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HomeMy WebLinkAbout10-13-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, OCTOBER 13, 2014 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 14 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING AND THANKING MARK NEAL FOR HIS EXCEPTIONAL PUBLIC SERVICE TO OUR CITY AND THE CITIZENS OF SOUTH BEND AS CITY CONTROLLER AND DEPUTY MAYOR 14 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING DEB MARTIN, THE PRINCIPAL OF MADISON PRIMARY CENTER FOR WINNING THE 2014 INDIANA GOVERNOR & CHERI DANIELS SCHOOL HEALTH AWARD 14 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROCLAIMING THAT THE 3RD WEEKEND IN JULY BE DEDICATED AS SPIRIT ANIMAL NATION WEEKEND AT POTAWATOMI PARK 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: (BILLS 43 -14, 44 -14, 45 -14 & 46 -14 COUNCIL PORTION ONLY) 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 49 -14 PUBLIC HEARING 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 PUBLIC HEARING ON THE CITY OF SOUTH ANNUAL SALARY FOR YEAR 2015 51 -14 PUBLIC HEARING ON THE CITY OF SOUTH ANNUAL SALARY FOR YEAR 2015 52 -14 PUBLIC HEARING ON THE CITY OF SOUTH WAGES OF TEAMSTER 2014, 2015, 2016 A BILL OF THE COMMON COUNCIL OF BEND, INDIANA, SETTING THE THE CITY CLERK FOR CALENDAR A BILL OF THE COMMON COUNCIL OF BEND, INDIANA, SETTING THE THE COMMON COUNCIL FOR CALENDAR A BILL OF THE COMMON COUNCIL OF BEND, INDIANA, FIXING MAXIMUM EMPLOYEES FOR CALENDAR YEAR 53 -14 PUBLIC HEARING 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 PUBLIC HEARING 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 PUBLIC HEARING 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 8. BILLS, THIRD READING BILL NO. TIME: 43 -14 THIRD READING 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 THIRD READING 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 THIRD READING 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 THIRD READING 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 49 -14 THIRD 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 THIRD 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 THIRD 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 THIRD 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 THIRD 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 THIRD 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 THIRD 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 9. RESOLUTIONS BILL N0, 14 -84 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 14 -85 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 14 -86 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 14 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 14 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING CERTAIN DECLARATORY RESOLUTIONS AND AMENDMENTS TO THE DEVELOPMENT PLANS FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA, THE NEAR NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA, AND THE SOUTHSIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 14 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROPOSING THAT A STUDY COMMISSION BE ESTABLISHED TO STUDY CURRENT TIF ECONOMIC DEVELOPMENT POLICES AND PROCEDURES 10. BILLS, FIRST READING RTT,T, NO. 56 -14 FIRST READING ON A DESCRIBED PROPERTY COLFAX AVENUE FROM N/S ALLEY BILL TO VACATE THE FOLLOWING THE FIRST E/W ALLEY SOUTH OF LAFAYETTE BLVD. TO THE FIRST 57 -14 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT OF WAY LINE OF ELMER ST. TO THE FIRST NORTH /SOUTH ALLEY 58 -14 FIRST READING ON A BILL TO AMEND THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA AVE. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORT FROM AREA BOARD OF ZONING APPEALS 1. BILL NO. 14 -92 - SPECIAL EXCEPTION - 3226 E. JEFFERSON BLVD. 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. Substitute Bill 54-t- 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 $4.2566 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $.9823 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $.0655 on each one hundred dollars of Taxable Property. Total Civil City Rate $5.3044 For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $.1048 on each one hundred dollars of Taxable Property. Total Redevelopment Rate $.1048 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 V Substitute Bill Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock . M. Deputy City Clerk Approved and signed by me on the day of o'clock .m. F— z 5 b s e4 �. •j,L. -t 0.5Su 3 rd UADii �:C NOT APPROVED ^.EFERRED D -SSED day 2 , at Mayor, City of South Bend, Indiana Filed i_s` ZZ ZU14 i �.I CITVCLEW: €, StJ 'iy 6END, IN 120ON CouNTY-OTY BuLDING 227 W JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUMG1EG, MAYOR PHoNE 574/ 235-9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 22, 2014 Mr. Oliver Davis President, South Bend Common Council 4 °i 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 — Substitute Bill No. 43 -14 Dear Council President Davis: Attached herewith please find a substitute bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2015 and ending December 31, 2015. This tax rate will apply for property tax assessments in fiscal 2014 with taxes payable in fiscal 20 IS. This original bill was submitted for 11 read filing with the Common Council for the council meeting on August 25, 2014, 2 "d reading and public hearing at the council meeting on September 22, 2014, with 3m reading and council vote at the council meeting on October 13, 2014. Similar to prior years, this substitute bill has been filed with estimated property tax rates. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed in February, 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. The actual property tax rates are likely to be lower than the estimates provided in this substitute bill. 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. Respectively submitted, J014u1H. Murphy u City Controller cc: Mayor Pete Buttigieg Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Cristol Brisco, Corporation Counsel Brian Pawlowski, Deputy Chief of Staff Jennifer Hockenhull, Deputy City Controller Filed jr, _ -;five F" 2 Z ZU "14 i CITY CLER.t 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 include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION 11. For the fiscal year ending December 31, 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: (201) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non - Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community Investment Administration Fund (212) Community Investment Grant Fund (216) Police State Seizures Fund (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (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 Member, South Bend Common Coun `'l'� ; ;, . -4A fJ �...`.i •w 1. £: i 1 % �`: _ '+ f E-A ....< .t•.},,., Cui<ncii at,livi .,. 0'J 4ia H`�ii`ev, 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. I st f,EADI;12G k` i I I PUBLIC HARING 3rd READING NOT APPROVED REFERRED PASSED City Clerk of , 2. at Mayor, City of South Bend, Indiana Filed in r, office 0 M174 JOFtI;� tii.ya., CtTYCLERit,BO,J • kEPENb IN 120ON CouNrr -Ow BO DING 227 W. JHFPERsoN BwD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9216 Fax 574/235 -9928- CITY OA SOUTH BEND PETE BUITIGIEG, 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 I" read filing with the Common Council for the council meeting scheduled for August 25, 2014, 21d read and public hearing at the council meeting on the September 22, 2014, with 3rd 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, Jo H. H. M M rph urphy 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 C - v's Office FANS 2 0 2014 JOHN yrAMDE CITY CLERIC, SOU! 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 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 II, 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 Ill. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. q�dxl 04-� .... 11 ff-� Member of the Common Council Attest: �fq an tm'Py for ps[aiit fEti aw City Clerk Presented by me to the Mayor of the City of South Bend, Indian on the at o'clock .m. Approved and signed by me on the day of at o'clock .m. t st READING Z r PUL!C (TEARING 3 rd READING NOT APPROVM REFERRED PASSED Deputy City day of Mayor, City of South Bend, Indiana Filed In % °, office A'U'3 2 0 2014 CITY CLERKS, sSOU'rH BEND, IN 120ON CouNrr --Crrr BOLDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUITIGIEG, MAYOR PNoNE574/235 -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 151 read filing with the Common Council for the council meeting scheduled for August 25, 2014, 2 "a read and public hearing at the council meeting on the September 22, 2014, with 3 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. Murphy I 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 ir-, ds Office 20 2014 fl�J dt�ttia b'i�:�;4nt1 CITY CLERS{, :i0U11i BEND, IN 040 L U oc, - `-Eb_ I`1 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: City Clerk OU- —�5 Qs�� I k— Member, South Bend Common C uncil Soft of .,3 W is Qri:; fto txc�ld9,„a n wo tey #3r 131Ithlli Imal2`ty i01iM Presented by me to the Mayor of the City of South Bend, Indiana on the — day of 2014, at o'clock . m Approved and signed by me on the_ day of at o'clock, _.m 1 st READING ? 7 r I I PUBLIC HEARING 3 rd READIh1 ;40T APPROVED HRRED PASSED City Clerk, Deputy , 2014, Mayor, City of South Bend, Indiana Filed If, gice 20 LU14 C17Y CLERK, SoLiTti @END, IN Alk o trans IF 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 4005 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, David Cangany General Manager, South Bend Public Transportation Corporation Filed Ira z 0 '1014 JOHN VOORUR CITY CLERK, SOUTH BEND, IN (574) 232 -9901 • FAX (574) 239 -2309 • 1401 South Lafayette Blvd • South Bend, IN 46613 �cEI 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 (Y-- -- -,)- /-)01-( 0� Member, South Bend Common Council fteC� p&i l.ii L Yi✓ W T -..'�� 4��v Worm coundl auavn Q1 ir` ate. 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. Ic! READ:HG 9 —uL -4 Y PUBLIC HEARiNIG 3rd READf4G NOT APPROVED +RE %ERRED PASSED Mayor, City of South Bend, Indiana Flied i., "Mice F- 11 2014 CITY OLEP.ii.'Li -k, t h SEND, IN 120ON COUNTY -Cm BVIIDING 227 W JEFFERSON BLVD. SouTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, 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 4'h 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, 2'14.�Mu hy City Controller Filed 1§ce 9 i 2014 i CITY CLE"Ll ._01 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. �r r r � 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. Em Office of the City Clerk Member of the Common Counci �. �41„€p+�,�� OW:EVi:i..d .u> ..... and Council ackas on W-Us. 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 ,9-jPww&1anddpwd by me on the _ day of o'clock .m. 1,; READING a -ZZ -r y PUBUC NEARING 3 rd READING NOT APPROVED RHERRED PASSED Mark Neal, Deputy Mayor City of South Bend, Indiana 2014 at Filed p 7`- EP 17 2014 CITY Jar + D: Pfau p Office of the City Clerk JOHN VOORDE, CITY CLERK September 17, 2014 Members of the South Bend Common Council 4th 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 Had S Sv 17 2014 455 County -City Building . 227 W. Jefferson Blvd • South Bend. Indiana 46601 . 574/235 -9221 . Fax 574235 -9173 KAREEMAH FOWLER JANICE TAI.RLOOM EMILY SEXTON CHIEF DEPUTY DF.PUTY ORDINANCE VIOLATION CLERK 6- l� 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. i i 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. Oliver J. Davis, Council President Member of the Common Council U0 77M and Council Gedscr 01 John Voorde, City Clerk Office of the City Clerk 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 roaedasrdd by me on the _ day of 2014 at o'clock m. sr READING -LL- t Y PUBLIC HEAVING 3rd READING NOT APPROM REFERRED. PASSED Mark Neal, Deputy Mayor City of South Bend, Indiana n.r ,,Office cop 17 2�1� I i ONY 4W.I.