g(" Kim Myers More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitle.com LAWRENCE P. MAGLIOZZI EXEC I VF DI REC I'OR AN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ,ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9571 Wednesday, September 17, 2014 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Rainbow Rascals South Bend LLC to zone from R: Single Family District (County) to O Office District (City) property located at 17316 & 17288 State Road 23, City of South Bend - APC# 2716 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Rainbow Rascals South Bend LLC was legally advertised on Thursday, September 04, 2014 and that the Area Plan Commission at its public hearing on Tuesday, September 16, 2014 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Rainbow Rascals South Bend LLC to zone from R: Single Family District (County) to O Office District (City), property located at 17316 & 17288 State Road 23, City of South Bend, is sent to the Common Council with a favorable recommendation. State Road 23 is a heavily traveled road connecting South Bend and Granger. There are several non - residential uses at the intersection of State Road 23 and Douglas Road. The uses allowed in O Office District are appropriate and compatible to the existing surrounding uses. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Since y, Lawrence P. Magliozzi Attachment CC: Rainbow Rascals South Bend LLC Northpoint Engineering & Surveying, Inc. F "I!t?E f Z014 SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. 8, ROSELAND W W W.STJOSEPHCOU NTYIN DIANA.COM /a... plan Staff Report 9/5/2014 APC # 2716 -14 Owner: Rainbow Rascals South Bend LLC Location: 17316 & 17288 State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 9/16/2014 Requested Action: The petitioner is requesting a zone change from R: Single Family District (County) to O Office District (City) and one variance. Land Uses and Zoning: On site: On site are two houses, set to be demolished. North: To the north is a single family home zoned R: Single Family District (County). East: To the east is a single family home zoned R: Single Family District (County) and Memorial Home Care zoned CB Community Business District (City). South: To the south is a bank zoned C: Commercial District (County) and vacant land zoned CB Community Business District (City). West: To the west is the Foundation Center with various medical offices zoned B: Business District (County). District Uses and Development Standards: The O - Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi- public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The O District is intended for areas with easy access and high visibility from primary transportation routes. Site Plan Description: The building is approximately 10,000 square feet. There are 33 parking spaces. The petitioner is seeking a variance from the required 15' parking setback to 10'. Type A: Open landscaping is shown along State Road 23, the south, and the southern half of the eastern boundary, adjacent to the commercial uses. Type B: Partial Screening is shown along the north and northern half of the eastern boundary, adjacent to residential. Parking screening is shown along State Road 23 and adjacent to residential. Foundation landscaping, parking islands, and dumpster screening are also shown. Access is shown across from the existing entry into the Foundation Center. However, the final driveway must be approved by INDOT. Zoning and Land Use History And Trends: The northeast corner of Douglas and State Road 23 was originally rezoned in 1985, and addition property in 1994 to allow for parking expansion. Foundation Center was rezoned in 1986. Memorial Home Care to the east was annexed in 2002 and rezoned in 2005. The APC # 2716 -14 Page 1 of 3 W ".. 9/5/2014 vacant commercial property to the south was annexed and rezoned in 2007. The bank at the southeast corner of Douglas and State Road 23 was rezoned in 2009. There have been several zonings to O /B: Office Buffer District along State Road 23 between Douglas and the Toll Road over the past 10 years. Traffic and Transportation Considerations: State Road 23 is a 4 lane road with a center turning lane. Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment notes rezoning to office is consistent with the general character of the area and would provide a logical transition from the commercial and office uses to the residential uses. The property meets the requirements for annexation, being 25% contiguous to existing City limits. They also commented on additional landscaping, the width and placement of the driveway, and relocating the building in an effort to place the parking at the original 15' setback. The Health Department has no comment since it is connecting to utilities. The City Engineer identifies the nearest sanitary sewer being located in Douglas Road. It is the developer's financial responsibility to make the connection to a public sewer. A drainage plan is required. No public storm sewer is available to the site. The developer will be required to create an erosion control plan and obtain a permit. INDOT has approved the design of the driveway but are still considering placement. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the Comprehensive Plan for South Bend and St. Joseph County (April 2002) Goal 2: Objective B: Locate employment uses in such a manner that conflicts with the residential land uses are minimized. Land Use Plan: The future land use map makes no specific recommendation for State Road 23 between Ironwood Drive and the Indiana Toll Road. Plan Implementation /Other Plans: The future land use map in City Plan, South Bend Comprehensive Plan (November 2006) identifies areas not in the City at that time as low density residential. Since that plan, the three parcels to the south have been annexed and rezoned to CB Community Business District. 2. Current Conditions and Character: The intersection of Douglas and State Road 23 has a range of uses in the City of South Bend and unincorporated St. Joseph County. APC # 2716 -14 Page 2 of 3 Staff Report 3. Most Desirable Use: 9/5/2014 The most desirable use for properties along State Road 23 is to allow a gradual transition to business uses while still protecting surrounding residential properties. 4. Conservation of Property Values: With proper buffering to the north and east, the residential property value should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to decrease the intensity of zoning from the intersection of State Road 23 and Douglas Road, between commercial and residential uses. Staff Comments: This is a combined public hearing, which includes a rezoning and one variance. The Commission will forward the rezoning to the Council with or without a recommendation and either approve or deny the variances. The petition to rezone this property also includes annexation. The rezoning is from R: Single Family District (County) to O Office District (City). The variance is from the required 15' front parking setback to 10'. The triangular shape of the lot presents practical difficulties on how the lot can be laid out. It is the staffs opinion that the proposed placement of the parking area, building, and play area is optimized for this site. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends the petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the front yard parking variance, subject to the approval of the rezoning. Analysis: State Road 23 is a heavily traveled road connecting South Bend and Granger. There are several non - residential uses at the intersection of State Road 23 and Douglas Road. The uses allowed in O Office District are appropriate and compatible to the existing surrounding uses. Filed iv €:Ice 1 l ZU14 CITY CLEI I:, L--101, : --END, IN APC 4 2716 -14 Page 3 of 3 `��js�ti s`��a* �����`� � `,SUtu+i. �_ t•l�i��IY' �' zri: �RJ'_ � ./`'¢ x: I( I i ir r v'� ',� v� >�'�� S ♦m!� 1�'Ii��� � _ 3 !� :� a ,,+J... -. �Y'd l�(:. � I SiY� 1 I '� !� � ar(. >✓� � Z _Wf � � 4� � r l:�.l: � _ �, ry, r s 1 ✓' s5 1'r arl j;y s- s I v rly+ �{.;-r f �1��• it S � iIT �) ; ` _ a , 1ON 4 \� ('�h}. •f Yi SAT r �_ +.r .� I,JI( � 1 � R B B e e Oe /OP i R M70137 R R ryu Douglas to Rezoning from: "R" SINGLE FAMILY DISTRICT (COUNTY) to "O" OFFICE DISTRICT (CITY OF SOUTH BEND MASTER ZONING KEY CO.. \TY 'R' 3 NV-a- `AH. -_Y D ST4:CT ■ CO..1TY 'R -Y V. —T: -FA VJ %Y 7 STS (-T -0-1TY 'Oc'07= CE'3:8FZR 7 STR CT CO..1TY 'a'5::S \f SS O STz CT CO.ATY'C'--01.