HomeMy WebLinkAbout10-12-15 Agenda, Packet & Committee Meeting Notice 1st,t 4SOU TH Bcia s
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OFFICE OF THE CITY CLERK
JOHN VOORDE,CITY CLERK •
October 8, 2015
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for Monday, October
12. 2015 at the Council Informal Meeting Room,4th Floor County-City Building,227 W.
Jefferson Blvd., South Bend, Indiana:
3:15 P.M. PUBLIC WORKS& PROPERTY
VACATION VALERIE SCHEY, CHAIRPERSON
1. Bill No. 61-15—Street Vacation—Less than Full Width Portion of South
Main Street Lying Adjacent to 4418 S. Main Street
2. Bill No. 62-15—Street Vacation—Full Width Portion of Old South Main St.
that Lies Between Lafayette Blvd and S. Main St.
3:30 P.M. PERSONNEL& FINANCE KAREN WHITE, CHAIRPERSON
1. Bill No. 44-15—2016 Transpo Budget
2. Bill No. 54-15— Re-Affirming Ordinance No. 10332-14 Annual Pay for Sworn
Members of the South Bend Police Department for 2016
3. Bill No. 55-15—Re-Affirming Ordinance No. 10333-14 Annual pay for Sworn
Firefighters for 2016
4. Bill No. 56-15—Set the Annual Pay for the South Bend Common Council
Members for 2016
5. Bill No. 57-15—Annual Salary for the South Bend City Clerk for 2016
6. Bill No. 58-15—Annual Salary for the Mayor for 2016
7. Bill No. 59-15—Re-Affirming Ordinance no. 10328-14 fixing the Maximum
Wages of Teamsters Employees for 2016
8. Bill No. 60-15—Fixing Maximum Salaries of appointed Officers and Non-
Bargaining Employees for 2016
9. Bill No. 41-15—2016 Budget Tax Levy
10. Bill No. 42-15—2016 Budget Civil City Appropriations
11. Bill No. 43-15—2016 Budget Enterprise Fund Appropriations
4:45 P.M. HEALTH &PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON
1. Bill No. 63-15—Repeal Article 7 entitled Noise Control of Chapter 13
Addressing Schedule of Ordinance and Code Violations
455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601
Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendlN.gov
KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
5:00 P.M. UTILITIES DAVID VARNER, CHAIRPERSON
1. Bill No. 40-15—Amend Chapter 17—Addressing Drain and Downspouts
Disconnection Requirements
5:15 P.M. HEALTH &PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON
COMMUNITY RELATIONS KAREN L.WHITE, CHAIRPERSON
1. Bill No. 19-15—Calling for the Establishment of a South Bend Municipal ID
Card Program
Council President Tim Scott has called an Informal Meeting of the Council which will
commence immediately after the adjournment of the joint Health &Public Safety and
Community Relations Committees.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor Pete Buttigieg
Committee Meeting List
News Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
AGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, OCTOBER 12, 2015 7 : 00 P.M.
1 . INVOCATION
2 . PLEDGE TO THE FLAG
3 . ROLL CALL
4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES
5 . SPECIAL BUSINESS
15-93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY HONORING, COMMENDING
AND THANKING ANGEL HERNANDEZ FOR HIS MORE THAN 35
YEARS OF DEDICATION AND EXCELLENCE IN THE
BROADCASTING AND VIDEO PRODUCTION FIELDS
6 . REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
61-15 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: A LESS THAN FULL WIDTH PORTION
OF SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD)
THAT LIES ADJACENT TO PROPERTY OWNED BY GATES AND
GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET
(FORMERLY LAFAYETTE BOULEVARD)
62-15 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: A FULL WIDTH PORTION OF OLD
SOUTH MAIN STREET (FORMALLY SOUTH MAIN STREET) THAT
LIES BETWEEN LAFAYETTE BOULEVARD AND SOUTH MAIN
STREET, ADJACENT TO PROPERTY OWNED BY CITY OF SOUTH
BEND BOARD OF PUBLIC WORKS, LOCATED AT 4201-4219
SOUTH MAIN STREET
54-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10332-14 AND FIXING THE ANNUAL PAY
AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF
THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR
2016
55-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10333-14 AND FIXING THE ANNUAL PAY
AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF
THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR
2016
56-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR
YEAR 2016
57-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR
YEAR 2016
58-15 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 2016
59-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, RE-AFFIRMING ORDINANCE NO.
10328-14 FIXING THE MAXIMUM WAGES OF TEAMSTER
EMPLOYEES FOR CALENDAR YEARS 2014, 2015, AND 2016
60-15 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 2016
40-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING
DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS
63-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, REPEALING IN ITS
ENTIRELY ARTICLE 7 ENTITLED NOISE CONTROL OF
CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE AND
AMENDING SECTION 2-213 ADDRESSING SCHEDULE OF
ORDINANCE AND CODE VIOLATIONS
19-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE
ESTABLISHMENT OF A SOUTH BEND MUNICIPAL ID CARD
PROGRAM
BILLS 44-15, 41-15, 42-15 & 43 -15 COUNCIL PORTION
ONLY FOR PUBLIC HEARING
44-15 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 CORPORATIONS' 2016 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,
2016
41-15 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, 2016
42-15 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, 2016 AND ENDING DECEMBER 31, 2016 INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A
TIME WHEN THE SAME SHALL TAKE EFFECT
43-15 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, 2016 AND ENDING DECEMBER 31, 2016
INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS
AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
8 . BILLS, THIRD READING TIME:
BILL NO.
34-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,
INDIANA, AND AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS
THEREWITH; COUNCILMANIC DISTRICT #6, FOR 23530 S.R.
#2, 56575, 56589, 56605 MAYFLOWER ROAD, 23562,
23580 HURON STREET AND 56546, 56576, 56586, 56660
HOLLYWOOD BOULEVARD, SOUTH BEND, INDIANA
61-15 THIRD READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: A LESS THAN FULL WIDTH PORTION
OF SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD)
THAT LIES ADJACENT TO PROPERTY OWNED BY GATES AND
GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET
(FORMERLY LAFAYETTE BOULEVARD)
62-15 THIRD READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: A FULL WIDTH PORTION OF OLD
SOUTH MAIN STREET (FORMALLY SOUTH MAIN STREET) THAT
LIES BETWEEN LAFAYETTE BOULEVARD AND SOUTH MAIN
STREET, ADJACENT TO PROPERTY OWNED BY CITY OF SOUTH
BEND BOARD OF PUBLIC WORKS, LOCATED AT 4201-4219
SOUTH MAIN STREET
54-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10332-14 AND FIXING THE ANNUAL PAY
AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF
THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR
2016
55-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10333-14 AND FIXING THE ANNUAL PAY
AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF
THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR
2016
56-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR
YEAR 2016
57-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR
YEAR 2016
58-15 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 2016
59-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, RE-AFFIRMING ORDINANCE NO.
10328-14 FIXING THE MAXIMUM WAGES OF TEAMSTER
EMPLOYEES FOR CALENDAR YEARS 2014, 2015, AND 2016
60-15 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 2016
40-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING
DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS
63-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, REPEALING IN ITS
ENTIRELY ARTICLE 7 ENTITLED NOISE CONTROL OF
CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE AND
AMENDING SECTION 2-213 ADDRESSING SCHEDULE OF
ORDINANCE AND CODE VIOLATIONS
19-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE
ESTABLISHMENT OF A SOUTH BEND MUNICIPAL ID CARD
PROGRAM
44-15 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 CORPORATIONS' 2016 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,
2016
41-15 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, 2016
42-15 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, 2016 AND ENDING DECEMBER 31, 2016 INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A
TIME WHEN THE SAME SHALL TAKE EFFECT
43-15 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, 2016 AND ENDING DECEMBER 31, 2016
INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS
AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
9 . RESOLUTIONS
BILL NO.
10 . BILLS, FIRST READING
BILL NO.
65-15 FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1637 AND 1641
PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN
THE CITY OF SOUTH BEND, INDIANA
66-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A
RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION AND ESTABLISHING AN ECONOMIC
DEVELOPMENT TARGET AREA, FORMER CHASE TOWER AND
ADJACENT PARKING LOT
67-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS OF CHAPTER 6, ARTICLES 1, 2, 4 , 6, 7 AND 11
OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING
MINIMUM PERMIT FEES AND SERVICE CHARGES OF THE
BUILDING DEPARTMENT
68-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
CHAPTERS 6, 17, AND 18 OF THE SOUTH BEND
MUNICIPAL CODE TO INCLUDE NEW RULES, REGULATIONS,
AND SERVICE CHARGES FOR VARIOUS PERMITS AND
REVIEWS IN CONNECTION WITH STORMWATER CONTROL AND
CONSTRUCTION IN THE RIGHT-OF-WAY
69-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
21, ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO
INCLUDE NEW SERVICE CHARGES IN CONNECTION WITH
THE DEVELOPMENT PLAN APPLICATION PROCESS
11 . UNFINISHED BUSINESS
A. RESET BILLS 25-15 AND 26-15 TO NOVEMBER 9, 2015
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.
In the interest of providing greater public access and to promote greater transparency,
the South Bend Common Council agenda has been translated into Spanish. All
agendas are available online from the Council's website, and also in paper format in the
Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been
taken to provide an accurate translation of the text of the agenda, however, the official
text is the English version. Any discrepancies which may be created in the translation,
are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the
City of South Bend, Indiana.
(&- A ):7c) , kA
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A
LESS THAN FULL WIDTH PORTION OF SOUTH MAIN STREET (FORMERLY
LAFAYETTE BOULEVARD) THAT LIES ADJACENT TO PROPERTY OWNED BY
GATES AND GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET
(FORMERLY LAFAYETTE BOULEVARD)
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:
A portion of the right-of-way of South Main Street(formerly Lafayette Boulevard), as depicted on
the Ireland Road Major Subdivision, recorded as instrument number 0828548 in the Office of
Recorder of St. Joseph County, Indiana, being more particularly described as follows:
Beginning at a point on the east right-of-way line South Main Street, said point also being the
northwest corner of Lot 1 of Ireland Road Major Subdivision;thence South 01°05'07"West,along
said east right-of-way line and west line of Lot 1, 118.56 feet;thence South 16°16'34"West,along
said east right-of way line and west line of Lot 1, 115.54 feet to a point that lies 40.00 feet east of
the design alignment for South Main street (Line "D") as shown in City of South Bend Project
Number 110-058B construction plans and established by Location Control Route Survey Plat
recorded as document number 1134039 in the Office of Recorder of St. Joseph County, Indiana;
thence North 02°47'24"East,along a 40 foot offset of Line`D', 217.78 feet;thence Northwesterly
11.52 feet along a 40 foot offset of Line `D' being a tangent curve to the right having a radius of
560.00 feet and subtended by a long chord having a bearing of North 03°22'46" east and a length
of 11.52 feet to a point of the north line of Lot 1 extended; thence North 88°58'38" East, 23.35
feet to the point of beginning and containing 4,479 square feet,more or less.
hereby determines that it is desirable to vacate said properties.
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:
Tax Key Number 023-1025-1369
Tax Key Number 023-1025-1364
SECTION IV. The purpose of the vacation of the real property is to increase the
developable area of property controlled by Gates and Gates Realty, LLC by vacating right of way
that no longer serves a functional purpose as a result of the realignment and reconstruction of South
Main Street (Formerly Lafayette Boulevard). This petition to vacate is being requested as
indicated in the amendment of accepted counter-offer signed by the City of South Bend Board of
Public Works on February 26,2013 for the settlement of land acquisition required to construct the
Main Street-Lafayette Boulevard Connector Project (City Project No. 110-058B).
SECTION V. This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor
Member o he Common Council
Attest:
„' - u
City Clerk �tion on u.N ,
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock . m.
ed in Clerk's Office
Mayor, City of South Bend, Indi:na
1 st READING
PUBLIC HEARING t`Is� '� 3 J 2015
r�.l
3 rd READING
NOT APPROVED
REFERRED CITY CLERK,SOUP .:4END,IN
PASSED
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE:S.eetir_br(Si 2-0(S
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
THE STREET DESCRIBED AS:
A LESS THAN FULL WIDTH PORTION OF SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD) THAT
LIES ADJACENT TO PROPERTY OWNED BY GATES AND GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET
(LAFAYETTE BOULEVARD).
NAME (signed & printed) ADDRESS LOT #
X —a-A' 1 4418 SOUTH MAIN STREET, SOUTH BEND, IN 023-1025-1364
Lar(1 A . GLe5
CONTACT PERSON (S)
NAME: LAWSON-FISHER ASSOCIATES P.C.
AARON BLANK
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: 525 WEST WASHINGTON AVENUE
JOHN VOORDE, CITY CLERK SOUTH BEND, IN 46601
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221 PHONE: 574-234-3167
Filed in c!;rk's Office
SEP. 1 ,5 2015
Jost VCi:; Sti~•'
Cirt CLEF OLIN:SEND,IN i
RIGHT-OF-WAY TO BE VACATED
SOUTH LAFAYETTE BOULEVARD
LISTING OF PROPERTY OWNERS
V MWRP South Bend Ltd. Gates and Gates Realty LLC Paul Andrew Hein
360 Corporate Circle 640 Ireland Road 4336 South Lafayette Boulevard
Pepper Pike, Ohio 44124 South Bend, Indiana 46614 South Bend, Indiana 46613
Loren J. and Julie A. Roth Lock Joint Tube, Inc. Caroline Partners LLC
1526 Meadow Trail 515 West Ireland Road PO Box 4056
South Bend, Indiana 46614 South Bend,Indiana 46614 South Bend, Indiana 46614
V MWRP South Bend Ltd. Gates and Gates Realty LLC Paul Andrew Hein
360 Corporate Circle 640 Ireland Road 4336 South Lafayette Boulevard
Pepper Pike, Ohio 44124 South Bend, Indiana 46614 South Bend, Indiana 46613
•
Loren J. and Julie A. Roth Lock Joint Tube, Inc. Caroline Partners LLC
1526 Meadow Trail 515 West Ireland Road PO Box 4056
South Bend, Indiana 46614 South Bend, Indiana 46614 South Bend, Indiana 46614
Filed in C!P-Ic' Office
e x , 2015
JOi-tr3v �.',::
C Ty Ci.,ER1(,Sow, JEND,IN
Lawson-Fisher Associates P.C.
Project File No.201024.45
45 TN8.
;4 d
o �Vdh11Cl/i/ O':
1316 COUNTY-CITY BUILDING /�'\� � PHONE 574/235-9251
227W.JEFFERSON BOULEVARD :i U\� 'i 5 FAX 574/235-9171
amP -
SOUTH BEND,INDIANA 46601-1830 t‘t. 4 ,,g1/4
1865 ''...........
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
BOARD OF PUBLIC WORKS
July 28, 2015
Mr. P. C. Kerr
City of South Bend
227 W. Jefferson Blvd.
South Bend,IN 46601
RE: Vacations:
• a) Ireland Rd., East Side of Main Street (formerly Lafayette alignment), North of Ireland Road
relocation of the Roadway slightly West(No split with property on other side.)
b) Old Main St. at Lafayette Blvd.(formerly Walter Street)along Wendy's
Dear Mr. Kerr:
The Board of Public Works, at its July 28, 2015, meeting, reviewed your request to vacate
excess portions of the Right of Way left due to development and construction of Main-Lafayette
Connector Alley.
•
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 these
vacations.
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,
Filed (S't <`.:R.;k's Office
Linda M. Martin, Clerk t 520 15
c: Federico Rodriguez,Fire Department ur yrt•I
Tony Molnar, Engineering Gi'r't' ilk S1;fl i�hD,IN
Janice Talboom, City Clerk's Office
GARY A. GILOT DAVID P. RELOS KATHRYN E.ROOS ELIZABETH A. MARADIK BRIAN J. PAWLOWSKI
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date July 16, 2015
Name Carl Littrell Department PW/ Engineering
BPW Date July 28, 2015 y yPhyone Extension 5937
1;-, r e.,,,Yfi3 9r4R` .. �` c*a.' -0 -0 i" 0�..�j•14.J:a a L l4'( l�lSJTIr= 0 . Y. pn 1'n
Legal X Attorney Name Ben Daugherty
Controller X Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing X
{, eta .. » _47?c
a.:° ��C 'es <, o Drop la�l e . .��" CI:�l�1D� om� 0 5' _� �72,
• Agreement • Contract Proposal • Addendum
❑ Professional Services ❑ Resolution
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. ❑ C/O & PCA No. ❑ PCA
❑ Ease/Encroach. ❑ Traffic Control
❑ Other: Vacation
s_
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Company or Vendor Name
New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor ❑ MBE ❑ WBE
MBE/WBE Contractor
Requested ❑ No ❑ Yes Name of Company
Project Name Main/Lafayette Connector
Project Number 110-058
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Li Required Contractor's Certification Form Attached(Non-
Collusion, Non-Discrimination, Non-Debarment, E-Ver' , Iran, etc.
Amount of ❑ Increase $
❑ Decrease $
Previous Amount $
Current Percent of Change:
New Amount $
Total Percent of Change:
Copy Original
X ❑
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trra.......-
\� 1/% , INTER-OFFICE MEMORANDUM
.�.�
\' , ._.
DEPARTMENT OF PUBLIC WORKS
s65s„ DIVISION OF ENGINEERING
TO: Linda M. Martin, Clerk APPROVE,
Board of Public Works Board of Public «,
FROM: P. Corbitt Kerr, Ph.D., P.E. JUL 2 ; 20 o .
City Engineer • . $
�- _ f n
SUBJECT: Vacation of Portions of Right of Way ,lunn.
Main/Lafayette Connector
Project No 110-058
DATE: July 16, 2015
I request that the Board of Public Works provide the Common Council with a
recommendation to approve vacation of two street segments that are now"excess" right
of way due to the development and construction of the Main-Lafayette connector that
has been complete for more than one year.
It was necessary to obtain many real estate parcels to accomplish the goal of providing
safe and efficient transportation through the South Main and South Lafayette corridors
to enable enhancement of existing businesses and provide for new development. This
project, the prior South Michigan and West Ireland improvements and the state's US 31
relocation have resulted in reinvestment on the south side. Erskine Commons was
created knowing the corridor improvements to serve it would be coming. The other new
Ireland Road businesses that have sprung up have recently been joined by a new retail
building on South Michigan Street. More such developments are in the works.
The Department of Community Investment lead the project on the City's behalf. Much
of the planning and construction was funded through the Southside TIF. DCI's work
began with a series of public meetings seeking input on the needs of the area. That
was followed with a series of meetings with residents, property owners, and business
operators on the corridor to determine the best way to not only build the project with
least disturbance to their operations, but how to optimize the alignment of the project to
enhance their access to the street network and the public's access to their businesses
once the project was completed.
The consulting engineer, Lawson-Fisher Associates, was involved in many of these
meetings and provided alternative ways of accomplishing various features of the
project. DCI and Engineering staff reviewed the proposals, sometimes refining ideas
Memorandum to Linda M. Martin
July 16, 2015
Page Two
after further conversation with the corridor stakeholders. Once the basic alignment was
approved by DCI and Engineering, the real estate appraising and buying team led by
DLZ Indiana interfaced with the property owners helping them understand the project
design, as it affected them, as well as the financial compensation for real estate
transfer. Thus, several of the property owners were aware, going into the project that
segments of existing Main Street and Lafayette Street would be "excess" when the
project was completed and that they could petition to vacate them and combine them
with their own adjacent properties. They are also aware that the vacations would be
subject to easements for existing overhead and underground utilities.
There are two such segments:
At Ireland - On the east side of Main Street(former Lafayette alignment)just north of
Ireland Road relocation of the roadway slightly west has left an excess adjacent to
Caroline Partners property. Only a portion of right of way at that point is being vacated,
so there is no split with a property owner on the other side.
Old Main at Lafayette (formerly Walter Street)—the franchisee operating Wendy's
Restaurant owns properties on the east side of Old Main, the City maintains ownership
on the west side. Therefore, both the City and Wendy's of Fort Wayne become the
beneficiary of their respective half width of Old Main Street. According to the approved
acquisition offer from the City to Wendy's of Fort Wayne, once the petition to vacate is
approved by ordinance, the City will divest of its "excess" property ownership by
deeding it to Wendy's of Fort Wayne. A smaller part of that area is adjacent to a KFC
restaurant property owned by WCMR Holdings, LLC. They become the beneficiary of
the less than full width vacated segment adjacent to them.
I recommend that the Board of Public Works recommend these petitions favorably to
the Common Council, these being petitions for vacation of right of way segments
leaving easements for existing utilities in place.
Please call if there are questions.
Filed in r-'r-Pc's Office
ETP 15 2015
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L FA---- CITY OF SOUTH BEND
SOUTH BEND, INDIANA DRAWN. A� PROJECT N�MBER-
CHK: AWB
DATE:07/15 201024.00
"�
LAWSON-FISHER ASSOCIATES P.C.
525 W. WASHINGTON AVENUE I z 0 PETITION TO VACATE RIGHT-OF-WAY SHEETS
SOUTH BEND, INDIANA 46601
PH. (574) 234-3167 EXHIBIT 1 1 OF 1
6a /v3 (c)z—\ (-
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A FULL
WIDTH PORTION OF OLD SOUTH MAIN STREET (FORMERLY SOUTH MAIN
STREET) THAT LIES BETWEEN LAFAYETTE BOULEVARD AND SOUTH MAIN
STREET, ADJACENT TO PROPERTY OWNED BY CITY OF SOUTH BEND, BOARD
OF PUBLIC WORKS, LOCATED AT 4201-4219 SOUTH MAIN STREET
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:
A portion of the right-of-way of Old South Main Street (formerly South Main Street), as depicted
on Myers & Funk's Third Chippewa Heights Addition to South Bend,recorded in Plat Book 10,
Page 176 in the Office of Recorder of St. Joseph County, Indiana, being more particularly
described as follows:
Commencing at a point on the east right-of-way line of Old South Main Street, said point also
being the southwest corner of Lot 85A of Myers and Funk's Third Chippewa Heights First
Replat,recorded as Document Number 0229039 in the Office of Recorder of St. Joseph County,
Indiana; thence North 03° 28 `02" East, along the east right-of-way line, 5.01 feet to a point on
the east right-of-way line that lies 30.00 feet north of the design alignment for Lafayette
Boulevard (Line `E') as shown in City of South Bend Project Number 110-058B construction
plans and established by Location Control Route Survey Plat recorded as document number
1134039 in the Office of Recorder of St. Joseph County, Indiana; thence South 89 °04'04"West,
along a 30 foot offset of Line `E', 55.80 feet; thence Northwesterly 4.37 feet along a 30 foot
offset of Line `E' being a tangent curve to the right having a radius of 120.00 feet and subtended
by a long chord having a bearing North 89°53'19" West and a length of 4.37 feet; thence North
03°28'02" East, 166.30 feet to a point that lies at a 40 foot offset of South Main Street(Line
`D') as shown in City of South Bend Project Number 110-058B construction plans and
established by Location Control Route Survey Plat recorded as document number 1134039 in the
Office of Recorder of St. Joseph County, Indiana; thence Northeasterly 188.85 feet along a non-
tangent curve to the left having a radius of 640.00 feet and subtended by a long chord having a
bearing of North 22° 03' 44" East and a length of 188.16 feet to a point on the east right-of-way
of South Main Street; thence South 03°28'02"West, 340.11 feet to the point of beginning and
containing 14,322 square feet, more or less.
hereby determines that it is desirable to vacate said properties.
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:
Tax Key Number 023-1025-1389
Tax Key Number 023-1025-1384
Tax Key Number 023-1025-1427
Tax Key Number 023-1025-1428
Tax Key Number 023-1025-1429
Tax Key Number 023-1025-1430
SECTION IV. The purpose of the vacation of the real property is: The
right-of-way area under petition to vacate has had the existing roadway
improvements removed and a private drive entrance constructed across the former
road corridor to connect the relocated South Main Street with Wendy's existing
entrance. Vacation will make property currently owned by Wendy's of Fort
Wayne, property currently owned by the city of South Bend board of public works,
and the Portion of South Main Street currently petitioning to be vacated, into a
single-ownership property that can be replatted into a contiguous parcel.
SECTION V. This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
—
Member of the Common Council
Attest Stling Vlb isnean
oppoluty for puo:ic tinaga9 and
City Clerk
Council action on t'�Ma
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock . m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
�-u LY
1A READ` ,.C7 1 ; ZQiS
PUBLIC HEARING
3rd READING JU► _ ...,_.
NOT APPROVED CITY CLERK,4...ki 114 WEND,IN
REFERRED ---— "
PASSED
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE: a/�115�
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
THE STREET DESCRIBED AS:
A FULL WIDTH PORTION OF OLD SOUTH MAIN STREET (FORMERLY SOUTH MAIN STREET) THAT LIES
BETWEEN LAFAYETTE BOULEVARD AND SOUTH MAIN STREET, ADJACENT TO PROPERTY OWNED BY CITY OF
SOUTH BEND, BOARD OF PUBLIC WORKS, LOCATED AT 4201-4219 SOUTH MAIN STREET.
NAME (signed & printed) ADDRESS LOT #
Alain I////��� 4201, 4209, 4215, 4219 SOUTH MAIN STREET 023-1025 -1427, -1428
Gnu 6 f 0J SOUTH BEND, IN -1429, -1430
CONTACT PERSON (S)
NAME: LAWSON-FISHER ASSOCIATES P.C.
AARON BLANK
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: 525 WEST WASHINGTON AVENUE
JOHN VOORDE, CITY CLERK SOUTH BEND, IN 46601
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221 PHONE: 574-234-3167
RIGHT-OF-WAY TO BE VACATED
SOUTH MAIN STREET
LISTING OF PROPERTY OWNERS
City of South Bend GAA Investments LLC Ric A. and Janet A. DeBuysser
1200 County City Building 3400 East Coliseum Blvd., Ste. 100 22800 West Ireland Road
South Bend, Indiana 46601 Fort Wayne, Indiana 46805 South Bend, Indiana 46614
City of South Bend Mr.Ray Kuykendall WMCR Holding Company LLC
Board of Public Works Wendy's of Fort Wayne,Inc. 1035 West Washington Avenue A
227 West Jefferson Blvd.,Ste. 1300N 20 North Union Street Alpena, Michigan 49707
South Bend, Indiana 46601 Rochester,New York 14607
David L. Bolinger C-B Realty LLP CBI Buildings LLC
4121 South Main Street 5233 Coldwater Road 120 West Lexington Avenue
South Bend,Indiana 46614 Fort Wayne,Indiana 46825 Elkhart, Indiana 46516
Carl M. Kay Gates and Gates Realty LLC Caroline Partners LLC
P.O. Box 2405 640 West Ireland Road Attn: Bill Murray
South Bend,Indiana 46680 South Bend, Indiana 46614 P.O. Box 4056
South Bend, Indiana 46634
City of South Bend GAA Investments LLC Ric A. and Janet A. DeBuysser
1200 County City Building 3400 East Coliseum Blvd., Ste. 100 22800 West Ireland Road
South Bend,Indiana 46601 Fort Wayne, Indiana 46805 South Bend, Indiana 46614
City of South Bend Mr.Ray Kuykendall WMCR Holding Company LLC
Board of Public Works Wendy's of Fort Wayne, Inc. 1035 West Washington Avenue A
227 West Jefferson Blvd.,Ste. 1300N 20 North Union Street Alpena,Michigan 49707
South Bend, Indiana 46601 Rochester,New York 14607
David L. Bolinger C-B Realty LLP CBI Buildings LLC
4121 South Main Street 5233 Coldwater Road 120 West Lexington Avenue
South Bend, Indiana 46614 Fort Wayne, Indiana 46825 Elkhart,Indiana 46516
Carl M. Kay Gates and Gates Realty LLC Caroline Partners LLC
P.O. Box 2405 640 West Ireland Road Attn: Bill Murray
South Bend,Indiana 46680 South Bend,Indiana 46614 P.O. Box 4056
South Bend, Indiana 46634
Lawson-Fisher Associates P.C.
Project File No. 201024.45
1316 COUNTY-CITY BUILDING j�F �"\ /j<y PHONE 574/235-9251
227 W.JEFFERSON Bannon) j O x1/4,,,,\ //,
.� > FAX 574/235-9171
SOUTH BEND,INDIANA 46601-1830 \'y.
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
BOARD OF PUBLIC WORKS
July 28,2015
Mr. P. C. Kerr
City of South Bend
227 W. Jefferson Blvd.
South Bend,IN 46601
RE: Vacations:
a) Ireland Rd., East Side of Main Street(formerly Lafayette alignment), North of Ireland Road
relocation of the Roadway slightly West(No split with property on other side.)
b) Old Main St. at Lafayette Blvd.(formerly Walter Street)along Wendy's
Dear Mr. Kerr:
The Board of Public Works, at its July 28, 2015, meeting, reviewed your request to vacate
excess portions of the Right of Way left due to development and construction of Main-Lafayette
Connector Alley.
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 these
vacations.
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. RELOS KATHRYN E. ROOS ELIZABETH A. MARADIIC BRIAN J, PAWI.OWSl{I
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date July 16, 2015
Name Carl Littrell Department PW/Engineering
BPW Date July 28, 2015 Phone Extension 5937
ar m°mac H
al $" F z? . -n....,a'�.::,..'', sea oi;P:76780131n4iii.
Legal X Attorney Name Ben Daugherty
Controller X Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing X
0 Agreement 0 Contract • Proposal ❑Addendum
❑ Professional Services ❑ Resolution
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. ❑ CIO & PCA No. ❑ PCA
❑ Ease/Encroach. ❑ Traffic Control
• Other: Vacation
rs-}.T W ., s s,r UI i ' 2` ,u rat _ .- . -"J
Company or Vendor Name
New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor ❑ MBE ❑ WBE
MBE/WBE Contractor
Requested ❑ No ❑ Yes Name of Company
Project Name Main/Lafayette Connector
Project Number 110-058
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
❑ Required Contractor's Certification Form Attached (Non-
Collusion, Non-Discrimination, Non-Debarment, E-Ver' , Iran, etc.
Amount of ❑ Increase $
❑ Decrease $
Previous Amount $
Current Percent of Change:
New Amount $
Total Percent of Change: (�
f"`'�`� -s?^i rrsr.- a�'! .4l� �eri-F��Y`R%/A o Xi
Copy Original
X ❑
❑ ❑
❑ ❑
�ltidly�'�do INTER-OFFICE MEMORANDUM
// o
DEPARTMENT OF PUBLIC WORKS
. DIVISION OF ENGINEERING
TO: Linda M. Martin, Clerk APPROV&.
Board of Public Works Board of Public ti ark:
FROM: P. Corbitt Kerr, Ph.D., P.E. JUL 2 i 2i bi
City Engineer _ —
SUBJECT: Vacation of Portions of Right of Way r► �
Main/Lafayette Connector
Project No 110-058 alit, -
DATE: July 16, 2015
I request that the Board of Public Works provide the Common Council with a
recommendation to approve vacation of two street segments that are now"excess" right
of way due to the development and construction of the Main-Lafayette connector that
has been complete for more than one year.