„.y Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 September 17, 2014 Members of the Common Council 4`h Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin,gov Re: 2015 Salary Ordinance for the South Bend Common Council Dear Council Members: Henry Davis, Jr. I am introducing the attached ordinance which would establish the Second District maximum salaries for members of the Common Council for calendar year 2015. Valerie Schey Third District The proposed salary increase, as briefly discussed at the Personnel and Finance Committee held earlier this week, would be $358 and would Fred Ferlic represent a two percent increase over our current salary amount. Fourth District David Varner I look forward to discussing this with you further before final action is taken Fifth District at the October 13, 2014 Common Council meeting. Thank you. Oliver J. Davis Most sincerely, Sixth District Derek D. Dieter Oliver J. Davis At Large Council President Gavin Ferlic South Bend Common Council At Large cc: Attachment Karen L. White At Large `qv �Sl� 1 7 2014 . V � L C ( GJo. �-Z- ( 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 II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (c) Insurance. (1) eroviaer organization (PPO). The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. (2) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Employer's Comprehensive Major 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. wyLrVe 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 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 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: SVP3 f f r City Clerk Gourd aCi m On tw :w 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 PASSED, Filed Vr IM ice 1 s UAX�"G 4014 PUBLIC KEAPUNG 3 rd READING NOT APPROAD JOH CITY CLENE tb�ri aErm, IN REFERIZIM PASSED, 2014 Teamster Wage Rates for Salary Ordinance Page f of 3 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 LIGHTING TRAFFIC AGHTING DEPARTMENT Staff PosiND tio Group Leader- Traffic & Lighting 17.39 17.74 2% 18.09 2% 18.45 2% Operations Technician 16.71 17.04 2% 17.39 2% 17.73 2% Sign Artist 17.50 17.85 2% 18.21 2% 18.57 2% Sign Artist- Job Leader (new position in 2011) 18.73 19.10 2% 19.49 2% 19.88 2% Signal Technician 1 17.31 17.66 2% 18.01 2% 18.37 2% Signal Technician II 18.07 18.43 2% 18.80 2% 19.18 2% Signal Technician 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: Arborlst 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 1 19.07 19.45 2% 19.84 2% 20.24 2% Bldg & Structural Maintenance II 1937 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 111 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Mason 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Welder 19.07 19.45 2% 19.84 2% 20.24 2% Dietician 15.76 16.08 2% 16.40 2% 16.72 2% Electrician - Park 19.77 20.17 2% 20.57 2% 20.98 2% Equipment Operator 11 - Park 16.39 16.72 2% 17.05 2% 17.39 261. 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 II 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 11 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 lV - Park 19.77 20.17 2% 20.57 2% 20.98 2% Veterinarian Tech 18.20 18.56 2% 18.94 2% 19.31 2% Zoo Maintenance 16.57 1 16.90 2% 17.24 2% 17.58 2"/° 2014 Teamster Wage Rates for Salary Ordinance Page f of 3 2014 Teamster Wage Rates for Salary Ordinance Page 203 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 1 15.92 16.24 2% 16.56 2% 16.89 2% Equipment Operator 11 16.48 16.81 2% 17.15 2% 17.49 2% Equipment Operator Ill 17.12 17.46 2% 17.81 2% 18.17 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 1927 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 20/6 Job Leader - 18.70 19.07 2% 19.46 2% 19.84 2% Picker 1 - 16.34 16.67 2% 17.00 2% 17.34 2% Picker II 16.72 17.05 2% 17.40 2% 17.74 2% ORGANIC RESOURCES _ Staff Positions: Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 19.00 19.38 2% 19.77 2% 20.16 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% WASTEWATER Staff Positions: CSO Rep 1 17.46 17.81 2% 18.17 2% 18.53 2% CSO Rep It 18.20 18.56 2% 18.94 2% 19.31 2% Dewater Operator 18.20 18.56 2% 18.94 2% 19.31 '2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Janitor 15.21 15.51 2% 15.82 2% 1.6.14 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 II 17.50 17.85 2% 18.21 2% 18.57 2 %. Maintenance Electrician III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician IV 19.72 20.11 2% 20.52 2% 20.93 2% Maintenance Electrician V 20.46 20.87 2% 21.29 2% 21.71 2% Maintenance Lead 21.22 21.64 2% 22.08 2% 22.52 2% Maintenance Repair 1 17.46 17.81 2% 18.17 2% 18.53 2% 2014 Teamster Wage Rates for Salary Ordinance Page 203 M 1 zu74 2014 Teamster Wage Rates for Salary Ordinance Page 3 00 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 11 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 Relief Operator 16.63 16.71 16.96 17.04 2% 2% - 17.30 17.39 2% 2% 17.65 17.73 2 % 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 %u Operator III 16.57 16.90 2% 17.24 2% 17.58 2% WATER WORKS Staff Positions: Auditor I - Barg. 16.30 16.63 2% 16.96 2% 17.30 2% Auditor 11- Barg. 17.37 17.72 2% 18.07 2% 18.43 2% Auditor III - Barg. 18.75 19.13 2% 19.51 2% 19.90 2% Auditor IV - Barg. 19.13 19.51 2% 19.90 2% 20.30 2% Clerk Dispatcher 111 16.81 17.15 2% 17.49 2% 17.84 2a /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 Repainnan /Insp 1 17.78 18.14 2% 18.50 2% 18.87 2% Field Repairman / Insp 11 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 III 16.19 16.51 2% 16.84 2% 17.18 2% Meter Serviceman IV 16.81 17.15 2% 17.49 2% 17.84 2% Operator I - 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.24 16.81 4% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% Payment Processor- Lead 15.43 15.74 2% 16.05 2% 16.37 2% Utility Operator 15.23 15.53 2% 15.85 2% 16.16 2% Changes from Ordinance No. 10267.13. passed October 30. 2013 (1) - rate of $18.73 per hour during 2013. Increase by 2% each year for 2014 through 2016. (2) - actual rate paid of $16.93 per hour during 2013. Increase by 2% each year for 2014 through 2016. (3) - rate of $18.50 per hour during 2013. Increase by 2% each,y . r for 2014 through 2016. a M 1 zu74 2014 Teamster Wage Rates for Salary Ordinance Page 3 00 120ON CouNrr -On &nLDrNG 227 W. JEFFERSON BLVD. SOuTH BEND, INDIANA 46601 -1830 PHONE 574 /235 -9216 FAx 574/235 -9928 CITY OF SOUTH BEND PETE BUTFIGIEG, MAYOR 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, Je Murphy City Controller f r ZU14 r C I I V C, E z CA� 0,�-5�-ty 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 as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi- Weekly basis. Amounts by alphabetical position are set forth, as well as the annual salary for each position. 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 Major 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 newemployee 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. U� n Member of the Common Council tTjllp i XW Gourd 611%KbItS Gil HirS 22� wtif3 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2014, at o'clock—. M. Approved and signed by me on the O'clock .m. 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SouTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9216 PAX 574/235 -9928 CITY OP SOUTH BEND PETE BurrjGIEG, 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 C ontroller l�- 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 1St, 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 1St Class Harvey Mills, FOP Vice - President; Lieutenant Steve Noonan, Past FOP President; Sergeant Cori Bair; Patrolman 1St 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. Y../ 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 swom 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 Il. 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 "a Class TBD TBD TBD Patrolman 3`d Class TBD TBD TBD Section III. Additional Areas of Compensation. 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, 4th District Council Member City Advisory Negotiating Team Member �-- 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 %, „/ 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 �z Z 1st READIt'.G Iq PUBLIC HEARING ,,d READING -T APPRO.V0 ERRED ASSED 7 2014 E City of South Bend w - 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 16, 2014 Members of the Common Council 4'' Floor County -City Building South Bend, Indiana 46601 Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://wwwsoutbbmdin.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 2014 . . ', RZ lei( 0,2s 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, ¶ (d) is charged with establishing before November Is`, 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 I" Class TBD TBD TBD Firefighter 2 "d Class TBD TBD TBD Firefighter 3' Class TBD TBD TBD Section IIl. Additional Areas of Compensation. UY:i1] 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. vo.,,_Q ✓..)_ /), J, IL 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 1 r /lll.' John Voore, 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 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 �(-Z 7%t 1 s READ:': PUBLIC H[ `.NN'u 3 rd READING NOT APPROVrA REFERRM PASSED, Filets in '.Fffice Y r P 13 "..2.014 JOKN r �.. CETYCLERIt 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 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 sincerely, Oliver J. Davis � � / Sixth District �--/l -� �4 Kathleen Cekanski Farrand Derek D. Dieter Council's Agent At Large Gavin Ferlic Attachment At Large Karen L. White At Large Filed in_._._ i 18 1014 J i M 0� - N -KK 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; 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. (X"' -T I Member of the Common Council Cound, P ESENTED NO-T. ApnovEb Filedln Cie. -= -Of !66 PETITION FOR SPECIAL EXEMPTION AND VARIANCE Kramer Ceilley & Assoc. Inc., , South Bend, IN 46619 Ph. 772 -584 -0481, e-mail 4bernie9ceillev.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 4 DUB 1-1, -M si 7� 14e,</VDZ. ID sT . ....... . . . . . . HQ USO 0, WO om EQ zt ma fa QtN mQd oz, Q�, -8g waV aca 00. to ci ca Er WO om EQ zt ma fa QtN mQd oz, Q�, -8g waV aca 00. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 N 0 � W 00 00 00 00 0o CD '00 W 00 00 00 00 OD 00 00 00 00 00 � 00 m 00 00 00 00 00 00 00 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W O O O O O O O O 0 O O O O O O O O O O O O O O O O O 0 O O O m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m V V V V V V V V V V V V V V V V V V V V V V V A V V V V V V N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N to U1 In In VI In 0 to V1 VI VI V1 Ln (n VI In N (n In 0 V1 N W A VI U1 In 0 (n N W A N O kOO N Oml Vii O Imo-` ? 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N y* m m�— z D r L1 y= m O p Z p 0 Ozo <750oC)gD�n zcciz0 C (n A Z= m N in D n Z m n m cn D co cn -i O D _A 0 r _N Z D m r A 0 Z D D n m D 2 3 W m m m RD A O !t0 O< r D r Z0 —A_I C D A D A v Z LA n O D n m A A D D 0 r m 0 Z A v Z > > D D � n m { D> O y (mn m A n m n r r A Z r m N n m O z O m O m D O V' D < Z A m n r r m O z v m 3 D m z m m .0 m c D A r D Z (1 N m m V V V V V N I-+ m N N N N N N N In N O p W N lD O N l0 0 O O 0 " A A D to N tD N N NA O 0O N N W N + A O W ;A - W D 3 D D N 0 A 00 o 0 N `G n d d :* 0 7 3 S M N G N S �^ C Vf `G rrDD K O Q d Q Q a VI 3 FN., N y O D m r (n m oo m 3 m 2r 0QC rr 3 K 0 N rD D N D rD N < D C m n 0 0 m 0 0 0 0 0 0 m 0 0 0 0 0 eG'f N C C c c G c C cil 0 C C c n C C S y S S S S S S S S Dy S S S 0 S S CP O fWD n fWD (� fcaD (WD (WD rOD fWD fW _ D d lWD (WD fOp co co ( ( D D 7 W O 0 3 7 7 7 0 7 n > > > 7 J Q Dl Q Q Q Q Q Q Q S Q Q Q Q Q 3 0 Z Z Z y Z Z Z Z Z Z Z r Z Z Z z Z Z kA \/ \ \I \(\ \} � CD \\/ /\ !/! /\ 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 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 actionwas 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. Sincery� /' dG Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Filed in C1 Office -5 2014 I off V666 v —' CITY CLERX, SOtiTH BBPIO, IN I - --- - --. SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS KRAMER+CEILLEY & ASSOCIATES FINDINGS OF FACT 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 COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: ADOPTED this 3RD Day of SEPTEMBER, 2014. YES NO M MICHAEL URBANSKI M RANDALL MATT14YS M JACK YOUNG GERALD PHIPPS © ROBERT HA WLEY 0 JOE VELLEMAN ABSENT BRENDAN CRUMLISH L iPi VOC>rttJASCU l.11 SEM, 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 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: a 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. DRESENTLO � � APPROYt> (7t? O JJ'V. �) Member of the Common Council stift ¢,f r+ /ypwu Pn. od C" CO av-voa ca 1.1:3 L'ol Filed In CI Fvf'e Office AN 11 2014 J01114 +YOOAOII CITY CLERK, Iit)IJ1"H BEND, IN THE CITY OF SOUTH BEND INDIANA Special Use Permit Application Small Cell Wireless Telecommunications Facility verionwireless PUect Location: omm 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. ROD' Eskala Cr,wwg San +at 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 microcell 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 Wire less 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 overa0 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 Wire less 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(o)insite- inc.com with any concern. Sincerely, Scott Garcia Insite inc. Ney E00%Ci w, S."." 1s660 Midwest Road, Suite 140 Oakbrook Terrace, Illinois 60181 Garcia(cD insite- inc.com (630) 742 -3000 w, k F^ e5al� r r,[ tis Yl POP T -- -�{f.. AO AF tiR- a"cr'j GfCACy Ot 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 d uarantee. 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.meridiantitle.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.meridiantitle.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 P� vV� 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 Wireless and Insite, Inc. was legally advertised on August 14, 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. 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 oY 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. Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Filed i€t �i:r � f ce sa!'t ✓aor tal CITY cLg_ SOUTH BEND, Iry 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, Lire 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. YES NQ O MICHAEL URBANSKI RANDALL MATTHYS O JACK YOUNG Q GERALD PHiPPS ROBERT HAWLEY O JOE VELLEMAN _3 0 =0 il l aYAWEGJ IR"' INF-1I Filed inI w.:,� • _ ., .. R �., cc- 5 2014 CITY Cl.EI•:SC, SOUI M BEN D, 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 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. pRrstn�rro lox an�� � fFt: 9avrrb rXutI -s (3" 1 �- Member of the Common Council A �— P'ntt! 6t) and .cure I au�iid Ci 4 � z U9a , Filed in Cler�'a office E AUQ 112014 E JOHN VOORDE CITY CLERK, SOUTH BEND, IN THE CITY OF SOUTH BEND INDIANA Special Use Permit Application Small Cell Wireless Telecommunications Facility verl7onwireless Project Location: NOW 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. Rev Estwo C k*e q somui 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 Calico 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 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 microcell 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 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 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 wire less 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 wire less 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 Garciakilinsite- inc.com with any concern. Sincerely, Scott Garcia Insite inc. Real Fatale Conwhesg Sam,, 1s660 Midwest Road, Suite 140 Oakbrook Terrace, Illinois 60181 Garcia(a)insite- inc.com (630) 742 -3000 M r } jit i, r t4 S � •v 'yy '41 N t t ' �t iHol win co 1 t L � d i O I F i t SJ �7i N. '1 iryw 't - t D 'f • f M )_ •jam "r. l r) it 1 Parcels: PARCELID 018 -5009 -0263 PARCELSTAT 71 -08-01- 456 - 002.000 -026 LEGALDESCR Lot 123 0 P Lowell & 112 Vac Alley N & Adj PAY-YEAR 2014 NAME 1 N D REALTY MAILINGADD 52273 TALLY HO DR N 61.AILINGCIT South Bend IAAILINGSTA IN IA4I1 ING7IP 46635 PROP ADDR 322 HILL PROP CITY South Bend PROP_STATE IN PROP ZIP 46617 ACREAGE 0.28 �J r 1 Ito # N man �,,�' s� '�� �'na. � �• � `. � �`• . _ �- " -- ,._. R. +CFCACY & t. 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.meridiantitte.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, Michael J. Hoban, and Patrick Hoban, 1/8 interest and Hoban Family Trust / 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 18 -5008 -0236 Timothy K. Hoban, Mary Ricci, Michael J. Hoban, and Patrick Hoban, 1/8 interest and Hoban Family Trust /: 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, /2 interest 205 North St. Louis South Bend, IN 46617 Michael J. Hoban, and Patrick Hoban, 1/8 interest and Hoban Family Trust 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 800.777.1574 More than a Commitment, a Guarantee, www.meridiantitte.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 �— C/V Kim Myers More than a Commitment, a Guarantee. 800.777.1574 www.meridiantitle.com 6J(pa- 14-40 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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 seo., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed 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 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. 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 confirms its Declaratory Resolution designating 2 rRrSENTED NOT APRU3 ADOPIM the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea, SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 0(<' - Member of the Common Coun w� coAunn .: wP 15 20.1,4 C{1'YCLER! , e.? SEND, IN G 1'11 N - -1 �--v RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING CERTAIN DECLARATORY RESOLUTIONS AND AMENDMENTS TO THE DEVELOPMENT PLANS FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA, THE NEAR NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA, AND THE SOUTHSIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), governing body of the City of South Bend (the "City ") Department of Redevelopment (the "Department") and the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District'), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in Indiana Code 36 -7 -14, as amended from time to time (the "Act'); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3227 entitled "Resolution of the South Bend Redevelopment Commission Designating and Declaring a Certain Area as a Redevelopment Area for the Purpose of Amending the Boundaries of the South Side Development Area and its Allocation Area and to Amend the Development Plan for the South Side Development Area" (the "SSDA Declaratory Resolution "); and WHEREAS, the SSDA Declaratory Resolution (i) designated and declared a certain area within the City to be a redevelopment area and an allocation area for purposes of tax increment financing (the "SSDA Expansion Area ") to expand the existing South Side Development Area (the "South Side Area ") to include the former Scottsdale Community Center in the South Side Area; (ii) added the Scottsdale Community Center to the South Side acquisition list; and (iii) approved an amendment (the "SSDA Plan Amendment') to the development plan for the South Side Area (as amended by the SSDA Plan Amendment, such plan shall be referred to herein as the "SSDA Plan"); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3228 entitled 'Resolution of the South Bend Redevelopment Commission Designating and Declaring Certain Areas as Redevelopment Areas and Adding Certain Territory from the South Bend Central Development Area for the Purpose of Amending the Boundaries of the Northeast Neighborhood Development Area and the Northeast Neighborhood Development Area Allocation Area No.1 and Approving an Amendment to the Development Plan for Said Area" (the "NNDA Declaratory Resolution "); and US.54744386.03 WHEREAS, the NNDA Declaratory Resolution (i) consolidated into the Northeast Neighborhood Development Area (the 'Northeast Neighborhood Area ") certain territory which was previously part of the South Bend Central Development Area (the "Central Development Area "); (ii) designated and declared certain areas within the City to be. redevelopment areas and allocation areas for purposes of tax increment financing (the "NNDA Expansion Area ") to expand the existing Northeast Neighborhood Area; (iii) transferred certain previously included property on the Central Development Area acquisition list to the NNDA acquisition list; and (iv) approved an amendment (the "NNDA Plan Amendment ") to the development plan for the Northeast Neighborhood Area (as amended by the NNDA Plan Amendment, such plan shall be referred to herein as the "NNDA Area Plan"); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3229 entitled 'Resolution of the South Bend Redevelopment Commission Designating and Declaring Certain Areas as Economic Development Areas to Amend the Boundaries of the Airport Economic Development Area by Adding the Remainder of the South Bend Central Development Area, Certain Territory of the West Washington- Chapin Development Area and Certain Expansion Areas to the Airport Economic Allocation Area No. I and Approving of an Amendment to the Development Plan for the Airport Economic Development Area" (the "Airport Area Declaratory Resolution "); and WHEREAS, the Airport Area Declaratory Resolution (i) consolidated into the Airport Economic Development Area (the "Airport Area ") the portion of the remaining territory of the Central Development Area; (ii) added certain territory of the West Washington- Chapin Development Area (the "W WC Area ") into the Airport Area; (iii) designated and declared certain areas within the City to be economic development areas and allocation areas for purposes of tax increment financing (the "Airport Area Expansion Areas ") to expand the existing Airport Area; (iv) removed certain territory from the Airport Area; (v) terminated the allocation provisions relating to the Downtown Medical Services District within the City; (vi) added certain parcels of property to the Airport Area acquisition list; (vii) transferred certain previously included property on the Central Development Area acquisition list to the Airport Area acquisition list; (viii) transferred certain previously included property on the WWC Area acquisition list to the Airport Area acquisition list; and (ix) approved an amendment (the "Airport Area Plan Amendment ") to the economic development plan for the Airport Area (as amended by the Airport Area Plan Amendment, such plan shall be referred to herein as the "Airport Area Plan "); and WHEREAS, on September 16, 2014, the St. Joseph County Area Plan Commission (the "Plan Commission ") adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining the SSDA Declaratory Resolution, the NNDA Declaratory Resolution and the Airport Area Declaratory Resolution (collectively, the "Declaratory Resolutions ") and the SSDA Plan, the NNDA Plan and the Airport Area Plan (collectively, the "Development Plans ") as respectively amended by the SSDA Plan Amendment, the NNDA Plan Amendment and the Airport Area Plan Amendment (collectively, the "Plan Amendments "), and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolutions and the Development Plans, as respectively amended by the Plan Amendments, as required by Section 16 of the Act (the "Plan Commission Order "); and U&54744386.03 2 - WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the "Common Council ") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to continue to proceed with the redevelopment and economic development of the South Side Area, the Northeast Neighborhood Area and the Airport Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Plan Commission Order is hereby approved, ratified and confirmed in all respects. SECTION II. The determination that the Airport Area Expansion Areas constitute an economic development area under the Act is hereby approved pursuant to Section 41(c) of the Act. The determination that the SSDA Expansion Area and the NNDA Expansion Area each constitutes a redevelopment area is hereby approved pursuant to Section 15 of the Act. SECTION III. The determination to consolidate certain territory of the Central Development Area into the Northeast Neighborhood Area is hereby approved. SECTION IV. The determination to consolidate certain territory of the Central Development Area and certain territory of the WWC Area into the Airport Area is hereby approved. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. YKE ENTED NOT APMOYEtb ADOPT US.54744386.03 COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA _ y< Member of the Common Counc4l SIE and Fred It' f .... ie,3ce CITYG.,..z:Wn ;y:, eN EXHIBIT A Plan Commission Order See attached US.54744386.03 RESOLUTION NO. 235 -14 RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING RESOLUTIONS OF THE SOUTH BEND REDEVELOPMENT COMMISSION TO AMEND THE BOUNDARIES OF THE AIRPORT ECONOMIC DEVELOPMENT AREA, THE NORTHEAST NEIGHBORHOOD ECONOMIC DEVELOPMENT AREA AND THE SOUTHSIDE AMENDME ECONOMIC DEVELOPMENT AREA AND APPROVING OF AMENDMENTS TO THE DEVELOPMENT PLANS FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA, THE NORTHEAST NEIGHBORHOOD ECONOMIC DEVELOPMENT AREA AND THE SOUTHSIDE ECONOMIC DEVELOPMENT AREA WHEREAS, the St. Joseph County Area Plan Commission (the "Area Plan Commission "), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City "); and WHEREAS, Department Redevelopment Commission hthe governing b the South Bend o Redevelopment (the "Department") on August 28, 2014, approved and adopted its Resolution No. 3227 entitled "Resolution of the South Bend Redevelopment Commission Designating and Declaring a Certain Area as a Redevelopment Area for the Purpose of Amending the Boundaries of the South Side Development Area and its Allocation Area and to Amend the Development Plan for the South Side Development Area" (the "SSDA Declaratory Resolution "); and WHEREAS, the SSDA Declaratory Resolution (i) designated and declared a certain area within the City to be an economic development area and an allocation area for purposes of tax increment financing (the "SSDA Expansion Area ") to expand the existing South Side Development Area (the "South Side Area "); (ii) added the Scottsdale Community Center to the South Side Area acquisition list; and (iii) approved an amendment (the "SSDA Plan Amendment ") to the economic development plan for the South Side Area (as amended by the SSDA Plan Amendment, such plan shall be referred to herein as the "SSDA Plan"); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3228 entitled "Resolution of the South Bend Redevelopment Commission Designating and Declaring Certain Areas as Redevelopment Areas and Adding Certain Territory from the South Bend Central Development Area for the Purpose of Amending the Boundaries of the Northeast Neighborhood Development Area and the Northeast Neighborhood Development Area Allocation Area No.1 and Approving an Amendment to the Development Plan for Said Area" (the "NNDA Declaratory Resolution "); and WHEREAS, the NNDA Declaratory Resolution (i) consolidated into the Northeast Neighborhood Economic Development Area (the "Northeast Neighborhood Area ") certain territory of the South Bend Central Development Area (the "Central Development US.54748642.02 'll Area "); (ii) designated and declared certain areas within the City to be redevelopment areas and J allocation areas for purposes of tax increment financing (the "NNDA Expansion Area ") to expand the existing Northeast Neighborhood Area; (iii) transferred certain previously included property on the Central Development Area acquisition list to the NNDA acquisition list; and (iv) approved an amendment (the "NNDA Plan Amendment') to the economic development plan for the Northeast Neighborhood Area (as amended by the NNDA Plan Amendment, such plan shall be referred to herein as the "NNDA Area