<1.:E CA! MSTz OT f.'Sr:AY!'A%A F-]SO-T 5x— \' S'F1'S'. XG.E FAA "iyl TVO FAM-Y STt CT SO T._ 5=1;7 5LS 1 .aS 13T3:CT ■.,. T. 571 0 OfJA^ 1TY S SESS 7STR CT SF1 1 1 se -- APC # 2716 -14 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, RAINBOW CHILD DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 2.65 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North, Range 3 East located in St. Joseph County, Indiana described as follows: Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of State Road 23; thence continuing North 90 degrees 00 minutes 00 seconds West 123.62 feet to the western right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East along last said right -of -way 430.58 feet; thence South 89 degrees 04 minutes 26 seconds East 121.78 feet to the eastern right -of -way of State Road 23; thence continuing South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning containing 2.65 Acres more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as O Office District provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. 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. I It READING PUBLIC HEARING 3 rd READING '.OT APPROVO City Clerk day of 2 , Mayor of the City of South B n& — i t' ZU14 4 9 PETITION FOR ANNEXATION AND ZONING PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE QTY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I am the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel of land more particularly described in Exhibit "A ". 2) Petitioner(s) desire(s) that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by one hundred percent (wo %) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17316 & 17288 ST RD 23 5) The Property Tax Key Number: 71- 04 -29- 455- 002.000 -003 & 71-04-29- 455- 001.000- 003 6) The name and address of the property owner(s) of the petition site is /are: PROPERTY 23, LLC —15138 Stansbury Court, Granger, IN 46530 7) The name and address of the contingent purchaser(s), if applicable: Rainbow Rascals South Bend LLC —1732 Crooks Road, Troy Michigan, 48084 — 248 -519 -1950 8) The parcel is 1.76 acres in size and currently has the following use(s) on it: Residential 9) The number of people currently residing on the property: One Residential House is vacant with the second residence having two people. 1o) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: R Single Family To City of South Bend zoning classification: O -- Office for the following use(s): Day Care 11) The anticipated "build -out' year for the project: 2015 12) The proposed number of lots: One overall parcel containing 1.76 Acres 13) The proposed miles of new roadways: 0 14) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit `A ", z. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The 77, e(s) of all property owner(s), or Attorney for all property owner(s) Signed: Address: 5`1?-SS NAr�e LANG AyC r. Phone Number: 511 104 b`SK-) Phone Number: S i y - Sa0 9�g y 16) Future Property Owner: Rainbow Rascals South Bend LLC 1732 Crooks Road, Troy Michigan, 48084 - 248 -519 -1950 - Pfenton(a-)rainbowccc. com Future Property Owner's Representative Donna Jo Smithers - Northpointe Engineering & Surveying, Inc. 6125 South East Street, Suite B, Indianapolis, IN 46227 317- 721 -0031 (Direct) donna @npes.biz Filed in Clerk's Of.7 I 2914 .s'fbHN V *(` _ OEI C17Y CLERK, S&UTH SEND, IN EXHIBIT "A" DESCRIPTION Part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 38 North, Range 3 East located in St. Joseph County, hidiana described as follows: Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East along said right -of -way 427.88 feet; thence South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning containing 1.76 Acres more or less. Fiietl Tn �ferk r JUG, 22 2e�;�4 CI Y CLM� , -: :V a BEND, IN Adjoiner's Exhibit i I 9 i 8 7 i i I / Cherokee ' Drive i 1 / 2 I I L_ 3 El I �I 5 I I riled ire Clerk's r. JUL, 22 2014 Joittq'VOOs -,01[ CITY CLER:c, SOUL W @END, IN 0 II a U h ; 19 20 ; 21 i - I I / 18 \ 17 16 � SITE - - -- 15 I I I i/ 14 I 13 12 11 I I I i I I I I Douglas Road °o i I 9 i 8 7 i i I / Cherokee ' Drive i 1 / 2 I I L_ 3 El I �I 5 I I riled ire Clerk's r. JUL, 22 2014 Joittq'VOOs -,01[ CITY CLER:c, SOUL W @END, IN 0 II a U h i 11 i I 9 i 8 7 i i I / Cherokee ' Drive i 1 / 2 I I L_ 3 El I �I 5 I I riled ire Clerk's r. JUL, 22 2014 Joittq'VOOs -,01[ CITY CLER:c, SOUL W @END, IN 0 II a U h