It was necessary to obtain many real estate parcels to accomplish the goal of providing
safe and efficient transportation through the South Main and South Lafayette corridors
to enable enhancement of existing businesses and provide for new development. This
project, the prior South Michigan and West Ireland improvements and the state's US 31
relocation have resulted in reinvestment on the south side. Erskine Commons was
created knowing the corridor improvements to serve it would be coming. The other new
Ireland Road businesses that have sprung up have recently been joined by a new retail
building on South Michigan Street. More such developments are in the works.
The Department of Community Investment lead the project on the City's behalf. Much
of the planning and construction was funded through the Southside TIF. DCI's work
began with a series of public meetings seeking input on the needs of the area. That
was followed with a series of meetings with residents, property owners, and business
operators on the corridor to determine the best way to not only build the project with
least disturbance to their operations, but how to optimize the alignment of the project to
enhance their access to the street network and the public's access to their businesses
once the project was completed.
The consulting engineer, Lawson-Fisher Associates, was involved in many of these
meetings and provided alternative ways of accomplishing various features of the
project. DCI and Engineering staff reviewed the proposals, sometimes refining ideas
Memorandum to Linda M. Martin
July 16, 2015
Page Two
after further conversation with the corridor stakeholders. Once the basic alignment was
approved by DCI and Engineering, the real estate appraising and buying team led by
DLZ Indiana interfaced with the property owners helping them understand the project
design, as it affected them, as well as the financial compensation for real estate
transfer. Thus, several of the property owners were aware, going into the project that
segments of existing Main Street and Lafayette Street would be "excess"when the
project was completed and that they could petition to vacate them and combine them
with their own adjacent properties. They are also aware that the vacations would be
subject to easements for existing overhead and underground utilities.
There are two such segments:
At Ireland -On the east side of Main Street(former Lafayette alignment)just north of
Ireland Road relocation of the roadway slightly west has left an excess adjacent to
Caroline Partners property. Only a portion of right of way at that point is being vacated,
so there is no split with a property owner on the other side.
Old Main at Lafayette (formerly Walter Street)—the franchisee operating Wendy's
Restaurant owns properties on the east side of Old Main, the City maintains ownership
on the west side. Therefore, both the City and Wendy's of Fort Wayne become the
beneficiary of their respective half width of Old Main Street. According to the approved
acquisition offer from the City to Wendy's of Fort Wayne, once the petition to vacate is
approved by ordinance, the.City will divest of its "excess" property ownership by
deeding it to Wendy's of Fort Wayne. A smaller part of that area is adjacent to a KFC
restaurant property owned by WCMR Holdings, LLC. They become the beneficiary of
the less than full width vacated segment adjacent to them.
I recommend that the Board of Public Works recommend these petitions favorably to
the Common Council, these being petitions for vacation of right of way segments
leaving easements for existing utilities in place.
Please call if there are questions.
3.000-002
JA.J — 7/16/2015 12:12 PM — U:\2010\201024_00 SBN S Main Conn\Cad\Eng Dwg\Platting\Petition to Vacate—Exhibit Figures.dwg
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ATTN: BILL MURRAY i '
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L FA---- CITY OF SOUTH BEND DRAWN:JAJ PROJECT NUMBER
SOUTH BEND, INDIANA "C-HK: AWB 201024,00
DATE:07/15
LAWSON-FISHER ASSOCIATES P.C.
SHEETS
525 W. WASHINGTON AVENUE PETITION TO VACATE RIGHT-OF-WAY
SOUTH BEND, INDIANA 46601
PH. (574) 234-3167 EXHIBIT 1 OF 1
t L(ORDINANCE NO. `
BILL NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10332-14 AND FIXING THE ANNUAL
PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2016
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, established the annual compensation
and monetary fringe benefits of the South Bend Common Council following successful labor negotiations with
representatives of South Bend Fraternal Order of Police Lodge No. 36 in 2014. The total wage,monetary fringe
benefits and working conditions package was ratified by voting members of the Lodge which resulted in the South
Bend Common Council passing Ordinance No. 10332-14 on October 27, 2014.
Ordinance No. 10332-14 set forth the annual pay and monetary fringe benefits for both calendar years 2015 and
2016, and also established maximum annual pay and monetary fringe benefits for upper level policy making
positions in the South Bend Police Department as defined in Indiana Code § 36-8-1-12.
This ordinance formally re-affirms all provisions of Ordinance No. 10332-14 in its entirety for the 2016 calendar
year.
9Wia, a lea ardeazdt Me antrwa 5P wiediai, /96-4>i'.nd yndlane4 ad
Ainaid
Section I. The annual pay and monetary fringe benefits established for all sworn members of the South Bend
Police Department, including all upper level policy making positions in the Department, are hereby fixed and re-
affirmed for the 2016 calendar year. The annual pay and monetary fringe benefits were originally established in
Ordinance No. 10332-14 by the South Bend Common Council, when it passed said ordinance on October 27,
2014. A copy of Ordinance No. 10332-14 is attached hereto and included herein by reference.
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.
Tim Scott, Council President
South Bend Common Council
SIgnIng of Us vi iv op./S� an
op i stiy for ruhka fraalag and
Council action on t t w .
2016 Re-Affirmation Ordinance of the Annual Pay and Monetary Fringe Benefits of the South Bend Police Department
Page 2
S
John Voorde, City Clerk
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Janice Talboom, Deputy City Clerk
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Pete Buttigieg, Mayor
City of South Bend, Indiana
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lit READING l C 17 5
PUBLIC HEARING CV &���
3rd READING
NOT APPROVE ,JC•:tt4l,' V`v3s`:ui
REFERRED CITY CLERK,,SOUTH BIND,IN
PASSED
Ordinance No. [03 3 2-i y
Substitute Bill No. 54-14
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 AND 2016
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3,If(d) is charged
with establishing before November l5`, 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 1 s Class Harvey Mills, FOP Vice-
President; Lieutenant Steve Noonan, Past FOP President; Sergeant Cori Bair; Patrolman 1' Class
Chad Goben, and Leo T. Blackwell, Legal Counsel.
This ordinance reflects the proposals discussed and tentatively agreed to during
negotiations by the respective negotiating teams. It sets forth the recommended salaries and other
monetary fringe benefits to be paid to the sworn members and officers of the South Bend Police
Department in calendar years 2015 and 2016. This ordinance is believed to be in the best interests
of the Police Department and the best interests of the City of South Bend.
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Section I. Recognition. The South Bend Common Council recognizes the negotiating
team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole
bargaining agent for the sworn members of the South Bend Police Department for purposes of
negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 2
this ordinance,excepting the Police Chief,the Division Chiefs,and the Captains,who are governed
by Indiana Code § 36-8-1-12.
Section II. Annual Pays; Recruit Pay; Lateral Entry; and Career Development
Incentive Programs.
(a) Annual Pay for Sworn Members of the South Bend Police Department. Annual pay
for the sworn members of the South Bend Police Department,including upper level policy making
positions defined by Indiana Code § 36-8-1-12 for calendar years 2015 and 2016 shall be set as
follows:
Rank 2015 2016
Police Chief $94,095 $95,977
Division Chiefs $79,165 $80,748
Captains $68,320 $69,686
Lieutenants $59,400 $61,390
Sergeants $57,185 $59,101
Patrolman IS`Class $54,281 $55,475
Patrolman 2nd Class $48,685 $49,756
Patrolman 3`d Class $44,130 $45,101
(b) Police Recruit Annual Pay. A Recruit of the South Bend Police Department shall be
classified separately from sworn members of the Department. A Recruit shall complete the State
of Indiana training program or its equivalent and commence duties as an officer before being sworn
in as an officer of the South Bend Police Department. The maximum annual pays of a Police
Department Recruit shall be as follows:
2015: $44,130 2016: $45,101
(c) Lateral Entry Program. The Common Council authorizes the South Bend Police
Department to offer between three thousand five hundred dollars ($3,500.00) to five thousand
dollars ($5,000) as a one-time bonus to any individual found to be eligible and qualified to be a
candidate on the Department who has the requisite law enforcement experience and certification(s)
for such a lateral entry onto the South Bend Police Department. Any sworn member who received
monies pursuant to this Lateral Entry Program and who leaves employment from the South Bend
Police Department before his/her one(1) year anniversary with the Department, shall be required
to pay back to the South Bend Police Department any and all lateral bonus monies received.
(d) Police Officer Recruitment Bonus Program. Effective January I, 2015, the South
Bend Police Department shall begin to implement a Police Officer Recruitment Bonus Program.
Any sworn member of the South Bend Police Department as of that date, who assists in the
recruitment and hiring of any full-time new sworn police officer,may be eligible upon Department
verification of each of the stages listed below:
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 3
1. Upon an individual, who has been recruited by a South Bend Police Department
sworn member, graduating from the 15-week Indiana Law Enforcement Academy
in Plainfield, Indiana, the sum of one hundred fifty dollars ($1.50.00) shall be
earmarked for payment for that sworn member of the South Bend Police
Department who assisted in the recruitment.
2. Upon that individual then successfully completing the Field Training Program
(PTO), the sum of three hundred fifty dollars ($350.00) shall be earmarked for that
sworn member of the South Bend Police Department who assisted in the
recruitment.
3. For the sworn member of the South Bend Police Department to be eligible to
receive the bonuses described above, the candidate who recruited the candidate
must have successfully completed the specified phase of the hiring process and be
hired by the South Bend Police Department as a full-time sworn member. Any
sworn member of the South Bend Police Department desiring to participate in the
Police Officer Recruitment Bonus Program shall be required to timely complete all
required forms with the Department, and upon verification of his/her recruited
candidate successfully meeting the hiring standards, processing for payment of the
recruitment bonus shall commence.
All Police Department regulations governing this program must be complied with by the sworn
member of the South Bend Police Department in order for him/her to be qualified and eligible to
be paid under this program.
(e) Lateral Police Officer Recruitment Incentive Program. Effective January 1, 2015, the
South Bend Police Department shall begin to implement a Lateral Police Officer Recruitment
Incentive Program. Any sworn member of the South Bend Police Department as of that date, who
verifiably assists in the recruitment and hiring of any new full-time lateral sworn police office is
eligible for a one-time bonus payment of five hundred dollars($500.00). Said bonus shall only be
processed for payment upon the following conditions being met:
1. The lateral police officer candidate successfully completed a Law Enforcement
Training Board-certified 40-hour Pre-Basic Course, and is hired as a full-time
sworn member of the South Bend Police Department;
2. Verification of the sworn member's recruitment activities and his/her timely
completion of all required forms with the South Bend Police Department;
3. The sworn member, who recruited the lateral police officer candidate,
completed the annual mandatory training program addressing domestic
violence, use of force training, fire arms training and emergency vehicle
operations training; and
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 4
4. All Police Department regulations governing this program must have been
complied with by the sworn member of the South Bend Police Department in
order for him/her to be qualified and eligible to be paid under this program.
(f) Police Officer Education Incentive Program. Effective January 1, 2015,the
South Bend Police Department shall begin to implement a Police Officer Educational Incentive
Program. In order to be eligible under this program, a person must be classified as a full-time
South Bend Police Department sworn member, must have successfully completed at least one (1)
year of full-time service on the South Bend Police Department, and must have completed the
annual mandatory training program addressing domestic violence, use of force, fire arms training,
emergency vehicle operations training; and provided all of the documentation which verify the
completion of the following degrees/hours:
Required Documentation 2015 2016
Associate Degree or 60 credit hours $350 $450
Bachelors Degree(BS/BA) $500 $600
Masters Degree or higher(JD, PhD, etc.) $750 $850
Written proof from the educational institution certifying the completion of such degree and/or
hours, along with compliance with all Police Department regulations governing this program by
the sworn member of the South Bend Police Department is required in order for a him/her to be
eligible to be paid under this program. Qualifying sworn members shall be paid at the highest
degree only, with such payment being made in December of each calendar year.
(g) Former U.S.Military Recruitment and Retention Incentive Programs.t Effective
January 1, 2015, the South Bend Police Department shall begin to implement the following
Former U.S. Military Recruitment and Retention Incentive Programs.
1. One-Time Military Recruitment Bonus: In order to be eligible for a one-time
military recruitment bonus, which may be offered to any individual found to be
eligible and qualified, who has prior active duty service with the Armed
Services and received an Honorable Discharge from a branch of the U.S.
military and desires to join the South Bend Police Department as a full-time
sworn member after January 1, 2015, said individual would be eligible to one
'The International Association of Chiefs of Police(IACP)in partnership with the U.S.Department of Justice,Office
of Justice Programs, Bureau of Justice Assistance (BJA), has published a guidebook for service members who are
transitioning out of the military and are considering a law enforcement career. That publication entitled Combat
Veterans&Law Enforcement: A Transition Guide for Veterans Beginning or Continuing Careers in Law Enforcement
is available at ht tp://www.theiacp.org/vets2cops
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 5
(1) of the following bonus incentive payment amounts upon graduating from the 15-week
Indiana Law Enforcement Academy in Plainfield, Indiana:
2015 2016
Two(2)years of past U.S.military active duty service $350.00 $450.00
Four(4)years of past U.S.military active duty service $500.00 $600.00
Six(6)or more years of past U.S.military active duty service $750.00 $850.00
Such one-time bonus incentive payment shall be paid at the highest year of U.S.
military active duty service experience only,upon proof of such service and tenure
being substantiated and verified utilizing the submission by the person requesting
the bonus of the Report of Separation, DD-214 issued by the Defense Department.
• Any person,who received such a bonus incentive payment and who leaves his/her
employment with the South Bend Police Department before his/her one (1) year
anniversary with the Department, shall be required to pay back to the South Bend
Police Department any and all bonus monies received under this program.
2. Police Officer Recruitment Bonus Program for Recruiting Former U.S.
Military Service Member. Any sworn member of the South Bend Police
Department employed with the Department as of January 1, 2015, who
verifiably assists in the recruitment and hiring of any new full-time sworn police
officer who is a former U.S.military service member is eligible for a one-time
bonus payment of five hundred dollars ($500.00). Said bonus would only be
processed for payment upon the following conditions being met:
i. The former U.S. military service member who is a police officer
candidate successfully completed a Law Enforcement Training
Board-certified 40-hour Pre-Basic Course,and is hired as a full-time
sworn member of the South Bend Police Department;
ii. Verification of the sworn member's recruitment activities and
his/her timely completion of all required forms with the South Bend
Police Department;
iii. The sworn member who recruited the former U.S. military service
member who is a police officer candidate completed the annual
mandatory training program addressing domestic violence, use of
force training, fire arms training and emergency vehicle operations
training; and
iv. All Police Department regulations governing this program must
have been complied with by the sworn member of the South Bend
Police Department in order for him/her to be qualified and eligible
to be paid under this program.
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 6
3. Former U.S.Military Retention Incentive Program. Effective January 1,2015,
a former U.S. Military Retention Incentive Program shall begin' to be
implemented in the South Bend Police Department. In order to be eligible, a
sworn member of the Department must have successfully completed at least
one(1) year of full-time service on the Department and must have completed
the annually mandatory training program addressing domestic violence, fire
arms training and emergency vehicle operations training, and provide
documentation as required by this section with qualified sworn members being
entitled to the following:
2015 2016
Two (2) years of past U.S. military active duty service experience $350.00 $450.00
Four(4) years of past U.S. military active duty service experience $500.00 $600.00
Six (6) years or more past U.S. military active duty service exp. $750.00 $850.00
Such bonus incentive retention payments shall be paid at the highest year of U.S.
military active duty service experience only. Proof of such U.S.military service
and tenure must be substantiated and verified by utilizing the Report of
Separation, DD-214 issued by the Defense Department. Qualifying sworn
members shall be paid said bonus in December of each calendar year.
(h) Police Recruitment Relocation to South Bend Incentive. Any new full-time sworn
member of the South Bend Police Department who is employed after January 1, 2015, would be
eligible to apply for a Police Recruitment Relocation to South Bend Incentive, so long as his/her
new personal residential address is located within the South Bend City limits. This relocation
bonus may not exceed one thousand five hundred dollars($1,500.00) for each qualifying full-time
sworn member in calendar year 2015 and may not exceed two thousand dollars ($2,000.00) for
each qualifying full-time sworn member in calendar year 2016.
Section III. Additional Areas of Compensation.
(a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the
maximum amounts permitted in each calendar year addressed.
(b) City Residency Incentives. Sworn members and officers of the South Bend Police
Department, who establish verified legal residence within any neighborhood within the City of
South Bend city limits and reside on a continuous permanent basis within the South Bend city
limits, and comply any additional department governing regulations on this topic shall be entitled
to the following residency incentive bonus:
2015: $400 maximum payable on or before December 15, 2015
. 2016: $400 maximum payable on or before December 15, 2016
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 7
(c) Court Time Pay: If an officer or sworn member of the South Bend Police Department
is subpoenaed to court or is ordered to appear at any given location to validate a complaint or
warrant, and if that officer or sworn member is off-duty, that officer or sworn member shall be
paid overtime. Such court time pay shall be paid at the overtime rate ofpay. Such officer or sworn
member shall receive a minimum of four (4) hours of pay for appearing on his or her scheduled
day off;and a minimum of two(2)hours ofpay for appearing when off-duty on a regular scheduled
workday.
(d) Overtime Pay: If a sworn member is required to remain on duty in excess of the
regularly scheduled workday, he or she shall be entitled to overtime pay. Such sworn member
shall be paid at the rate of one and one-half(1 72) times his or her regular rate of pay. Overtime
shall be calculated by quarter-hour increments.
(e) Critical Duty Day Pay Stipend: A critical duty day pay stipend is continued in the
amount of one hundred fifty and 11/100 dollars ($150.00). There shall be seven (7) Critical Duty
Days established by the Board of Public Safety by proper Board Resolutions for calendar years
2015 and 2016. Officers and sworn members assigned to the Family Violence/Special Victim's
Unit, Country Metro Homicide or the South Bend Community School Corporation, while so
assigned, shall not be eligible for the Critical Duty Day pay stipend, while working as a part of his
or her regular duty assignments.
(0 Shift Premium Pays: An officer or sworn member scheduled to work any of the
following types of detail shall be entitled to the following shift premium pays for such work:
Type of Detail 2015 2016
Afternoons $ 850 $ 850
Detective Bureau (nights) $ 850 $ 850
Midnights $1,450 $1,450
Half Shift Detail $ 425 $ 425
Street Crimes $ 425 $ 425
(g) Seniority-Shift Incentive Premium Pays: An officer or sworn member scheduled to
work any of the following types of detail shall be entitled to the following shift premium pays for
such work:
Type of Detail 2015 2016
Afternoons 2"d Detail 8 years or more of service $1,100 $1,100
Midnights 3rd Detail 8 years or more of service $1,400 $1,400
(h) Special Duty Pays: An officer or sworn member who is qualified and scheduled to
work in special hazardous duty and/or highly specialized areas of service, shall be entitled to
receive Special Duty Pay for such assigned and designated specialties:
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 8
Type of Special Duty 2015 2016
Street Crimes $ 900 $ 900
SOS $1,150 $1,150
K-9 Unit $1,150 $1,150
SWAT $1,150 $1,150
Bomb Technician $1,150 $1,150
Hostage Negotiator $ 800 $ 800
Uniform Crime Scene Technician $1,000 $1,000
Uniform Sergeant Pro-Pay $ 450 $ 450
Rapid Response (RRT) $ 450 $ 450
Diagramer $ 450 $ 450
Certified Meth Technician $ 600 • $ 600
(i) LEP Specialty Pay: A Limited English Proficiency(LEP)Program overseen by the
City's Human Resources Director or his/her designee shall monitor the Department's
requirements. All qualifying sworn members who meet the requirements and who are regularly
assigned to perform LEP duties shall be paid the following specialty pay in a lump sum in the last
payroll in December of each year of such assignment:
2015 201.6
Limited English Proficiency(LEP) $400 $400
(j) Detective Classification Pay: A qualifying sworn member within the pay classification
of Sergeant who has been assigned to be an Investigator on a continuing basis and who began
receiving pay under a previous salary ordinance for such work as an Investigator in the
Investigative Division is considered grandfathered. Such qualifying Sergeant shall continue to
receive an additional annual pay in the amount of six hundred sixty three and 00/100 dollars
($663.00) in calendar years 2015 and 2016. Said pay shall be paid on a divisible amount which is
paid on a bi-weekly basis. Said pay shall be prorated in any year a qualifying Sergeant retires,
resigns or otherwise leaves employment.
(k) Investigator Pro-Pay: A qualified l st Class Patrolman, who is assigned to be an
Investigator on a continuing basis, shall be paid at a rate equivalent to the pay of a Sergeant.
(1) Field Training Officer(FTO)Pay: A qualified Field Training Officer(FTO) shall be
entitled to forty and 00/100 dollars ($40.00) per day for each day which such person is qualified,
assigned and performs field training activities with new recruits.
(m) Annual Cash Allowance: Officers and sworn members shall receive the following
annual cash allowance amounts. One-fourth (1/4) of the annual sums listed shall be paid each
calendar quarter:
2015: $1,400 2016: $1,400
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 9
(n) Longevity Pays: Qualifying officers and sworn members holding the rank of 1st Class
Patrolman and above, shall receive addition compensation in recognition of cumulative service on
the South Bend Police Department. Such longevity pays shall be paid in the following amounts in
2015 and 2016:
Cumulative Years of Service on SBPD Commencement Date 2015
10-14 years 2016
15-19 years Beginning 11th year $ 700 $ 750
20 years and over Beginning le year $1,200 $1,250
Beginning 2151 year . $1,750 $1,800
(o) Tuition Reimbursement: Qualifying officers and sworn members of the South Bend
Police Department who participate in the Tuition Reimbursement Program shall be entitled to the
following maximum dollar amount(s) for approved course tuition:
Course Grade Maximum Amount Reimbursed by the Cit of South Bend
A 100%of tuition costs only up to a maximum of$1,500
B 75% of tuition costs only up to a maximum of$1,000
C 50% of tuition costs only up to a maximum of$ 500
Officers and sworn members who wish to participate in this program must give notice to the
Services Division Chief prior to registering for a course which has tuition fees, so that funds may
be earmarked for potential tuition reimbursement on a "first come, first serve" basis up to the
maximum amount budgeted for such purposes for each calendar year by the Common Council.
Tuition reimbursement shall be limited to a maximum reimbursement amount of $2,500 per
calendar year to any officer or sworn member participating in the program. All governing
regulations must be complied with by any officer or sworn member who participates in the
program as a condition of being paid any tuition reimbursement.
(p) Voluntary Physical Fitness Program: The Common Council continues the
authorization previously set forth in Ordinance No. 10042-10 and Ordinance No. 10192-12 to
implement a voluntary physical fitness program during 2015 and 2016, which may have the
potential of any officer and/or sworn member of the South Bend Police Department who qualifies
under the governing policies and procedures implemented by the Department to earn up to a
maximum of one(1)personal day per calendar year. Such personal day may not be used, if such
usage results in overtime costs to the City.
(q) On-Call Duty Pays: Each of the following On-Call Duty Pay categories shall be
allotted six hundred fifty 00/100 dollars ($650.00) per category per year for calendar years 2015
and 2016, and shall be divided among the assigned police officers in each of these categories. Such
division of pay shall be determined according to the frequency of assigned on-call days in the
respective category and shall be paid on a quarterly basis. The On-Call Duty Pay categories are
as follows:
•
2015 and 2016 South Bend Police Department Salary/Monetary Fringe Benefits Ordinance
Page 11
Section V. Effective a Date.
This ordinance shall be in MI force and effect from and after its passage by the Common
Council and approval by the Mayor.
Tim Scott, 1' District Council Member
City Advisory Negotiating Team Member
Dr. Fred Ferlic, 4th District Council Member
City Advisory Negotiating Team Member
•'cam
Ka -n L. White, Council Mem er at Large
City Advisory Negotiating Team Alternate Member
Office of City Clerk
atone, by me to Pete Buttigieg, Mayor of the City of South Bend, Indiana, on the
rkiA day of CL /!:
, 2014, at 'o'clock- : m
Janice Talb i ) , Deputy Clerk
Office of th I"City Clerk
toaariamafJn/by me to Mark Neal, Deputy Mayor of the City of South Bend,
Indiana, on the ---Wn da of 3C
Y 2014, atG'?o'clock . m
l
1st READING /-2_Z.r'/ Pete Buttigi-_, ay/V/e • - -._
, PUBLIC HEARS L b-2?! ! C(J Su i+- S Office
3 rd READING 1 C0 Z --f l Q r S U G l4't e1
NOT APPROYW ai
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PASSED 10-2 ) 1k( a St_CS-t.'1u
fE env CI fCK(SOU H SONO,1N
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Common Council
City of South Bend Indiana
Tim Scott,Common Council President
4th Floor County-City Building
227 West Jefferson Boulevard
South Bend,Indiana 46601
(574)235-9321 (574)235-9173 Facsimile (574)235-5567 TTY/TDD
September 16, 2015
The South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for the South Bend
Police Department
Dear Council Members:
On October 27, 2014, the South Bend Common Council passed Ordinance No. 10332-14, which established the
annual pay and monetary fringe benefits for all sworn members of the South Bend Police Department for calendar
years 2015 and 2016. This action followed successful labor negotiations between the City Advisory Negotiating
Team which included Council Members Karen L. White, Dr. Fred Ferlic and myself, members from the Police
Department and City Administration working with our Agents who negotiated with the FOP Negotiating Team
and their Agent.
As noted at the September 2, 2015 Personnel and Finance Committee when the South Bend Police Department
budget for calendar year 2016 was presented, all annual pay amounts and monetary fringe benefits set forth in
their proposed budget reflect the exact amounts originally established in Ordinance No. 10332-14. The attached
ordinance re-affirms all of those monetary amounts and programs for the 2016 calendar year.
I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for review and
recommendation and be set for 2nd & 3rd readings and public hearing at the October 12th Common Council
meeting. Thank you.
Most sincerel ,
Tim Sco t, Council President
Attachment
cc: Police Chief Ron Teachman
Leo T. Blackwell, FOP Agent/Negotiator Office
Kathleen Cekanski Farrand, SBCC Agent/Negotiator
CITY CLECJReiKSUh e !
ND IN
6 ( ti N3 _
ORDINANCE NO.
BILL NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10333-14 AND FIXING THE ANNUAL
PAY AND MONETARY FIRNGE BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2016
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, established the annual compensation
and monetary fringe benefits of the South Bend Common Council following successful labor negotiations with
representatives of South Bend Firefighter's Local Union No. 362 in 2014. The total wage, monetary fringe
benefits and working conditions package was ratified by voting members of the Fire Union which resulted in the
South Bend Common Council passing Ordinance No. 10333-14 on October 27, 2014.
Ordinance No. 10333-14 set forth the provisions of a 3-year agreement establishing the annual pay and monetary
fringe benefits for calendar years 2015, 2016, and 2017, and also established maximum annual pay and monetary
fringe benefits for upper level policy making positions in the South Bend Fire Department as defined in Indiana
Code § 36-8-1-12.
This ordinance formally re-affirms all provisions of Ordinance No. 10333-14 in its entirety for the 2016 calendar
year.
9/Ca, lim, by a ordains*tAo antinen, iiaaned Ate 1(r9° tire, ad
jawe:
Section I. The annual pay and monetary fringe benefits established for all sworn members of the South Bend Fire
Department,including all upper level policy making positions in the Department,are hereby fixed and re-affirmed
for the 2016 calendar year. The annual pay and monetary fringe benefits were originally established in Ordinance
No. 10333-14 by the South Bend Common Council, when it passed said ordinance on October 27, 2014. A copy
of Ordinance No. 10333-14 is attached hereto and included herein by reference.
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.
Tim S . ouncil President
South Bend Common Council
2016 Re-Affirmation Ordinance of the Annual Pay and Monetary Fringe Benefits of the South Bend Fire Department
Page 2
•
John Voorde, City Clerk
aasental me id dee .afO' r y/otee ca,90 ma i �'.nd 3a on dew ens
, 20/e5az erW ab . m
Janice Talboom, Deputy City Clerk
Seirmial and *,nets, 914180 010 r 10forreat&rend Adana, on de dad
of , 20/5ataWoa4_. m
Pete Buttigieg, Mayor
City of South Bend, Indiana
5 Office
Filed hi
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PORING
3 rd READING d01471 Vil,1 .7:
CITY CLERK,SOUTH(]END,IM
NOT APPROVED..
`r ERRED
PASSED
Ordinance No. La 3 3 3 - i y
Substitute Bill No. 55-14
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 INTENT
The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3,¶(d) is charged
with establishing before November 1St, the annual compensation 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 S'Driver Ryan Takacs; and
Tim Curran, Legal Counsel.
This ordinance reflects the proposals discussed during negotiations which were tentatively
agreed to by the respective negotiating teams. It 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.
}/rYG / C//}C(/Ceree/4 / 'Kiwi/fern rieennvJ / %;'C./// 71:4/./i 1/l
_ �:yll7
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
2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance
Page 2
other monetary items which are addressed in this ordinance,excepting the Fire Chief,the Assistant
Fire Chiefs, and the Battalion Chiefs, who are governed by Indiana Code § 36-8-1-12.
Section II. Annual Maximum Salaries..
(a) Definitions: For purposes of this ordinance, "Salary Classifications"mean
Categories for salary and annual pay purposes only. "Rank"does not mean salary classification.
(b) Annual Pay for Sworn Members of the South Bend Fire Department: Maximum
annual pays for the sworn members of the South Bend Fire Department, including upper level
policy making positions defined by Indiana Code § 36-8-1-12 for calendar years 2015, 2016 and
2017 shall be set as follows:
Salary Classification 2015 2016 2017
Fire Chief $94,095 $95,977 $97,897
Assistant Fire Chiefs $79,165 $80,748 $82,363
Battalion Chiefs $68,320 $69,686 $71,080
Captains $58,323 $59,781 $61,276
Firefighter 1 st Class $54,268 $55,462
Firefighter 2nd Class $48187 $56,682
$49,247
Firefighter 3rd Class $39,858 $40,735 $411
(c) Annual Pay for Firefighter Recruit: The maximum annual pay for a Firefighter
Recruit of the South bend Fire Department shall be as follows:
2015: $38,146 2016: $38,985 2017: $39,843
(d) Salaries for Non-Rank Specialties: Qualified sworn members of the South Bend Fire
Department who are regularly assigned to perform any of the following non-rank specialties, shall
be paid as follows:
Non-Rank Specialties 2015 2016 2017
Arson Investigators $58,323 $59,781 $61,276
Inspectors $58,323 $59,781 $61,276
Instructors $58,323 $59,781 $61,276
Lieutenant/Paramedic $55,367 $56,585 $57,830
Pump Engineer/First Driver $55,188 $56,402 $57,643
It is the continuing intent of the city to eliminate the non-rank specialty of"Lieutenant/Paramedic
by attrition.
2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance
Page 3
Section III. Additional Areas of Compensation.
(a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the
Maximum amounts permitted in each calendar year addressed.
(b) City of South Bend Residency Incentives. Qualifying sworn members and upper level
policy making positions of the South Bend Fire Department, who establish and maintain legal
residence within any neighborhood within the City of South Bend city limits and reside on a
continuous permanent basis within the South Bend city limits, and comply with the governing
regulations for such compliance shall be entitled to the following bonuses:
2015: $400 maximum payable on or before December 15, 2015
2016: $400 maximum payable on or before December 15, 2016
2017: $400 maximum payable on or before DX, ecember 15, 2017
Said bonus amounts shall be pro-rated in the event that a qualifying sworn member or upper level
policy making person moves into the South Bend city limits after the beginning of the calendar
year or moves out of the South Bend city limits during a calendar year.