Plan"); and WHEREAS, the Commission on August 28, 2014, approved and adopted its Resolution No. 3229 entitled 'Resolution of the South Bend Redevelopment Commission Designating and Declaring Certain Areas as Economic Development Areas to Amend the Boundaries of the Airport Economic Development Area by Adding the Remainder of the South Bend Central Development Area, Certain Territory of the West Washington- Chapin Development Area and Certain Expansion Areas to the Airport Economic Development Area, Designating Such Territories and Areas as Part of the Airport Economic Development Area Allocation Area No. 1 and Approving of an Amendment to the Development Plan for the Airport Economic Development Area" (the "AEDA Declaratory Resolution "); and WHEREAS, the AEDA Declaratory Resolution W consolidated into the Airport Economic Development Area (the "Airport Area ") the portion of the remaining territory of the Central Development Area; (ii) consolidated certain territory of the West Washington- Chapin Development Area (the "WWC Area ") into the Airport Area; (iii) designated and declared certain areas within the City to be economic development areas and allocation areas for purposes of tax increment financing (the "Airport Area Expansion Areas ") to expand the existing Airport Area; (iv) removed certain parcels of property from the Airport Area; (v) terminated the allocation provisions relating to the Downtown Medical Services District within the City; (vi) added certain parcels of property to the Airport Area acquisition list; (vii) transferred certain Previously included property on the Central Development Area acquisition list to the Airport Area acquisition list; (viii) transferred certain previously included property on the WWC Area acquisition list to the Airport Area acquisition list; and (ix) approved an amendment (the "AEDA Plan Amendment') to the economic development plan for the Airport Area (as amended by the AEDA Plan Amendment, such plan shall be referred to herein as the "AEDA Plan"); and WHEREAS, the Plan Commission desires to approve the SSDA Declaratory Resolution, the NNDA Declaratory Resolution and the AEDA Declaratory Resolution (collectively, the "Declaratory Resolutions ") and the SSDA Plan Amendment, the NNDA Plan Amendment and the AEDA Plan Amendment (collectively, the "Plan Amendments ") which amend, respectively, the SSDA Plan, the NNDA Plan and the AEDA Plan (collectively, the "Plans "); and WHEREAS, the Commission has submitted the Declaratory Resolutions and the Plan Amendments to the Plan Commission for approval pursuant to the provision of Indiana Code 36 -7 -14, as amended (the "Act'), which Declaratory Resolutions and Plan Amendments are attached hereto and made a part hereof, and WHEREAS, pursuant to the provisions of the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolutions and the Plan Amendments; us.64748642.02 - 2 - ' > NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. That Declaratory Resolutions and the Plans, as amended by the Plan Amendments, conform to the plan of the development of the City. confirmed. 2. The Plan Amendments are in all respects approved, ratified and 3. That the SSDA Declaratory Resolution (i) designating and declaring certain territory as the SSDA Expansion Area to expand the existing South Side Area; (ii) adding the Scottsdale Community Center to the South Side Area acquisition list; and (iii) approving the SSDA Plan Amendment to the SSDA Plan is in all respects approved, ratified and confirmed. 4. That the NNDA Declaratory Resolution (i) consolidating into the Northeast Neighborhood Area certain territory of the Central Development Area; (ii) designating and declaring certain areas to be the NNDA Expansion Area to expand the existing Northeast Neighborhood Area; (iii) transferring certain previously included property on the Central Development Area acquisition list to the NNDA acquisition list; and (iv) approving the NNDA Plan Amendment to the NNDA Area Plan, is in all respects approved, ratified and confirmed. 5. That the Airport Declaratory Resolution of the Commission, (i) consolidating into the Airport Area ") the portion of the remaining territory of the Central Development Area; (ii) adding certain territory of WWC Area into the Airport Area; (iii) designating and declaring certain territory as the Airport Area Expansion Areas to expand the existing Airport Area; (iv) removing certain parcels of property from the Airport Area; (v) terminating the allocation provisions relating to the Downtown Medical Services District within the City; (vi) adding certain parcels of property to the Airport Area acquisition list; (vii) transferring certain previously included property on the Central Development Area acquisition list to the Airport Area acquisition list; (viii) transferring certain previously included property on the WWC Area acquisition list to the Airport Area acquisition list; and (ix) approving the AEDA Plan Amendment to the AEDA Plan, is in all respects approved, ratified and confirmed. 6. This Resolution hereby constitutes the written order of the Area Plan Commission approving the Declaratory Resolutions and the Plan Amendments pursuant to Indiana Code 36- 7- 14 -16. 7. That the Secretary of the Plan Commission is hereby directed to file copies of the Declaratory Resolutions and the Plan Amendments with the minutes of this public meeting. 8. That this Resolution shall be in full force and effect from and after its adoption by the Plan Commission. Us.54748642.02 - 3 - 9. PASSED, ISSUED AND APPROVED by the St. Joseph County Area Plan Commission this 16th day of September, 2014. ST. JOSEPH COUNTY AREA PLAN COMMISSION ATTEST: —4, P Secretary us.54748642.02 4 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 October2,2014 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Oliver Davis President, South Bend Common Council 41 Floor, County-City Building South Bend, IN 46601 PHONE: 574/235 -9371 FAX: 574/235 -9021 Re: Resolution to Approve of the Written Order of the Area Plan Commission Regarding the Proposed Tax Increment Finance ( "TIF ") Area Realignment Dear President Davis: Enclosed for consideration by the Common Council is a resolution which approves of the written order of the Area Plan Commission (the "APC ") evidenced by a resolution adopted by the APC on September 16, 2014 (the "APC Resolution "), in connection with the proposed realignment of the various TIF Areas located in the City of South Bend (the "City"). The APC Resolution approved of action taken by the South Bend Redevelopment Commission (the 'Redevelopment Commission ") on August 28, 2014, to adopt declaratory resolutions for the purpose of (i) amending the boundaries of the South Side Development Area to include the former Scottsdale Community Center in the South Side Development Area, adding the Scottsdale Community Center to the acquisition list for the South Side Development Area, and approving an amendment to the South Side Development Area Plan for the South Side Development Area; (ii) amending the boundaries of the Northeast Neighborhood Development Area to include the certain territory from the South Bend Central Development Area in the Northeast Neighborhood Development Area, expanding the Northeast Neighborhood Development Area, and transferring certain properties that previously were included on the Central Development Area acquisition list to the Northeast Neighborhood Development Area acquisition list, and approving an amendment to the Northeast Neighborhood Development Area Plan for the Northeast Neighborhood Development Area; and (iii) amending the boundaries of the Airport Economic Development Area by adding the remaining portion of the South Bend Central Development Area and certain territory of the West Washington- Chapin Development Area into the Airport Economic Development Area, expanding the existing Airport Economic Development Area, removing certain territory from the Airport Economic Development Area, terminating the allocation provisions relating to the Downtown Medical District, transferring certain parcels that were previously included on the Central Develop ment ment Area acquisition list and the West Washington- Chapin Development Area to the Airport Economic Development Area acquisition list, adding certain new parcels to the Airport Economic Development Area acquisition list, and approving an amendment to the Airport Economic Development Area Plan. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES n JITIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS 'y^yfy The purpose of the proposed TIF realignment is to more accurately reflect the boundaries of the redevelopment and economic development areas in the City n light of the ongoing development plans for the City. Moreover, the realignment serves the inter - related goals of fiscal stewardship, economic development, and neighborhood revitalization. Through this action the City will be able to execute the implementation of the Mainstreets Revitalization Plan (i.e. `corridor plan), the Smart Streets initiative, as well as invest in parks, curb and sidewalk lighting and other amenities necessary to support a high quality of life while also continuing a proactive approach to job creation and new investment., This resolution is part of the approval process required under Indiana Code 36 -7 -14, which approval process would conclude with consideration by the Redevelopment Commission of confirming resolutions following a public hearing after approving action by the Common Council on the attached resolution. Thank you for your consideration of this resolution. Sincerely, Scott Ford Enclosure Filed L,0, d'" N CflYG6E,, RESOLUTION NO. l A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROPOSING THAT A STUDY COMMISSION BE ESTABLISHED TO .STITIIV rl Tnvl IUT mic 6)%C e the South Bend Common Council recognizes that tax increment financing (TIF) is a financig mechanism established by the Indiana General Assembly which authorizes the capturing of property tax n attributable to increases in assessed value, with such capture monies then being used to fund improvements an es d development in designated TIF areas; and W) the Common Council further recognizes that in the City of South Bend 39.5% of the land is currently in one of nine (9) TIF allocation areas, namely: Airport Economic Development Area Douglas Road Economic Development Area Northeast Neighborhood Development Area South Bend Central Development Area Southside Development Area West Washington Development Area; and the City Administration is proposing that the percentage of the City of South Bend covered in a TIF be increased from 39.5% to 42% through a TIF realignment; and the Common Council recognizes that on March 5, 2012, the City County Council of the City of Indianapolis and of Marion County, Indiana, adopted Resolution No. 36, 2012. That Resolution established an eight (8) member Tax Increment Financing (TIF) Study Commission to "examine and investigate current economic development policies and procedures relating to the use of tax increment financing (TIF)...; and y the Tax Increment Financing (TIF) Study Commission in Indianapolis and Marion County was assisted by the Chief Financial Officer and General Counsel and was charged with reviewing and making recommendations on their economic development policies and procedures related to TIF and was to share information and issue a report of its preliminary findings within approximately 45 -days of its creation and a final report within approximately 90 -days of the creation of the special Study Commission; and the Tax Increment Financing (TIF) Study Commission in Indianapolis and Marion County Report presented very comprehensive data which included among other things exhibits which addressed the City of Indianapolis TIF Funded Projects; Standard & Poor's Criteria as well as Moody's criteria and ratings data; TIF Peer Cities Case Study Research; which noted among other things that there the creation of a TIF district could have an adverse impact in three (3) circumstances which the Indianapolis Study identified when circumstances reveal that it was: • "Poorly Conceived Project or TIF District" • "Bad Investment" • "Unmanaged AV Capture" [Indianapolis -Marion County Council Tax Increment Financing Study Commission Appendix 3: Supporting Documents] 4 the Common Council recognizes that TIF provides a mechanism so that redevelopment is self - financed and that TIF shifts the risk of redevelopment from the City's taxpayers to bondholders. TIF Resolution Page 2 i Section I. Establishment of Stud Commission and Deadlines: The Common Council of the City of South Bend, Indiana, believes that a seven (7) member Tax Increment Financing (TIF) Study Commission should and is hereby established for the purpose of examining and investigating current economic development policies and procedures, as well as "best practices" for the use of tax increment financing (TIF) in the City of South Bend; and that such Commission hold public hearings and take public input and make its findings and recommendations for improvement in writing to the Common Council no later than Monday, January 12, 2015. Section II. 7- Member Commission: The Tax Increment Financing (TIF) Study Commission shall be composed of seven (7) members, as follows: Community Investment Committee Chairperson, the South Bend City Controller, the St. Joseph County Auditor, a member of the Redevelopment Commission, a representative from a Chamber of Commerce operating and doing business in the city; at least one (1) member from the banking community doing business in South Bend, and a business owner from the minority business community. Non - designated positions shall be appointed as follows: one (1) by the Mayor and the remainder appointed by the Common Council, with all required to be residents of the City of South Bend. Applications for appointment consideration must be filed with the Office of the City Clerk within fifteen (15) days after the adoption of this Resolution. Section III. Quorum, Proxies First Meetin¢: The Commission shall be governed by Indiana's Open Door Law with notice being given of all of its meetings. Four (4) members of the Commission shall constitute a quorum. A commission member may in limited circumstances designate a proxy to participate in a Commission meeting upon notice of the name of the proxy being filed with the Office of the City Clerk. The Common Council's Community Investment Chairperson shall call the first meeting of the Commission as soon as practical following the adoption of this Resolution. Section IV. Staffine: The Commission shall have staff assistance from the City of South Bend's Department of Administration and Finance and the Law Department. Section V. Powers and Duties of the Commission: The Commission shall review and make advisory recommendations as to "best practices" on the City of South Bend's economic development policies and procedures related to TIF, including but not limited to the following: ] . Summary of the City of South Bend's policies, past practices and history since TIF was established locally in the City for the establishment of TIF districts and projects therein; and 2. Summary of the City of South Bend's policies, past practices and history used in the City for the expenditure of TIF district funds and the issuance of debt backed by TID district funds; and 3. Summary of the current City of South Bend's TIF districts and associated fund balances, debt obligations and past expenditures; and 4. Determination of whether there is a need for new methods to increase transparency of City of South Bend TIF districts' funds and the expenditure of those funds, including an online database of TIF districts' funds and expenditures, periodic reporting of TIF districts' financial data to the City Controller, the St. Joseph County Auditor, the South Bend Common Council, and taxing districts impacted by TIF; as well as quarterly evening public meetings which would be more accessible to the working public than the current morning meetings held by the Redevelopment C omission; and 5. Determination of whether there is a need for new methods to increase accountability, including the establishment of new performance standards in the establishment of TIF districts to ensure targeting of TIF districts to revitalize blighted areas of the City of South Bend and job creation; and TIF Resolution Page 3 6. Determination of whether there is a need to provide that performance goals for private development which received TIF and methods provide for consequences if there is a failure to achieve such goals; and 7. Determination ofwhether there is a need fora comprehensive economic development plan to ensure the creation and development of TIF district and projects therein in a more coordinated fashion which is consistent with the economic development goals of job creation and community revitalization; and 8. Determination of whether there is a need for periodic review of established TIF districts and projects therein to ensure performance towards economic development goals and cost/benefit analysis; and 9. Summary of the impact of TIF districts from their inception through July 1, 2014, on St. Joseph County taxing districts that depend on property tax revenue and whether there is a need to mitigate negative impact to those taxing districts, including development of standards and methods to return excess TIF district funds to those units and the methodology used in such determinations; and 10. Summary of whether there is a need for TIF Realignment and established methods addressing the dismantling of TIF districts which are no longer needed and/or address projects there that are not achieving economic development goals. Section VI. Information Sharing: City entities shall share information and cooperate with the commission, including, without limitation, permitting personnel to meet with commission members and testify in front of the Commission. Section VII. Commission Reports: The Commission shall make a written report containing its preliminary findings and advisory recommendations to the Common Council by Monday, November 24, 2014. The Commission shall make its final report setting forth its advisory recommendations and "best practices" recommendations on or before Monday, January 12, 2015. Section VIII. Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Voting in Favor Voting Against ., John Voorde, City Clerk PVMNTEQ NO-Tt APPROVn Henry Davis, Jr., 2 "d District South Bend Common Council -7[014 JOHN -up CITY CLERIC, SOUTH BEND, IN IN yncira h�,, b� . . City of South Bend Common Council 7$_65 441 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 'Ihird District October 8, 2014 Dear Fellow Colleagues: (574) 235 -9321 Fax (574) 235 -9173 http://Www.southbendin.gov Please accept this resolution as an alternative to the current TIF realignment project. We have a fiduciary obligation and responsibility to our constituents. As Council members it compels us to thoroughly examine, ponder over and digest information prior to and approving and making any major changes to the City budget. The Common Council is being asked to blindly make an enormous change to our TIF map with very limited and scarce information. It is incumbent upon us a council members to utilize every resource at our disposal to make a well informed decision, and not make a potentially irrational decision in haste. We need to think long and hard and review the potential consequences of these proposed changes. Fred Ferlic Fourth Approximately 58 counties in Indiana have TIF districts. We began using TIF in the mid 1980s to address blighted District areas, undeveloped urban areas, and over time TIF had been used to start educational programs, David Varner Fifth District expanding or creating jobs through public and private partnerships or through Economic Development Areas. TIF was thought to be used for primarily infrastructure improvements within the given TIF areas however over time we have seen a change of direction throughout Oliver J. Davis Sixth the State for those revenues. The Administration is asking the Common District Council to assist in realigning the TIF areas to promote more economic growth. However, my "At Derek D. Dieter question is this, what expense ?" Have we reviewed existing TIF districts at all? Is anyone else surprised that both At Large a 15 year and 20 year bond was paid off in a few short years for the south side retail developments? Perhaps we should investigate Gavin Ferlic At Large further into this subject and see if we made TIF a governmental piggy bank? Perhaps we should see if the current taxes generated in each TIF are reasonable and the assessments are reasonable and not far Karen L. White over - reaching? At Large The attached proposal is asking the Administration and Common Council to 'slow down this action to get more information by forming a commission to do a study on the uses of TIF in South Bend. The study is to promote a vision for the revenue that has been generated by new investment and also ensure a healthier financial outlook over the next several years for South Bend and its residents. The commission will be an independent group of property owners and residents to outline the history of TIF investments and how it can used to benefit the city in the future. There must be a reason why the Indiana Legislature has voted to change or terminate the use of TIF in the future? Over the last 2 years the Administration has asked for over $3.5 million for studies conducted by outside consultants on recreating the city. The construction cost is undefined and as a district representative I am curious and anxious to know the return on investment. How many jobs are created, how many new businesses are relocating to our area, how many local construction workers are being employed, how long does this huge investment take to turn around for the benefit of the taxpayer? We two -wayed Lafayette Street adjacent to The Cove at the request of the former owner and former Mayor, Joe Kernan. My question is how many new jobs and how much new tax base has been created in that immediate vicinity since the installation of the two -way street? The answer is zero. I all of us on this approach. caution I hope the Common Council will support this resolution in efforts to make sure we are doing the work of the taxpayer and residents. South Bend is currently under a drastic change in revenue from the State given the effects from HB 1001 along with a federally mandated EPA CSO project that has an enormous cost, raised water rates, higher than most local taxes, and the list continues while trying to conduct basic city services. We would be remiss not to take some time to vet our economic future over the next several months which could impact this city for generations to come. I implore all of you to take a deep breath with me, ask some pertinent questions, demand additional information so that we can make a well informed decision for the future of this great community and the people that we serve as true public servants. In service, tQ - Councilman Henry Davis, Jr. Filed in office LU14 JOHN S ^:':� CITY CLEpK, SOUTH BEND, IN ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first E/W alley South of Colfax Avenue from LaFayette Blvd. to the first N/S alley. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first East/West alley South of Colfax Avenue from the East right of way of line of LaFayette Blvd. to the first North /South alley for a distance of 165 feet and a width of 10 feet. Being a part of Knoblock's Subdivision and a Part of the Original Plat of South Bend, City of South Bend, Portage Township, St. Joseph County Indiana. hereby determines that it is desirable to vacate said property. SECTION II: The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, se we, r surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III: The following property may be injuriously or beneficially affected by such vacating: 018 - 1012 -0475 018 - 1012 -0474 018 - 1012 -0471 018 - 1012 -0473 SECTION IV: The purpose of the vacation of the real property is The alley has been paved and used for parking for many years. Colfax Place Associates owns the four (4) abutting parcels and maintains the area designated as an alley for parking. SECTION V: This ordinance shall be if full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk FuS;.ic FL"1 :':uG 3 rd REA.DIi\;G N01' APPROV15 F: FRED PASSED Member of the Common C cil Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20_, at o'clock M. City Clerk Approved and signed by me on the day of , 20 o'clock . M. Mayor, City of South Bend, Indiana Filed in 0 i'3- Dffice OCT'-d Z014 JOHN VOW= CITY CLERK, SOUTH BEND, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY 1STREETS /ALLEYS, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: 10 ID I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: %if9 a park of ACmblwi's Subdi'siovi and a- Par* o1 fhe 7 ee 3er>d G. � Gr,�glrlc�l Ptat of �U�, �+! &u4h $end, Portage Township, ST JoSeph ieounfV,Sndiana,. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT# (fax !mil a& Aaual P _ i zz 1, 4ayeffc Z44 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 CONTACT PERSON (S) NAME: tc ADDRESS: zzh S' Main G 4 PHONE: Jrrl�i— �Ih- l'TY" f!] •e°..r' '; C'r -d 2014 CITY CLERI:, SOUTH Bgpg® IN Id�rE ? l� tCl `-�-W� ��t il• � 1•.) t r, u:. __ )ntlul P[l■ .� � qi; Ili. 9B ell, Af I:fV i q 0 p EY: rl - I- It [[..,,.. 1 Fi . 1 - a i p ° ° � r IIA _ INV �ypjj i _ 1- � �- _4 4 � -_ �..�I— _ _ _.. � 1. • ' — 1� --1 O 1 �, _-r.�.. _.__ .. 1 1 •. F _ SCI s c I 2 -04� 044601 •0466A 8 -0296 8 -0304 018 -1008 �0 2 -0447 ,o 0 o ^ 0 o N 2 -0448 018 -1023 018.1008 ^ rn 0 018.1012 0 2 -0449 w 018.1008 Colfax Ave N� n o v ^ o p^j I N O 0 w 0 a 0 8 -0300 8.0316 Washington St 7 ^ N O � N A D 0 017003 6 -0178 LEGAL DESCRIPTION: ,rA VI _Z Q 018.3006 N m 0 M Filed In Office U. T—d 2014 -- ..•,� % eatrao, Ik The alley to be vacated is the first East/West alley South of Colfax Avenue from the East right of way of line of LaFayette Blvd. to the first North /South alley for a distance of 165 feet and a. width of 10 feet. Being a part of Knoblock's Subdivision and a Part of the Original Plat of South Bend, City of South Bend, Portage Township, St. Joseph County, Indiana. 0 M PARCELID PARCELSTAT NAME _1 MAILINGADD MAILINGCIT 018- 1008 -0317 71 -08 -12 -110- COYNE MARY V 1428 H amilton Av MAILMAILINGZIF 017.000 -026 Cleveland INVESTMENTS OH 44114 LLC 018- 1012 -0475 71 -08 -12 -110- COLFAX PLACE ✓ c/o Holladay 012.000 -026 South Bend ASSOCIATES II Properties IN 46601 018 - 1008 -0330 71 -08 -12 -111- 002.000 -026 LP INDIANA LAND/ 108 N Main St Ste South Bend IN 018 -1012 -0476 71 -08 -12 -110- TRUST 108 -118 710 X VALLEY 46601 013.000 -026 ✓ PNC BANK % Chicago AMERICAN NATIONAL TAX IL 60601 BANK & TRUST SEARCH CO. % NATIONAL CITY CORP AM: DON 018 -1008 -0319 71- 08 -12- 110 - PATTON 4 113 -117 NORTH � Po Box 11545 019.000 -026 South Bend MAIN STREET IN 46634 O18- 1012 -0473 71 -08 -12 -110- LAND TRUST COLFAX PLACE c% Holladay South 004.000 -026 Bend ASSOCIATES II Properties IN 46601 018 -1008 -0315 71 -08 -12 -110- LP SIMERI LAURA L ✓24989 010.000 -026 Layton Road South Bend IN 46614 018 -1008 -0316 71 -08 -12 -110- CEOL MOR INC 126 S Scott St 011.000 -026 South Bend IN 46601 018 -1012- 045801 71 -08 -12 -109- 0 RECTOR 117 N Lafayette 008.000 -026 South Bend WARDENS AND IN 46601 VESTRYMEN OF ST JAMES 018 -1012 -0459 71 -08 -12 -109- -8" ST JAMES ✓ 111117N 009.000 -026 PROTESTANT South Bend Lafayette BI IN 46601 EPISCOPAL CHURCH 018 - 1008 -0321 71 -08 -12 -110- V TOWER AT ✓ 5.44 47th Ave 021.000 -026 Long Island City WASHINGTON - NY 11101 SQUARE LLC THE 018 -1008- 033003 71 -08 -12 -111- INDIANA LAND-, 108 N MAIN ST 004.000 -026 South Bend TRUST #11298 STE 711 IN 46601 018 - 1008 -0331 71 -08 -12 -111- 005.000 -026 INDIANA LAND ✓ 108 N Main Suite South Bend IN TRUST 108 /801 711 46601 018- 1012 -0472 71 -08 -12 -110- S M CHRISTE LLC4304 LeeperAve 003.000 -026 South Bend SEE TRANSFER IN 46617 NOTE 018- 1008 -0320 71 -08 -12 -110- -* 020.000 113 -117 NORTH Po Box 11545 South Bend -026 MAIN STREET IN 46634 LAND TRUST 018 -1012 -0477 71- 08- 12 -110- X VALLEY PNC BANK 014.000 -026 T Chicago AMERICAN NATIONAL TAX IL 60601 BANK & TRUST SEARCH CO %NATIONAL CITY CORP AM: DON 018 -1012- 047701 71 -08 -12 -110- V PATTON TOWER AT 544 47th Ave FL3 Long Island City 015.000 -026 WASHINGTON NY 11101 Page 1 of 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Tim Baker Holladay Corporation 227 S. Main Street South Bend, IN 46601 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 22, 2014 PHONE 574 /235 -9251 Fax 574/235 -9171 RE: Alley Vacation — The First East/West Alley South of Colfax Avenue from Lafayette Boulevard to the First North/South Alley (Preliminary Review) Dear Mr. Baker: The Board of Public Works, at its April 22, 2014, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. owners. You will need an executed Cross Access Agreement with all affected Proper Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office GARY A. GILOT DAviD P. Rm.os KATHRYN E. Roos PATRICK M. HENT14ORN BRIAN J. PgWLOWSKI a INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Corbitt Kerr ,Engineering DATE SENT: 4/2/2014 �ndre Price, Solid Waste itin Kain, Community Investment �Federico Rodriguez, Fire Department ohn Byorni, Area Plan Commission (Ibyorni(d) st- joseiAin.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office FROM: Phil Griffin, NIPSCO (pmgriffin@nisource com) (FYI Only) Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Holladay Corporation LOCATION: The First East/West Alley South of Colfax Avenue from Lafayette Boulevard to the First North South Alley DATE DUE: April 7,2014 FAX OR E -MAIL TO: 235 -9171 / Imartin southbendin gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation would /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date Dawn Pulliam From: Andre Price Sent: Wednesday, April 02, 201411:45 AM To: Dawn Pulliam Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation Dawn, this will not impact trash collection. Andre From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM To: Patrick C. Kerr; Andre Price; Jitin Kain; Federico Rodriguez; Eugene Eyster; joseph.jn.us; omariinin nisource.com Cc: Linda Martin Subject: Request for Recommendation - Alley Vacation - Holladay Corporation Please provide your recommendations. Cheryl Greene; jbyorni@co st- Dawn Pulliam From: Sent: To: Subject: Approved S.B.F.D Federico Rodriguez Wednesday, April 02, 2014 12:26 PM Dawn Pulliam RE: Request for Recommendation - Alley Vacation - Holladay Corporation Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigupsouthbendin eov From: Dawn Pulliam Sent: Wednesday, April 02, 2014 12:18 PM To: Federico Rodriguez Subject: RE: Request for Recommendation Tony Molnar said no he does not think so. Alley Vacation - Holladay Corporation From: Federico Rodriguez Sent: Wednesday, April 02, 2014 12:14 PM To: Dawn Pulliam; Patrick C. Kerr; Andre Price; Jitin Kain; Eugene Eyster; Cheryl Greene; lbyorni(dco sty1 A-m-gifft@nisource.com Cc: Linda Martin Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation Is this alley Columbus Court. Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu(a )southbendin eov From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM Dawn Pulliam From: Patrick C. Kerr Sent: Friday, April 04, 2014 10:39 AM To: Dawn Pulliam Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation No objections. It meets IC 36- 7 -3 -13 Criteria 1 -4. .or'u af. Patrick Corbitt Kerr, PhD, PE City Engineer a c (574) 235 -5931 r- i Lkerr(asouthbendin_R,, City of South Bend fO" 227 W. Jefferson Blvd. South Bend, IN 46601 From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM To: Patrick C. Kerr; Andre Price; Ytin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; byjoseoh in us; onrcriffin@nisourre.com ry orni aco st- Cc: Linda Martin Subject: Request for Recommendation - Alley Vacation - Holladay Corporation Please provide your recommendations. Uiil INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TD: Corbitt Kerr, Engineering DATE SENT: 4/212014 Andre Price, Solid Waste Jilin Kain, Community Investment Federico Rodriguez, Fire Department John Byorni, Area Plan Commission (jbyorni(a�co st- josegh in us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office FROM: Phil Griffin, NIPSCO (pmgriffin@nisource com) (FYI Only) Linda M. Martin, Clerk f e— SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Holladay Corporation LOCATION: The First East/West Alley South of Colfax Avenue from Lafayette Boulevard to the First North South Alley DATE DUE: April 7,2014 FAX OR E -MAIL TO: 235 -9171 / Imartin(& outhbendin gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7.3 -13 CRITERIA: 1. The vacation would /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: The preferred way to combine property is through the subdivision process. By Christa Hill, Planner Date 4/3/2014 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTIWEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT OF WAY LINE OF ELMER ST. TO THE FIRST NORTH /SOUTH ALLEY STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT OF WAY LINE OF ELMER ST. TO THE FIRST NORTH /SOUTH ALLEY hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: LOT # 018 - 2091 -3432 & 018 - 2091 -3433 & 018 - 2091 -3421 SECTION IV. The purpose of the vacation of the real property is to connect my properties together so that I can expand my parking area. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Coun4il s_� 7' :. n , <�_. Council ai; rx! an End ;y i u , Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2 at o'clock M. Mayor, City of South Bend, Indiana Filed p x'17: #'s 6iCe !n READING PUBLIC HEARIRG 3 rd READING J€DHN VdiCsilil NOT APPRO.VLi; CH ,cn Y CLERta 5t7Ui N SEND, IN REFERRB® ': m PASUD. Vassar Ave 018 - 2091 -3406 018 - 2091 -3413 018 - 2091 -3417 m N V M m N O O 018- 2031 -1014 O N M o � n e O � � N O Ol O O N ry O' (O e- o ° L;aea�ow�y V M m N 018- 2091 -3406 I I 018 - 2091 -3407 018 -2091 -3410 018- 2091 -3411 018- 2091 -3414 018 - 2091 -3418 g0 018- 2091 -3421 018 - 2091 -3422 129 89 r Yr 018 - 2091 -3424 1-878- 2091 -3433 W 018 - 2091 -3426 M V � N p N m ' N ° N N O m O ,p M M � Q M m p� 0 0 N N \ ° o riieci in mffice 8 2014 [ZC7 z ?D- e LEGAL DESCRIPTION i1-' j BEND IN The alley to he vacated in the first East/West alley North of Lincolnway West from the West right of way line of E11ner St to the first North/South alley for a distance of 129.9 feet and a width of 14 feet. Being a part of Mayr's Michigan Avenue Addition, City of South Bud, Port Township, St. Joseph County, Indiana. age n O m N O PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: 1' J) S/K3-oj�-T' 'au", f a'✓Ah nj- f I0.I J J')s- �UiveS' B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS �—tvh leAv�W' V✓�S� `l �(,L� LOT # of- t�tl -3 �s 3 t1 -3` 1-t _Z-oo —3`(3J Updated 6/22/12 5 CONTACT PERSON (S) NAME: Bettie Williams RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 2301 Lincoln Way West JOHN VOORDE, CITY CLERK South Bend, IN 46628 ROOM 455- COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574- 235 -9221 PHONE: 574 -288 -5891 Filed in „ „:;fi Office 2014 4'Y IN ti v a N r N t0 c0 a A O O co N <O (O v r M (O a r O O (o N fp t0 a A M CO v A O O m O M (O v (p t0 v N (p (O v O O m N (O (O v A M f0 v N <O t0 v N N f0 v (O t0 v tp t0 v O fp (O v fp (O e O (p (O v O r rn N {p (O v m d 5 r Z J Z Z J Z z J Z z Z J Z Z Z Z z Z Z z z V Z yam, C G C C C C C C N C C C C G •O Z« Y L VO i fn y L N Y O L O O O U O N Y N d «O O « O O C N0 N N q U) U n U m « O J L U d « 0 0 LO « 0 0 w O > L>O « O > L j O Nm N « O O m (4 lq Z (A co N y N LL N W O M a _ O h K ❑ CO n Q _ U N U) CL d N ° = ` o o ¢ N �O rN E m m f7 � u c N >> W U J x (.� Z S O S O W Q Z x J J N X X X> C Z m T r Z m Co m w O oD O W aMp O OMi W p 0' O OMi M V [NO O O O p J x J Q W O z z z O j d W y 0 O zz ?w Uz O O = ¢ y a❑ W 0 0� LLI 0 O ❑ m❑ (A ❑_ K m O J m Y .6 w W J p (A w w w m w w J a v a x w w Z�w � �� U J z Q Z F¢ pU z H' Z Q 7 0 Q— U m m LL W J J C CO J } o 2 o X o J'> W a a° YW3zz �a� W z (n x f) w N J I- W 2 z CO F F-- Q Q< Q K n m m r< m Y o Q U LL S2 LL a i~ p w pQ m»> a a J m m 3 _ ❑¢ 3 v ai a� J��LL� 3 3to o xp S�V O) O M 10 r M M f0 O O r O N N N N N M M M M M M M M M V V O Y Y V V V < O V V V at O sf a V< R V O th M M M M M M M M - M M - M M M - M - - - m M O Q rn rn rn m rn m m rn rn m m rn m rn m rn m m rn rn m m m O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 S W N N N N N N N N N N N N N N N N N N N N N N N ^A a of � cti ao w a O o O O O O O O O O O O O O O O O O O O O O O m a 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Ms. Bettie Jo Williams 2301 Lincoln Way West South Bend, IN 46628 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 9, 2014 NONE 574/ 235 -9251 FAx 574/235 -9171 RE: Alley Vacation —First East/West Alley North of Lincolnway West on Elmer (Preliminary Review) Dear Ms. Williams: The Board of Public Works, at its September 9, 2014, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of public right of way by the neighborhood in which it is located or to which it is contiguous. Area Plan also commented that should you plan to expand the parking to Lot 23 (across the alley), a Special Exception Use will be needed for Accessory Parking in the SF2 District. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. X=4aV cuul.nVt i mry Fnumar ar IJ /41 LJ, -YL,4 nrinr to DICI Ing up your radius may. You will need a radius map showing properties within 150' ofthe proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Y( Lin a M. Martin, Clerk mice c: Federico Rodriguez, Fire Department Tony Molnar, Engineering 1 104 ` Janice Talboom, City Clerk's Office J GARY A. GILOT DAVID P. RELOs KATHRYN E. Roos PATRICK M. HPNTHORN BRIAN J. PAWLOWSK1 unr i .. INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS FAX OR E -MAIL TO: 235 -9171 / Imartin(&southbendin aov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation would /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date ✓« ar �i2srnr— DATE SENT: 8/19/2014 TO: ✓elid�fi(aste Jitin Kain, Community Investment JFederico Rodriguez, Fire Department tarry Magliozzi; Area Plan Commission (ImagliozPco.st- ioseph.in.us or 235 -9813 fax) \/Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Bettie Jo Williams LOCATION: First E/W Alley North of Lincoln Way West on Elmer DATE DUE: August 19, 2014 FAX OR E -MAIL TO: 235 -9171 / Imartin(&southbendin aov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation would /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date Elizabeth Horvath From: Eugene Eyster Sent: Tuesday, August 19, 2014 2:39 PM To: Elizabeth Horvath; Andre Price; Atin Kain; Federico Rodriguez; Cheryl Greene; Imaglioz @co.st joseph.in.us; pmgriffin @nisource.com Subject: RE: Alley Vacation- Bettie Jo Williams The Police Department would give this a favorable recommendation. This alley portion has not been maintained in years. Lt. Eyster From: Elizabeth Horvath Sent: Tuesday, August 19, 2014 2:22 PM To: Andre Price; Jitin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; Imaglioz @co.st - joseph.in.us; pmgriffin@nisource.com Subject: Alley Vacation- Bettie Jo Williams Please provide your recommendations. LI'm �fOVVGiL� bepartment of Public Works Part -Time Secretary 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574- 235 -3168 lhorvath @southbendin.00v Elizabeth Horvath From: Federico Rodriguez Sent: Wednesday, August 20, 2014 1:05 PM To: Elizabeth Horvath Subject: RE: Alley Vacation- Bettie Jo Williams Favorable S.B.F.D. Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu@southbendin.gov From: Elizabeth Horvath Sent: Tuesday, August 19, 2014 2:22 PM To: Andre Price; Jitin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; Imaglioz @co.st - joseph.in.us; pmgriffin@nisource.com Subject: Alley Vacation- Bettie Jo Williams Please provide your recommendations. Deportment of Public Works Part -Time Secretary 227 W. Jefferson Blvd.,5uite 1316 South Bend, IN 46601 574- 235 -3168 IhorvnthCsouthbendin.00v u inn /� 'Fs INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 8/19/2014 TO: Andre Price, Solid Waste Jilin Kain, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Imaglioz co.st- ioseah.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Bettie Jo Williams LOCATION: First E/W Alley North of Lincoln Way West on Elmer DATE DUE: August 19, 2014 FAX OR E -MAIL TO: 235 -9171 / Imartin®southbendin.00v PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation weuW /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation watk/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation wou4d /would not hinder the public's access to a church, school or other public building or place. 4. The vacation -weatd /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: If the petitioner expands the parking to Lot 23 (across the alley), a Special Exception Use will be needed for Accessory Parking in the SF2 District. By Angela Smith, Planner Date 8/21/2014 Area Plan Commission Linda Martin From: Michael Bronstetter Sent: Monday, August 25, 2014 6:53 AM To: Linda Martin Cc: Elizabeth Horvath Subject: RE: Alley Vacation Linda, This alley vacation will not affect our refuse collection. I recommend this alley vacation. Thanks = "O1y Ly Mike Bronstetter a 'L Interim Division Director of Environmental r Services 3113 Riverside Dr. w South Bend, Indiana Phone: (574) 235-5795 m bro n ste Ccesouthbend i n.sov From: Linda Martin Sent: Friday, August 22, 201410:34 AM To: Michael Bronstetter Subject: FW: Alley Vacation Hi Mike — I've asked my secretary to replace Andre's name with yours on these. You will occasionally receive these requests. The Board of Works needs your feedback on whether this will affect trash pick -up, if the alley is closed. Just a short email back to Lizzy and me stating whether you give a favorable or not favorable recommendation and why if it is not favorable. Thank you. oc141*0 Linda Martin CO I& Executive Assistant and Director of Special Projects, E Clerk of the Boards r (574) 235 -9253 • ImartirkQsouthbendin.Rov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Linda Martin From: Jitin Kain Sent: Thursday, August 28, 2014 12:48 PM To: Linda Martin Cc: Elizabeth Horvath Subject: RE: Alley Vacation Linda, DO gives this one a favorable recommendation. I assume the owner owns the lot to the North because just vacating the alley will only give them about 5' or so which does not allow for a parking lot expansion. Thanks, Atin �y Jitin Kain Director, Planning Department of Community Investment (574) 235 -5835 ikainCdsouthbendin.eov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 ` ■ a From: Linda Martin Sent: Thursday, August 28, 2014 9:33 AM To: Jitin Kain Cc: Elizabeth Horvath Subject: FW: Alley Vacation Good morning Jitin — have you had a chance to review the attached? I would like to put it on the agenda but am waiting on your review. Thank you. Linda 4'oi rk Linda Martin �. 4..& Executive Assistant and Director S of Special Projects, Clerk of the Boards v (574) 235 -9253 • - lmartir*southbendin.eov '~s City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 E)� I � P� - S r-(` � ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA AVE, COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT REZONE TO ALLOW FOR AUTO REPAIR NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THE NORTH 62.5' OF LOT 77 & WEST 8.70F LOT 76 OF EUCLID PARK ADDITION be and the same is hereby established as CB Community Business District SECTION II. This ordinance shall be in fall force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. d LL a D Member of the Common Coun 0f try bid is 011<j/ to Ar1ft 8 t oPPa" for pubrIc and Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day .m. R 'NG cAC PUSUC I'iE „RUNG rd READING I,�OT APPR0qD RE"FERREQ PASSED, City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana Filed ire GP rWs Office CCTr - d 2014 JOHN VOOttDE CITY CLERK, SOUTH BEND, IN PETITION TO REZONE City ofSouth Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1430 Mishawaka 2) The property Tax Key Number(s) is /are: 18- 6024 -3703 3) Name and address of property owner(s) of the petition site: G Family Properties 51820 Deer Trail Granger, IN 46350 574- 208 -7369 Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E -Mail Address Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: LB Local Business District N/A To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Auto Repair 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Santos Rios 421 S 300 E LaPorte, IN 46350 orsignature of Attorney for all property owner(s): Filed in C r N14 JOHN VOORDE CITY CLERK, SOUTi4 UND, IN 300ft parcel Variance for #18- 6024 - 063703 018- 6021 -0524 71 -09 -18 -128- MCDONALD 1816 Bader Av South Bend IN 46617 013.000 -026 MARK & LORI 018- 6120 -4334 71 -09 -07 -382- BEIER MARY 1429 Mishawaka South Bend IN 46615 032.000 -026 Ave 018- 6021 -0522 71- 09 -18- 128 - WELKER 61472 Bremen Mishawaka IN 46544 011.000 -026 JEFFERY SCOTT Hwy 018 - 6120 -4315 71 -09 -07- 382 - KINGSBURY 1430 Chester South Bend IN 46615 015.000 -026 JOHN R AND TABITHA A 018- 6024 -0650 71 -09 -18 -129- GOUKER 919S South Bend IN 46615 017.000 -026 TRENT & Twyckenham KRISTI 018 - 6024 -0640 71 -09 -18 -129- PLETCHER 920 Clover St South Bend IN 46615 009.000 -026 DAVID W AND DIANE A 018- 6028 -0796 71 -09 -18 -201- ENYEART 918S South Bend IN 46615 010.000 -026 JERRY E II & Twyckenham Dr KELLY L 018- 6024 -0630 71 -09 -18 -128- DESHONE 919 Clover South Bend IN 46615 022.000 -026 BRITTANY 018- 6120 -4339 71 -09 -07 -382- EMRO 539 S Main St Findlay OH 45840 037.000 -026 MARKETING COMPANY 018 - 6120 -4338 71 -09 -07 -382- STANTE 53123 St Abbs Ct South Bend IN 46635 036.000 -026 DONALD D & JERRY L UND 1 /2INT & STANTE DARRON D & AMYLUND 1/2 INT AS TIC 018- 6024 -0649 71 -09 -18 -129- HARRIS 915S South Bend IN 46615 016.000 -026 TAVON AND Twyckenham CONTRESSE Drive GLASCO AS JT W /FROS NOT AS TIC 018- 6120 -4335 71 -09 -07 -382- CATANZARTTE 1433 Mishawaka South Bend IN 46615 033.000 -026 JASON A & Av NICOLE 018 - 6024 -0653 71 -09 -18- 129 - WILLAMOWSKI931 S South Bend IN 46615 020.000 -026 CURTIS L & Twyckenham Dr MELANIE A 018 -6028 -0794 71 -09 -18 -201- KAZMIERCZAK 910 S South Bend IN 46615 008.000 -026 JAMES A Twyckenham Dr 018- 6024 -0642 71 -09 -18- 129 - WIESEN 2043 South Bend South Bend IN 46637 011.000 -026 BLOSSOM AND Ave Ste 208 SHAUL 018- 6024 -0639 71 -09 -18 -129- BROSH 2043 South Bend South Bend IN 46637 008.000 -026 NACHSHON Ave Ste 208 018- 6024 -0629 71 -09 -18 -128- HAILEY LYNN 915 Clover St South Bend IN 46615 021.000 -026 ANNE 018- 6024 -0652 71 -09 -18 -129- BROCK MICAH 4100 Albion St Denver CO 80216 019.000 -026 DAVID #622 018 - 6120 -4314 71 -09 -07 -382- BLUE JEFFREY 1422 Chester St South Bend IN 46617 014.000 -026 A& MARGUERITE �18- 6024 -0643 71 -09 -18 -129- JIANG 938 Monarch Rochester IN 46975 012.000 -026 DONALD AND Lane EUGENE JTWFROS NOT AS TIC SEE TRANSFER NOTE 018- 6024 -0633 71 -09 -18 -128- STEVENS 2313 Cinema Dr Fuquay Varina NC 27526 025.000 -026 PATRICK L 018- 6024 -0632 71 -09 -18 -128- CECRLE 927 Clover St South Bend IN 46615 024.000 -026 STEVEN 018 - 6024 -0651 71- 09 -18- 129 - RAMIREZ 916 Oakland St South Bend IN 46615 018.000 -026 SANDRA AND CRUZ ANGIE RAMIREZ 018- 6024 -0641 71 -09 -18 -129- DONAT BRUCE 924 Clover South Bend IN 46615 010.000 -026 018- 6024 -0631 71 -09 -18 -128- FUNKE 923 Clover South Bend IN 46615 023.000 -026 LAWRENCE AND BELT ELIZABETH 018- 6021 -0523 71 -09 -18 -128- REED 924 Oakland South Bend IN 46615 012.000 -026 MICHAEL P JR 018 - 6028 -0795 71 -09 -18 -201- GALBAVY 914 South Bend IN 46615 009.000 -026 CONSTANCE M Twyckenham Dr & GLEN 018 - 6021 -0521 71 -09 -18 -128- SECRETARY OF 4400 Will Rogers Oklahoma City OK 73108 010.000 -026 HOUSING AND Pkwy Ste 300 URBAN DEVELOPMENT 018 - 6028 -0789 71 -09 -18 -201- NGUYEN 70200 Bolsa Ave Westminster CA 92683 001.000 -026 THIEN MINH #SP 23 018 - 6024 -0648 71 -09 -18 -129- HAMMOND 723 W Maumee Angola IN 46703 015.000 -026 BURKE E St C/O TOM WILSON P.iv^ 2 i 4 018 - 6024 -0638 71- 09- 18 -129- 007.000 -026 018- 6024 -0628 71- 09- 18 -128- 020.000 -026 018- 6021 -0520 71- 09- 18 -128- 009.000 -026 018 - 6021 - 052001 71- 09- 18 -128- 008.000 -026 018 - 6125 -4511 71- 09- 07 -453- 001.000 -026 018- 6024 - 063701 71- 09- 18 -129- 002.000 -026 018- 6024 -0646 71- 09- 18 -129- 005.000 -026 018- 6024 -0647 71- 09- 18 -129- 004.000 -026 018- 6024- 063702 71- 09- 18 -129- 003.000 -026 018- 6024 - 063703 71- 09- 18 -129- 001.000 -026 018 - 6024 -0627 71- 09- 18 -128- 007.000 -026 018 - 6024 -0626 71- 09- 18 -128- 006.000 -026 018 - 6021 -0514 71- 09- 18 -128- 005.000 -026 018 - 6021 -0515 71- 09- 18 -128- 004.000 -026 018 - 6021 -0516 71- 09- 18 -128- 003.000 -026 018 - 6120 -4337 71- 09- 07 -382- 035.000 -026 MERICA 912 914 Clover St South Bend MARJORIE & Way HOLM WEATHERS RENTALS LLC Way SUSAN LYNN 51955 Hinton Granger CONSTANCE S HOLM 50733 Tarrington Granger RENTALSLLC Way Lane SHAFFER 51955 Hinton Granger CONSTANCE S Lane PRAGMATIC 1402 Mishawaka South Bend PROPERTIES Ave LLC SOUTH BEND 215 SOUTH ST South Bend COMMUNTIY JOSEPH ST SCHOOL CORP 2000 SCHOOL BUILDING CORPORATION MATTHEWS 910 Clover South Bend PAUL ROGGE 2880 Yankee St Niles JEANNE ROGGE 2880 Yankee St Niles JEANNE ZIMMER JACK 1062 Oak Forest Onalaska EDWARD REV Drive Ste 140 TRUSTJACK EDWARD ZIMMER TRUSTEE G FAMILY 1104 Mishawaka South Bend PROPERTIES Ave SEE TRANSFER NOTE HOLM 50733 Tarrington Granger RENTALS LLC Way HOLM 50733 Tarrington Granger RENTALS LLC Way SHAFFER 51955 Hinton Granger CONSTANCE S Lane SHAFFER 51955 Hinton Granger CONSTANCE S Lane PRAGMATIC 1402 Mishawaka South Bend PROPERTIES Ave LLC STANTE 1441 Mishawaka South_Bend. IN 46615 IN 46530 IN 46530 IN 46615 IN 46601 IN 46615 MI 49120 MI 49120 WI 54650 IN 46615 IN 46530 IN 46530 IN 46530 IN 46530 IN 46615 DONALD D & Ave Piled in. C. c-rk's 0fflce JERRY L AN UND (1/2) INT u^r t 2014 ,lOFIN uC��7`10E CITY CLERK, SOUTH SEND, IN I'ap, -I of I & STANTE DARRON D & AMY AN UND (1/2) INT AS TIC BETWEEN THE RESPECTIVE UND INT 018 - 6120 -4336 71 -09 -07 -382- THOMPSON 1437 Mishawaka South Bend IN 46615 034.000 -026 TINA A Ave 018 - 6120 -4331 71 -09 -07 -382- BURNS 1417 Mishawaka South Bend IN 46615 029.000 -026 GERALDINE A Ave 018- 6120 -4329 71 -09 -07 -382- WEIR MICHELE 1506 E Evergreen Wheaton IL 60187 028.000 -026 St 018- 61204319 71 -09 -07 -382- KIRK JOHN W 833S. South Bend IN 46615 019.000 -026 & KATHLEEN A Twyckenham 018 - 6120 -4318 71 -09 -07 -382- SEILHEIMER 111 Marrakech Bellaire TX 77401 018.000 -026 DAN KEITH & Court REID BARBARA SUE 018- 6120 -4317 71 -09 -07 -382- CRAIG 1438 Chester St South Bend IN 46615 017.000 -026 RODNEY L & KRISTINA R CRAIG 018 - 6120 -4316 71 -09 -07 -382- BEMENDERFER 1434 Chester St South Bend IN 46615 016.000 -026 MARK & LAUREN 018 - 6120 -4313 71 -09 -07 -382- BLUE JEFFREY 1422 Chester St South Bend IN 46617 013.000 -026 A & MARGUERITE 018- 6120 -4333 71 -09 -07 -382- PAIZ LOUIS 31 W Woodsage Westfield IN 46074 031.000 -026 Court 018- 61204332 71 -09 -07 -382- GODDEN PO Box 165 South Bend IN 46624 030.000 -026 MELANIE T 018 - 6120 -4312 71 -09 -07 -382- TROEGER 1418 Chester South Bend IN 46615 012.000 -026 CASSIDY I'ap, -I of I Mf |// � § \\ )/; \Z !w ;!! / \R § /a % \\ `�` 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 3226 E. Jefferson Boulevard South Bend, Indiana 46615 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 -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: 3226 E. Jefferson Boulevard South Bend, Indiana 46615 in order to permit Operate a child care facility without residing at the facility which is in a SF1 Zoned 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: L 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. i::: p: oLc -3- 0a"- ( M— - Member of the Common Council Sing of this bM is o* to WvWO 81 01pppla(pjy fa pubrrw heava W4 Coutd awm on 0 -. 61 ° i 201 CITY CIE • FK SOUTH BEND, IN September 3, 2014 Area Board of Zoning Appeals 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Re: Special Exception/Use Petition Prentiss Jones Jr. and Ellen C Haron -Jones 52090 Brendon Hills Drive Granger, Indiana 46530 574 273 -6578; prenjj@gmail.com; ecjones98 @comcast.net Ladies and Gentlemen of the Area Board of Zoning Appeals: We are requesting variances for our property located at 3226 East Jefferson Boulevard, South Bend, IN 46615 in Portage Township (legal description: 75 feet East and West by 275 feet North and South beginning at point 1279.4 feet West of the Northeast comer on Jefferson West of Logan). The property is zoned "SF I" and contains a single - family home with an attached garage. To comply with the letter and spirit of St Joseph County Ordinance: 9495 -04 section 21- 02.01, we are requesting a special exception variance to operate a child care facility at said property without residing at the property. We are also requesting variances: from the required perimeter landscaping to no additional landscaping: from the required 20' side yard setback for a non residential use to 4.7' for the existing structure; and from the required five (5) parking spaces to four (4). Pursuant to Indiana Code 36 -7 -4- 918.5: The approval of this variance will not be injurious to the public health safety, morals and general welfare of the community for the following reasons: • The facility will have limited use and will not burden the existing infrastructure (e.g., public water, public sanitary sewer, storm sewer, traffic flow /pattem) • The primary child care provider and co -owner (Ellen C Haron- Jones) is a certified Child Development Associate through the National Credentialing Program and is certified in CPR and AED through the American Heart Association. Ellen is familiar with the health and safety requirements necessary for operating a child care facility. • Child care will be provided for a maximum of twelve children at any one time. • The normal hours of operation will be during the typical workday (i.e., 7:00 AM to 6:30 PM, Monday through Friday). • Six core ethical values: trustworthiness, respect, responsibility, fairness, caring and citizenship will set the moral environment for the child care facility.