Section IV. Specialty Pays.
(a) EMS Incentives and Seat Pay. Monetary incentives and seat pay shall be paid to the
sworn members of the South Bend Fire Department who meet the Fire Department's requirements
and are assigned to perform such special duties which are verified by the department. Unless
indicated otherwise, all specialty pays shall be prorated to the date of the regular assignment for
such specialty duty or duties and paid accordingly. A qualifying sworn member performing any
of the following specialties shall be paid at the highest certification/licensing only.
Assignment 2015 2016 2017
Field Training Officer(FTO) $850 $850 $850
Lead Paramedic Incentive $1,000 $1,000 $1,000
Qualified members of the South Bend Fire Department, who are assigned to fill minimum staffing
positions on a South Bend Fire Department ambulance or non-transport chase vehicle, shall be
paid the following seat pay stipends according to their highest certification/licensing level:
Certification/License 2015 2016 2017
Lead Paramedic $50.00 $50.00 $50.00
Non-Lead paramedic and below $42.25 $42.25 $42.25
These daily stipends shall be prorated to hours worked.
2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance
Page 4
(b) Special Operation Team Specialty Pays. The following specialty pays shall be paid to
the sworn members of the South Bend Fire Department who meet the Fire Department's
requirements for each specialty and who are regularly assigned to perform such special duties. All
specialty pays shall be prorated to the date of regular assignment for such special duty or duties
and paid accordingly. The following Special Operation Team Specialty Pays are established:
Type of Special Operation Team 2015 2016 2017
Hazardous Materials Team
Response Team Member $1,200 $1,200 $1,200
Team Leader $ 400 $ 400 $ 400
Swift Water Rescue Team
Scuba Diver $1,200 $1,200 $1,200
Specialist $ 600 $ 600 $ 600
Technician $ 500 $ 500 $ 500
Team Leader $ 400 $ 400 $ 400
Tactical Rescue Team
Response Team Member $1,200 $1,200 $1,200
Team Leader $ 400 $ 400 $ 400
(c) LEP Specialty Pay: A Limited English Proficiency(LEP) Program overseen by the
City's Human Resources Director or his/her designee shall monitor the Department's
requirements. All qualifying sworn members who meet the requirements and who are regularly
assigned to perform LEP duties shall be paid the following specialty pay in a lump sum in the last
payroll in December of each year of such assignment:
2015 2016 2017
Limited English Proficiency(LEP) $400 $400 $400
(d) Payment of Specialty Pays/Seat Pays. Unless indicated otherwise, specialty pays and
seat pays shall be paid on a bi-weekly basis.
Section V. Recall of Duty Pay and Emergency Duty Pay.
(a) In the event that a sworn member of the South Bend Fire Department is recalled for
duty, and he or she reports for duty, he or she shall be paid at the rate of one and one-half(1 %)
times the sworn member's hourly rate of pay and shall be guaranteed a minimum of two (2)hours
of work with pay. Any additional fraction of an hour over thirty(30)minutes shall constitute one
(1) hour for purposes of this paragraph.
(b) A sworn member of the South bend Fire Department who works emergency duty shall
be paid at the rate of one and one-half(1 %) time the sworn member's hourly rate and shall be
guaranteed a minimum of four(4)hours of work or pay.
2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance
Page 5
(c) In the event that a sworn member of the South Bend Fire Department is called to work
emergency duty for extra-alarm fires or disasters, seniority provisions will not apply. Recall will
be in accordance with procedures outlined in the official orders governing the dispatching of South
Bend Fire Department units for extra-alarm fire or disasters. In any emergency where personnel
with specialized skills are needed, seniority or procedural terms described in a Collective
Bargaining Agreement governing extra-duty or recall are not applicable. The Fire Chief or his or
her authorized designee may specify which off-duty personnel with specialized skills, including
but not limited to sworn members of the South Bend Fire Department's Hazardous Materials
Response Team, Swift Water Rescue Team, Tactical Rescue Team, or with needed medical
specialties.
Section VI. Working Out of Classification Pay.
If a sworn member of the South Bend Fire Department is temporarily assigned as a
Battalion Chief, Captain, Paramedic or Pump Engineer, that sworn member shall be paid while so
performing such duties at the rate of pay for that position,provided that the duty assignment is for
a minimum of four(4) consecutive hours as verified by a Working Out of Classification form, as
verified by the officer of the rig or the Battalion Chief.
Section VII.Longevity Pay.
(a) The Common Council hereby continues a longevity program for qualifying sworn
members of the South Bend Fire Department.
(b) Qualifying sworn members of the South Bend Fire Department holding the rank of
First Class Firefighter and above, who are employed by the South Bend Fire Department shall
received additional compensation in recognition of the cumulative years of service on the South
Bend Fire Department. Such longevity pay shall be paid in a lump sum in the last payroll period
in each of the months of December listed below, and shall be attributed to the annual salary base
for pension purposes. Longevity pay shall be as follows:
Cumulative Yrs of Service on SBFD Commencement Date 2015 2016 2017
5 to 10 years Beginning the 6th year $ 250 $ 250 $ 250
10-15 years Beginning the 11th year $ 550 $ 550 $ 550
15 to 20 years Beginning the 16th year $1,350
$1,550 $1,750
20 years and above Beginning the 21"year $2,000 $2,100 $2,500
2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance
Page 6
Section VIII. Station Allowance.
The South Bend Common Council shall budget a total monetary amount for a line-item station
allowance which incorporates realignment so that the concerns of the smaller and older fire stations
will be addressed and that minimum needed purchases can be made with proper approval. The
amount per station shall be as follows from this line-item:
Station Number 2015 2016 2017
# 1 $2,850 $2,850 $2,850
#2 $1,250 $1,250 $1,250
# 3 $1,250 $1,250 $1,250
#4 $1,250 $1,250 $1,250
# 5 $ 850 $ 850 $ 850
#6 $1,250 $1,250 $1,250
# 7 $1,250 $1,250 $1,250
# 8 $ 850 $ 850 $ 850
# 9 $ 850 $ 850 $ 850
# 10 $1,250 $1,250 $1,250
# 11 $1,250 $1,250 $1,250
Needed station purchases shall be approved by a majority vote of the assigned sworn members at
each fire station and shall be submitted by each House Captain for review, approval and purchase
by the Fire Chief and the City Controller. Such monies may not be carried over from year to year
and must be used by December 31'of each calendar year.
Section IX. Clothing/Uniform Allowance.
(a) Clothing/Uniform Allowance shall be in the following amounts for qualifying sworn
members of the South Bend Fire Department:
2015 2016 2017
$850 $850 $850
Clothing/Uniform Allowance shall be paid in four(4) equal payments payable on or about March
15th, June 15th, September 15th and December 15th of each calendar year.
(b) Clothing/Uniform Allowance shall be pro-rated to the date of termination of
employment for all qualifying sworn members of the South Bend Fire Department.
Clothing/Uniform Allowance shall not be paid during an individual's first year of employment
with the Department as a Firefighter Third Class or as a Firefighter Recruit. Clothing/Uniform
Allowance shall be pro-rated from a sworn member's first anniversary date until the end of that
calendar year.
2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance
Page 7
Section X. Other Monetary Benefits.
(a) Safety Officers. The regularly assigned Safety Officers shall receive, in addition to
his or her base salary,the sum of three thousand dollars ($3,00) in calendar year 2015; 2016; and
2017.
(b) 8-Hour Incentive Pay. An 8-hour Incentive Pay shall continue to be paid to those
individuals regularly assigned to work a forty(40)hour work-week[not to include temporary duty
assignments (TDY)]. The sum of $1,154 shall be paid to such qualifying individuals in the
following calendar years: 2015, 2016, 2017.
(c) Inspector/Instructor Pay. Those First Class Firefighters who are qualified and
regularly assigned [not to include temporary duty assignments (TDY)] as an Inspector/Instructor,
shall be provided with duty shirts and a badge, and shall be paid at the non-rank specialty pay as
an Inspector or Instructor.
(d) Shift Instructor Pay. Shift Instructors who are qualified and selected to teach on-duty
in-house instruction programs for rookie schools,driving, confined space rescue,rope techniques,
water safety, watercraft techniques, CPR, and other authorized department instruction, shall be
• paid at the rate of fifteen dollars ($15.00) per hour up to a maximum of$1,500 per year, with any
teaching thereafter requiring the approval of the Fire Chief, or his or her designee. ( Full-time
instructors and company training instructors shall be ineligible for any pay under this paragraph.
(e) Luther J. Taylor, Sr. Fire Safety Training Center 8-Hour Instructor Pay. An 8-hour
Instructor Pay shall to be paid to the individual regularly assigned to work a forty(40) hour work-
week [not to include temporary duty assignments (TDY)] at the Luther J. Taylor, Sr. Fire Safety
Training Center. The sum of three thousand dollars ($3,000) shall be paid per year in 2015, 2016,
and 2017 to the qualifying individual who is regularly assigned to work in this capacity each of
those years.
(f) Pay for Other Instructors. Other instructors who are qualified and selected to teach
specified on-duty in-house instruction programs for rookie schools,driving,confined space rescue,
rope techniques, water safety, watercraft techniques, CPR and other authorized departmental
instruction, shall be paid at the rate of fifteen dollars ($15.00) per hour, upon the approval of the
Fire Chief, or his or her designee. Said hourly rate shall be paid over and above the qualifying
individual's salary classification and shall be paid in a manner consistent with applicable
regulations of the State Board of Accounts. Full-time instructors and company training instructors
shall be ineligible for any pay under this paragraph.
(g) Pay for Certified SCBA Repair Specialists. Those sworn members of the South Bend
Fire Department who are qualified,certified and regularly assigned by the Fire Chief,or his or her
designee to perform self-contained breathing apparatus(SCBA)repairs, shall be paid at the rate of
fifteen dollars ($15.00)per hour up to a maximum of one thousand dollars($1,000.00) in any one
calendar year.
2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance
Page 8
(h) Critical Duty Day Stipends. In 2015, 2016, and 2017, the Critical Duty Day Stipend
shall be set at one-half(1/2)of an eligible sworn member's regular hourly rate plus longevity, but
not less than two hundred and four ($204.00) for the nine (9) Critical Duty Days which are
designated each calendar year by the Board of Public Safety. Such stipend may be pro-rated for
time actually worked with the eligible sworn member choosing among three (3)options which are
further addressed in the governing Collective Bargaining Agreement approved by the Board of
Public Safety.
(i) Deferred Compensation. The City of South Bend agrees to continue to maintain the
Deferred Compensation Program which became effective on January 1, 2997 for the South Bend
Fire Department. This program provides that for the first one hundred dollars ($100.00) deferred
by a sworn member of the Department each calendar year,the City of South bend will match said
amount $0.50 on the dollar, and for the next three hundred dollars ($300.00) deferred by a sworn
member of the Department each calendar year, the City of South Bend will match said amount,
dollar for dollar.
(j) Life Insurance. The City of South Bend shall continue to provide life insurance
coverage on all sworn members and upper level policy making positions of the South Bend Fire
Department in an amount equal to the amount of the sworn member's base pay or the upper level
policy making position's base pay.
(k) Health Insurance. Each active sworn member and upper level policy maker of the of
the South Bend Fire Department who has met the eligibility requirements shall have the
opportunity to participate in the City's comprehensive major medical insurance program. The
contribution of such individuals shall be no greater than the contribution of other City employees
receiving the same benefits, and the level of benefits shall be no less than the level for other City
employees. The bi-weekly contributions for health insurance coverage for active sworn members
and upper level policy makers of the South Bend Fire Department for calendar year 2015 shall be
as set forth on the attached Exhibit A, which is incorporated herein by reference.
Fire pensioners who are not members of South Bend Firefighters Association # 362 shall pay an
additional fifty dollars (50.00) per month over and above such rates, subject to the obligations of
Local#362 as maybe further addressed in an approved Collective Bargaining Agreement between
the City of South bend and Local#362 which provides that membership shall not be unreasonably
withheld. Said agreement shall remain in effect for 2015, 2016, and 2017, unless agreed to by a
Letter of Understanding approved by the Board of Public Safety.
(1) Program Coordinators. Any appointed Program Coordinator shall receive in addition
to his or her annual base salary, a maximum sum of three thousand dollars ($3,000.00) each year
that he/she serves in that capacity in 2015, 2016, and 2017.
2015,2016,and 2017 South Bend Fire Department Salaries/Monetary Fringe Benefits Ordinance
Page 9
Section XI. Education Tuition Reimbursement Program.
(a) The South Bend Common Council agrees to continue the Education Tuition
Reimbursement Program which originally began on January 1, 2005, for calendar years 2015,
2016, and 2017. Qualifying sworn members of the South Bend Fire Department participating in
the education Tuition Reimbursement Program shall be entitled to the following maximum dollar
amounts for course tuition and other expenses related thereto:
Course Grade Earned Maximum Amount To be Reimbursed by the City
A 100% of tuition costs and other expenses directly
related to said costs up to a maximum of$1,250
B 100%of tuition costs and other expenses directly
Related to said costs up to a maximum of$900
(b) Education tuition reimbursement shall be on a"first come,first serve basis", subject
to the maximum dollar amount budgeted by the South Bend Common Council for said program in
each of the calendar years 2015, 2016, and 2017. All Fire Department regulations governing such
program must be complied with by qualifying sworn members of the South Bend Fire Department
in order for an individual to be eligible to be paid under this program.
Section XII. 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 XIII. Effective Date.
•
This ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor. /
Derek D. Dieter, Council Member 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 Salaries and Monetary Fringe Benefits Ordinance
Page 10
Offic- of e City Clerk
aeeaFarsral by me to Pete Buttigieg, Mayor of the City of South Bend, Indiana, on the
:LYA L day of `;C:L ✓ , 2014, at(1:'o'clock . m
Janice T boom, Deputy Clerk
Office o he City Clerk
tifflatieedatide9;t1e, by me to Pete Buttigieg, Mayor of the City of South Bend,
Indiana, on the ` - day of (;} L-\-0 , 2014, at( 13 o'clock. m
Pete Buttigi eg a
City of South Ben., Indiana
1 st READING
ZL fy
Wed 1r r °ice
PUBuG HEAR= f nt r KRJCe j}(7t
1 r^T. 2/ 4014
3rd READING 10 ..7 _y --1‘i Q J- UL S- 1LN 4:s t
NOT APPROVItL
REFERRED 4__.01414 VOORDE
°ASSED. O ui t�III ( r S LC „, jtvittA OWRIC!oum ae NO,IN
Uy 01
t l F
Common Council
City of South Bend Indiana
Tim Scott,Common Council President
4'h Floor County-City Building
227 West Jefferson Boulevard
South Bend,Indiana 46601
(574)235-9321 (574)235-9173 Facsimile (574)235-5567 TTY/TDD
September 16, 2015
The South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for the South Bend
Fire Department
Dear Council Members:
On October 27, 2014, the South Bend Common Council passed Ordinance No. 10333-14, which established the
annual pay and monetary fringe benefits for all sworn members of the South Bend Fire Department for calendar
years 2015, 2016 and 2017. This action followed successful labor negotiations between the City Advisory
Negotiating Team which included Council Members Derek D. Dieter and Gavin Ferlic, members from the Fire
Department and City Administration working with our Agents who negotiated.with the Fire Union Negotiating
Team and their Agent.
As noted at the September 8, 2015 Personnel and Finance Committee when the South Bend Fire Department
budget for calendar year 2016 was presented, all annual pay amounts and monetary fringe benefits set forth in
their proposed budget reflect the exact amounts originally established in Ordinance No. 10333-14. The attached
ordinance re-affirms all of those monetary amounts and programs for the 2016 calendar year, which were
originally part of the ratified 3-year agreement.
I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for review and
recommendation and be set for 2nd & 3rd readings and public hearing at the October 12th Common Council
meeting. Thank you.
Most sincerely,
Tim Sc. , ouncil President
Attachment Filed fri
lice
cc: Fire Chief Steve Cox
Tim Curran, Fire Union Agent l ' t0151
Kathleen Cekanski Farrand, Council Agent ‘.77.
�tCtl'tIN `Veev.+;'ia1
CITY CLERK, CUTIi BEND,IN
•
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 2016
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council is required to fix the annual compensation of elected city
officers. Indiana Code § 36-4-7-2 authorizes the legislative body to carry out these
responsibilities.
This ordinance proposes a two percent (2 %) maximum increase for calendar year 2016 for the
nine-member Common Council.
Mr9rn, Exit ofe Liman calmed Idea caftvioroam
cirmd1ana aQ /aed:
Section I. The maximum salaries for the members of the South Bend Common Council for the
2016 calendar years shall be established as follows:
2015 2016
$18,291 $ 18,658
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 pu.lication.
Tim Scott, Council President
South Bend Common Council
cG.•
John Voorde, City Clerk
2016 South Bend Common Council Salary Ordinance
Page 2
a c *m e t o de agar Age a,' 9oa4 aremd S* on de
4,f , 20/Sat_aa/ato . m
Janice Talboom, Deputy City Clerk
oeed and 6 me to de✓im,Afe ?SS g?iM4 Jraia za an
de ? , 20/Sat_aclog$ .
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed in k!Cterk's Office
1st READING q_ Cr l
ti
PUBLIC HEARING
3 rd READING
NOT APPROVED CITY CLERK,SOUTH(JEW,IN
REFERRED -PASSED
r:Q4bliN?,�;ti,Lit Q a..
tail R °S
,Tua _
Common Council
City of South Bend Indiana
Tim Scott,Common Council President
4th Floor County-City Building
227 West Jefferson Boulevard
South Bend,Indiana 46601
(574)235-9321 (574)235-9173 Facsimile
(574)235-5567 TTY/TDD
September 16, 2015
The South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Proposed 2016 Council Member Salary Ordinance
Dear Council Members:
On September 9, 2015, I presented the proposed Common Council budget for the 2016 calendar
year before the Personnel and Finance Committee. I noted at that time, that the proposed budget
included a salary increase for members of the Common Council of 2%which would be an increase
of$367 over the current salary.
I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for
review and recommendation and be set for 2nd & 3rd readings and public hearing at the October
12th Common Council meeting. Thank you.
Most sincerely,
Tim - e ouncil President
South Bend Common Council
Attachment
cc: Office of the City Clerk
Filed in V_goils Office
aELP 1 NII
CITY CLERK,SOUTH i.JEND,IN
ORDINANCE NO.
BILL NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND
CITY CLERK FOR CALENDAR YEAR 2016
STATEMENT OF PURPOSE AND INTENT
The City Clerk serves as the Clerk of the Common Council pursuant to Indiana Code § 36-4-6-9
and is required to maintain custody of the Council's records. The City Clerk is also charged with
keeping the City Seal, administering official oaths, attending all regular and special meetings of
the Common Council, and performing other duties as may be required by the Common Council.
Indiana Code § 36-4-11-4 authorizes the City Clerk to appoint the "number of deputies and
employees authorized by the city legislative body", which are established by a separate ordinance.
The City Clerk currently manages a staff of four (4) employees, which includes overseeing the
Ordinance Violations Bureau.
The South Bend Common Council is required to fix the annual compensation of all elected city
officers pursuant to Indiana Code § 36-4-7-2. This ordinance proposes a two percent (2 %)
maximum increase for calendar year 2016 for the City Clerk.
Minn iv anitalnagohiie %msnn caYoane/L y{tliest f'.nd
Ada ae,fb etto:
Section I. The maximum salary for the City Clerk for the 2016 calendar years shall be established
as follows:
2015 2016
$58,300 $ 59,466
Section II. This ordinance shall be in full force and - -- fre•• .nd after its passage by the
Common Council, approval by the Mayor and -!al .u•lication.
Tim Scott, Council President
South Bend Common Council
2016 South Bend City Clerk Salary Ordinance
Page 2
John Voorde, City Clerk
f°�*A me to S 91400 y edFe y�(�. .nd tStana, on,de
dr? , 20/e5at &Mich_. m
Janice Talboom, Deputy City Clerk
,roedandu�nd4&me to S a�an?SC y'P9it1,4 Mad Seta an
drf , 20/Sat_oelaad .
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed irk ?D'ffi ee
I READING - � rIIII
rd READING
NOT APPROVED
CITY CLERK, IN
REFERRED
PASSED "'
jj> x
4.4011TH aft."
iL 'i ///.a:.tAi
4^•.. 8015 ..ff•
Office of the City Clerk
JOHN VOORDE, CITY CLERK
September 16, 2015
Councilmembers;
Submitted for your consideration is the ordinance that sets the salary for
South Bend City Clerk for the 2016 Calendar year. The amount requested mirrors the
2% raise granted for other city employees. Your favorable approval is hereby requested.
Respe
John Voorde, South Bend City Clerk
I Filed ¶ r Office
17LT
JC*iN .i.;..
CITY CLEW ti'i-'
455 County-City Building• 227 W.Jefferson Blvd • South Bend.Indiana 46601 • 574/235-9221 • Fax 574235-9173
KAREEMAH FOWLER JANICE TALBLOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
\S i\ [b , 5Y-I
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 2016
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 2016.
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 2016 shall be and hereby is established at$104,489.00.
Section II. This Ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor and any tibiiea • n required by law.
4
Member, South Bend Common Council
Attest:
SigniSigning g d an
ng l Y 5.uS m >t: R"wa0a a
City Clerk opparaniy fc
Could actico on rais Luta
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock_. m.
Deputy City Clerk
Approved and signed by me on the day of
2 , at o `clock .m.
Mayor, City of South Bend, Indiana
Filed in Ark's Office
1 sl READING `'Z" tiC! Z 20 16
PUBLIC HEARING
3 rd READING JOHN'%fob
NOT APPROVED crry ctEratc.,SOUTIltrab,IM
REFERRED - -
PASSED
1200N COUNTY-CITY BUILDING O� ', :I ,/ ,% PHONE 574/235-7678
227 W.JEFFERSON BLVD. it tj
\� : FAX 574/235-9928
`o W
SOUTH BEND,INDIANA 46601-1830 , \ ?..>)
ig 5....;"
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 16,2015
Mr. Tim Scott
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Setting the Mayor's Salary For 2016
Dear President Scott:
Attached is the 2016 salary ordinance setting the Mayor's salary. Under Indiana law, I.C. 36-4-7-
2(c),the Mayor's salary may not be reduced from the prior year's amount. This ordinance increases
the Mayor's 2016 salary by 2% over his 2015 salary which is the same as the proposed increase
for other employees.
I will present this Ordinance at the Council's Personnel &Finance Committee meeting and at the
public hearing. If you have any further questions or need additional information, please let me
know.
Thank you for your consideration.
Sincerely,
Jo,14 H. Murphy RF; h _ __-._
City Controller Filed [n " _ _ Ofice
r
JOIlIi' ty ' ;
CITY CLERK,$eti T h :END,IN
03V
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ORDINANCE NO.
BILL NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10328-14 FIXING THE
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. Those
provisions were set forth in an ordinance which had first reading on September 22, 2014, passed
by the Common Council on October 13, 2014, and approved by the Mayor on October 14, 2014.
This ordinance formally re-affirms all provisions of Ordinance No. 10328-14 in its entirety,
including the 3-page attachment to said ordinance for the 2016 calendar year, all of which are on
filed in the Office of the City Clerk.
Ni rghre, 4aaxdaUi itfrite mman sauna g{N(e " ?Viva
ire, ate:
Section I. The maximum wages of Teamster Employees for calendar years 2014, 2015, and 2016
set forth in Ordinance No. 10328 which was passed by the Common Council on October 13, 2014
and approved by the Mayor on Octoller 14, 2014 is hereby re-affirmed in its entirety, including
any and all attachments.. A copy of Ordinance No. 10328-14 is attached hereto and included
herein by reference.
Section II. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor and legal publication.
Member of the Common Council
Scniro;G4isosti to Prokitte
o ri-ottaitiy fci pul
Council action on ties
2016 Re-Affirmation Ordinance of the Maximum Wages of Teamster Employees
Page 2
Set
John Voorde, City Clerk
rxetionted f me Ia Ike ararelde car?Made Find Ada on Ike
daft- - . 20/Sat a'eloa/o . m
Janice Talboom, Deputy City Clerk
*weed afar ee *meta dte arato yfUFe 'ally,y Voirtat aren4 Jrndana, an
dlee 4j , 20/6'at_a Waif . m
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed in C rk's Office
let READING lJ
PUBLIC HEARING ro 2 3 2015
3 rd READING
NOT APPROVED
JOHN ,30`4` jD y .
REFERRED CITY CLERK,SOUTH BEND,IN
PASSED
runs 8�.,,1200N COUNTY-CITY BUILDING i / 'Ip , PHONE 574/235-7678
227 W.JEFFERSON BLVD. ° It / y` FAX 574/235-9928
• SOUTH BEND,INDIANA 46601-1830 Ica ...-:\ \N , v 1
- W -\nucs% y$
y 1865.
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 16, 2015
Mr. Tim Scott
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 Scott:
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 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,
li,1\0_,----
Jo . Murphy _
City Controller Filed in C'.N-'° 's Office
ceF? 2 'h nth
CITY CLe SOUTH LEND,IN
J
Ot
iv
ORDINANCE NO. 10 3 2-'-(y
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) Comprehensive Major Medical Insurance Program/Preferred
Provider 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 Mayor
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 lx 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. Fig time 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 Ill. Effective Date
This Ordinance shall be in full force a' • -ffec fr.•• - • after its passage
by the Common Council and approv=: • th -
-Cr • t Common Council
Attesst �•
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the T A day of
nen/ ,2014, at ( ( ■ 13 o'clock R. m.
Deputy ity Clerk
Approved and signed by me on the t((-kk day of cc->--0. , 2014, at
o 'clock p .m.
s,.<
Mayor, Cit zjaf out end, Indiana
•
Red in • ,‘
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PUBUC HEARING L. -t 3-t y
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NOT APPRO.VD g s,r tOrr.
. WV'ciamt,:van Et 'E- D,trA
REFERRED
PASSED if/
•
•
City of South Bend
2014-2016 Teamster Employees Wage Ordinance
Position Hourly Pay Rate Levels
January 15,2014
Amended
2013 2014 2.0% 2015 2.0% . 2016 2.0%
Position Title Rate$ Rate$ Increase Rate$ Increase Rate$ Increase
TRAFFIC AND LIGHTING DEPARTMENT
Staff Positions:
Group Leader,-Traffic&Lighting- 17.39 17.74. 2% 18.09 2% 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 I 17.31 17.66 2% 18.01 2% 18.37 2%
Signal Technician II 18.07 18.43 2% 18.80 2% 19.18 2%
Signal Technician II-Job Leader 18.73 19.10 2% 19.49 2% 19.88 2%
BUILDING MAINTENANCE
Staff Positions:
Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2%
General Laborer(Bldg Janitors) 15.11 15.41 2% 15.72 2% 16.03 2%
Maintenance Technician I(Bldg.Eng.) 19.28 19.67 2% 20.06 2% 20.46 2%
PARK AND RECREATION DEPARTMENT
•
Staff Positions:
Arborist I 18.20 18.56 2% 18.94 2% 19.31 2%
Arborist II 19.77 20.17 2% 20.57 2% 20.98 2%
Arborist/Weed Control 17.50 17.85 • 2% 18.21 2% 18.57 2%
Asst Greens Superintendent 17.76 18.12 2% 18.48 2% 18.85 2%
Athletic Field Maintenance 16.57 16.90 2% 17.24 2% 17.58 2%
Bldg Mtce-Custodian&Laborer 15.11 15.41 2% 15.72 2% 16.03 2%
Bldg&Structural Maintenance I 19.07 19.45 2% 19.84 2% 20.24 2%
Bldg&Structural Maintenance II 19.77 20.17 2% 20.57 2% 20.98 2%
Construction Maintence/Carpenter l. • 18.48 18.85 2% 19.23 2% 19.61 2%
Construction Maintenance/Carpenter II 19.07 19.45 2% •19.84 2% 20.24 2%
Construction Maintenance/Carpenter III 19.77 20.17 2% 20.57 2% 20.98 2%
,/ Construction Maintence/Mason 19.07 19.45 2% 19.84 2% 20.24 2%
Construction Maintenance/Welder 19.07 19.45 2% 19.84 2% 20.24 2%
Dietician 15.76 16.08 2% 16.40 2% 16.72 2%
Electrician-Park 19.77 20.17 2% 20.57 2% 20.98 2%
Equipment Operator II-Park 16.39 16.72 2% 17.05 2% 17.39 2%
General Laborer 15.11 15:41 2% 15.72 2% 16.03 2%
Group Leader r 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 I ' 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 I . 15.11 15.41 2% 15.72 2% 16.03 2%
Zoo Keeper II 15.93 16.25 2% 16.57 2% 16.91 2%
Zoo Keeper III 16.57 16.90 2% 17.24 2% 17.58 2%
Zoo Keeper IV 17.50 17.85 2% 18.21 2% 18.57 2%
Zoo Keeper/Grower 17.50 17.85 2% 18.21 2% 18.57 2%
Mechanic IV-Park-Garage 17.96 18.62 4% 18.99 2% 19.37 2%
Mechanic IV-Park-Golf • 17.96 18.62 4% 18,99 2% 19.37 2%
Operator I 15.92 16.24. 2%' • 16.56 2% 16.89 2%
Painter IV 17.96 18.32 2% 18.69 2% 19.06 2%
Plumber IV-Park 19.77 20.17 2% 20.57 2% 20.98 2%
Veterinarian Tech 18.20 18.56 2% 18.94 2% 19.31 2%
Zoo Maintenance . 16.57 16.90 2% 17.24 2% 17.58 2%
2014 Teamster Wage Rates for Salary Ordinance
Page 1 of3
•
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 I 15.92 16.24 2% 16.56 2% • 16.89 2%
Equipment Operator II 16.48 16.81 2% 17.15 2% 17.49 2%
Equipment Operator III 17.12 17.46 2% 17.81 2% 18.17 2%
General Laborer 15.11 15.41 2% 15.72 2% 16.03 2%
•
Heavy Equipment Operator I 17.76 18.12 2% 18.48 2% 18.85 2%
Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2%
Job Leader(1) 18.73 19.10 2% 19.49 2% 19.88 2%
EQUIPMENT SERVICES
•
Staff Positions:
Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2%
Body Repair IV 18.26 18.63 2% 19.00 2% 19.38 2%
Body Repair V 19.27 19.66 2% 20.05 2% 20.45 2%
General Laborer(Janitor) 15.11 15.41 2% 15.72 2% 16.03 2%
Machinist IV 18.26 18.63 2% 19.00 2% 19.38 2%
Machinist V 19.27 19.66 2% 20.05 2% 20.45 2%
Mechanic III - 17.42 17.77 2% 18.12 2% 18.49 2%
Mechanic IV 18.25 18.62 2% 18.99 2% 19.37 2%
Mechanic V 19.27 19.66 2% 20.05 2% 20.45 2%
Parts Clerk I 16.43 16.76 2% 17.09 2% 17.44 2%
Parts Clerk II(2) 17.17 17.27 1% 17.62 2% 17.97 2%
SOLID WASTE
Staff Positions:
Driver 17.10 17.44 2% 17.79 2% 18.15 2%
Operator I 15.92 16.24 2% 16.56 2% 16.89 2%
Operator II 16.24 16.56 2%. 16.90 2% 17.23 2%
Equipment Operator III(Code) 16.73 17.06 2% 17.41 2% 17.75 2%
Job Leader 18.70 19.07 2% 19.46 2% 19.84 2%
Picker I 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 I 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%
r
WASTEWATER
Staff Positions:
CSO Rep I 17.46 17.81 2% 18.17 2% 18.53 2%
CSO Rep II 18.20 18.56 . 2% 18.94 2% 19.31 2%
Dewater Operator 18.20 18.56 2% 18.94 2% 19.31 '2%
General Laborer 15.11 15:41. 2% 15.72 2% 16.03 2%
Janitor 15.21 15.51 2% 15.82 2% 16.14 2%
Lift Station-Rep I 18.20 18.56 2% - 18.94 2% 19.31 2%
Lift Station-Rep II 18.97 19.35 2% 19.74 2% 20.13 2%
Maintenance Electrician I 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 I 17.46 17.81 2% 18.17 2% 18.53 2%
•
2014 Teamster Wage Rates for Salary Ordinance Page 2 of 3
•
•
City of South Bend
2014-2016 Teamster Employees Wage Ordinance
Position Hourly Pay Rate Levels •
January 15,2014 .
Amended
2013 2014 2.0% 2015 2.0% 2015 2.0%
Position Title Rate$ . Rate$ Increase Rate$ Increase Rate$ Increase
•
Maintenance Repair II 18.20 18.56 2% 18.94 2% 19.31 2%
Maintenance Repair III 18.97 19.35 2% 19.74 2% 20.13 2%
Maintenance Repair IV 19.72 20.11 2% 20.52 2% 20.93 2% •
Operator-General 18.20 18.56 2% 18.94 2% 19.31. 2%
Operator-Lead 21.22 21.64 2% 22.08 2% 22.52 2%
Operator-Senior 18.97 19.35 2% 19.74 2% 20.13 2%
Operator I-Wastewater 16.63 16.96 2% 17.30 2% 17.65 2%
Relief Operator 16.71 17.04 2% 17.39 2% 17.73 2%
Sanitation Operator 15.88 16.20 2% 16.52 2% 16.85 2%
SEWER DEPARTMENT .
Staff Positions:
Curb&Sidewalk Finisher(3) 18.50 18.87 2% 19.25 2% . 19.64 2%
Heavy Equipment Operator I • 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 I 15.92 16.24 2% 16.56 2% 16.89 2%
Operator II 16.48 16.81 2% 17.15 2% 17.49 2%
Operator III 16.57 16.90 2% 17.24 2% 17.58 2%
WATER WORKS
. Staff Positions:
Auditor I-Barg. 16.30 16.63 2% 16.96 2% 17.30 2%
Auditor II-Barg. 17.37 17.72 2% 18.07 2% 18.43 2%
Auditor III-Barg. 18.75 19.13 2% 19.51 2% 19.90 2%
Auditor IV-Barg. 19.13 19.51 2% 19.90 2% 20.30 2% '
Clerk Dispatcher III 16.81 17.15 2% 17.49 2% 17.84 2%
Shut off Clerk 15.05 15.35 2% 15.66 2% 15.97 2%
Courier/Supply Clerk 16.55 16.88 2% 17.22 2% 17.56 2%
Crew Chief 16.51 16.84 2%. 17.18 2% 17.52 2%
Customer Service&Billing - 15.33 15.64 2% 15.95 2% 16.27 2%
Data Processor 16.93 17.27 2% 17.61 2% 17.97 2%
Engineering Aide III 18.02 18.38 2% 18.75 2% 19.12 2%
Field Repairman/Insp I 17.78 18.14 2% 18.50 2% 18.87 2%
Field Repairman/Insp II . 18.02 18.38 2% 18.75 2% 19.12 2%
Field Repairman/Insp III 18.24 18.60 2% 18.98 2% 19.36 2%
GenerafLaborer 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 I 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 I 16.53 16.86 2% 17.20 2% 17.54 2%
Maintenance Tech II 16.99 17.53 3% 18.08 3% ' 18.64 3%
Meter Serviceman III 16.19 16.51 2% 16.84 2% 17.18 2%
Meter Serviceman IV 16.81 17.15 • 2% 17.49 2% 17.84 2%
Operator 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%eachyeer for 2014 through 2016.
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2014 Teamster Wage Rates for Salary Ordinance f Page 3 of 3
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SOUTH BEND,INDIANA 46601-1830 `- ,y o $/
1865,
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 17, 2014
Mr. Oliver Davis
President, South Bend Common Council
4t1 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,
J H. Murphy
City Controller
7 / [U14 is
:
t ctn et,Ef:
Go -(
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 2016
STATEMENT OF PURPOSE AND INTENT
This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City
of South Bend for the calendar year 2016. Salaries will be paid pursuant to the budget approved by the
Common Council. The budgeted number to be paid may be less than the maximum amounts 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.
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 2016. The provisions of the City's Personnel Policies and
Procedures Manual as it may be amended from time to time shall apply and are incorporated
herein by reference.
(b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's
Personnel Policies and Procedures Manual as it may be amended from time to time,
incorporated herein by reference.
(c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by
reference in its entirety.
(d) Insurance.
(1) Comprehensive Maior Medical Insurance Program. The City shall maintain a
comprehensive major medical insurance program in which, subject to Section III
herein, non-bargaining employees regularly scheduled to work 30 hours or more per
week may participate under the rules and guidelines of the plan document. All
employees receive a copy of a plan document each year.
(2) Short and Long Term Disability. Short and Long Term Disability shall be as set
forth in the City's Personnel Policies and Procedures Manual,as it may be amended
from time to time, which is incorporated herein by reference.
(3) Payment for Election to Leave Employer's Comprehensive Maior Medical
Insurance Program. The City shall pay one hundred and thirty ($130) per month
($65 bi-weekly)to any Employee who elects to leave the City's comprehensive major
medical insurance program to be covered by another program for which the City
makes no contribution. This election shall not be mandatory,and the Employee who
made such election may return to the City's comprehensive major medical Insurance
Program, provided that the conditions are a Qualifying Life Event or Open Enrollment
of the City's Comprehensive Major Medical Insurance Program, and the
contributions specified herein are made,but in such event said Employee shall forfeit
the one hundred and thirty dollar($130) payment per month thereafter.
(4) Life Insurance. The City shall provide term life insurance coverage in an amount lx
annual salary rounded up to the nearest$1,000 for each benefit eligible employee
except for Police and Fire which are at set forth in the collective bargaining
agreement. Such insurance shall become effective upon the award of a group life
insurance bid by the Board of Public Works, or upon the beginning of the plan year,
whichever is later.
(5) Benefit Waiting Period. The City notes that life insurance and comprehensive
major Medical Insurance programs require a minimum eligibility period of thirty(30)
days; and that the long-term disability program requires a minimum ninety(90)day
eligibility period which must be met.
(e) Hiring Bonus.The Mayor, may, at his/her discretion,offer a Hiring Bonus to a new employee
as an incentive for the employee to accept the position offered.This Bonus will be paid to the
employee in addition to the salary set forth in the Salary Ordinance. The range of these
monetary bonuses will be from one hundred ($100)to four thousand dollars ($4,000).
(f) 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 dollars($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 dollars ($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 is subject to appropriation by the Common Council before any such bonus
or assistance may be paid.
I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for
employees in PERF covered positions under certain conditions. The 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, conditions and
limitations of each benefit program. However, solely for purposes of qualification for health
care benefits under the federal Patient Protection and Affordable Care Act (the Act) as
amended,the definition of full time employee shall be the equivalent of that which is provided
in the Act, and this Section shall not be construed to be in conflict with the Act.
(b) Part-Time Employee. Part-time employees are those employees who are not assigned to a
full-time status as defined by the City including those who qualify for health care benefits
under the Act, but who do not meet the City's definition of full-time employee under subpart
(a)of this Section,and who are scheduled to work less than the City of South Bend's full-time
schedule, not to exceed one thousand five hundred and eight(1,508)hours per year. While
they do receive certain mandated benefits(such as worker's compensation, social security
benefits,and for some, health care under the Act),they are not eligible for other City benefit
programs with the exception of the positions listed below:
All Attorneys employed in the City's Legal Department in part-time positions as well as all
elected Council members, are eligible for participation in all of the Employer's Benefit
Programs.
Section IV. Policies and Procedures Manual Availability
Two (2) copies of the City's Personnel Policies and Procedure Manual and/or Employee Handbook shall be
kept on file and made available for public inspection during regular hours in the office of the City Clerk on the
4th Floor of the County-City Building, South Bend, Indiana.
Section v. Effective Date
This Ordinance shall be in full force and effect from and after its passage by the Common Council and
approved by the Mayor.
Member of the Common Council
c, r, an
,� and
Council actin ,^ '61 la .
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2015, at o'clock_ M.
Deputy City Clerk
Approved and signed by me on the day of , 2015, at
O 'clock .m.
Mayor, City of South Bend, Indiana
Filed in C'',° 'S Office
1:t READING �.Z,�-l � SEP 22 2015
PU'1 UC HEARING
■ )
3 rd READING '
P.:OT APPROVill JSFtt{,
GI7'4'�L'r,F�t.,Sr.3eS'S'*:'''.�s^0,F?E
' :;'ERRED - .__...__._._._.._.___......_,...... _._-_..4,.
-ASSED .,,
City of South Bend,Indiana
2016 Nonbargalning Salary Ordinance Schedule
Maximum Salaries -
26 pay dates
2011 2012 2013 2014 2015 2016 2016
Job Title Status note Sala Sala Sala Sala Sala Sala %Increase
Full-Time Positions
311 Customer Service Liaison Full Time 11 new 40,500 41,310 42,136 42,979 2.00%
311 Customer Service Liaison II Full Time 77 new 43,788 44,664 2.00%
Academic Coordinator-CB Center Full Time 46 31,337 31,980 32,620 title change 0.00%
Academic Coordinator-MLK Center Full Time 46 35,623 36,348 37,075 title change 0.00%
Accounting Assistant Full Time 37,976 38,740 39,515 40,305 41,111 41,933 2.00%
Accounting Clerk IV Full Time 29,574 30,186 30,790 31,406 32,034 32,674 2.00%
Accounts Payable Administrator Full Time 58 31,111 31,746 32,381 33,029 33,689 34,363 2.00%
Administrative Assistant I Full Time 43 35,259 35,984 36,704 37,438 38,187 38,950 2.00%
Administrative Assistant I-DCI(Adm&Finance Team) Full Time 5,63 new 27,487 eliminated 0.00%
Administrative Assistant II Full Time 67 36,313 37,050 37,791 38,547 39,318 40,104 2.00%
Administrative Assistant II-DCI(Adm&Finance Team) Full Time 5,63 new 30,869 eliminated 0.00%
Administrative Assistant III-DCI(Adm&Finance Team) Full Time 5 new 36,704 37,438 38,187 38,951 2.00%
Administrative Assistant Ill-DCI(Neigh.Engagement Team) Full Time 5,28 new 36,704 37,438 38,187 38,951 2.00%
Analyst l-DC1(Building Development Team) Full Time 101 new 42,468 100.00%
nalyst l-DCI(Neighborhood Engagement Team) Full Time 5 new 40,019 40,819 41,636 42,468 2.00%
nalystll-DCI(Economic Resources Team) Full Time 5 new 45,390 46,298 47,224 48,168 2.00%
nalystll-DCI(Neighborhood Engagement Team) Full Time 5 new 45,390 46,298 47,224 48,168 2.00%
nimal Control Assistant Full Time 30,620 31,252 31,877 32,515 33,165 33,828 2.00%
nimal Control Officer Full Time 30,845 31,486 32,116 32,758 33,413 34,081 2.00%
nimal Control Officer Senior Full Time 31 34,084 34,788 35,484 title change 0.00%
ssistant City Attorney Full Time 67,143 68,510 69,880 71,278 72,704 74,158 2.00%
ssistant City Attorney/Claims Adjuster Full Time 65 new 72,704 74,158 2.00%
ssistant City Engineer Full Time 3 68,583 73,060 74,521 76,011 77,531 79,082 2.00%
ssistant Director of Administration&Marketing Full Time 36,63 45,276 46,202 47,126 title change - 0.00%
ssistant Director of Administrative Services Full Time 41 49,149 50,154 51,157 title change 0.00%
ssistant Director of Booking&Event Operation Full Time 36,63 42,864 43,732 44,607 title change 0.00%
ssistant Director of Communication Center Full Time 21 44,185 45,084 50,000 51,000 52,020 53,060 2.00%
ssistant Director of Community and Economic Development Full Time 5,63 55,624 56,758 title change 0.00%
ssistant Director of Distribution Full Time 45,651 46,566 47,497 48,447 49,416 50,405 2.00%
ssistant Director of Human Resources Full Time 63 50,366 51,376 52,404 53,452 54,521 55,611 2.00%
ssistant Director of MPAC Financial Reporting Full Time 36,63 43,936 44,824 45,720 46,635 47,568 48,519 2.00%
ssistant Director of Recreation Full Time 29 50,219 51,246 52,271 55,000 56,100 57,222 2.00%
ssistant Director of Treatment Full Time 45,393 46,306 47,232 48,177 49,140 50,123 2.00%
ssistant Director of Utilities Full Time 75,107 new 76,000 81,500 7.24%
ssistant Executive Director-DCI (Business Development Team) Full Time 5,100 new 81,600 83,232 84,897 94,000 10.72%
ssistant To The Mayor Full Time 4,63 64,136 title change 0.00%
ssistant Zoning Administrator Full Time 29,66,72 51,293 52,338 53,385 57,122 eliminated 0.00%
ssociate I-DCI-(Adm&Finance Team) Full Time 5 new 50,786 51,802 52,838 53,895 2.00%
ssociate I-DCI-(Business Development Team) Full Time 5 new 50,786 51,802 52,838 53,895 2.00%
ssociate I-DCI-(Economic Resources Team) Full Time 5 new 50,786 51,802 52,838 53,895 2.00%
ssociate I-DCI-(Neighborhood Engagement Team) Full Time 5 new 50,786 51,802 52,838 ' 53,895 2.00%
ssociate I-DCI-(Planning Team) Full Time 5 new 50,786 51,802 52,838 53,895 2.00%
ssociate II-DCI-(Adm&Finance Team) Full Time 101 new 58,228 100.00%
ssociate II-DCI-(Economic Resources Team) Full Time 5 new 54,870 55,967 57,087 58,228 2.00%
ssociate II-DCI-(Neighborhood Engagement Team) Full Time 5 new 54,870 55,967 57,087 58,228 2.00%
ssociate II-DCI-(Planning) Full Time 5 new 55,967 57,086 58,228 2.00%
ssociate Ill-DCI-(Business Development Team) Full Time 5 new 59,537 60,728 61,942 63,181 2.00%
ssociate Ill-DCI-(Economic Resources) Full Time 5 new 60,728 61,943 63,181 2.00%
ssociate Ill-DCI-(Neighborhood Engagement Team) Full Time 5 new 59,537 60,728 61,942 63,181 2.00%
udget Analyst-Senior Full Time 80 new 60,000 61,200 2.00%
uilding and Code Inspector Full Time 42 new 47,000 47,940 48,899 2.00%
uilding Commissioner Full Time 29,66 76,279 77,818 79,374 84,930 86,629. 88,361 2.00%
uilding Inspector Full Time 97 42,345 43,212 44,076 44,958 45,857 46,774 2.00%
usiness Analyst Full Time 44 new 49,000 49,980 50,980 2.00%
usiness License Administrator Full Time 28 new 31,070 31,691 title change 0.00%8
AD Specialist-Senior Full Time 34 43,015 43,888 44,766 eliminated 0.00%
2016 wnnbargabing Salary ominance 9/18/2015
Page 1
City of South Bend,Indiana
•
2016 Nonbargaining Salary Ordinance Schedule
Maximum Salaries
26 pay dates
2011 2012 2013 2014 2015 2016 2016
Job Title Status note Salary Salary Salary Salary Salary Salary %Increase
CED Specialist 11 Full Time 5,63 36,305 37,050 title change 0.00%
CED Specialist Senior Full Time 5,63 52,736 53,794 title change 0.00%
CED Specialist VI Full Time 5,63 48,793 49,790 title change 0.00%
Chemist Full Time 43,975 44,876 45,774 46,689 47,623 48,575 2.00%
Chemist Lead Full Time new 47,736 48,691 49,665 50,658 51,671 2.00%
Chemist/Safety Officer Full Time 112 44,021 44,902 45,800 46,716 47,650 title change -100.00%
Chief Building Inspector Full Time 29 new 55,000 56,100 57,222 2.00%
Chief Code Inspector Full Time 29,66,103 44,423 45,318 46,224 49,460 50,449 eliminated -100.00%
Chief Deputy City Clerk Full Time
44,996 45,916 46,834 47 98,316 49,701 2.00%
Chief Innovation Officer Full Time 65 new new 98,318 100,284 2.00%
Chief of Staff to the Mayor Full Time 3,4,29,66 new 65,442 66,751 71,424 72,852 74,310 2.00%
Chief Technology Officer Full Time 71 new 98,318 100,284 2.00%
City Clerk Secretary Full Time 29,658 30,264 30,869 31,487 32,116 32,759 200%
City Controller Full Time 3,26 84,228 94,500 96,390 96,390 98,318 100,284 2.00%
City Engineer Full Time 3,26 74,909 94,500 96,390 96,390 98,318 100,284 2.00%
Clerk Terminal Operator Full Time 25,984 26,520 27,050 27,591 28,143 28,706 2.00%
Club Pro Municipal Golf Course Full Time 44,580 45,474 46,383 47,311 48,257 49,223 2.00%
Code Inspector Full Time 103 36,285 37,024 37,764 38,520 39,290 40,076 2.00%
Code Inspector-Senior Full Time 103 new 42,583 100.00%
Collection Specialist Full Time 35 31,367 32,006 32,646 title change 0.00%
Commercial Combination Inspector Full Time 96 new 49,113 100.00%
Communication Specialist I Full Time 21 29,131 30,888 33,500 34,170 34,853 35,550 2.00%
ommunication Specialist II Full Time 21 32,676 34,528 41,500 42,330 43,177 44,040 200%
ommunication Specialist Ill Full Time 21 32,836 35,022 43,000 43,860 44,737 45,632 2.00%
orporation Counsel Full Time 3,22,26 new 94,500 96,390 96,390 98,318 100,284 200%
cud Liaison Full Time 30,996 31,616 32248 32,893 33,551 34,222 200%
rime Analyst Full Time 33,936 34,632 35,325 36,031 36,752 37,487 200%
rime Lab Firearms Examiner Full Time 51,714 52,754 53,809 54,885 55,983 57,103 200%
ustodian Full Time 22,152 22,620 23,072 23,533 24,004 24,484 200%
ustomer Service Coordinator Full Time 8 37,789 38,558 39,329 40,116 40,918 41,736 2.00%
eta Analyst Full Time 65 new 50,000 51,000 2.00%
eta Entry/Alarms Coordinator Full Time 28,234 28,808 29,384 29,972 30,571 31,183 200%
ate Entry Records Coordinator Full Time 92 31,894 32,552 33,203 33,867 34,544 title change -100.00%
ale Entry Specialist II Full Time 27,707 28,262 28,827 29,404 29,992 30,592 2.00%
epartmental System Specialist Full Time 42,351 43,212 44,076 44,958 45,857 46,774 2.00%
eputy Chief of Staff to the Mayor Full Time 3,4,29,66 new 62,170 63,413 67,852 69,209 70,593 2.00%
eputy City Clerk Full Time 69 38,543 39,338 40,125 40,927 43,246 44,111 2.00%
eputy City Controller Full Time 29,66 new 72,000 73,440 78,581 80,153 81,756 2.00%
eputy Director of Public Works Full Time 33 new 90,000 91,800 93,636 2.00%
eputy Mayor Full Time 37 new 98,000
eputy Parks&Recreation Director 0.00%
Full Time 14 61,483 62,738 67,000 68,340 69,707 71,101 2.00%
esign/Plan Review Specialist Full Time 54,080 55,172 56,275 57,401 58,549 59,720 200%
igital(Forensic)Lab Technician Full Time 17 32,896 33,566 34,237 34,922 35,621 36,333 200%
irectorl-DCI-(Adm/Finance Team) Full Time 5 new 63,913 65,191 66,495 67,825 200% •
irectorl-DCI-(Planning Team) Full Time 5 new 63,913 65,191 66,495 67,825 2.00%
irectorl)-DCI-(Economic Resources Team) Full Time 5, 100 new 69,721 71,115 72,538 76,000 477%
irector II-DCI-(Neighborhood Engagement Team) Full lime 5,100 new 69,721 71,115 72,538 76,000 4.77%
irectorl)-DCI-(Planning Team) Full Time 67,100 new 71,115 72,537 76,000 4.77%
irector of311 Customer Service Full Time 11,60,66 new 52,000 55,640 56,753 57,888 200%
irector of Administrative Services Full lima 30 55,864 56,992 58,132 title change 0.00%
irector of Administrative Services-Parks - Full Time 76 55,864 56,992 58,132 59,294 eliminated 0.00%
irector of Booking&Event Services Full Time 87 - title change 57,665 100.00%
ire ctorof Box Office Services Full Time 85 title change 57,665 100.00%
irector of Central Services Full Time 29,66 67,011 68,354 69,721 74,601 76,093 77,615 200%
irector of City Finance Full Time 66,300 67,626 68,979 70,358 71,765 73,201 2.00%
irector of Code Enforcement Full Time 29,66 67,867 69,238 70,623 75,567 77,078 78,620 200%
irector of Communication Center Full Time 29,66 54,334 55,432 56,541 60,499 61,709 62,943 200%
'fedora Communications Full Time 2,3 57,181 58,344 59,511 60,701 61,915 63,153 2.00%
2316Nanberaa/nirasaiayordnance 9/18/2015
Paget
•
SUBSTITUTE
City of South Band,Indiana
2016 Nonbargaining Salary Ordinance Schedule
Maximum Salaries
26 pay dates
2011 2012 2013 2014 2015 2016 . 2016
Job Title Status ' note Sala Sala Sala Sala Sale Sala '%Increase
Director of Communication Center Full Time 29,66 54,334 55,432 56,541 60,499 61,709 62,943 2.00%
Director of Communications Full Time 2,3 57,181 58,344 59,511 60,701 61,915 63,153 2.00%
Director of Communications&Radio Full Time' 51,310 52,338 53,385 54,452 55,542 56,652 2.00%
. Director of Communications Public Works Full Time 8,95 new 39,642 40,435 41,244 eliminated -100.00%
Director of CommunityDevelopment Full Time 5,63 67,011 68,354 title change 0.00%
• Director of Community Outreach - Full Time 21,29,82 new 45,000 49,500 50,490 55,000 8.93%
Director of CSO Project Management Full Time 71,292 72,722 74,176 75,660 77,173 - 78,717 2.00%
Director of Customer Service&Billing Office Full Time 108 ' . new . 66,000 100.00%
Director of Development-Parks Full Time 76 ' 55,322 56,446 57,575 58,726 eliminated 0.00%
Director of Distributions Full Time 57,276 58,422 59,590 60,782 . 61,998 63,238 2.00%
Director of Economic Development . Full Time 5,63 67,011 68,354 title change 0.00%
Director of Energy Conservation Full Time 38 68,016 69,394 70,782 title change 0.00%
Director of Finance(Park Administration) Full Time . 55,322 56,446 57,575 58,726 59,901 61,099 2.00%
Director of Finance(Public Works) Full Time 63,240 64,506 65,796 67112 68,454 69,823 2.00%
Director of Finance(Water Utility) Full Time 57,931 59,098 60,280 61,486 - 62,715 63,970 2.00%
Director of Financial&Program Management' Full Time 5,63 61,410 62,660 title change - 0.00%
Director of Financial Services Full Time 54,090 55,172 56,275 57,401 58,549 59,720 2.00%
Director of Golf Operations . Full Time 55,864 56,992 58,132 59,294 60,480 ' 61,690 2.00%
Director of Human Resources Full Time 3 61,910 80,002 81,602 83,234 84,899 86,597 2.00%
Director of Human Rights Full Time 29,66 53,186 54,262 55,347 59,221 60,405 61,614 2.00%
Director of Information Technology. Full Time 3,71 67,011 87,000 ' 88,740 96515 eliminated 0.00%
Director of Marketing&Promotions Full Time 36 49,502 50,518 51,528 5Z559 53,610 54,682 2.00%
Director of Office of Sustainability Full Time 38,66 new 75,737 77,252 78,797 2.00%
Director of Parks&Recreation Full Time 74,047 75,530 77041 title change 0.00%
DirectorbfPublic Works Full Time 3,26 81,135 108,248 ' 116413 110,413 112,621 114,874 2.00%
Directorof Records Bureau • Full Time 88 41,616 42,458 43307 ' 44,173 45,057 47,797 6.08%
Director of Safety&Risk Full Time 40,66 • new 56,753 57,888 59,046 ' ' 2.00% •
Director of SCADA Information Systems Full Time 45 new 72000 73,440 74,909 2.00%
Director of Secretarial Services Full Time 1 47,136 48,100 49,062' title change 0.00%
Director of Streets&Sewers Full Time 29,66,106 68,193 69,576 70,968 75,936 '77455 . 81,500 5.22%
Director of Treatment Full Time' 53,881 54,964 56,063 57,185 58,328 - 59,495 2.00%
Director of Utilities Full Time 74 new 96000 91,800 - Z00%
Director f Utility Safety Full Time 112 - new 53,500 2.00%
Director of Wastewater Full Time 61 66,065 67,392 68,740 title change 0.00%
Director of WestewaterMaintenance Full Time 114 58,695 59,878 61,076 62,297 63,543 70,000 10.16%
Director of Water Quality&Laboratory Full Time 110 new 70,000 , 100.00%
Director of Water Works . Full Time 29,75 67,011 68,354 69,721 81,000 eliminated 0.00%
'Director of Zoo Full Time 55,822 56,940 58,079 59,241 50,426 61,634 - 2.00%
Distribution Records Drafter • Full Time 36,780 37,518 38,268 39,034 39,814 40,611 2.00%
Distribution System Specialist Full Time 109 new 66,000 100.00%
Diversity Compliance/Inclusion Officer Full Time 24,90 41,600 . 42,432 43,281 75,000 73.29%
• Division Director of Environmental Services ' Full Time 29,61,6674 70,227 71,656. 73,089 • 78,205 eliminated 0.00%
Engineer Aide IV Full Time 36,780 37,518 38,268 39,034 39,814 40,611 Z00%
Engineer) Full Time 65
Engineer II - - - new 64,000 65,280 2.00%
Full Time 37,789 38,558 66,990 68;329 69,696 71,090 0.00%
Engineer Inspector Full Time 32 37,789 38,558 39,329 title change • 0.00%
Event Service Technician I Full Time 24,449 24,960 25,459 25,968 26,488 27,018 . 2.00%
Event Service Technician ll Full Time 27831 28,392 28,960 29,539 30,130 30,732 2.00%
Evidence Technician Full Time 88 33,948 35,542 36,253 .36,978 37,717 46010 6.08%
Executive Administrative Assistant Full Time 105 new •40,508 100.00%
Executive Assistant Full Time 43 - new 45,000 45,900 ,46,818 2.00%
Executive Assistant-DCI-(Adm&Finance Team) Full Time 65 new 51,044 52,065 2.00%
Executive Assistant and Director of Special Projects Full Time 1,3,62 47,136 48,100 49,062 56043 51,044 52,065 2.00%
• Executive Director Department of Community Investment Full Time 3,5,26 90,941 94,500 96,390 96,390 98,318 100,284 2.00%
Executive Director Moms Pedonning Arts Center Full Time 29 73,772 75,270 76,775 90,000 91,800 93,636 2.00%
Financial Specialist I Full Time 31,111 31,746 32,381 33,029 33,689 - 34,363 2.00% •
Financial Specialist II Full Time 33,934 34,632 35,325 36,031 36,752 37,487 2.00%
2018 Mobs/gal4Ng saJery onmanae 10/5/2015
Page 3
City of South Bend,Indiana
2016 Nonbargalning Salary Ordinance Schedule
Maximum Salaries
26 pay dates
2011 2012 2013 2014 2015 2016 2016
Job Title Status note Sala Sala Sala Sala Sala Sala %Increase
Financial Specialist Senior Full Time 48,077 49,062 50,043 51,044 52,065 53,106 200%
Fingerprint/Photo Technician Full Time 32,896 33,566 34,237 34,922 35621 36,333 2.00%
Fiscal Officer Full Time 41 new 52,180 53,224 54,288 2.00%
Fiscal Officer/Business Analyst Full Time 65 new 54,570 55,661 56,775 2.00%
Foreman IV Full Time 37,101 37,856 38,613 39,385 40,173 40,977 200%
Foreman V Full Time 56 41,829 42,666 43,519 • 44,390 45,278 46,183 2.00%
General Zoo Curator Full Time 46,079 47,008 47,948 48,907 49,885 50,883 200%
GIS Manager Full Time 54,913 56,030 57,151 55294 59,459 60,649 2.00%
GIS Specialist-Senior Full Time 44,464 45,370 46,277 47,203 48,147 49,110 2.00%
Greenskeeper Full Time 40,337 41,158 41,981 42,821 - 43,677 44,551 2.00%
Hearing Secretary Full Time 104 new 38,694 100.00%
Housing Specialist Senior Full Time 5,63 49,447 50,440 title change 0.00%
Housing Specialist V Full Time 5,63 41,918 42,770 title change 0.00%
Housing Specialist VI Full Time 5,63 44,509 45,422 title change 0.00%
Human Resource Generalist-Senior(Public Safety Focus) Full Time 91 new 60,000 100.00%
Human Resources Generalist Full Time 65 new 33,000 33,660 2.00%
Human Resources Generalist/Benefits Coordinator Full Time 89 new 40,000 100.00%
Human Resources Specialist IV Full Time 13,63 42,056 42,900 43,758 44,633 45,526 46,436 200%
Industrial Pretreatment Specialist I Full Time 46,818 47,762 48,717 49,692 50,685 51,699 2.00%
Intake Officer/Investigator Full Time 31,014 31,642 32,275 32,920 33,579 34,250 2.00%
Internal Auditor Full Time 63 53,581 54,678 55,772 56,887 58,025 59,185 200%
Inventory Control Technician ll Full Time 32,653 33,332 33,999 34,679 35,372 36,080 200%
Investigator II Full Time 35,543 36,270 36,995 37,735 38,490 39,260 2.00%
Investigator Ill Full Time new 38584 39,356 40,143 40,946 41,765 2.00%
Investigator IV Full Time 40,073 40,898 41,716 42,550 43,401 44,269 2.00%
Investigator V Full Time
42,053 42,900 43,758 44,633 45,526 46,436 2.00%
Investigator VI Full Time 83 New 47589 100.00%
Laboratory Technician Full Time 29,658 . 35264 30,869 31,487 32,116 32,759 2.00%
License Clerk Full Time 63 33,936 34,632 35,325 35031 35752 37,487 2.00%
Locator Full Time 37,469 38,220 38,984 39,764 40,559 41,371 200%
Maintenance Foreman II Full Time 33,538 34,216 34,900 35,598 36,310 37,036 2.00%
Manager-Animal Shelter Full Time 30 - - new 47501 48,451 49,420 200%
Manager-Assistant Animal Shelter Full Time 31,68 new 40,000 40,800 41,616 200%
Manager-Assistant Facility Operations Full Time 31,620 32266 32,911 33,570 34,241 34,926 2.00%
Manager-Benefits Full Time 27,89 new 55,000 56,100 title change -100.00%
Manager-Box Office Full lime 36,63 37,083- 37830 38587 title change 0.00%
Manager-CSO Operations Full Time 53,778 54,860 55,957 57,076 58,218 59,382 2.00%
Manager-Customer Service Full Time 60 43,334 44,226 45,111 46,013 45933 47,872 2.00%
Manager-Environmental Compliance Full Time 29,66 56,986 59,566 60,757 65,010 65310 67,636 2.00%
Manager-Equipment Services Full Time 53,329 54,418 55,506 56,616 57749 58,904 2.00%
Manager-Facilities Full Time 50 new 57,996 59,156 60,339 2.00%
Manager-Facility Operations Full Time 44.755 45,656 46.569 47,501 48,451 49,420 200%
Manager-Facility Operations(MPAC) Full Time 86 title change 57,665 100.00%
Manager-Golf Course/Rink Full Time 49,620 50,622 51,634 52,667 53,720 54,795 2.00%
Manager-Industrial Pretreatment Full Time 111 new 59,000 100.00%
Manager-Interactive Marketing Full Time 36 new 35815 36,531 37,262 2.00%
Manager-Maintenance Full Time 114 52,211 53,274 54,339 55,426 56,535 63,000 11.44%
Manager-Maintenance(MPAC) Full Time 52,211 53,274 54,339 55,426 56,535 57,665 2.00%
Manager-Office Full Time 32,424 33,098 33,760 34,435 35,124 35,826 200%
Manager-Operations Full Time 29,50 57,083 58,240 59,405 64,664 65,957 67,276 2.00%
Manager-Operations-Forester Full lime 29,66,69 51,733 52,780 53,836 55,751 59,156 60,339 200%
Manager-Park Grounds Manager Full Time 50
Manager- - - new 57,996 59,156 60,339 2.00%
g Parts Maintenance Full Time 113 38,515 39,286 40,072 40,873 41,691 title change -100.00%
Manager-Performance Improvement Full Time 12 - new . 67,626 68,979 70,358 71,765 2.00%
Manager-Permits Full Time 43,015 43,888 44,766 45,661 46,574 47,506 2.00%