+ Area Board of Zoning Appeals August 31, 2014 Page 2 • The garage, driveway, and two - vehicle parking pad on the property provides adequate parking for staff and dropping off and picking up children. The approval of this variance will not affect in a substantially adverse manner the use and value of the area adiacent to the property included in the variance for the following reasons: • We are not proposing any external changes to the property to accommodate the child care facility. • Other than play equipment in the backyard, there will be no exterior appearance or signs which show that a child care facility is being operated on the property. • The intended use is compatible with the current mixture of Office Buffer, SFl and SF2 properties in the neighborhood. • The proposed use is in harmony with the general purposes and intent of St Joseph County Ordinance: 9495 -04 section 21- 02.01. Strict adherence to the zoning ordinance will result in practical difficulties in the use of the ropert y for the following reasons: • Strict adherence to the zoning ordinance would deprive the petitioners of privileges enjoyed by child care facility owners of similarly zoned properties in the neighboring area. • Strict adherence to the zoning ordinance would limit access to early learning opportunities in a community where such services are greatly needed. • The practical difficulties that would be created without the variance could not be alleviated by some other feasible alternative. In conclusion, we are not proposing any changes to the structural appearance of the property. Adequate parking is available and the existing public services will not be significantly affected. If our requests for the variances are granted, it would not adversely affect the character, livability, or development of properties or the surrounding area, nor would it be detrimental to the public welfare or contrary to adopted plans or development policies. In fact, we believe a favorable response to our petition will result in a child care facility that will benefit the community at large by providing an environment where a child's emotional, physical, and cognitive needs can be met in a family friendly environment. Thanks in advance for your fair assessment of our request. Sincerely, Prentiss Jones Jr. and Date: 69- 03 -1(1 I 4LU), Ellen C Haron -Jones Date% D, /ID -3 /i 4 d1 �b E R 9 6 �A a 'a I I I f II{ I al� I 71 I I I. 3]NDSIRFEi gg� �91 A gpgp $p r�s � 4 leg -1 � � g S.lOG,W SIRff1 11,11 - €€s ggjQj @@�aq 18gil jq &q45 g E $`gggggg S4J€g$ 3 €a "if HIM it g��R yR R9R• xxg $ ,� R¢ R I 33RDSIREEt 9 Ia i a �4 gill, FN.10°ANA 9 d 0 _ b 0 �Fm � Z eea �GN � � x vxemu n ma b _ 'Ili ABONMARCHE o oA u - v• li �- g I glf v PLAT OF SURVEY si I€ IQ f ..A g I 3226 E. JEFFERSON BLVD T�. D @ ppp•bba_ I I I I o s q {� p gt A RF£ 351N3.R8:, a 12 2 gpgp $p r�s � 4 leg -1 � � g S.lOG,W SIRff1 11,11 - €€s ggjQj @@�aq 18gil jq &q45 g E $`gggggg S4J€g$ 3 €a "if HIM it g��R yR R9R• xxg $ ,� R¢ R I 33RDSIREEt 9 Ia i a �4 gill, FN.10°ANA 9 d 0 _ b 0 �Fm � Z eea �GN � � x vxemu n ma b _ 'Ili ABONMARCHE o oA u - v• li �- g PLAT OF SURVEY w PRENTISS JONES, JR. ..A g 3226 E. JEFFERSON BLVD 52090 BRENDON HILLS DR NGRn 0.1' 011 NOFiNFAY P.O.B PARCEL 1 t U 14 1.5 CURS I Gum NORTH i�� JEFFERSON BOULEVARD 82.5' RIGHT -Or -WAY -45'ASPHALT PAVEMENT AVEMENT 78.82- (M) soum R/w FIP 1'W 75.00'(R) 0.81 'NORTH 80' (Ri .2z Nlc�., TOP BENT 7 BEILOrV NORTH WBELOW i GRADE 0.7 0 .3• 15 O < 4.7 < U PARCEL 1 0 AMERICAN NATIONAL RED PRENTISS JONES JR. 3, CROSS ;q 0 NSTRUMENT NO. 31373 m ELLEN C HARON�JONES INSTR#1402466 ZO 0T.4A AREA- L CRESS N N ZO 107T3A RE 0.3' P.O.B PARCEL II 75 S,89-52-51-W (m) I MP 79.86- (IM) PARCEL 11 PREMISS JONES JR. ELLEN C HARON-JONES Fl, b .8 ze f PARCELIU PARCELSTAT NAME-1 MAILINGADD MAILINGCIT MAILMAILINGZIF 018- 6080 - 281403 71 -09 -08 -405- DANGELO 420 S 32nd Street South Bend IN 46615 005.000 -026 MICHAEL P & BARBARA E 018 -6128- 452814 71 -09 -08 -427- REAGAN FAMILY 3332 E Jefferson Sq South Bend IN 46615 014.000 -026 TRUST AND REAGAN THOMASJAS TRUSTEE 018- 6128 - 452806 71 -09 -08 -427- SMITH NANCY A 3321 E Jefferson Sq South Bend IN 46615 030.000 -026 018- 6095 -3381 71 -09 -08 -430- BOURTHOUMIEU 10425 Vistula Osceola IN 46561 018.000 -026 JOHN 018.6095 -3364 71 -09 -08 -430- STANFORD 502 33RD Street South Bend IN 46615 001.000 -026 LINDA J 018- 6094 -3347 71 -09 -08 -409- MILLER RONALD 2521 Mishawaka South Bend IN 46615 018.000 -026 L & ELIZABETH Avenue A 018- 6128 - 452803 71- 09 -08- 427 - EHRET MARILYN 3302 E Jefferson Sq South Bend IN 46615 002.000 -026 1 018- 6128. 452821 71 -09 -08 -427- FRITZ DIANE 3408 E Jefferson Sq South Bend IN 46615 018.000 -026 ELAINE, 018.6128- 452811 71 -09 -08 -427- MCMEEL 3312 E Jefferson Sq South Bend IN 46615 006.000 -026 KATHLEEN 018 -6128- 452824 71 -09 -08 -427- SAHUT 3417 E Jefferson South Bend IN 46615 022.000 -026 BARBARA M 018- 6080 - 281405 71 -09.08 -405- JUITAS KELLY A 342 Flatland Pass New Braunfels TX 78130 007.000 -026 018- 6128 - 452819 71 -09 -08 -427- REINKE PAMELA 1512 Belmont Ave South Bend IN 46615 016.000 -026 A SEE TRANSFER NOTE 018- 6128- 452808 71 -09 -08 -427- RICKHOFF 3319 E Jefferson Sq South Bend IN 46615 032.000 -026 MILLICENT 018- 6128 -4528 71 -09 -08 -427- CARL RONALD B 3404 E Jefferson Sq South Bend IN 46615 015.000 -026 018 -6128- 452807 71 -09 -08 -427- LEE VIVIAN A 3317 Jefferson Sq South Bend IN 46615 031.000 -026 REVOCABLE TRUST AND AS TRUSTEE AND AS LIFE ESTATE 018 - 6128 - 452813 71 -09 -08 -427- FRIEDMAN VICKI 3334 E Jeffeson Sq South Bend IN 46615 013.000 -026 L 018- 6128 - 452831 71 -09 -08 -427- NOWICKI 3325 E Jefferson Sq South Bend IN 46615 029.000 -026 STANLEY M SEE TRANSFER NOTE 018 -6128- 452816 71 -09 -08 -427- BOTOS LARAINE 3330 E Jefferson Sq South Bend IN 46615 012.000 -026 M 018- 6128 - 452830 71 -09 -08 -427- RONNOW 3327 Jefferson Sq South Bend IN 46615 028.000 -026 DANIALLE J 018- 6128 - 452815 71.09 -08 -427- MCCLARAN 3328 E Jefferson Sq South Bend IN 46615 011.000 -026 HARRY III & SUSAN K Page 1 of 3 PARCELID PARCELSTAT 018 -6128- 452829 71- 09- 08 -427- 027.000 -026 018 -5145 -5400 71- 09- 08 -280- 006.000 -026 018 -5145 -5401 71- 09- 08 -280- 003.000 -026 018- 6128 - 452817 71- 09- 08 -427- 010.000 -026 018 -6128- 452828 71- 09- 08.427- 026.000 -026 018 -6128- 452809 71- 09- 08 -427- 009.000 -026 018- 6128- 452827 71- 09- 08 -427- 025.000 -026 018 -6128- 452805 71- 09- 08 -427- 008.000 -026 018- 6128 - 452826 71- 09- 08 -427- 024.000 -026 018 -6128- 452812 71.09- 08 -427- 007.000 -026 018 -6128- 452825 71- 09- 08 -427- 023.000 -026 018 -6080- 281407 71- 09- 08.405- 006.000.026 018- 6128 - 452810 71- 09- 08 -427- 005.000 -026 018- 6128 - 452818 71- 09- 08 -427- 021.000 -026 018- 6128 - 452802 71- 09- 08 -427- 004.000 -026 018 -6128- 452823 71.09- 08 -427- 020.000 -026 018- 6128- 452804 71- 09.08 -427- 003.000 -026 018 -6128- 452822 71- 09- 08 -427- 019.000 -026 018- 6128. 452801 71- 09- 08 -427- 001.000 -026 018 -6128- 452820 71- 09- 08 -427- NAME _1 MAILINGADD MAILINGCIT MARSH JENNY Slat 3 25 Friend London, England ILANA Street ECIV7NS JONES ROBERT H 319 S 34th St South Bend SANCHEZ 320 S 33rd St South Bend ERNEST TAYLOR MARY C 3318 E Jefferson Sq South Bend KAZMIERCZAK 3403 E Jefferson South Bend GERALD A & Square L JOAN M REV SWEENEY TRUST GERALD South Bend KATHLEEN A KAZMIERCZAK 3414 E Jefferson South Bend RED CROSS AKA GERALD A South Bend AMERICAN KAZMIERCZAK NATIONAL AS TRUSTEE MAURE SMITH DONALD KIZER REBECCA 3322 Jefferson South Bend A Square QTIP TRUST SYKES DAVID W 59921 Valley View Osceola Tr & ADAM H CO SCHO7T JOSEPH 3320 E Jefferson Sq South Bend C & EDITH M DEARDORFF 4277 Brywood Dr Naples JULIE MARIE & DARNELL JUDITH P JT W /ROS TRANS DATE 9 -4 -08 SHENEMAN 3316 E Jefferson South Bend LARRY I) & ROSE Square FILLINICH L STEVEN F SWEENEY 3415 E Jefferson Sq South Bend KATHLEEN A DUNBAR 3414 E Jefferson South Bend RED CROSS 3220 E Jefferson BI South Bend AMERICAN & PAULINE I NATIONAL MAURE SMITH DONALD 10333 N Meridian Indianapolis E NON EXEMPT ST Ste 250 QTIP TRUST SMITH NANCY M & ADAM H CO TRUSTEES SAWYER JAMES 1 3411 E Jefferson Sq South Bend RAMENDA, 3314 E. Jefferson South Benc PAMELA J. Square FILLINICH 3416 E Jefferson Sq South Bend STEVEN F DERRINGER 3304 E Jefferson South Bend GREGORY S Square DUNBAR 3414 E Jefferson South Bend ROBERT E SR Square LEWIS ROBERT F 3306 E Jefferson Sq South Bend & PAULINE I LEWIS MAURE 3406 E Jefferson Sq South Bend Page 2 of 3 MAILMAILINGZIF ECIV7N IN 46615 IN 46615 IN 46615 IN 46615 IN 46615 IN 46561 IN 46615 Fl, 34119 IN 46615 IN 46615 IN 46617 IN 46290 IN 46615 IN 46615 IN 46615 IN 46615 IN 46615 IN 46615 IN 46615 Page 3 of 3 PARCELID PARCELSTAT NAME _1 MAILINGADD MAILINGCIT MAILMAILINGZIF 017.000 -026 LORETTA 018- 6080 - 281408 71 -09 -08 -405- MAKASI 3210 E South Bend IN 46615 004.000 -026 MILDRED JEFFERSON 018- 6080 -2814 71 -09 -08 -405- AMERICAN NATL 3220 E Jefferson BI South Bend IN 46615 003.000 -026 RED CROSS 018- 6080 - 281404 71- 09- 08.405- MAKASI 3210 E South Bend IN 46615 002.000 -026 MILDRED JEFFERSON 018 -6080- 281406 71 -09 -08 -426- JONES PRENTISS 52090 Brenton Hills Granger IN 46530 001.000 -026 JR AND ELLEN C Dr HARON 018- 6080 - 281401 71 -09 -08 -426- GADIA 3306E Jefferson . South Bend IN 46615 002.000 -026 EDUARDO F & Blvd DINIA R 018- 6128 -4527 71 -09 -08 -426- LIBY THOMAS A 1120 Lancaster Bluffton IN 46714 003.000 -026 Street 018- 6128 -4526 71 -09 -08 -426- STEENBEKE 3328 E Jefferson South Bend IN 46615 004.000 -026 SUSAN M 018- 6128 -4525 71 -09 -08 -426- SHAFFER 3402 E Jefferson South Bend IN 46615 005.000 -026 MARTHA L Blvd 018.6080- 281402 71 -09 -08 -405- PRENKERT 3204 Jefferson South Bend IN 46615 001.000 -026 JAMES & CLAUDIA 018- 6128 -9999 018 -5145 -5368 71.09 -08 -280- WROBEL 327 S 34th St South Bend IN 46615 010.000 -026 EDWARD AND CLEMENTINE 018 -5145 -5367 71 -09 -08 -280- HOWARD 13ETTY 3315 E Jefferson South Bend IN 46615 009.000 -026 M & KIMBERLY Blvd K TOMLINSON SEE MISC 018 -5145 -5366 71 -09 -08 -280- GENZARDI 6700 Henri Montreal QC H4R0G2 008.000 -026 FREDERICK Bourassa BI West 018 -5145 -5365 71 -09 -08 -280- DUDLEY 3303 E Jefferson South Bend IN 46615 007.000 -026 CAROLYN D 018 -5064- 225003 71 -09 -08 -251- PARK JEFFERSON ZIDAN MGMT Indianapolis IN 46250 001.000.026 REALTY LLC GROUP ATTN:RAED ZIDAN Page 3 of 3 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 October 2, 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 Prentiss Jones Jr. & Ellen Haron -Jones ABZA 9/3/14 Dear Council Members: The above referenced petition of Prentiss Jones Jr. and Ellen Hamn Jones was legally advertised on September 18, 2014. The Area Board ofZoning Appeals gave it a public hearing on October 1, 2014 at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Urbanski and by a 7 -0 vote, the petition for Special Exception to allow a day care facility in a "SFI" District, on property located at 3226 E. Jefferson Blvd., is sent to the Common Council with a Favorable Recommendation with the fallowing conditions: a 20' wide driveway or approval of a loop driveway from City Engineering; trim shrubs to 3; and removal of tree in the tree lawn. 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. Since��� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION VARIANCE PURSUANT TO I.C. 36 -7 -4 -918 JONES & HARON -JONES AREA BOARD OF ZONING APPEALS FINDING OF FACTS 1. THE GRANTING OF THE VARIANCE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY 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 USE OR VALUE OF THE AREA ADJACENT TO THE SUBJECT PROPERTY WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL CONSTITUTE AN UNUSUAL AND UNNECESSARY HARDSHIP IF APPLIED TO THE SUBJECT PROPERTY FOR WHICH THE VARIANCE IS SOUGHT BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. CONDITIONS OR REVISIONS: REMOVAL OF THE PARKING VARIANCE & SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED DECISION 0 IT IS THEREFORE the decision of this Board that this VARiNCE PETITION is GRANTED, subject to any conditions stated in the Minutes (which conditions are incorporated herein by reference and made part of this decision). ADOPTED this 1sT Day of OCTOBER, 2014, YES NO MICHAEL URBANSKI RANDALL MATTHYS ROBERT HAWLEY GERALD PHIPPS JACK YOUNG JOE VELLEMAN 0 BRENDAN CRUMLISH