Manager-Print Shop Full lime
Manager-Production - 41,829 42,666 43,519 44,390 45,278 46,183 200%
Full Time 84 36,435 37,180 37924 38,682 39,456 46,750 18.49%
Manager-Public Construction Full Time 58,939 60,138 61,341 62,568 63,819 65,095 2.00%
2016 NOnbugai,ing Se try Ordinance 9/1812015
Page 4
CityofSouth Bend,Indiana
2016 Nonbargaining Salary Ordinance Schedule
Maximum Salaries
26 pay dates
2011 2012 2013 2014 2015 2016 2016
Job Title Status note Salary Salary Salary Salary Salary Salary %Increase
Manager-Purchasing Full Time 56,744 60,008 61,208 62,432 63,681 64,955 2.00%
Manager-Records Bureau Full Time 92 .. - title change 36,645 100.00%
- -
Manager-Safety&Risk Full Time 40 48,170 52,000 53,040 title change 0.00%
Manager-Sewer Operations Full Time 57,083 60,008 61,208 62,432 63,681 64,955 2.00%
Manager-Solid Waste Operations Full Time 54,854 55,952 57,071 58,212 59,377 60,564 2.00%
Manager-Streets Full Time 54,854 55,952 57,071 58,212 59,377 60,564 2.00%
Manager-Talent Full Time 13,29 -
new 60,000 61,200 65,000 66,300 2.00%
Manager-Traffic&Lighting Full Time 54,854 55,952 57,071 58,212 59,377 60,564 200%
Manager-Utility Purchasing 8 Storeroom Full Time 113 new 51,000 100.00%
Manager-Zoo Concessions&Gift shop Full Time 50 - new 33,921 34,599 35,291 2.00%
Manager!-Assistant Box Office Full Time 30,120 30,732 31,347 31,974 32,613 33,265 2.00%
Manager ll-Assistant Box Office Full Time 33,671 34,346 35,033 35,734 36,448 37,177 2.00%
Marketing and Education Curator Full Time 49 37,805 38,584 39,356 title change 0.00%
Naturalist Full Time 32,252 32,916 33,574 34,246 34,931 35,629 200%
Network Engineer Full Time 29,66 52,602 53,664 54,737 58,569 59,740 60,935 2.00%
Ordinance Violations Bureau Clerk Full Time 29 32,529 33,202 33,866 39,643 40,436 41,245 2.00%
Paralegal Full Time 39,959 40,768 41,583 42,415 43,263 44,129 2.00%
Park Police II Full Time 70 31,596 32,240 32,885 33,542 eliminated 0.00%
Park Ranger Full Time 70 new 34,213 34,897 2.00%
Planner VI Full Time 5,63 48,793 49,790 title change 0.00%
Preventative Maintenance Coordnator Full Time 36,665 37,414 38,162 38,926 39,704 40,498 2.00%
Print Shop Technician Full Time
Program Coordinator Full Time 46 34,340 35,048 35,749 36,464 37,193 37,937 2.00%
new 33,272 33,937 34,616 2.00%-Programmer Analyst I Full Time 40,827 41,652 42,485 43,335 44,201 45,085 2.00%
Programmer Analyst ll Full Time 42,577 43,446 44,315 45,201 46,105 47,027 200%
Project Analyst VI Full Time 5,63 41,257 42,094 title change 0.00%
Project Analyst VIII Full Time 5,63 44,579 45,474 title change 0.00%
Project Inspector Full Time 93 - title change 50,602 - 100.00%
Project Inspector Full Time 93 43,015 43,888 44,766 45,661 46,574 title change -100.00%
Project Inspector II Full Time 93 45,819 46,748 47,683 48,637 49,609 title change -100.00%
Project Manager Full Time 32 47,289 48,256 49,221 50,206 51,210 52,234 2.00%
Property/Evidence Custodian-Senior Full Time 31,854 32,500 33,150 33,813 34,489 35,179 200%
Public Assistance Clerk II Full Time 27,083 27,638 28,191 28,755 29,330 29,916 200%
Public Relations Specialist Full Time 63 39,535 40,326 41,133 41,955 42,794 43,650 200%
Public Works Safety Coordinator Full Time 102 44,038 44,928 45,827 46,743 47,678 eliminated -100.00%
Quality Assurance Distribution Technician Full Time 37,101 37,856 38,613 39,385 40,173 40,977 200%
Quality Assurance Treatment Technician Full Time 73 39,729 40,534 41,345 42,172 eliminated 0.00%
Radio Technician I Full Time 42,193 43,056 43,917 44,795 45,691 46,605 2.00%
Radio Technician II Full Time 43,575 44,460 45,349 46,256 47,181 48,125 200%
Radio Technician Ill Full Time 46,865 47,814 48,770 49,746 50,741 51,755 2.00%
Residential Combination Inspector Full Time 96 new 46,774 100.00%
Residential Marketing Specialist Full Time 5,63 57,222 58,370 title change 0.00%
Sales/Event Associate Full Time 36 33,747 34,424 35,112 title change 0.00%
SCADA Instrument Specialist Full Time 49,611 50,622 51,634 52667 53,720 54,795 200%
Secretary I/ Full Time 25,256 25,766 26,281 26,807 27,343 27,890 200%
Secretary/// Full Time - 35 26,527 27,066 27,607 28,159 28,723 29,297 200%
Secretary IV Full Time 28,151 28,730 29,305 29,891 30,489 31,098 2.00%
Secretary of the Board Full Time 62 39,729 40,534 41,345 title change 0.00%
Secretary V Full Time 29,659 30,264 30,869 31,487 32,116 32,759 2.00%
Special Events Assistant Full Time 35,906 36,634 37,367 38,114 38,876 39,654 2.00%
Stock Room&Safety Coordinator Full Time 44,037 44,928 45,827 46,743 47,678 48,632 2.00%
Superintendent-Maintenance Full Time 48 55,864 56,992 58,132 title change 0.00%
Superintendent-Park Full Time 29,64 -
new 90,000 91,800 93,636 2.00%
Superintendent-Park Maintenance Full Time 48 - - new 61,500 62,730 63,985 2.00%
Superintendent II Full Time 44,211 45,110 46,012 46,932 47,871 48,829 200%
Superintendent Ill Full Time 45,651 46,566 47,497 48,447 49,416 50,405 200%
Superintendent IV Full Time 53 _
Superintendent V - new 51,000 52,020 53,060 2.00%
Full Time 50,097 51,116 52,138 53,181 54,245 55,330 200%
2015 Nonbageeing Salary ONinerce
9/19/2015
Page 5
City of South Bend,Indiana
2016 Nonbargaining Salary Ordinance Schedule
Maximum Salaries
26 pay dates
2011 2012 2013 2014 2015 2016 2016
Job Title • Status note Salary Salary Salary Salary Salary Salary %Increase
Supervisor-311 Customer Service Full Time 78 new 46,267 47,192 2.00%-
Supervisor-Accounts Payable Full lime 42,058 43,550 44,421 45,309 46216 47,140 2.00%
Supervisor-Administrative Assistant Full Time 52 - - new 34,500 35,190 35,894 2.0056
Supervisor-Assistant Program Full Time 55 - new 33,272 33,937 34,616 2.00%
Supervisor-Athletic Full Time
39,541 40,352 41,159 41,982 42,822 43,678 2.00%
Supervisor-Center Full Time 47 39,541 40,352 41,159 41,982 42,822 43,678 2.00%
Supervisor-Communication I Full Time 21 40,303 41,132 46,000 46,920 47,858 48,816 2.00%
Supervisor-Communication II Full Time 21 40,839 41,678 47,500 48,450 49,419 50,407 2.00%
Supervisor-Crime Laboratory Full Time 50,938 51,974 53,013 54,074 55,155 56,258 2.00%
Supervisor-Customer Service Full Time 40,303 41,132 41,955 42,794 43,650 44,523 2.00%
Supervisor-Data Processing Full Time 40,303 41,132 41,955 42,794 43,650 44,523 2.00%
Supervisor-Fitness Full Time 39,541 . 40,352 41,159 41,982 42,822 43,678 2.00%
Supervisor-Fitness/Wellness Full Time 51 new 33,372 34,039 34,720 2.00%
Supervisor-Healthy Seniors Full Time 47 33,979 34,684 title change 0.00%
Supervisor-Maintenance Mechanic Full Time 50,097 51,116 52,138 53,181 54,245 55,330 2.00%
Supervisor-Operations Full Time 36 52,211 53,274 54,339 55,426 56,535 57,665 2.00%
Supervisor-Park Police Full Time 56,79 new 44,389 eliminated
Supervisor-Park Ranger 0.00%
P 9 Full Time 79 - - new 45,277 46,183 2.00%
Supervisor-Payroll Full Time 88 37,976 38,740 39,515 40,305 41,111 45,000 9.46%
Supervisor-Program Full Time 51,52 39,541 40,352 41,159 41,982 42,822 43,678 2.00%
Supervisor-Rum Village Pam Full Time 36,622 37,362 38,109 38,871 39,649 40,442 2.00%
Supervisor-Signal Full Time 49,611 50,622 51,634 52,667 53,720 54,795 2.00%
Supervisor-Special Events Full lime 38,562 39,338 40,125 40,927• 41,746 42,581 2.00%
Supervisor-Youth Full Time 55 39,541 40,352 41,159 41,982 42,822 43,678 2.00%
Sustainability Coordinator Full Time 39 new 61,000 62,220 63,464 2.00%
System Specialist I Full Time 16 -
new 42,500 43,350 44,217 45,101 2.00%
System Specialist II Full Time
System Specialist Ill Full Time 48,086 49,530 50,521 51,531 52,562 53,613 2.00%
57,149 53,716 54,790 55,886 57,004 58,144 2.00%
System Specialist IV Full Time 45 56,134 60,008 61,208 62,432 63,681 64,955 2.00%
Utilities System Specialist Full Time 49,042 50,024 51,024 52,045 53,086 54,148 2.00%
Violence Prevention Coordinator I Full Time 54 31,337 31,980 32,620 title change 0.00%
Violence Prevention Coordinator ll Full Time 54 35,096 35,802 36,518 37,248 37,993 38,753 2.00%
Water Quality Specialist Full Time 63,73 50,982 52,026 53,067 54,128 55,210 56.315 2.00%
Water Treatment Operator PF Full Time 40,303 41,132 41,955 42,794 43,650 44,523 2.00%
Water Works Special Projects Coordinator/ Full Time 63 39,729 40,534 41,345 42,172 43,015 43,875 2.00%
Water Works Special Projects Coordinator II Full Time 63 43,334 44,226 45,111 46,013 46,933 47,872 2.00%
-
Worker's Compensation Specialist Full Time 81 - - new 35,000 35,700 2.00%
Youth Sports Coordinator Full Time 54 31,337 31,980 32,620 title change 0.00%
Zoning and Business Services Administrator Full Time 72,98 - new 58,264 59,720 2.50%
Zoning Specialist Full Time - 37,774 38,532 39,303 40,089 40,890 41,708 2.00%
Zoo Education Curator Full Time 49 - - 35,500 36,210 36,934 2.00%
Zoo Veterinarian Full Time 23 54,470 55,562 83,000 84,660 86,353 88,080 2.00%
Part-Time Positions Receiving Benefits
Chief Assistant City Attorney Part Time 22,25 41,295 42,146 42,989 eliminated
- -
0.00%
City Attorney Part Time 22 55,522 56,654 57,787 58,943 60,122 61,324 2.00%
Deputy City Attorney Ill Part Time 35,460 36,192 36,916 37,654 38,407. 39,175 2.00%
Deputy City Attorney IV Part Time 45,492 46,410 47,338 48,285 49,251 50,236 2.00%
Other Part Time Positions
311 Customer Service Liaison(hourly rate) Part Time 57,67,99 - - new 17.00 17.34 20.66 19.15%
-
Administrative Assistant Ill ' Part Time 95 - - new 20.23 100.00%
Associate IV-DCI-(Economic Resources Team)(20 hours) Part Time 5 35,739 36,478 36,279 37,005 37,745 38,500 2.00%
City Engineer(hourly rate) Part Time 6 - new 36.57 37.30 38.05 38.81 2.00%
Code Inspector IV Part Time 57 - - new 19,260 19,645 20,038 2.00%
Construction Inspector(hourly rate) Part Time 7 - new 19.00 19.38 19.77 20.16 2.00%
Engineer(29 hours per week) Part Time 94 - - 0.00 0.00 new 29.14 100.00%
Police Department Lab Technician(20 hour per week) Part Time 18 new 12,600 12,852 13,109 13,371 2.00%
2016 Nonbergaming Salary Oramemro
9/18/2015
Page
City of South Bend,Indiana
2016 Nonbargaining Salary Ordinance Schedule
Maximum Salaries
26 pay dates
' 2011 2012 2013 2014 2015 2016 2016
Job Tine Status note Salary Sal ry Sal ry Sal ry Sala ry Sala ry %Increase
Secretary-Human Rights(hourly rate) Part Time 57 - new 10.00 10.20 10.40 2.00%
Secretary V(Mayor's Office)(hourly rate) Part Time 21 - new 14.50 14.79 15.09 15.39 2.00%
Non Bargaining Maximum Hourly Rate(excluding above) Part Time 26.40 26.92 27.46 28.01 28.57 29.14 2.00%
Other Compensation
Water Utility Off duty water technicians monitoring water operations off site Hourly 0.30 0.30 0.30 0.30 0.30 0.30 0.00%
Sewer Insurance Sewer Insurance on-call wages Annual 19 - - 5,000 5,100 5,202 5,306 2.00%
1-tine change from Director of Secretarial Services to Executive Assistant and Director of Special Projects in 2012.No salary increase.
2-title change from Director Communications&Special Projects to Director of Communications in 2012.No salary increase.
3-2012 maximum salary per amended salary ordinance passed February 13,2012.
4-positions of Assistant to the Mayor were eliminated in 2012 and replaced with Chief of Staff to the Mayor and Deputy Chief of Staff to the Mayor positions.
No salary increase.The Deputy Chief of Staff position salary of$62,170 is lower than the salaries of the former Assistant to the Mayor positions.
5-reorganization and step structure of Department of Community Investment(formerly Department of Community and Economic Development).No new net positions.
6-the position of part-time City Engineer was included in the 2012 budget but was not included in the 2012 non-bargaining salary ordinance in error.
7-two part-time Construction Inspectors have been included in the 2013 Public Works budget.This will result in savings versus contracted services.
8-title change from Customer Service Coordinator to Director of Communications Public Works in 2013 to recognize increased responsibilities.Includes a$313 salary increase.
9-intentionally left blank
10-intentionally left blank
11-staffing for new 311 Call Center during 2013.No new net positions.Transfers from customer service staff in other departments.
12-new job responsibilities and title change for one of the Finance Directors in Administration and Finance.No salary change.Will help implement performance management plan.
13-new position for 2013 in Administration&Finance.Replaces a Human Resources Specialist IV position.No new net positions.
14-reclassification for 2013 to recognize the increased responsibilities of the Director of Recreation.New duties include marketing and development
15-Director of Youth Engagement position not approved.
16-reclassification for 2013 in the Police Department budget from a Programmer Analyst Ito a System Specialist I.A small salary increase.
17-tine change from Film Processor to Digital(Forensic)Lab Technician in the Police Department No salary change.Title changed to reflect job description.
18-new position for 2013 in the Police Department Twenty hours per week.Assists in handling digital evidence in the Digital(Forensic)lab.
19-special pay adjustment for on call duty 24-7 for 13 weeks each per year from the sewer insurance fund in order to reduce claims.
20-amendment to 2013 salary ordinance passed 1/28/13 correcting a mathematical error on the Financial Specialist IV position.
Correct 2012 salary is$42,899 and correct 2013 salary is$43,757.
21-amendment to 2013 salary ordinance passed 2/25/13 increasing maximum salaries for communications office employees and adding the positions
of Director of Community Outreach and part-time Secretary Vin the Mayor's Office.
22-position of Chief Assistant City Attorney eliminated for 2014.The positions of City Attorney and Corporation Counsel are included.
23-amendment to Zoo Veterinarian salary in the Parks&Recreation to make the salary more competitive with private organizations.The Common Council approved on June 24,2013.
24-position of Diversity Compliance Officer approved by the Common Council on June 24,2013.Full time position,32 hours per week.
25-position eliminated during 2013
26-Salary ordinance freeze for 2014
27-new position in Admin&Finance for 2014
28-Business Licensing Administrator moved from Admin&Finance to Dept of Comm Inv?(DCI)for 2014 and placed in existing title of Administrative Assistant III-DCI
29-Salary ordinance adjustment for competitive market salary and internal pay equity
30-trite change from Director of Administrative Services to Animal Shelter Manager for 2014
31-title change from Animal Control Officer Sr.to Assistant Animal Shelter Manager for 2014
32-title change from Engineer Inspector to Project Manager(existing tine)for 2014
33-new position in Engineering/Public Works for 2014
34-Senior CAD Specialist eliminated for 2014,position no longer required
35-Collection Specialist eliminated for 2014,position no longer required,replaced with new Secretary Ill position
36-titre change from Sales/Event Associate to Interactive Marketing Manager for 2014;Assistant Director of Administration&Marketing to Director of Marketing&Promotions(existing title);
Assistant Director of Booking&Event Operation to Operations Supervisor(existing title);and Box Office Manager to Operations Supervisor(existing title);Assistant Director of MPAC Financial
Reporting to Director of Financial Services(existing title)
37-added Deputy Mayor position to be budget neutral as position to be in use only while Mayor is deployed on active duty in 2014.
38-title change from Director of Energy Conservation to Director Office of Sustainability with a broader mandate for 2014
39-Sustainability Coordinator established as new position for 2014 to more broadly support sustainability Director in City sustainability efforts
40-title change from Safety&Risk Manager to Director of Safety&Risk for 2014
41-title change from Assistant Director of Administrative Services to Fiscal Officer for 2014 in Building Department to more accurately describe duties
42-Inactive during 2014.
43-inactive during 2014
44-inactive during 2014
45-title change from System Specialist 1V to Director of SCADA Information Systems at Wastewater operations for 2014 to reflect full scope of duties
2016 NOMegakig Salary 0Vtwee 9/18/2015 Pala)
•
City of South Bend,Indiana
2016 Nonbargalning Salary Ordinance Schedule
Maximum Salaries
26 pay dates
2011 2012 2013 2014 2015 2016 2016
Job Title Status note Sala Sala Sala Sala Sala Sala %Increase
46-title change from Academic Coordinator-CB Center and MLK Center to Program Coordinator for 2014
47-tale change from Healthy Seniors Supervisor to Center Supervisor(existing title)
48-title change from Maintenance to Park Maintenance Superintendent for 2014
49-title change from Marketing&Education Curator to Zoo Education Curator for 2014
50-title change from Operations Manager to Facilities Manager for 2014
51-title change from Program Supervisor to FitnesslWellness Supervisor for 2014
52-title change from Program Supervisor to Administrative Assistant Supervisor for 2014
53-new position of Superintendent IV for 2014. Transfer employees from Superintendent Ill .
54-title change from Violence Prevention Coordinator Ito Program Coordinator for 2014. One individual remains in this position and one will transition to Program Coordinatorwhich is more
appropriate for their responsibilities..
55-title change from Youth Supervisor to Assistant Program Supervisor for 2014. One individual remains in this position;three others will transition to Assistant Program Supervisor which
is more appropriate for their responsibilities
56-title change from Foreman V to Park Police Supervisor for 2014
57-new part-time position for 2014
58-title change from Accounts Payable Technician to Accounts Payable Administrator to better reflect duties
59-intentionally left blank
60-title change from Customer Service Manager to Director 311 Customer Service
61-title change from Director Wastewater to Division Director Environmental Services •
62-title change from Secretary of the Board to Executive Assistant and Director of Special Projects
63-title change;position no longer in use
64-the change from Director of Parks&Recreation and Parks Superintendent
65-new position based upon department requirements
66-Common Council passage of 7%increase on October 30,2013
67-Update due to Scribner error
68-2014 salary amount updated for the Assistant Animal Control Manager. Original ordinance amount was less than the 2013 salary amount of Animal Control Officer-Senior which this
position replaces.
69-pay increase based on increased job responsibilities.
70-title change from Park Police II to Park Ranger.
71-title change from Director of Information Technology to Chief Technology Officer.
72-title change from Assistant Zoning Administrator to Zoning and Business Services Administrator.
73-title change from Quality Assurance Treatment Technician to Water Quality Specialist The tatter title is already in the salary ordinance.
74-title change from Division Director of Environmental Services to Director of Utilities.
75-title change from Director of Water Works to Assistant Director of Utilities.
76-position eliminated.
77-title change from 311 Customer Service Faison to 311 Customer Service Liaison II.
78-title change from 311 Customer Service Liaison to 311 Customer Service Supervisor.
79-title change from Park Police Supervisor to Park Ranger Supervisor.
80-new position;formerly a Financial Specialist Senior.
81-new position;formerly a Secretary M.
82-salary increase in order to be more comparable with market averages.
83-new position in order have the flexibility with in the department to promote long serving,hard working employees.
84-title change from Technical Stage Manager to Production Manager which better describes the duties and responsibilities required in this position. Salary increase to be more in line with salaries of peers in industry.
85-title change from Operations Supervisor to Director of Box Office Services. No salary change.
86-title change from Manager-Maintenance to Manager-Facilities Operations Manager. No salary change.
87-title change from Operations Supervisor to Director of Booking&Event Services. No salary change.
88-salary increase to be more in line with salaries of peers in similar positions in the region.
89-downgrade manager position fo generalist position.Higher level benefit decisions are made with the help of consultants,therefore,it was determined a manager level position was not required.
90-replacing Diversity Compliance Officer with a full time Diversity Inclusion Officer in order to better represent the residents of the City of South Bend.
91-new position in human resources in order to better serve those in Public Safety with regards to benefits,hiring&firing,performance management,etc.
92-title change and salary increase to reflect supervisory responsibilities and additional duties as the bureau's second in command.
93-title changes to simplify the organizational structure of the engineering department.
94-job similar in scope to Engineer t Permanent professional position.
95-retired director of communications to work part time performing duties similar to those of original director of communications.
96-New job titles to better reflect job duties and to allow for future promotions if certifications received.
97-title change from Building Inspector Vi to Building Inspector
98-salary increase to be more in line with salaries of peer positions
99-Increased hourly rate to be in line with full time position divided by 2.080 hours.
100-salary increase due to increase in responsibilities and department achievements.
2oieNonbagawngsalaryoCNence
9/182015
Page 8
City of South Bend,Indiana
2016 Nonbargalning Salary Ordinance Schedule
Maximum Salaries
26 pay dates
2011 2012 2013 2014 2015 2016 2016
Job Tide Status note Sala Sala Sala Sala Sala Sala %Increase
101-new position due to increased responsibilities
102-eliminated position due to retirement and use of contractual services and departmental safety officers
103-title change from Code Inspector IV to Code Inspector to streamline department and addition of Sr.Code Inspector for future promotion in lieu of using Chief Inspector position(eliminated).
104-new title due to increased job responsibilities and specialty skills required for job.
105-new position to assist with collections and other administrative duties within Code.
106-title change from Director of Streets to Director of Streets and Sewers;increased salary due to increase in job responsibilities
107-salary increase due to increase in responsibilities. Original job started in 2015 and duties to be assumed were unknown at that time.
108-new position to handle all duties of customer service and billing office relating to water/Vastewaterbillings. 311 director will no longer split time between 311 and Waterworks.
109-new position responsible lor all aspects of water quality,well head protection and Laboratory testing
110-new position responsible for managing and guiding the operations and maintenance of the water distribution system
111-new position will manage and set direction for the City's EPA Approved Pretreatment Program
112-new position to take on additional safety/compliance responsibilities for Water Works division
113-new position to manage all purchases and storeroom of parts. Upgrading Manager-Parts Maintenance due to increased responsibilities.
114-salary increase due to increased responsibilities.
•
2018 Nonbargedning Salary Ommence 9l1812015
Page 9
ex-is
1200N COUNTY-CITY BUILDING O '1'
227 W.JEFFERSON BLVD. £ dray PHONE 574/235-7678
ly,�
SOUTH BEND,INDIANA 46601-1830 U '�^� o= FAX 574/235-9928
crfr
`.,,.. /865_.;;;"
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
October 5, 2015
Mr. Tim Scott
President, South Bend Common Council
4th Floor, County-City Building
South Bend,IN 46601
Re: 2016 Non-Bargaining Employee and Officer Salary Ordinance—Substitute Bill No. 60-15
Dear President Scott:
Enclosed please find Substitute Bill No. 60-15, the proposed 2016 Non-Bargaining Employee and
Officer Salary Ordinance. The title of Diversity Compliance Officer has been added back to the
salary schedule. Please note that the full title of this position is now Diversity
Compliance/Inclusion Officer which reflects all of the former duties and responsibilities of this
position, as to which additional duties are now being required.
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,
\a. _
II. Murphy
City Controller
v
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 17,ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING
DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS
STATEMENT OF PURPOSE AND INTENT
The current downspout regulations for the City of South Bend are codified into the South Bend Municipal
Code as Section 17-4, which have not been updated since 1970.
For the past several years, the City has had a voluntary"Downspout Disconnect Program". It requires a
property owner who wishes to participate in the program, to sign a hold harmless and indemnification
agreement. The City may then "disconnect the downspouts, cap the drainway, and add an extension to
the downspout so the water drains into the yard instead of into the combined sewer".
On December 29, 2011, the U.S. Attorney's office announced a cost estimate of$509.5 million for the
proposed improvements to the City's combined sewer system. The Common Council has been advised
that it is now estimated to cost over $667 million to implement the Long Term Control Plan (LTCP)
required by the Environmental Protection Agency (EPA) mandate addressed in the Court's Consent
Decree.
The Common Council and the Department of Public Works believe that updating the downspout
regulations will help minimize such discharges. Downspout disconnection is also recommended by the
EPA as part of its"Green Infrastructure". It essentially reroutes rooftop drainage pipes to drain rainwater
to rain barrels and permeable areas, instead of into the storm sewer.
The Common Council,working in collaboration with the City's Public Works Director,also acknowledge
that the Indiana Department of Environmental Management(IDEM) also recommend that downspouts be
connected to rain barrels so that such captured water can be used to"irrigate landscape during dry periods".
Such practices are par of the "Urban Nonpoint Source Best Management Practices" recommended by
IDEM.
This ordinance is believed to be in the best interests of the public health, safety and welfare of the City of
South Bend, Indiana.
an, = ivi; ae.5Ordai eel&/the &oiumo» law wed lihr iJ y',„0 aired. jr/ie via, nJ
/l/nui :
Section I. Chapter 17, Article 1, Section 17-4 of the South Bend Municipal Code is amended to
read as follows:
Sec. 17-4 Drains and Downspouts Disconnection Requirements; Limited Exceptions.
Drain and Downspout Disconnect Ordinance Regulations
Page 2
(a) - ' - - . - . :.- : :, - : No newly constructed gutter,downspout,roof drain,
foundation drain or off-street parking area drain shall be connected with or permitted to drain into the
sanitary sewer system of the City. After ch datc, Whenever it becomes necessary to rebuild, repair or
replace any such drain - • •-_ : = - - - - - • • ,-' --:: -, .- -:.-- : it shall be rebuilt, repaired or
replaced in such a manner that it will no longer be built,repaired or replaced in such a manner that it will
no longer be connected with or flow into the sanitary sewer system of the City.
the-area-is-completed.
(b) Storm water and all other unpolluted drainage including cooling water shall be discharged to
retention or detention basins, to naturally occurring or construed wetlands, to rain barrels, cisterns, to a
natural outlet, or utilize other Best Management Practices (BMP) methods approved by the Department
of Public Works and authorized by the Indiana Department of Environmental Management(IDEM) or in
the case of residential properties to "On-Lot Treatment" practices recommended by the Environmental
Protection Agency (EPA).' The Department of Public Works is authorized to institute additional
compliance regulations and standards so long as they are discussed with the Council's Utilities Committee
prior to taking effect and conspicuously posted on the City of South Bend's official municipal website.
(c) Due to the extraordinary estimated costs to implement the Long Term Control Plan (LTCP)
mandated by the Environmental Protection Agency(EPA) and the Indiana Department of Environmental
Management(IDEM),all buildings,sump pumps,and parking lots which currently direct their stormwater
into the sanitary or combined or storm water sewers shall have up to five (5) years from the date of the
passage of this ordinance to disconnect, with the following limited exceptions and requirements:
(1) All building rooftops located in Commercial/Mixed Use Districts defined in Section
21-03 of Article 3 of Chapter 21 of the South Bend Municipal Code which include: OB
Office Buffer District, MU Mixed Use District, 0 Office District, LB Local Business
District, CB Community Business District, CBD Central Business District, and GB
General Business District, shall have a limited exemption which shall be subject to the
owner(s) of each such building filing with the City's Department of Public Works
(DPW) within the first three(3) years of said five (5) year period, a feasibility study
IDEM sets forth"Technical Resources for Best Management Practices(BMP)which promote the most environmentally-
friendly methodologies. See:www.in.aov.IDEM.The EPA has set forth as part of their"Best Management Practices"On-Lot
Treatment methods which are available at http://water.epa.gov/polwaste/nudes/swbmp/On-Lot-Treatment.cfm
Drain and Downspout Disconnect Ordinance Regulations
Page 3
and a cost/benefit analysis to confirm that compliance may be cost prohibitive due to
the building having an internal drainage system, due to impervious surfaces, or other
documented reasons which shall be reviewed by DPW. DPW shall review such
documentation and meet with the owner to determine if there are any other alternatives
such as rooftop gardens and/or green roofs for their building rooftops,which should be
designed to lower the temperature of the building, filter pollution and reduce the
amount of run-off from rain. The building owner may appeal the decision of DPW to
the Board of Public Works within ten (10) days of the DPW decision. DPW shall
maintain a comprehensive listing of all such properties by address and provide a status
update on compliance to the Council's Utilities Committee no later than October 1st of
each year.
(2) All roofs and sump pumps of all one and two family detached houses, addressed in
Chapter 21, Article 2, Section 21-02 of the South Bend Municipal Code as a single
family dwelling or a two family dwelling shall be disconnected on or before December
31, 2018. Owners of such single family dwellings or two family dwellings may
participate on a one-time basis, at no charge to such owner(s) in calendar year 2016
and 2017, in the City of South Bend's "Downspout Disconnect Program". This
program is part of the Neighborhood Improvement program administered by the
Division of Engineering in the Department of Public Works.2 Anyone who has not
complied with required disconnections by December 31, 2017, may participate in the
Downspout Disconnect Program in the 2018 calendar year, however he/she shall be
charged for such services at the rates established by the Board of Public Works. Any
owner of a one or two family detached house addressed in this paragraph who believes
that he/she cannot comply with the disconnection requirements must file a cost/benefit
analysis to confirm that compliance would be cost prohibitive due to impervious
surfaces,or other documented reasons which shall be reviewed by DPW. The building
owner may appeal the decision of DPW to the Board of Public Works within ten (10)
days of the DPW decision. DPW shall maintain a comprehensive listing of all such
properties by address and provide a status update on compliance to the Council's
Utilities Committee no later than October 1st of each year.
Section II. If any part, subsection, section,paragraph, sub-paragraph, sentence,clause,phrase or
word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
Section III. 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.
2 Information on the Downspout Disconnect Program and the hold hannless and indemnification agreement are available at
http://www.ci.south-bend.in.us/govemmenticontent/neighborhood-improvement-prourams
Drain and Downspout Disconnect Ordinance Regulations
Page 4
Henry Davis,Jr.,2°d District ouncil Member
South Bend Common Council
Dr. David Varner, 5th District Council Member
South Bend Common Council
Dr. Fred Ferlic, 4th District Council Member
South Bend Common Council
Office of the City Clerk
<</ii niet/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the_
day of , 2015, at o'clock . m.
Janice Talboom,Deputy Clerk
c4reiwdaiu/tnedby me on the_day of , 2015, at_o'clock_.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
st READING
PUBLIC HEARING
[ AUG. 19 2015
3 rd READING
NOT APPROVED JOKN VOORDE
REFERRED CITY CLERK,SOUTH BEND,IN
PASSED
�plrx�
V C{
3,7a9
The South Bend Common Council
227 West Jefferson Boulevard,Room 441
Downtown South Bend,Indiana 46601
574.235.9321
August 18, 2015
The South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Downspout Disconnection Regulations
Dear Council Members;
We are filing the attached proposed ordinance to update the City's downspout regulations.
In light of the $667 million cost estimate to implement the Long Term Control Plan (LTCP) required by
the Environmental Protection Agency(EPA) mandate addressed in the December 2011 judicial Consent
Decree,we believe that all reasonable steps should be taken to help minimize discharges into storm sewers.
It is estimated that approximately 50% of the 40,000 one and two-family houses in South Bend have
downspouts which are still connected. The proposed ordinance would:
• Create a 3-year period for all owners of a one or two-family dwelling to comply.
• Would continue the City's"Downspout Disconnect Program"at no charge for owners of a one or
two-family dwelling for calendar years 2016 and 2017, and would authorize the Board of Public
Works to establish reasonable fees for the program effective January 1, 2018.
• Would create a 3-year period for owners of buildings in Commercial/Mixed Use Districts to
comply.
• Would establish a process where any affected property owner who believes that compliance would
be cost prohibitive would be required to file a cost/benefit analysis with the Department of Public
Works and would permit an appeal of their decision to the Board of Public Works.
Downspout Disconnect Cover Letter—page 2
We believe that the proposed regulations are proactive and reasonable. We request that the Bill be sent to
the Council's Utilities Committee for review and recommendation. Thank you.
Most sinter- At
1
Henry ; .v' Jre t Council Member
South Bend Common Counci
Dr. David Varner, 5th District Council Member
Utilities Committee Chairperson
Dr. Fred Ferlic, 4th District Council Member
South Bend Common Council
Attachment
cc; Eric Horvath, P.E., Department of Public Works Director
A L3 r
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, REPEALING IN ITS ENTIRETY ARTICLE 7 ENTITLED NOISE CONTROL OF
CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE AND AMENDING SECTION
2-213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOALTIONS
STATEMENT OF PURPOSE AND INTENT
On August 23, 1982, the South Bend Common Council passed Ordinance No. 7087-82 which
created a new Article 7 in Chapter 13 of the South Bend Municipal Code entitled"Noise Control".
At that time,those regulations reflected the best practices and policies to control excessive noises.
Such regulations were recommended by the Indiana Association of Cities and Towns,the League
of California Cities' Committee on Model Noise Control, and they incorporated several successful
noise abatement procedures implemented throughout the country. The regulations also reflected
recommendations from the Noise Control Seminar held in Indianapolis that year.
The 1982 regulations addressed excessive stationery noises based on measuring sound pressure
levels based on decibel readings. They established maximum broadband sound levels for
residential, commercial and industrial properties. That 1982 ordinance complimented the passage
of Ordinance No. 6938-81 which regulated excessive noises from motor vehicles.
This ordinance would repeal the 1982 ordinance in its entirety, which is currently codified into the
South Bend Municipal Code as Sections 13-79 through 13-84. The City of South Bend instead
will continue to enforce the noise regulations codified in South Bend Municipal Code Section 13-
57 entitled "Unreasonable Noise", which are believed to be more effective to implement and
enforce. Such regulations are consistent with the authority given to governmental units to
"regulate the introduction of any substance or odor into the air, or any generation of sound" in
Indiana Code §36-8-2-8. Such regulations are also consistent with Indiana Attorney General
Opinion
�tNo. 85-18 (1985). 1 p 2 O �a
✓1 C 1, �r ire, -f Ordaiinee'//,the Vcinincii (Jame ryfithe Vi y,c�rna,A �JOei,d
fduriia, ez,Weeaki:
Section I. Chapter 13, Article 7 entitled Noise Control Sections 13-79 through 13-84 of
the South Bend Municipal Code is repealed in its entirety and reserved for future use.
Section II. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is
amended in part as follows by the deletion of the following language from the chart:
13 82 Stationary noises 50.00
Ordinance Repealing South Bend Municipal Code§13-79 through§13-84
Page 2
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.
Section III. If any part, subsection, section,paragraph, sub-paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. D/)
Derek D. Dieter, Council Member at Large
Health and Public Safety Committee Chairperson
South Bend Common Council
Office of the City Clerk
aVebeirtedby me to Pete Buttigieg,the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock_. m.
Janice Talboom, Deputy Clerk
Olin-wed ai,w/rymv7by me on the_day of , 2015, at_o'clock
.m.
Pete Buttigieg, Mayor
(� City of South Bend, Indian Filed in c1PC}L's Office
1st READING 11-1 sEp 22 'ZOIS
PUBLIC HEARING
3rd READING -• —"'-""
NOT APPROVED JOHN
CITY CLERK,SOUTH'LEND,IN
REFERRED "
PASSED
pUTN-^
ti6fr ;t
The South Bend Common Council
Council Member at Large Derek D.Dieter
227 West Jefferson Boulevard,Room 441
Downtown South Bend,Indiana 46601
574.235.5982
September 21, 2015
The South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Repealing Outdated 1982 Noise Ordinance
Dear Council Members:
I am filing the attached ordinance which would repeal an outdated noise ordinance, which is still
on the books today. Although this 1982 ordinance may have reflected "best practices"back then,
today, requiring the use of a decibel reader which may not always be properly calibrated, is not
the most efficient way to attack unwanted and unreasonable noises.
As you are well aware, when I served on the South Bend Police Department, I routinely issued
citations where noise was"plainly audible at a distance of fifty(50)feet"from a building or vehicle
and which "unreasonably disturbed the peace and quiet" of the neighborhood. This is a common
sense approach, which is easily enforceable and reasonably understandable by the public.
I am therefore recommending that only the "unreasonable noise" regulations codified in Section
13-57 of the City Code remain on the books, along with its penalty provisions set forth in Section
13-57.05 which call for fines of$100 for the 1"violation, $250 for the 2"d violation, and $500 for
each violation thereafter. In this way,no one from the City Administration may contend that they
were confused as to what section of the City Code should be enforced.
Our residents deserve to be free of unreasonably load,raucous, or prolonged noises which disturb
and the peace and quiet of a person's neighborhood. As noted in the attached 1-page summary
from the Environmental Protection Agency(EPA),the"primary responsibility for control of noise
rests with State and local governments..."; as well as the City's authority to regulate "any
generation of sound" per Indiana Code §36-8-2-8. I ask you to join me in getting back to the
basics by supporting this ordinance. Thank you.
Sincerely,/./ zatM_
Derek D. Dieter, Council Member at Large __
Health and Public Safety Committee Chairperson Filed in Clerk's Office ttachments
cc? 22 Z015
JOHN'di '_..):::.
CITY CLERK,BOUT-AEND,IN
Last updated on Jane.1,2015
A unawsewss
e �a.�no�rlr*0Lh Raxction
Laws & Regulations
Summary of the Noise Control Act
Quick Links
• PDF of the Noise Control Act, from U.S. General Services Administration (GSA) (21
pp, 890K, About PDF)
• The official text of the Noise Control Act is available in the United States Code on
FDSys, from the U.S. Government Printing Office.
42 U.S.C. §4901 et seq. (1972)
Inadequately controlled noise presents a growing danger to the health and welfare of the Nation's
population,particularly in urban areas. The major sources of noise include transportation vehicles
and equipment, machinery, appliances, and other products in commerce. The Noise Control Act of
1972 establishes a national policy to promote an environment for all Americans free from noise that
jeopardizes their health and welfare. The Act also serves to (1)establish a means for effective
coordination of Federal research and activities in noise control; (2) authorize the establishment of
Federal noise emission standards for products distributed in commerce; and (3) provide information
to the public respecting the noise emission and noise reduction characteristics of such products.
While primary responsibility for control of noise rests with State and local governments,Federal
action is essential to deal with major noise sources in commerce, control of which require national
uniformity of treatment. EPA is directed by Congress to coordinate the programs of all Federal
agencies relating to noise research and noise control.
History of this Act
• EPA History: Noise Control Act
More Information
• Air and Radiation: Noise Pollution
http://www2.epa.gov/laws-regulations/summary-noise-control-act 9/22/2015
6ti■ L T -4
Bill No.
Ordinance No.
—
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, CALLING FOR THE ESTABLISHMENT OF A
SOUTH BEND MUNICIPAL ID CARD PROGRAM
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that since 2005, there have been communities
studying municipal identification card programs. One of the first studies was conducted by the
Unidad Latina enAccion (ULA) in New Haven, Connecticut.
New Haven,Connecticut was the first city to implement a municipal identification program
in 2007, and their program uses what is referred to as an "Elm City Resident Card". Two (2)
proofs of New Haven residency are required to be "eligible, with the card expiring when an
individual no long has residency within the city limits. The fees for such a card were $5.00 for
children and $10.00 for adults. The overall purpose of the card was to provide proof of
identification and residency for the approximate 10,000 to 15,000 undocumented persons living in
New Haven. Their card can also be used as a debit card with a limit of$150; a method of payment
for parking meter fees; and works as a library card. Private funds from the First City Fund
Corporation in the amount of$250,359 were used to fund the implementation of their program.
San Francisco, California became the next city to develop a city ID program, with their
Board of Supervisors voting in November of 2007 to move forward with the program. In October
of 2008 a court in San Francisco ruled that the "...city's plan to issue municipal identification
cards to residents regardless of immigration status does not violate state and federal law".
Ordinance No. 279-08 was passed on November 18, 2008 which amended the original ordinance;
with educational and training materials then being prepared along with hardware and software
programs. On January 15, 2009 the City of San Francisco officially began issuing "SF City ID
Cards".
The following communities and the year each community's ID program became
operational is briefly set forth below:
2010 Trenton, New Jersey 2013 Oakland, California
2011 Richmond, California 2015 New York, New York
2012 Los Angeles, California
Some of the other communities looking into whether a program would be in the best
interests of their cities include New Orleans, Louisiana and Charlotte, North Carolina.
Each program is unique to the municipality which created it by proper ordinance. Some of
the studies have indicated that a municipal-issued identification card may assist law enforcement
South Bend Municipal ID Card Program Ordinance
Page 2
officials and undocumented individuals to better interact. Some are linked to various forms of
economic programs such as Richmond, California's having the option of having a $200 pre-paid
debit limit; Los Angeles, California's also having a prepaid debit option; with Oakland, California
being the first community to have this function.
New York City's municipal identification program was officially launched on January 12,
2015,and is referred to as the"IDNYC Card". It provides free membership to"The Public Theater,
Flushing Town Hall, Museum of the City of New York, Staten Island Children's Museum,
Brooklyn Botanic Garden, and the Bronx Zoo". An "IDNYC Benefits Guide" is available in
English, Spanish, Chinese and Russian. An "IDNYC Brochure" is available in English, Spanish,
Chinese, Russian, Haitian, Creole, Korean and Bengali". Their program was estimated to cost
$8.4 million the first year, and $5.6 million in succeeding years.
There are eleven (11) states which have passed laws permitting an undocumented resident
to apply for driver's licenses as of 2014, namely: Washington, Oregon, California,Nevada, Utah,
Colorado, New Mexico, Vermont, Connecticut, Maryland, and Illinois.
The following ordinance is believed to provide an opportunity for individuals who may not
be eligible to apply to the Indiana Bureau of Motor Vehicles(BMV)who has the authority to issue
an IndianalD/SecurelD to residents, or who do not wish to apply for a license to drive; and also
for those individuals who may not be eligible or do not wish to apply for the Indiana non-SecurelD.
The ordinance provides an opportunity for the potential development of a municipal ID
card which may incorporate the latest technologies, so that such cards cannot be duplicated or have
the card's information electronically stolen. Such cards may enable individuals to establish their
identity when needed for city emergency medical responders; may assist individuals if they
become a victim of a crime or a victim of a natural or man-made disaster. The ordinance is
believed to help further public health, safety and welfare measures by providing a secure
mechanism of proof of identity and residency in the City of South Bend, Indiana.
9lr a parr ire, 3* Qrrkaiitea the amjnen caleuner////r 'S%voila. earl
Mtr/trrnet, ro //tdao :
Section I. There is hereby established a South Bend Municipal ID Card Program, which shall be
subject to the terms and conditions set forth in this ordinance.
South Bend Municipal ID Card Program
1. Definitions. For purposes of this ordinance,the following definitions shall apply:
South Bend Municipal ID Card Program Ordinance
Page 3
a. City shall mean the City of South Bend, Indiana.
b. Municipal ID Card shall mean a secure identification card issued by the City which
shall display, including but not limited to, the cardholder's name, photograph, address, date of
birth and an expiration date.
c. Program Administrator shall mean the City Controller,or his duly designated designee,
who shall be responsible for coordinating with a third party administrator selected to implement
and administer the South Bend Municipal ID Card Program.
d. Proofof Identity shall mean the criteria set forth in sub-section 4.a(i) of this ordinance
which is required of a person who applies for a South Bend Municipal ID Card.
e. Proof of Residency shall mean the criteria set forth in 4.a (ii) of this ordinance which
is required of a person who applies for a South Bend Municipal ID Card.
f. Resident shall mean a person who can demonstrate that he or she has been present in
the City for at least fifteen (15) continuous days and who presents proof of residency as specified
in sub-section 4.a (ii) of this ordinance.
g. Third Party Administrator shall mean the vendor selected through a public request for
proposals to implement and administer a secure South Bend Municipal ID Card program at no net
cost to the City, its departments,bureaus, or its taxpayers.
2. Purposes of a South Bend Municipal ID Card Program.
a. It is the City's intent that the South Bend Municipal ID Card Program provide a city
resident with a means of proving his or her residency in the City of South Bend, Indiana.
b. The South Bend Municipal ID Card Program further aims to help substantiate a
resident's identify when proof of identity is needed for City programs and services, as well as
when interacting with public safety personnel providing such services in the City. The City is
attempting to promote the general public safety and welfare of the community. The City does not
assume or impose any obligation upon its officers,employees or agents of any liability in monetary
damages or other legal recourse to any person who may claim a breach proximately caused injury.
3. Terms and Conditions Before Program Implementation and Issuance of South Bend
Municipal ID Cards.
a. The Department of Administration and Finance of the City shall coordinate the filing
South Bend Municipal ID Card Program Ordinance
Page 4
of all relevant data, projected costs, and other pertinent information addressing the future
implementation of the purposes of the program summarized in 112 of this ordinance,including any
supplemental features which are consistent with the purposes of this ordinance. Such filing shall
be made in the Office of the City Clerk,which shall trigger future joint meeting(s)of the Council's
Personnel and Finance Committee and the Community Relations Committee. In order for a South
Bend Municipal ID Card Program to become effective following such joint meeting(s), a Council
Resolution, which certifies that the implementation and administration of the South Bend
Municipal ID Card Program would be operated at minimal or no net cost to the City, its
departments, bureaus, or agencies, and which establishes any and all fees, will be required to be
adopted by the Common Council.
b. The South Bend Municipal ID Card shall bear the seal of the City and shall be
produced in a form which is encrypted with a magnetic strip,barcode or similar security feature to
prevent card duplication or counterfeit reproduction, and is secured from electronic pickpocketing
(EP) with a radio-frequency identification (RFID) blocking card or sleeve.
4. Application Process.
a. To obtain a South Bend Municipal ID Card, a resident shall complete an application,
under pains and penalties of perjury, which requires proof of identity and proof of residency
within the city. Said applications shall have instructions available in English,and other language(s)
upon request. Upon receipt of both proof of identity and residency as required by the sub-sections
included below, and the applicable fee, the Program Administrator shall issue shall issue a South
Bend Municipal ID Card meeting the conditions set forth in sub-section 3.b of this ordinance.
(i) Proof ofIdentity: In order to establish identity, each applicant must present
either:
(1) One (1) of the following documents containing both the applicant's
photograph and date of birth: a U.S.or foreign passport; a driver's license
issued by a state or territory of the United States; a state identification card
issued by any state or territory of the United States; a U.S. Permanent
Resident Card (commonly referred to as a `Green Card'); a consular
identification(CID)card or matricula';or a photo identification card issued
by another country to its citizens or nationals that meets the following
requirements
1 For over 100 years, the Mexican government have authorized the Consulate of Mexico to issue a matricula or
Consular ID card to Mexican citizens who live outside of Mexico. The matricula certifies that the individual is a
Mexican citizen, includes a birthplace and individual's address outside of Mexico. Said cards are valid for five(5)
years and cost approximately thirty dollars. Information on the Consular ID Card which has been posted by the
Consulate of Mexico was filed with this ordinance and is available from the Office of the City Clerk.
South Bend Municipal ID Card Program Ordinance
Page 5
aa. The issuing country authorizes the use of the card as an alternative to a
passport for re-entry into the issuing country; and
bb. The card has a photograph of the person and the person's date of birth;
and
cc. The card meets standards established by the Program Administrator to
ensure that the applicant was required to provide reliable identifying
information in order to obtain the card and the card has features reasonably
designed to protect against fraud and counterfeit reproduction.
In determining whether the identification meets these requirements, the
Program Administrator may use standards adopted by the National Notary
Association.
Notwithstanding the above, if the applicant is thirteen (13) years of age or
younger, he or she may present a certified copy of a U.S. or foreign birth
certificate to established identify under this subsection; or
(2) Two (2)of the following documents, provided that at least one(1) form of
identification shall display the applicant's photograph and date of birth; a
national identification card with photo, name, address, date of birth, and
expiration date; a foreign driver's license; a U.S. or foreign military
identification card; a current visa issued by a government agency; a U.S.
Individual Taxpayer Identification Number (ITIN) authorization letter; an
identification card issued by an Indiana educational institution, including
elementary,middle, high school, secondary, and post-high school or post -
secondary schools; a certified copy of a U.S. or foreign birth certificate; a
court order issued by a state or federal court to verify a person's identity;
or a Social Security card.
Notwithstanding the above, where the applicant is age thirteen (13) years
of age or younger, he or she may present an official medical record and/or
official school record to establish identity under this subsection, provided
that at least one (1) of the two (2) forms of identification presented shall
display the applicant's date of birth.
(ii) Proof of Residency: In order to establish residency, each applicant must
present one (1) of the following items,provided that the item includes both
the applicant's name and a residential addressed located within the City:
South Bend Municipal ID Card Program Ordinance
Page 6
(1) A utility bill dated within the last thirty (30) days; a written verification
confirming at least fifteen (15) days residency within the last thirty(30)
days issued by a homeless shelter that: is operated in the City; written
verification issued by a hospital,medical clinic or social service agency who
provided services to the applicant; a local property tax statement or
mortgage payment receipt dated within the last thirty (30) days; proof of a
minor currently enrolled in a school located in the city; an employment pay
stub or similar employment wage verification dated within the last thirty
(30) days; a jury summons or court order issued by a state or federal court
dated within the last thirty (30) days; or an insurance bill (homeowner's,
renter's health,life or automobile insurance)dated within the last thirty(30)
days. If a certified copy of a marriage certificate is presented at the time of
application, an applicant may prove residency using documents bearing the
name of his or her spouse.
(2) The Program Administrator may by regulation provide that if an applicant
is thirteen (13) years of age or younger,cannot produce any of the items set
forth in subsection 4.a.(ii) (1) to prove residency, a parent or legal guardian
may verify the applicant's residency provided that the parent or guardian
would be eligible for a South Bend Municipal ID Card.
(iii) The Program Administrator may by regulation provide for acceptance of
additional form of proof of identity and/or proof of residency,provided that
the Program Administrator determines that such form of proof are: issued
by a governmental entity or is a type of proof of identity or proof of
residency which is accept in the ordinary course of business in the U.S.
(iv) An application submitted on behalf of a minor must be completed by the
minor's parent or legal guardian.
(v) The city shall keep confidential, in accordance with applicable laws, the
name and other identifying information of persons applying for and
receiving a South Bend Municipal ID Cards. The city shall cause the
applications to be produced in a form which allows the applicant to state
their privacy preferences. The city shall not retain records of applicants'
residential addresses.
b. Upon request, the Program Administrator shall issue a South Bend Municipal ID Card
to any resident who meets the foregoing application requirements and pays the applicable fee.
South Bend Municipal ID Card Program Ordinance
Page 7
5. Implementation Process and Program Information to be Posted on City's Website.
The Program Administrator is authorized to adopt additional rules and regulations which
are consistent with this ordinance, in order to implement and administer the issuance of South
Bend Municipal ID Cards. Any additional rules and regulations deemed necessary by the Program
Administrator shall be filed in the Office of the City Clerk, who shall maintain them with this
ordinance and send them electronically to members of the Common Council and maintain a copy
of all such rules and regulations with this ordinance. Such regulations may include but not be
limited to a procedure for payment of fees in monthly installments without interest by an indigent
person, who is defined as a person without the means to pay the fee, which would be a similar
monthly process as the provisions set forth in Section 1-24 of the South Bend Municipal Code;2 as
well as establishing a process for an indigent person's waiver of a fee in its entirety, as determined
by the Program Administrator, on a case by case basis.
Within ten (10) business days of a Council Resolution being adopted, as addressed in If 3 of this
ordinance, the City shall develop a link to information on the City's website which is devoted to
the South Bend Municipal ID Card Program. Key program information shall be highlighted and
it shall permit a copy of this ordinance to be accessed as well as the Council Resolution required
in order for the implementation of the South Bend Municipal ID Card Program to take place. If
any additional rules and regulations become necessary,those shall also be made available from the
city's website.
6. Fees.
Fees shall be charged for each South Bend Municipal ID Card issued. The Common
Council shall set the maximum fee amounts by Resolution, upon compliance by the Department
of Administration and Finance and the Council and their committees as further addressed in¶3 a.
of this ordinance.
7. Proof of Residency for City Services and Programs; Pre-Emption.
a. Any city service or city program which requires proof of identity or proof of residency
shall accept a South Bend Municipal ID Card issued by the city, unless it can be shown that the
card has been alerted or improperly issued; is an unauthorized duplicate; or a counterfeit
reproduction.
b. This section is not intended to replace any other existing requirements for issuance of other
2 South Bend Municipal Code Section 1-24 authorizes payment of$5.00 per month by any indigent person of a fine
ordered to be paid by a court.
•
South Bend Municipal ID Card Program Ordinance
Page 8
forms of identification in connection with the administration of a city service or program; nor is
this section intended to replace any state or federal regulations or laws addressing proof of identity
or proof of residency.
c. In no circumstance shall the existence of the South Bend Municipal ID Card Program cause
the city to lose finds from any funding source which require the usage of other state or federal
proof of identity or proof of residency, with such requirements pre-empting local regulations.
8. South Bend Municipal ID Card Holder's Responsibilities.
a. A person who has been issued a South Bend Municipal ID Card by the city must notify
the Program Administrator within ten (10) business days of any change in address which is
different than the one provided on the original application for such a card. Upon receiving
notification of a change in address and its verification, the Program Administrator shall issue a
notice of new address to be carried with the South Bend Municipal ID Card or be issued a new
card pursuant to the rules and regulations duly adopted by the Program Administrator.
b. If a person who has been issued a South Bend Municipal ID Card no longer resides in the
city, or expects to reside outside of the city for a period of greater than ninety (90) consecutive
calendar days,the card holder must relinquish the card by mailing or personally delivering the card
to the Program Administrator with an acknowledgement of his or her intent to reside elsewhere.
Said action by the Card Holder must take place within ten (10) business days of any proposed
change in residency, as further addressed in this paragraph.
9. Altered, Unauthorized Duplication; Counterfeit Reproduced Cards and Misuse of Card.
a. It is a violation of this ordinance, for any person to:
(1) Knowingly present false information to the City in the course of applying for a
South Bend Municipal ID Card;
(2) Alter, copy, replicate, produce a counterfeit copy of a city issued South Bend
Municipal ID Card; or
(3) To use a South Bend Municipal ID Card issued to another person, with the
intent to cause a third person or entity to believe the holder of the card is the
person to whom the card was issued.
b. Anyone who is found in violation of section 8 of this ordinance, shall lose the ability
to possess a South Bend Municipal ID Card;and shall be subject to the penalty provisions set forth
in Section 1-23 of the South Bend Municipal Code.
South Bend Municipal ID Card Program Ordinance
Page 9
10. Semi-Annual Updates By the Administration to the Council.
The Program Administrator shall provide an update to the Common Council on any
South Bend Municipal ID Card Program which is authorized to be implemented, pursuant to the
terms and conditions set forth in 13 of this ordinance, at the 2nd regular Common Council meeting
held each January and July.
Section II. If any part, subsection, section, paragraph, sub-paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section III. This ordinance shall be passed by the Common Council and be in full force
and effect, upon a future Resolution being formally adopted by the Common Council establishing
an exact effective date of a South Bend Municipal ID Card Program. Such Resolution shall be
prepared and filed by the City Administration which verifies that the implementation and
administration of the South Bend Municipal ID Card Program will be operated at minimal or no
net cost to the City, its departments, bureaus, or taxpayers, and sets forth any and all card holder
fees; all of which shall be subject to the approval by the Common Council,approval by the Mayor.
ditatiP
Henry Davis,Jr., ' d ,isR''Council Member
South Bend Common Council
Oliver J. Davis, 6th District Council Member
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Gavin Ferlic, Council Member at Large
South Bend Common Council
South Bend Municipal ID Card Program Ordinance
Page 10
Derek D. Dieter, Council Member at Large
South Bend Common Council
Valerie Schey, 3rd District Council Member
South Bend Common Council
c -Clril.•
Office of the City Clerk
teM;oriiiii/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
Janice Talboom, Deputy Clerk
c9irncrr/tvu/d'w.r/by me on the_day of , 2015, at
o'clock .m.
Pete Buttigieg,Mayor
City of South Bend, Indiana
Filed in CiiAs ;'s Office
1st READING
PUBLIC HEARING ��PRi d 2015
3 rd READING
NOT APPRQ.VID
JOHN VOORDE
EERRER
CITY CLERK,SOUTH BEND,IN
PASSED
,;h l 3.
Common Council
City of South Bend Indiana
Henry Davis,Jr.,2nd District Council Member
4th Floor County-City Building
227 West Jefferson Boulevard
South Bend,Indiana 46601
(574)235-5983 (574)235-9173 Facsimile (574)235-5567 TTY/TDD
April 7, 2015
Members of the Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Ordinance Calling for the Establishment of a South Bend Municipal ID Card Program
Dear Council Members:
I am very pleased to file the attached ordinance which calls for the establishment of a South Bend
Municipal ID Card Program. I am also pleased to note that Council Member Oliver J.Davis, Karen
L. White, Gavin Ferlic and Derek D. Dieter voiced enthusiastic support of developing a city ID
card program, at the last Common Council meeting. Council Member Valerie Schey has also
expressed interest in developing such a program. This ordinance would begin to formalize a public
process in moving forward in developing such a program, which is envisioned to be a two-step
process. The proposed ordinance would be the 1st step, and a future resolution of the Council
being the 2nd step, before such a program would be in effect.
As we briefly discussed at the last Common Council meeting held on March 23rd, I have been
working on this topic since last December. At that meeting,many members of the public held up
signs asking for a City ID card program. Some individuals voiced their support of a local City ID
card program that evening when the special resolution declaring Farmworker Awareness Week
was being discussed by the Council, including the Mayor.
There are potentially many positive results which could happen from having a well-constructed
city or municipal ID program, such as:
• Using the ID card for identification purposes when dealing with medical responders from
the South Bend Fire Department
• Using the ID card for identification purposes when a person is a victim of a crime when
dealing with public safety officers from the South Bend Police Department
• Using the ID card for identification purposes when dealing with emergency personnel
during a natural or man-made emergency
Cover Letter to the South Bend Municipal ID Card Program Ordinance
April 7,2015
Page 2
• Using the ID card for identification purposes for City of South Bend recreational and
cultural programs if identification is needed or required.
As noted in the proposed ordinance, we have studied many of the other City ID card programs,
which have been successfully launched in other communities. Some of those programs,in addition
to the positive items highlighted above, have coordinated with other organizations, non-profits,
and financial institutions to develop additional special features such as having other entities
recognize the City ID for identification purposes; and having debit and/or credit features.
The proposed ordinance is patterned after several of the provisions included in ordinances in the
California communities, noting that the San Francisco ordinance was upheld when it was
constitutionally challenged. Unlike the program in New York City which is estimated to cost the
city approximately$8.4 million in its first year of operation, the proposed South Bend Municipal
ID Card Program challenges the City Administration to work with the Common Council and our
community residents, organizations, and businesses in developing a program which would be
operated at minimal or no net cost to the City, its departments, bureaus, or our taxpayers.
Developing and having a secure South Bend Municipal ID Card program is also extremely
important. You will find attached information from the Consulate of Mexico regarding the security
provisions which they use for their Consular ID Cards. The proposed ordinance calls for the South
Bend Municipal ID Card to be developed in such a way as to minimize fraud, counterfeit
reproduction, and also be secured from electronic pickpocketing devices(EP)which are beginning
to create significant identification security problems.
The proposed ordinance sets forth basic standards which will require close collaboration with the
City Administration, the public, and the Council in order to be successful. It calls for the sharing
of additional detailed information regarding how the program would be paid for as well as
recommended fees which would be charged to applicants. A future Council Resolution would be
required for actual implementation of a South Bend Municipal ID Card Program. Such a
Resolution would be filed by the City Administration which would trigger a date certain for
implementation of such a program which would be at minimal or no net cost to the City. In
summary, the proposed ordinance would address:
1. Definitions.
2. Purposes of a South Bend Municipal ID Card Program.
3. Terms and Conditions Before Program Implementation and Issuance of ID Cards.
4. Application Process.
5. Implementation Process and Program Information to be Posted on City's Website.
6. Fees.
7. Proof of Residency for City Services and Programs; Pre-Emption.
8. South Bend Municipal ID Card Holder's Responsibilities.
Cover Letter to the South Bend Municipal ID Card Program Ordinance
April 7,2015
Page 3
9. Altered, Unauthorized Duplications; Counterfeit Reproduced Cards and Misuse of Card.
10. Semi-Annual Updates on Program by the Administration to the Council.
This proposed ordinance would formally begin the discussion process of potentially developing a
South Bend Municipal ID Card Program. We will continue to review other programs so that the
best possible practices will be weighed, debated and considered.
We look forward to spirited, factual, and productive discussions, so that we can continue to
collaborate with concerned citizens, the City Administration, and all interested parties.
Thank you very much.
M.s z
Henry Davis, 2"' ct
South Bend Common Council
Attachments
Filed it]
office
I���• � 2015
RK,s6- iITH BEND,IN
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 2016 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 31,2016
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 31,2016 in the sum of$12,077,143.00, as shown on Budget Form 4-A, filed with the
Common Council on August 19, 2015, 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$4,229,436.00 and a total
tax rate of 0.1382 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.
•
1111bN
Member, South Bend Common Council
Attest:
Sign rinds bid!Is only b p oteie an
City Clerk � for public and
Council Edon on fNs irrup.
Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of
,2015,at o'clock_. m
City Clerk, Deputy
Approved and signed by me on the_day of ,2015,
at o'clock, _.m
Mayor, City of South Bend,Indiana
Filed in Clerk's Office
1 et READING ZM^, r—
AUO. 19 2015
PUBLIC HEARING
3 rd READING
NOT APPROVW9 JOHN 1Ft1
crry CLERK,SOUTH SEND,IN
REFERRED
PASSED :..d
transpo
, spo
south bend public
transportation corporation
Via Hand Delivery
August 19,2015
Mr.Tim Scott
President-City of South Bend Common Council
County-City Building-Room 400S
South Bend,IN 46601
Dear President Scott:
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 2016 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 31,2016
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 4,2015 and the second
publication must be made by September 11,2015.
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 19,2015.
Transpo's budget was filed with the Common Council on August 19,2015. 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.
Sin(
David Cangany
General Manager, South Bend Public Transportation Corporation
(574)232-9901 • FAX (574)239-2309. 1401 South Lafayette Blvd•South Bend, IN 46613
south bend public
transportation corporation
2016 FISCAL OPERATING & CAPITAL BUDGET
January 1, 2016 through December 31, 2016
Prepared By
South Bend Public Transportation
SOUTH BEND PUBLIC TRANSPORTATION CORPORATION
SOUTH BEND, INDIANA
2016 FISCAL YEAR BUDGET REQUEST
TABLE OF CONTENTS
BUDGET ESTIMATE FOR 2015
PROJECTIONS/ASSUMPTIONS
2016 Revenue Projection 1
2016 Expense Projection 2
2016 Appropriations 3
2016 Budget Assumptions 4
2016 Budget Policy Statements 6
2016 Budget Summaries by Category—All Accounts 7
2016 Capital Requirement 16
SOUTH BEND PUBLIC TRANSPORTATION CORPORATION
2016 REVENUE PROJECTION
%CHANGE•2016 BUDGET VS.Actual
2016 2015 2014 2016 2014
SOURCE BUDGET BUDGET ACTUAL BUDGET ACTUAL
FAREBOX $ 1,504,253 $ 1,421,919 $ 1,432,235 5.79% 5.03%
ADVERTISING $ 72,000 $ 72,000 $ 72,000 0.00% 0.00%
LEASE REVENUE $ 174,516 $ 174,516 $ 174,527 0.00% -0.01%
CONCESSIONS AND MISCELLANEOUS $ 68,500 $ 68,500 $ 20,667 0.00% 231.45%
INTEREST INCOME $ 12,985 $ 12,985 $ 759 0.00% 1611.55%
PROPERTY TAX $ 2,714,858 $ 2,675,000 0
$ 2,670,133 1.49% 1.67%
LICENSE EXCISE TAX $ 210,000 $ 200,000 $ 221,276 5.00% -5.10%
OPTION INCOME TAX $ 462,000 $ 423,000 $ 445,847 9.22% 3.62%
STATE ASSISTANCE $ 1,984,401 $ 1,884,000 $ 1,974,543 5.33% 0.50%
FEDERAL PREVENTIVE MAINTENANCE $ 1,640,000 $ 1,620,000 $ 1,355,800.0 1% 20.96%
FEDERAL ASSISTANCE $ 1,781,866 $ 1,176,000 $ 900,501.0 - 52% 97.87%
LEASE PAYMENT FROM CITY $ 200,000 $ 400,000 $ 400,000.0' 0% -50.00%
TOTAL $10,825,378 $10,127,920 $ 9,668,286.6 6.89%1 11.97%
1
SOUTH BEND PUBLIC TRANSPORTATION CORPORATION
2016 EXPENSE PROJECTION
2016 %CHANGE-2016 BUDGET VS.Actual
Expense Cate.o 2015 2014 2015
BUDGET BUDGET AUDITED 2014
Tan•ible Pro.e /fixed Assets BUDGET AUDITED$ - $ - $ N/A Salaries 8,Wa•es N/A
$ 5,531,476 $ 5,416,098 $ 5,036,057 2.13% 9.84%
Frin•e Benefits 9.84/o
$ 2,272,399 $ 2,049,701 $ 1,779,273 10.86% 27.72%
Services 27.72/o
$ 779,867 $ 780,292 $ 1,037,940 0
Materials& Su••lies 0.05/0 -24.86%
$ 1,110,466 $ 1,277,033
Utilities $ 1,740,194 13.04% -36.19%
$ 278,857 $ 244,420 $ 200,050 0
Insurance 14.09/0 39.39%
$ 230,477 $ 230,477 $ 193;395 0.00% 19.17%
Other Taxes
$ $ $ - N/A
Miscellaneous N/A
$ 121,835 $ 121,835. $ 151,159 0.00% o
SUB-TOTAL -19:40%
$ 10,325,378 $10,119,856 $ 10,138,068 2.03% 185%
Transfer-Ca•ital Im•rovements/Reserve for Liabili .
$ 500,000 $ 8,063 $ - 61.01:17% o
100.00/o
TOTAL $ 10,825,378 $10,127,919 $ 10,138;068 6.89% — o
6.78/0
2
TRANSPO
Budgeted Appropriations
Operating Budget Capital Budget Total 2015
Category 2016 2015 2016 2015 Appropriations
Personnel Services 7,803,874 7,465,799 7,803,874
Other Services and Charges 1,911,036 1,385,087 1,911,036
Supplies 1,110,466 1,277,033 1,110,466
Capital Outlays 208,628 375,461 1,043,138 1,877,305 1,251,766
Total Appropriations $11,034,004 $10,503,380 $ 1,043,138 $1,877,305 $ 12,077,143
I I I
3
, ,
transpo
2016 OPERATING BUDGET ASSUMPTIONS
REVENUES:
Federal. State. and Local: Given past and continued success in securing adequate
capital funds through Federal Capital Grants for major capital projects that are becoming
less common. Transpo is able to continue to avail ourselves of annual federal capital
formula grant funds toward preventative maintenance and operating assistance, such
funds available to the operations budget. In 2016, the State of Indiana has fixed PMTF
rate for the next two years and has made it a line item in the State's Budget. We based
the 2016 PMTF revenue on 2015 actual approved budget. This caused our budget
figure to be increase by $100,401 from the 2015 budget. Property Tax revenue was
budgeted at$39,858 increase from the prior year.
Ridership and Leases: Farebox revenues from regular services include a slight
increase from our.2015 budgeted levels. The revenue increase is due to slight change
in the fare structure in 2015 eliminating transfers. Transpo Access has realized an
increase in ridership since 2008 and is expected to continue this trend in future years
EXPENSES:
Employee Wages and Benefits: For 2016, Transpo budgeted, a slight increase in
wages for employees. Employee benefits reflect an estimated 10.86% increase over
2015. This increase is mainly due to an estimated increase of fifteen percent in health
insurance premiums and other employee benefits outlined in the collective bargaining
agreement and contingencies for future premiums given their historical trends.
Vehicular and Operating: Vehicular and other insurances costs decreased slightly
from the 2015 budget. Diesel fuel has been budgeted at an average of$3.09 per gallon
and gasoline at $2.50 per gallon. Starting in 2016, Transpo will have all sixteen fixed
route CNG vehicles providing service. Transpo budgeted a decrease, in its overall fuel
cost, of $219,707. This decrease in fuel expenses should continue to as more of fixed
route vehicles are converted to CNG.
Utilities: Utility costs were budgeted with an increased from the 2015 forecasted levels.
Marketing: Marketing contracts, services, and advertising placement accounts have not
been changed from 2015 budgeted figures.
4
Training: The 2015 budgeted amounts increased from 2014 budgeted provisions.
Transpo plans to use federal grants to offset most of the cost associated with training.
The current budget provides continued opportunities for all positions.
Transfer - Capital Improvement .Fund/Restricted .Liability Reserve: The 2016
budget provides the opportunity to transfer up to $500,000 to the Capital Improvements
fund for future capital expenditures or deposit up to $500,000 into a restricted liability
reserve account, to be used pay off the first year installments on sixteen fixed route
vehicles.
> UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND
PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET,
BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED.
THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL
REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT.
5
2016 OPERATING BUDGET POLICY STATEMENTS
FINANCIAL CAPACITY:
1. The proposed budget does not reflect any fare changes. A fare analysis may
be conducted and recommendations will follow, based upon the results of the
analysis.
2. Management will continue to search for investment, grant and funding
opportunities so as to maximize revenues.
3. Management will assure cash handling practices to safeguard funds in its
protection and toward timely collection of funds owed.
SERVICE POLICY:
4. A review of current services levels will be conducted and recommendations
will follow based upon the results of the analysis.
5. Management will continue to work within the current FTA charter regulations
and existing agreements with private charter providers in order to provide
charter services.
6. ACCESS service will be provided in accordance with all applicable FTA
guidelines.
MANAGEMENT:
7. A professional workforce will carry out our Mission Statement. Management
will assure fairness, even-handedness, consistency, and effective Equal
Employment Opportunity and Affirmative Action policies and practices.
8. Assumes continuation of team development, employee recognition, and
continuation of increased opportunities for employee training.
9. Assumes continued pursuit of programs of wellness and accident prevention
in an effort to stem, to whatever extent possible, rising insurance costs.
6
I IwNI-V
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Salaries &Wages Summary
2014 ACTUAL $ 5,036,056 2016 BUDGET REQUEST $ 5,531,476
2015 MONTHLY AVERAGE $ 424,345 2015 APPROVED BUDGET $ 5,416,098
2015 EST EXPENSE $ 5,092,138 BUDGET CHANGE $ 115,378
Account Title 2015 2016
Operators $3,391,192 $ 3,464,685
Access Drivers&Clerk 438,306 464,052
Operations Administration 371,078 374,166
Revenue-Vehicle Maintenance 684,971 690,547
Maintenance Administration 119,174 119,725
Non-Revenue-Vehicle Maintenance 70,241 71,058
General Administration 341,136 347,242
Total $5,416,098 $ 5,531,476
7
1 r[/ilMOru
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Fringe Benefits Summary
2014 ACTUAL $ 1,779,272 2016 BUDGET REQUEST $ 2,272,399
2015 MONTHLY AVERAGE $ 170,765 2015 APPROVED BUDGET $ 2,049,701
2015 EST EXPENSE $ 2,049,179 BUDGET CHANGE $ 222,698
Account Title 2015
2016
FICA $ 414,331
Pension plan $ 2 , 94
211,694 21111,6694
Medical Insurance 1,175,516 , 1,377,570
Dental Insurance 42,887 50,477
Life Insurance 24,032 24,032
Short-Term Disability 22,189 22,189
Unemployment Insurance 10,925 10,925
Worker's Compensation 97,337 101,235
Uniforms 46,790
Tool Allowance 47,119
4,000 4,000
Total $2,049,701 $2,272,399
8
I NANVL)
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Services Summary
2014 ACTUAL $ 984,072 2016 BUDGET REQUEST $ 779,867
2015 MONTHLY AVERAGE $ 181,802 2015 APPROVED BUDGET $ 780,292
2015 EST EXPENSE $ 846,235 BUDGET CHANGE $ (425)
Account Title 2015 2016
Management Service Fees $263,868 $ 263,868
Professional& Technical 279,939 274,939
Board Travel 10,000 10,000
Temporary Help 2,500 2,500
Contract Services Operations 12,050 12,050
Contract Services Maintenance 115,000 115,000
Contract Services Administration 37,460 37,460
Security Services 59,475 64;050
Physical Damage Repairs 20,000 20,000
Recoveries of Physical Damage Repairs (20,000) (20,000)
Total $ 780,292 $ 779,867
9
I I%nwory
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Materials & Supplies Summary
2014 ACTUAL $ 1,479,781 2016 BUDGET REQUEST $ 1,110,466
2015 MONTHLY AVERAGE $ 121,488 2015 APPROVED BUDGET
$ 1,133,496
2015 EST EXPENSE $ 1,457,851 BUDGET CHANGE
$ (23,030)
Account Title
2015 2016
Fuel& Lubricants Operations $ 825,408 $ 806,391
Fuel& Lubricants Maintenance 17,428
Tires & Tubes Maintenance Tires
& Supplies 5,000 2,560
0
pp Operations 25,000
Materials & Supplies Maintenance 210,000 25,000
Materials&Supplies Marketing 35,600 235,600
Other Materials & Supplies Operations 35,500
Supplies 4,500 4,500
Other Materials & Su
PP Maintenance 2,600 2,600
Other Materials & Supplies General Administration 10,400 10,400
Total $1,133,496 $ 1,110,466
•
10
I N#kNI-'U
2016 BUDGET SUBMISSION
DEPARTMENT: Administration & Maintenance
ACCOUNT TITLE: Utilities
•
ACCOUNT NUMBER: 505-0x50-00 505-0x2x-00
•
2014 ACTUAL $ 209,394 2016 BUDGET REQUEST $ 278,857
2015 MONTHLY AVERAGE $ 25,018 2015 APPROVED BUDGET $ 244,420
2015 EST EXPENSE $ 300,221 BUDGET CHANGE $ 34,437
Account Title 2015
2016.
Electricity $ 98,014
$ 98,014
Electricity-CNG $ 35,153 $ 45,941
Water& Sewage $ ,16,654 $ 16,654
Trash Collection $ 5,000 $ 5,000
Telephone $ 10,351
$ 34,000
Natural Gas $ 79,248
$ 79,248
Totals $ 244,420 $ 278,857
11
I nrumory
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Insurance Summary
2014 ACTUAL $ 190,051 2016 BUDGET REQUEST $ 230,477
2015 MONTHLY AVERAGE $ 17,354 2015 APPROVED BUDGET $ 230,477
2015 EST EXPENSE $ 208,250 BUDGET CHANGE $ -
Insurance- Liability& Physical Damage $ 224,192
Other Corporate Insurance
6,285
Total $ 230,477
12
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Miscellaneous Summary
2014 ACTUAL $ 151,083 2016 BUDGET REQUEST $ 121,835
2015 MONTHLY AVERAGE $ 9,450 2015 APPROVED BUDGET $ 121,835
2015 EST EXPENSE $ 150,567 BUDGET CHANGE $ _
Account Title 2015 2016
Dues & Subscriptions $ 27,835 $ 27,835
Travel & Meetings 20,000 20,000
Community Services 15,000 15,000
Promotion 3,000 3,000
Advertising Placements 45,500 45,500
Interest Expense on Tax Warrants 10,500 10,500
Total $ 121,835 $ 121,835
13
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Transfer-Capital Improvement Fund/Reserve for Liability
ACCOUNT NUMBER: 301-0101-00
2014 ACTUAL $ - 2016 BUDGET REQUEST $ 500,000
2015 MONTHLY AVERAGE 2015 APPROVED BUDGET $ 8,063
2015 EST EXPENSE BUDGET CHANGE $ 491,937
This account is used for the transfer to the Capital Improvement Fund for the
"Local Share"or to fund a reserve for future liabilities. The capital expenditures
are detailed in the monthly Capital Improvement resolutions. $ -
Loan Payment 500,000
Detail of Capital Funds required to match existing grants on following page
Total $ 500,000
14
TRANSPO
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Passenger Fares Summary
ACCOUNT NUMBER: 413-0100-00
2014 ACTUAL: $ 1,432,235 2016 BUDGET REQUEST $ 1,504,253
2015 AVERAGE: $ 117,420 2015 APPROVED BUDGET $ 1,421,919
2015 ESTIMATED: $ 1,409,034 BUDGET CHANGE: $ 82,334
Account Title 2015 2016
Passenger Revenue $ 944,883 $ 802,698
Access Passenger Revenue 43,742 51,187
Access Punch Card Revenue 67,891 73,321
Passport Revenue 174,755 166,075
Student Pass Revenue 40,110 41,130
Tripper Revenue 9,623 9,623
Two Ride Pass Revenue
Two Week Pass 72,007 90,048
One Day Pass 65,759 263,721
Student Summer Pass 3,150 6,450
$ 1,421,919 $ 1,504,253
15
I KAINal-'L)
2016 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Capital Fund Requirements
ACCOUNT NUMBER: 301-0101-00
2014 ACTUAL $ 6,121,744 2016 BUDGET REQUEST $ 1,043,138
2015 MONTHLY AVERAGE $ 173,785 2015 APPROVED BUDGET $ 1,877,305
2015 EST EXPENSE $ 2,085,425 BUDGET CHANGE ,$ (834,167)
$$$ FTA/State Total
Grant Number Available Funded Required
Grant- IN-04-0053 $ 1,612,750 $ 1,290,200 $ 322,550
Grant- IN-34-0002 $ 202,942 $ 162,354 $ 40,588
Grant-IN-95-X048 $ 750,000 $ 600,000 $ 150,000
Grant IN-90-X628 $ 350,000 $ 280,000 $ 70,000
Grant-IN-90-X650 $ 300,000 $ 240,000 $ 60,000
2015-2016 FTA GRANT $ 2,000,000 $ 1,600,000 $ 400,000
Total $ 5,215,692 $ 4,172,554 $ 1,043,138
16
Substitute
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 31,2016
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 2016.
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 2015 to be collected in the year 2016
the following:
For CORPORATION GENERAL FUND,the sum of$3.6989 on each one hundred dollars of
Taxable Property.
For PARK AND RECREATION FUND,the sum of$0.7846 on each one hundred dollars of Taxable
Property.
For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$0.0560 on each one hundred
dollars of Taxable Property.
Total Civil City Rate$4.5395
For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME),the sum of$0.0953 on
each one hundred dollars of Taxable Property.
Total Redevelopment Rate$0.0953
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.
Member 6'111- • on Council
Attest: F; - :41 r.n.14 tB platitio8 371
&grog vi
C01d(i to aafti . Fs 9
City Clerk
Substitute
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 iri office
R?Z —I 9 2015 7 st READING 7;;
PUBLIC HEARING
rd READING JOW 'rJ;F-iSi+u,
NOT APPROVED CITY CLERK,SOUTH BEND,IN
--
REFERRED
PASSED
•
•rj
• SpUTHge..
1200N COUNTY-CITY BUILDING , OF I r '1p PHONE 574/235-7678
227 W.JEFFERSON BLVD. x FAX 574/235-9928
SOUTH BEND,INDIANA 46601-1830 ° . -' o• •
c W .*Pgvace; p S-p
7865 °'
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 29, 2015
Mr. Tim Scott
President, South Bend Common Council
4'h 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, 2016—Substitute Bill No. 41-15
Dear Council President Scott:
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, 2016 and ending December 31, 2016. This tax rate will apply for
property tax assessments in fiscal 2015 with taxes payable in fiscal 2016.
Similar to prior years, this bill has been filed with the 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, 2016. The actual
property tax rates will depend on the 2015/pay 2016 net assessed valuation of property in South
Bend.
This substitute bill was submitted for 1st read filing with the Common Council for the council
meeting on August 24, 2015, 2nd reading and public hearing at the council meeting on
September 28, 2015, with 3rd reading and council vote at the council meeting on October 12,
2015.
I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance
Committee and other meetings of the South Bend Common Council.
Respectfully submitted, Filed it C.frogz'g Office
\u cr7 29 2015
.C.12 H. Murphy ! JOttir. • «3D
City Controller CITY CLERIC,SOU TH BEND,IN
d(24
ill /3�_
•
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL
DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND,INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY 1,2016 AND ENDING DECEMBER 31,2016 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 2016.
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 31,2016,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 II. For the fiscal year ending December 31,2016,there is hereby appropriated out of
the General Fund Number 101 and from Funds other than the General Fund,of said City to wit:
(103) Excess Levy Fund
(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
(273) Morris PAC/Palais Royale Marketing Fund
(278) Police Take Home Vehicle Fund
(279) 311 Call Center
(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
(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
(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 .I• • •, and .. ter its passage by the Common
Council and approval by the Mayor.
Member'u le ommon Council
Attest Signing of this PM Is only to provide an
Sao* for public haefiv and
City Clerk
Council 1 on U kait
Presented by me to the Mayor of the City of South Bend,Indiana on the day of
2_,at o'clock .m.
•
City Clerk
Approved and signed by me on the day of ,2 ,at
o'clock, .m.
Mayor,City of South Bend,Indiana
Q Fled in Clerk's Office
let READING // z'f--41 IT,�I� 1 2�,fd
PUBLIC HEARING
3 rd READING +.'M,_ OH..._.
Jr,Dti6d Yl'iVF$t3•m
NOT APPROVED CITY CLERK,SOUTH BEND,IN
'FERRED ..:.
PASSED
1200NCouNrr-CITYBUIIDJNG F
227 W..IERFERSON Burp. ��\ ��d PHONE 574/235-9216
/ $ ` Fax 574/235--9928 8
SOUTH BEND,INDIANA 46601-1830 'ta ? a=•
a • .
1865
Can OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 19,2015
Mr. Tim Scott
President, South Bend Common Council
4th Floor, County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of
Departments and Funds of the Civil City of South Bend for the fiscal year ending December
31, 2016
Dear Council President Scott:
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,
2016 and ending December 31,2016.
This bill is respectively submitted for Pt read filing with the Common Council for the council
meeting scheduled for August 24, 2015, 2nd read and public hearing at the council meeting on the
September 28,2015, with 3`d read and council vote at the council meeting on October 12, 2015.
This bill will be presented to the Common Council by the Mayor, Controller, Department Heads
and other staff of City Administration as required at the appropriate sessions of the Personnel and
Finance Committee and at the public hearing.
Respectfully submitted,
\a Filed in CEsrk.'e Office
J H. Murphy
City Controller PY3 19 2015
-:+r tORDE
ICITY CLci'tt:,SOUTH BEND,IN
`( 3-tr
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 1,2016 AND ENDING DECEMBER 31,2016 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 2016.
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 31,2016,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 II. For the fiscal year ending December 31,2016 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
(626) Water Works Bond Reserve
(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
• (661) 2012 Sewer Bond Fund
(670) Century Center Operating Fund
(672) Century Center Energy Savings Debt Service 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.
•
Member of the Common Council
Attest:
Signing of tlt bill is only to provide an
opportunity for public Waft and
Council adke on this ire
City Clerk
Presented by me to the Mayor of the City of South Bend,Indian on the day of
, ,at o'clock .m.
Deputy City Clerk
Approved and signed by me on the
day of , ,at_o'clock .m.
Mayor,City of South Bend,Indiana
•
Filed in C rk's Office
10 READING D '24'tY
1 PUBLIC HEARING AUG 2015
3 rd READING IIE
NOT APPROVFA JO}vs,' vO&oP:
REFERRED CITY CLERK,SOUTH BEND,IN
PASSED
4 art:
1200NCouNrr-CY7vB[ntnrNC <!.F /�'
\� i%�'' PHONE 574/235-9216
227 W JEFFERSON BLVD. \� i i ii d
W ��� �/i �" FAR 574/235-9928
SOUTH BEND,INDIANA 46601-1830 EtO� 0 2
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 19, 2015
Mr. Tim Scott
President, South Bend Common Council
4th Floor, County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated
Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2016
Dear Council President Scott:
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, 2016 and ending December 31, 2016.
This bill is respectively submitted for 151 read filing with the Common Council for the council
meeting scheduled for August 24, 2015, 2rd read and public hearing at the council meeting on the
September 28, 2015, with 3rd read and council vote at the council meeting on October 12,2015.
This bill will be presented to the Common Council by the Mayor, Controller, Department Heads
and other staff of City Administration as required at the appropriate sessions of the Personnel and
Finance Committee and at the public hearing.
Respectfully submitted,
)a. it C erk's Office
Jo H. Murphy ---
City Controller U;, 1 g 2015
40ORDE
CITY CLERk., LOUTH BEND,IN
LAL
lect
•
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
•
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
217 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571
CAP
Wednesday, August 19,2015
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: A public hearing on a proposed ordinance of County Development, LLC to zone from R: Single
Family District, B: Business District and C: Commercial District,(County)to CB Community Business
District(City),property located at 23530 State Road 2; 56575, 56589, 56605 Mayflower Road; 23562, 23580
Huron Street; 56546, 56576, 56586 and 56660 Hollywood Boulevard,City of South Bend - APC#2747-15.
Dear Council Members:
1 hereby Certify that the above referenced ordinance of County Development, LLC was legally advertised on
Thursday, August 06, 2015 and that the Area Plan Commission at its public hearing on Tuesday, August 18,2015
• took the following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and carried, the proposed ordinance of
County Development, LLC to zone from R: Single Family District, B: Business District and C:
Commercial District, (County)to CB Community Business District(City),property located at 23530
State Road 2; 56575, 56589, 56605 Mayflower Road; 23562,23580 Huron Street; 56546, 56576, 56586
and 56660 Hollywood Boulevard,City of South Bend is sent to the Common Council with a FAVORABLE
recommendation, subject to Written Commitments for no off-premise signage on site. This location is an
appropriate expansion of a commercial area. The Western Avenue Corridor is already equipped to handle the
traffic which this site will draw. Surrounding residential properties should be minimally impacted by this use
due to the extensive screening that will exist and the orientation of the traffic to Mayflower Road.
PLEASE NOTE: that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in
the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
-721- &VA
Angela M. Smith
Attachment
CC: IN sDevoelop LLC BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
aOC I-Gmer csnc e&
M•WW.ST)OS EP N COUNTY IN 0/ANA,CO M/AREAPLAN
Staff Report 8/7/2015
APC # 2747-1.5
Owner: County_Development, LLC
Location: 23530 State Road 2; 56575, 56589, 56605 Mayflower Road; 23562,
23580 Huron Street; 56546,56576, 56586 and 56660 Hollywood
Boulevard
Jurisdiction: City of South Bend
Public Hearing Date: 8/18/2015
Requested Action:
The petitioner is requesting a zone change from C:Commercial District,B: Business
District and R: Single Family District in unincorporated St. Joseph County to CB
Community Business District in the City of South Bend,and seeking ten variances from
the development standards.
Land Uses and Zoning:
On site: On site is an existing restaurant zoned C: Commercial District, and vacant
single family homes zoned R: Single Family District and B: Business
District.
North: To the north is an integrated commercial center zoned C: Commercial
District in the County. Across Western Avenue is a church zoned B:
Business District in the County.
East: To the east across Mayflower Road is a gas station and a lawnmower sales
shop zoned GB General Business District and single family homes with
screening fences zoned SF1 Single Family& Two Family District, all in
the City of South Bend.
South: To the south are single family homes and a tavern zoned R: Single Family
District in the County.
West: To the west across Hollywood Boulevard are single family homes zoned R:
Single Family District and B: Business District in the County.
District Uses and Development Standards:
The CB -Community Business District is established to provide a location for high
volume and high intensity commercial uses. Activities in this district are often large space
users which may include limited amounts of outdoor sales or outdoor operations.
Developments within the CB District shall be coordinated to facilitate vehicular and
pedestrian access from nearby residential districts.
Site Plan Description:
The 8.4 acre site will contain an existing restaurant on the northeast corner and a proposed
40,000 square foot grocery store, which will front on Mayflower Road. The petitioner has
filed a petition to vacate Huron Street. The proposed site plan includes 296 parking
spaces for the grocery store and 61 spaces for the restaurant. A variances has been
APC# 2747-15 Page 1 of
Staff Report 8/7/2015
requested to allow the employee parking to encroach into the 20'residential bufferyards
along the south and east property lines. A combination of Type 13 partial screening and a
6'ornamental fence with arborvitae evergreen trees are proposed along the majority of the
bufferyard with lower shrubs along the access drive into the site The petitioner is
providing increased buffering along Hollywood Boulevard, including landscaping and a
solid ornamental fence. Parking screening is proposed along Western Avenue. Along
Mayflower an ornamental fence is proposed.
Zoning and Land Use History And Trends:
In 1966,the southwest corner of Western and Mayflower was rezoned to C: Commercial
District, subject to a final site development plan for a restaurant. The southwest corner of
Western and Hollywood was rezoned to C: Commercial District in 2009.
Traffic and Transportation Considerations:
Western Avenue is a four lane divided highway with turn lanes at the intersection with
Mayflower. Mayflower Road has two lanes with a left turn lane at the intersection with
Western. Huron Street and Hollywood Boulevard have two lanes.
Utilities:
This site will be served by municipal sewer and water.
Agency Comments:
The County Surveyor,the Department of Community Investment, and County Engineering
offer a favorable recommendation. City Engineering has not yet provided comments.
Commitments:
The petitioner is not proposing any written commitments. Staff is requesting a written
commitment for no off-premise signage on site.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006) Policy ED 4.6: Encourage business investment that actively seeks to employ and
promote a diverse workforce;and Policy LU 2.2: Pursue a mix of land uses along major
corridors and other locations identified on the Future Land Use Map.
Land Use Plan:
The future land use map identifies this area as mixed use and low density residential.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Western Avenue into the City of South Bend has developed as a commercial corridor,
which includes several other large retail buildings, gas stations,restaurants, shopping
APC # 2747-15 Page 2 of 4
Staff Report 8/7/2015
plazas, and car lots. The area between Mayflower Road and Hollywood Boulevard,
bordered by Western Avenue and Sample Street have remained predominantly residential,
with the exception of the properties along Western Avenge and Sample Street,which have
developed as commercial. A tavern also exists on the southwest corner of Mayflower
Road and Huron Street.
3. Most Desirable Use:
The most desirable use for this site is one that expands and promotes the commerce along
Western Avenue,while limiting any negative impact to the residential properties to the
south and west.
4. Conservation of Property Values:
Due to the extensive existing and proposed screening in the form of landscaping and
fencing, surrounding property values should not be adversely affected.
5. Responsible Development And Growth:
It is responsible growth and development to allow the expansion of the Western Avenue
Commercial Corridor in this natural progression.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and ten variances
from the development standards. The Commission will forward the rezoning to the
Common Council with or without a recommendation and either approve or deny the
variances.
The variances are as follows:
1) From the required MinimunResidential Bufferyard of 20'to 12'for parking on the
south and east property lines as shown;
2) Fronthe requirement that outdoor seating shall not be located between a building line
and a residentiabufferyard to allow for outdoor seating between the south building line
and the south residentiabufferyard;
3) From the maximum height of 36" in height for a fence located in a minimum front yard
J 6' in height for fence along Hollywood Boulevard;
4) From the required screening of trasleontainers to none;
5) From the requirement that trash containers not be located between the fronfacade of
the primary building and the front lot line to allowing trash containers between the west
acade of the primary building and the front(west) lot line;
6) From the required"bail out"lane for diive through facilities to none;
7)From the required landscaping of required perimeter yards andesidential bufferyards
to landscaping as shown on the site plan;
8) From the required foundatiodandscaping to landscaping as shown on the site plan;
9) From the required off-street parking areacreening to none on the east, west, or south
parking areas; and
10) From the required no off-streetoading between the front lot line and the front facade
to allowing loading spaces between front(west)ot line and the west building facade.
APC # 2747-15 Page 3 of 4
staff Report 8/7/2015
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved.
(1)The approval will not be injurious to the public health,safety,morals,and general
welfare of the community. This is an appropriate extension of commercially zoned
property consistent with the character of the area
(2)The use and value of the area adjacent to the property included in the variance will not
be affected in a substantially adverse manner. The substantial amount of screening that
will be provided will protect surrounding residential property values.
(3)The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. The property fronts on two streets,creating a
practical difficulty for locating some of the essential items for the commercial
development. The strict application will prevent the site from being developed into a
functional grocery store.
Recommendation:
Based on information available prior to the public hearing, staff recommends the rezoning
petition be sent to the Common Council with a favorable recommendation. Staff
recommends approval of all ten variances.
Analysis:
This location is an appropriate expansion of a commercial area. The Western Avenue
Corridor is already equipped to handle the traffic which this site will draw. Surrounding
residential properties should be minimally impacted by this use due to the extensive
screening that will exist and the orientation of the traffic to Mayflower Road.
APC # 2747-15 Page 4 of 4
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Rezoning from: --�'°��'��� J " �`�' °
"C" COMMERCIAL DISTRICT, "B" BUSINESS DISTRICT,
& "R" SINGLE FAMILY DISTRICT ST JOSEPH COUNTY to
"CB" COMMUNITY BUSINESS DISTRICT CITY OF SOUTH BEND
MASTER ZONING KEY � N
COUNTY R SINGLE FAMIYCISTRICT
w O •� E
COUNTY"E'BUSINESS DISTRICT 4i ,.
COUNTY-C"COMMERCIAL S
S•OUTH BEND•'SF:"SING LEFAL'ILYANC'TWO FA!!ILYDISTRICT 1 inch = 300 feet
Iw'+ ` SOUTH BEND'CB'CON M UNITY EUSINESSCISTRICT
SO.UTH BEND'GB"GENERAL BUSINESS DISTRICT 74
LAWRENCE r:P.CIMAGILIROZZI
Angela M. Smith
L)rpuIy Dir.r/or
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON' BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 5574) 235-9571
August 19, 2015
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
RE: Bill#34-15
Rezoning: Southwest corner of Mayflower Road and Western Avenue (County
Development, LLC)
Dear Council Members:
The following changes have been made to the Ordinance for the above referenced petition:
Ordinance:
1.) Section IV has been added, making the rezoning subject to written commitments.
A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to
contact me at(574)235-9571.
Sincerely,
•
Matthew P. Chappuies, Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STJOSEPMCOUNTY INDIANA.COM/ARE AP LAN
•
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA,AND AMENDING THE ZONING ORDNANCE FOR PROPERTY
LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT#6, FOR 23530 S.R. #2, 56575, 56589, 56605 MAYFLOWER ROAD, 23562,
23580 HURON STREET AND 56546, 56576, 56586, 56660 HOLLYWOOD BOULEVARD,
SOUTH BEND; INDIANA
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation and zoning of 8.93 acres more or less located in Portage
Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the
territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this
territory to the City of South Bend, Indiana,and to establish a zoning district of this territory.
THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AS FOLLOWS:
SECTION I. That the following described real estate situated in St. Joseph County, Indiana,
being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the
present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
A part of the Southwest Quarters of Section 8, Township 37 North, Range 2 East, Portage
Township, St. Joseph County, Indiana, which is described as: beginning at a point 1 foot South
of the intersection of the South right-of-way line of Western Avenue extended East with the
Centerline of said Mayflower Road and the existing Corporation line for the City of South Bend;
thence South along said Centerline and Corporation line a distance of 598.90 feet more or less;
thence West along a line which is parallel to and 10 feet North of the Centerline of Vacated
Huron Street and its Easterly extension a distance of 240 feet more or less to a point which is 40
feet North of the Northeast corner of a parcel of ground identified with Tax Key Number 17-
1034-095401 in the Records of the Auditor's Office of St. Joseph County, Indiana; thence South
along the East line of said Parcel and its Northerly extension a distance of 190 feet more or less
to the South line of Lot# 68 in the Plat of"Grouse's Addition" as recorded in the Records of the
St. Joseph County, Indiana Recorder's Office; thence West along the South line of said Lot # 68
and Lot # 54 in said Plat a distance of 389 feet more or less to a point 1 foot East of the East
right-of-way line of Hollywood Boulevard; thence North parallel to and 1 foot East of said East
line a distance of 610 feet more or less; thence East a distance of 139 feet more or less to the
Northeast corner of a Parcel of ground identified with Tax Key Number 17-1034-0928 in the
2
records of said Auditor's Office; thence South along the East line of said Parcel a distance of 100
feet more or less to the North line of Lot # 56 in said Plat; thence East along said North line a
distance of 160 feet more or less to the Southwest corner of Lot # 61 in said Plat; thence North
along the West line of said Lot #61 a distance of 269 feet more or less to a point 1 foot South of
the South right-of-way line of Western Avenue; thence East parallel to and 1 foot South of said
South line a distance of 330 feet more or less to the point of beginning.
Containing 8.93 acres more or less.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby
declared to be extended so as to include the real estate of the above described parcel as a part of
the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495-04, as amended which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in
order that the zoning classification of the above described real estate, with the exception of all
adjacent right-of-ways, in the City of South Bend, St. Joseph County, Indiana be and the same is
hereby established as CB Community Business District, provided, however, that the required,
established, and stated procedures for review of such zoning classification by the Area Plan
Commission have been fully satisfied.
SECTION IV. This ordinance is and shall be subject to the written commitments as recorded in
the St. Joseph County Recorder's Office.
SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
MEMBER OF THE COMMON COUNCIL
Attest:
•
•
City Clerk
•
3
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
,2 , at o'clock m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock .m.
Mayor, City of South
Filed in Cipre's office
s! READING
- t3-Ir
PUBLIC HEARING AUG 1 9 2015
3 rd READING
NOT APPROVED /_t3-If' JOHNVdQRO:i
REFERRED A - ' CITY CLERIC,SOUTH REND,IN
PASSED
ORDINANCE NO.
PETITION FOR A COMBINED HEARING
City ofSouth Bend.Indiana
I (we) the undersigned make application to the City of South Bend Common Council for the
voluntary annexation of land into the City of South Bend,Indiana,and for the zoning of that land as
herein requested.
I) The subject property is located at:
23530 S.R.#2,56575,56589;56605 Mayflower Road,23562,23580 Huron Street and 56546,56576,
56586,56660 Hollywood Boulevard, South Bend,Indiana 46619.
2) The property Tax Key Number(s)is/are:
17-1034-0933 17-1034-0950 17-1034-0951 17-1034-0952 17-1034-0953 17-1034-0928
17-1034-0934 17-1034-0935 17-1034-0936 17-1034-093601 17-1034-095401
3) Name and address of property owner(s)of the petition site:
County Development,LLC,Attn:Edward W.Hardig-Manager
131 South Taylor Street
South Bend,Indiana 46601
(574)807-0170
E-Mail Address:NM
4) Name and address of contingent purchaser(s),if applicable:
NM
E-Mail Address N/A
5) It is desired and requested that this property be rezoned:
From(County): R Single Family District and C Commercial District
To(City): CB Community Business District
6) This annexation and rezoning is requested to allow the following use(s):Grocery Store and Restaurant
along with other permitted uses under the CB Community Business zoning classification.
7) Number of persons residing on property to be annexed:N/A
8) If applicable,a detailed description and the purpose of the variance(s)being requested:
The Petitioners have owned the real estate shown on the attached site plan for the past year or so. The
Petitioners desire to take the shown real estate and construct a new Grocery Store facility on the main
portion of the site. There is an existing restaurant building located at the northeast corner of the site which
will remain for the present time and continue in operation. The other existing residential structures will be
removed. A portion of the property is also bisected by Huron Street which is a public right-of-way. As
shown, the proposed Grocery Store will be located on the main portion of the site towards the west side of
the property. The building will be oriented towards Mayflower Road with a parking lot in front of the
building and employee parking on the south side of the site. The main access into the site will be from
Mayflower Road at the southeast corner of the site. There are two existing driveway openings that will
continue to be used. One is on Western Avenue and the other will be a driveway onto Mayflower at the
northeast corner of the site. There is one opening planned onto Hollywood Boulevard at the southwest
corner of the site. This will be limited for use by cars only and no trucks. All deliveries to the site will be
from Mayflower Road or Western Avenue. The Petitioners have attempted to work with the property owner
at the southeast corner of the project site The property is being used for a Tavern, is zoned residential and
appears to be a legal-non-conforming use With the requested Vacation of Huron Street, the Petitioners
have designed their site to allow for continued access to the Tavern from the north by providing a driveway
between the two properties.This design will allow for the adjacent owner to continue to access parking
spaces on the north side of the Tavern building that are mostly located in the public right-of-way and for
any truck deliveries to the property. The design layout will also allow for patrons of the adjacent property
to have access onto Mayflower Road or out to Hollywood Boulevard. The adjacent property will still have
an existing driveway opening at the southeast corner of the property which gives a second access as well to
Mayflower Road.
At the present time the petition property is located wholly within the unincorporated area of St.
Joseph County and has a mix of County zoning classifications of Single-family Residential and
Commercial. The Petitioners have been working with the staff's of the Area Plan Commission,the Project
Advisory Team(PAT),the Department of Community Investment and the Building Department.Based on
those meetings, the Petitioners decided to bring the project site into the City of South Bend. In order to
accomplish that,task, several procedures are required. The first was to submit to the County Council a
Petition to Vacate Huron Street from Mayflower Road on the east to Hollywood Boulevard on the west.
This would allow for the present bisection of the site with a public right-of-way to be eliminated and allows
for the site to be laid out efficiently for internal circulation as shown on the site plan: The project site would
also be required to be annexed be to brought into the City limits. As part of annexation the project is also
being requested to be rezoned to the CB Community Business District which will allow for the proposed
Grocery Store use and the existing Restaurant facility. The last part of the process is to request several
Variances that will allow for flexibility on the development of the property as shown but still meet the
intent of the City's zoning codes. The Petitioners worked with all the parties mentioned above to create a
development that is functional and will be an asset for the surrounding neighborhoods.
With regards to the required Variances needed for the project, the Petitioners are requesting the
following:
A).From the required Minimum Residential Bufferyard of twenty(20)feet to twelve(12)feet for parking
on the southeast and south property lines as shown;
B).From the requirement that Outdoor seating shall not be located between a building line and a residential
bufferyard to allow for outdoor seating between the south building line and the south residential
bufferyard;
C).From the maximum height of thirty-six(36)inches in height for a fence located in a minimum front
yard to six(6)feet in height for a fence along Hollywood Boulevard;
D). From the required screening of trash containers to none;
E).From the requirement that trash containers not be located between the front facade of the primary
building and the front lot line to allowing trash containers between the west facade of the primary
building and the front(west)lot line;
F).From the required"bail out"lane for drive through facilities to none;
G).From the required landscaping of required perimeter yards and residential bufferyards to landscaping as
shown on the site plan;
H).From the required Foundation Landscaping to landscaping as shown on the site plan;
I). From the required Off-Street Parking Area Screening to none on the east,west,or south parking areas;
J). From the required no off-street loading between the front lot line and the front facade to allowing
loading spaces between front(west)lot line and the west building facade;
The Petitioners request for the Variances,are based on the following statements:
A). From the required Minimum Residential Bufferyard of twenty(20)feet to twelve(12)feet for parking
on the southeast and south property lines as shown. The proposed plan will have parking for employees at
the southeast corner of the site. The Petitioners plan to plant dense evergreen trees along those portions of
the property line to buffer the parking from the adjacent properties. The Petitioners also plan to install
fencing along those property lines to limit access to the site. Approval of this variance should not have an
adverse impact on surrounding properties.
B).From the requirement that Outdoor seating shall not be located between a building line and a residential
bufferyard to allow for outdoor seating between the south building line and the south residential
bufferyard: The site as designed would have an outdoor seating area at the southeast corner of the building
where the Deli will be located. This would place the outdoor seating between the south building line and
the south property line.The seating will be approximately 190 feet from the south property line and will be
screened from the properties to the south by evergreen trees and shrubs as well as existing vegetation.The
Petitioners do not believe approval of this variance should not have a negative impact on adjacent
properties.
C). From the maximum height of thirty-six (36) inches in height for a fence located in a minimum front
yard to six (6) feet in height for a fence along Hollywood Boulevard. The Petitioners plan to add
ornamental fencing along the perimeter of the site along Hollywood Boulevard which will limit access to
the proposed driveway opening. The Petitioners will also be using evergreen screening and existing
vegetation to visually buffer the proposed building from the existing homes on the west side of Hollywood
Boulevard.Approval of this variance should not have an adverse impact on surrounding properties.
D). From the required screening of trash containers to none. The Petitioners are planning to have trash
compactor units to reduce the volume of trash removed from the site These units are incorporated into the
design of the building layout.These units and any smaller trash containers would be placed against the west
wall of the building. The Petitioners plan to screen the entire view of the building from the west by
evergreen trees and fencing which will create a dense visual buffer from Hollywood.Boulevard.Approval
of this variance should not have a negative impact on adjacent properties.
E). From the requirement that trash containers not be located between the front facade of the primary
building and the front lot line to allowing trash containers between the west facade of the primary
building and the front(west)lot line. With the layout of the building oriented towards Mayflower Road and
the main parking area of the facility located on the east side of the site, the placement of the loading area
and trash containers/compactors will be on the west side of the building. This site has frontage on three
roads. This makes placement of the trash containers difficult not to be located between the front facade of
the building(west wall) and the street. As stated, the Petitioners plan to have a dense buffer of evergreen
trees and fencing along this portion of the property which will screen the trash containers from the
Hollywood Boulevard. Approval of this variance should not have an adverse impact on surrounding
properties.
F).From the required"bail out"lane for drive through facilities to none.The drive-up window proposed on
the south side of the building is strictly for coffee pick up for patrons. As this is a single menu item, the
need for a bail-out lane is not required.The Petitioners do not believe approval of this variance should have
a negative impact on any surrounding property.
G). From the required landscaping of required perimeter yards and residential bufferyards to landscaping
as shown on the site plan. The Petitioners worked with the Area Plan Commission staff to determine the
amount of flexibility that could be done in the placement of perimeter landscaping on the project site to still
meet the intent of the zoning ordinance. The site will have landscaping as shown which will have trees and
shrubs in several locations that will help soften the project edge where it abuts streets and residential
properties.Approval of this variance should not have an adverse impact on surrounding properties.
H). From the required Foundation Landscaping to landscaping as shown on the site plan. The Grocery
Store facility will have a few places where some landscaping can be placed, but for the most part this use
does not work well with typical foundation landscaping that is used more with office development and
other limited commercial uses. The Petitioners do not believe approval of this variance should have a
negative impact on any surrounding property.
I). From the required Off-Street Parking Area Screening to none on the east, west, or south parking areas.
The Petitioners have worked with the staff to place landscaping where needed to visually break up the view
for parking areas on the site. In some places the parking is set back far enough,where any impact from the
street is minimal and with the placement of street trees at selected locations, increases the streetscape
appearance of the site. Approval of this variance should not have an adverse impact on surrounding
properties.
a. From the required no off-street loading between the front lot line and the front facade to allowing
loading spaces between front (west) lot line and the west building facade. This request is similar to the
request for the trash containers/compactor.The Petitioners have placed the loading areas as required for the
layout of the building. This places the loading areas along Hollywood Boulevard street frontage. As
described above,the Petitioners are adding a dense screen of evergreens and fencing along the Hollywood
street frontage which will visually buffer the loading areas from the street. The Petitioners do not believe
approval of this variance should have a negative impact on any surrounding property.
9)A statement on how each of the following standards for the granting of Variances is met:
The Petitioners would state that approval of the requested variances will allow for the site to be developed
in a way that works with the surrounding residential and commercial uses, and for the efficient function of
vehicles into and out of the site The streetscape areas will be enhanced with ornamental fencing and a
variety of landscape plantings. There will also be dense buffering along certain portions of the site to
mitigate any perceived impact of the proposed use to surrounding properties.
The Petitioners would state that the approval of the above requested Variances will not be injurious to
the public health, safety, morals and general welfare of the community. The Petitioners would also state
that the use and value of the area adjacent to the property included in the Variances will not be affected in a
substantially adverse manner. The proposed improvements should help to stabilize values for neighborhood
properties adjacent to the site.
The Petitioners would state that the strict application of the terms of this Ordinance would result in
practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any
proposed improvements very restricted and create a situation where owners could see a negative impact to
their property.
10) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also
be submitted.
The Petitioners have supplied a site plan to help show the proposed improvements and reflect the
requested Variances.
11)Application for subdivisions should be obtained from the office of the Area Plan Commission.
The Petitioners do plan to Replat the shown property into a single larger lot.
12)This Petition is signed by at least(CHECK ONE):
_x_a.One-hundred percent(100%)of the owners of the land in the territory sought to be annexed;OR
b.Fifty-one percent(51%)of the owners of the land in the territory sought to be annexed;OR
_c.The owners of seventy-five percent(75%)of the total assessed value of the land to be annexed.
13) Attached,and made a part of this PETITION,is:
(a)17 copies of the site plan;
(b)A list of names and addresses of all property owners,and the tax key numbers for all properties
within 300 feet of the petition property;
(c)Addressed,stamped envelopes for all property owners within 300 feet of the petition property.
14) CONTACT PERSON:
Name: Danch, Harner&Associates,Inc.
Address: 1643 Commerce Drive
South Bend,Indiana 46628
Phone Number with Area Code: 574-234-4003 E-mail Address: mdanch @danchharner.cam
Signature(s)of All Property owner(s),or
signature of Attorney for all property owner(s):
2a- W.
Name: Edward Hardig, Manager for . my Development LLC
131 South Taylor Street
South Bawl Indiana 46601
(574)807-0170
E-Mail Address:N/A
6- u Pb‘ Oc,( I
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1637 AND 1641 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO.
1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To rezone properties adjacent to an existing office in order to allow for the expansion of
the office.
• 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:
LOT 4 AND LOT 5 OF MORRIS PARK ADDITION
be and the same is hereby established as OB Office Buffer District.
SECTION II. This ordinance shall be in full force and effect from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
Signing of c;i is c:,, `t an
Attest: op ay for p lia hexing and
Council Wino CO US
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock . m.
Mayor, City of South Bend, Indiana
Filed In C c!ies Office
1A READING [0'O•--1 .Y OCT .T ZOt5
PUBLIC HEARING _ _
3 rd READING JOHN tiocrirgi.
NOT APPROVED CIIYCLERK,SOUTH BEND,IN
REFERRED
PASSED
PETITION FOR A COMBINED PUBLIC HEARING
City of South 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: 1637 and 1641 Portage Avenue
2) The property Tax Key Number(s)is/are: 18-2180-6748 and 18-2180-6744
3) Name and address of property owner(s)of the petition site:
Dr. Trang Mai DDS
53717 Meadow Lake Court
Elkhart,IN 46514
(574) 514-2384
tmaidds @yahoo.com
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
N/A
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: SF2 Single Family Two Family District Additional zoning district, if applicable
To: OB Office Buffer District
6) This rezoning is requested to allow the following use(s): Dental office and parking
7) If applicable,a detailed description and the purpose of the variance(s)being requested:
#1 From the required 15'minimum front yard setback to S'for an interior access drive and parking
#2 From the required 15'side residential bufferyard to 5'
#3 From the required foundation landscaping to existing landscaping
#4 From the required Type B perimeter landscaping along the alley none
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety,morals and general welfare of the
community: Allowing this variance will allow for the business to expand and keep from parking cars
on the city streets.
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and: Removing the vacant house to add the parking lot for Dr.Mai will
increase the property values of the adjacent properties.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: Due to the size and odd shape of the lot, strict application would result in practical
difficulties.
9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be
submitted.
10) 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:
Leslie Green
58867 CR 105
Elkhart, IN 46517
(574) 320-4284
Signature(s)of all property owner(s), or signature of Attorney for all property owner(s):
Filed ire ;Trx,r Office
---iCOT 7 21315
Jotia',
CITY CLER ,1OU" M t1END,IN
PRELIMINARY SITE PLAN REQUIREMENTS
A. Tabulated(listed)Data(Note:data are for illustrative purposes only)
1. LAND COVERAGE AREA %OF TOTAL AREA
Total: 1.75 acres 76,230 sf 100%
a. buildings(ground floor only) 20,000 sf 26%
b. parking& loading,and drives 33,361 sf 44%
c. open space(yards, landscaping,etc) 22,869 sf 30%
2. Proposed land uses&floor area(e.g. bank,retail shopping center,office,pizza parlor,apartments)
USE FLOOR AREA %OF TOTAL FLOOR AREA BUILDING HEIGHT
a. Office 5,000 sf 25% 1 story; 35'
b. Retail 5,000 sf 25% 1.5 story;40'
c. Restaurant 10.000 sf 50% 1 story; 32'
Sub-Total 20,000 sf 100%
d.Residential HEIGHT #OF UNITS BEDROOMS/UNIT TOTAL BEDROOMS
building 1 3-story/40' 10 2 20
building 2 5 2 10
building 3 5 1 5
building 4 2-story/30' 8 3 24
Sub-Total 28 8 59
e. Estimated population; Project Density
3. Parking ratios per use as required by ordinance,and number of spaces to be provided.
B. Current and Proposed: Sanitary Sewer or Septic; Storm Sewer; Public or Private Water Facilities.
C. Name,address and phone number of engineer,surveyor, owner/developer,and landscape architect.
D. Mapped Information(drawn to scale)
1. North arrow,written and graphic scale, date.
2. Boundaries of property with dimensions.
3. Location of buildings,uses and easements.
4. Location and composition of open spaces, landscape planting areas and buffer strips.
5. Location of parking and loading areas,entry and exit drives.
6. Abutting public and private streets.
7. Building and parking setbacks.
8. Location, height,size and type of sign(s).
9. Topography and other natural features.
10. Sanitary, storm sewer,and public water connections;or, private well and septic system locations.
NOTE:additional information may be required during the review process so that the Commission can make an informed
decision.
Filed in L, -ors: Ofice
rt;CT 7 2015
icy;.> - p
CITY CLERK,SOUTH BEND,IN
I
/ParcelldCounty PropAddress PropCity 'ropStat PropZIP OwnerName OwnerAddress OwnerCity NnerSta OwnerZIP
✓018-2181-6755 1510 KINYON ST South Bend IN 46628 NOYER BRIAN K 1510 Ki n South Bend IN 46628
BURNHAM LORETTA M
REVOCABLE TRUST AND AS
018-2181-6756 1506 KINYON ST South Bend IN 46628 TRUSTEE 14397 F rail Ct Mishawaka IN 46545
ABELL ELAINE F LIVING
018-2181-6757 1502 KINYON ST South Bend IN 46628 TRUST 1502 Ki St South Bend IN 46628
018-2181-6777 1615 ANDERSON AVE South Bend IN 46628 111 ` I MARGIE uyt J am" on Av - South Bend IN 46628
018-2110-4060 1640 PORTAGE AVE South Bend IN 46616 RL PORTAGE LLC 16001 So 8th Ave Orland Park IL 60467
018-2180-6738 1715 ANDERSON AVE South Bend IN 46615 ALDRIDGE RAY LEE 1715 c6-‘son South Bend IN 46615
018-2180-6739 1708 ANDERSON AVE South Bend IN 46624 MILLER RAYMOND G 212 US yighway 20 Middlebury IN 46540
5 STAR INVESTMENT GROUP
018-2180-6740 1647 PORTAGE AVE South Bend IN 46628 III LLC PO 06 Middlebury IN 46540
BUTLER JOHN D&CANDACE
018-2128-4776 1705 PORTAGE AVE South Bend IN 46616 G 1705 P age Av South Bend IN 46616
HAGENBUCH CLARENCE D
018-2140-5215 1413 KESSLER BLVD South Bend IN 46616 AND LAVERNE M 1413 K er PI South Bend IN 46616
HAMMES LUCILLE A
HOCKSTETTER
018-2180-6732 1721 ANDERSON AVE South Bend IN 46637 SEE TRANSFER NOTE 311 Lad m Terrace Vero Beach FL 32963
KURDELAK JOHN A&CLAIRE
018-2180-6733 1416 KELLER ST South Bend IN 46628 KURDELAK 1416,,,Keiter St South Bend IN 46628
COLLIER ROBERT W AND
018-2180-6734 1653 PORTAGE AVE South Bend IN 46616 SUSAN A 1653rtage South Bend IN 46616
PAUWELS LAWRENCE S&
018-2180-6735 1717 ANDERSON AVE South Bend IN 46628 VICKI L 222 Bas ne Mishawaka IN 46545
018-2181-6772 1615 ANDERSON AVE South Bend IN 4662: e - AR,D4.4ARGIE, _ 161.55 And on Av 4 South Bend IN 46628
018-2181-6767 1617 ANDERSON AVE South Bend IN 46616 MATERNOWSKI MERCEDES M 1617 Ave South Bend IN 46628
018-2164-6007 1616 PORTAGE AVE South Bend IN 46601 CITY OF SOUTH BEND 1200 Coun City Bldg South Bend IN 46601
rçpy 7
NAVARRETE POLICARPIO&
018-2110-405901 1648 PORTAGE AVE South Bend IN 46616 RAMONA 1648 Po a Ave. South Bend IN 46616
018-2110-406001 1251 KINYON ST South Bend IN 46624 DNK2 PROPERTIES LLC 1473 Edgew od Lane Winnetka IL 60093
018-2128-4780 1701 PORTAGE AVE South Bend IN 46616 ALL NATURAL USA LLC 3 Sh . oza St Raanana, Israe 43588
018-2140-5232 1408 KESSLER BLVD South Bend IN 46616 FRANDSEN MARY E 1408 I/ S"SLER South Bend IN 46616
018-2164-5998 1628 PORTAGE AVE South Bend IN 46616 DRAKE PAUL&ELIZABETH 18456 ST South Bend IN 46628
MICHAELS BRUCE VICTOR
018-2164-599801 1628 PORTAGE AVE SOUTH BEND IN 46616 SEE TRANSFER NOTE 2644 Ar ian Ct. 2A South Bend IN 46628
INTERNATIONAL REAL
PROPERTY LLC
018-2164-6001 1310 KINYON ST South Bend IN 46616 SEE TRANSFER NOTE 2913 Mi awaka Ave South Bend IN 46615
018-2180-6737 1649 PORTAGE AVE South Bend IN 46616 BOUGHTON JOHN T&JILL A 1649�age South Bend IN 46616
COLEMAN MICHAEL P&
018-2180-6742 1709 ANDERSON AVE South Bend IN 46628 CATHERINE E 1709 A erson South Bend IN 46628
BRUBAKER DONALD JOHN&
018-2180-6743 1706 ANDERSON AVE South Bend IN 46628 ALESIA IRENE 1706 derson South Bend IN 46628
018-2180-6744 1641 PORTAGE AVE South Bend IN 46616 MC GLOBAL LLC 53717 Meadow Lake Sty Elkhart IN 46514
BROWN CHRISTOPHER A AND
018-2110-4059 1644 PORTAGE AVE South Bend IN 46616 KATHY L 164,rtage South Bend IN 46616
018-2140-5231 1414 KESSLER BLVD South Bend IN 46616 JAROSZEWSKI KATHLEEN A 1414 sler PI. South Bend IN 46616
018-2128-4779 1503 KELLER ST South Bend IN 46628 BOSLER ANDREW 1503 eller St South Bend IN 46628
STACY ORVILLE L&GEORGIA
018-2140-5230 1654 PORTAGE AVE South Bend IN 46616 R 1654 Po2Ave South Bend IN 46616
THOMAS ROBERT E JR AND
018-2140-5233 1402 KESSLER BLVD South Bend IN 46616 KATHLEEN A 1402 KepatisiPlace South Bend IN 46616
018-2128-4775 1710 STOCKER PL South Bend IN 46628 MCCLANAHAN TERESA M 1710 Stoc r PI South Bend IN 46628
018-2180-6746 1701 ANDERSON AVE South Bend IN 4662 S LINDSEY LEIGH 1701 An rson , South Bend IN 46628
--S `,
018-2180-6748 1637 PORTAGE AVE South Bend IN 4 1� °" 1 Tl_ S RY P { c %Trang K Mai DDS South Bend IN 46616
FAMILY VIDEO MOVIE CLUB
018-2181-6779 1615 PORTAGE AVE South Bend IN 46616 INC 1022 m St Springfield IL 62703
018-2164-6000 1620 PORTAGE AVE South Bend IN 46616 BANK OF AMERICA NA 4500 Am Carter Blvd Fort Worth TX 76155
018-2180-6747 1702 ANDERSON AVE South Bend IN 46628 BURKS INGO 1702 An on Ave South Bend IN 46628
018-2180-6750 1701 ANDERSON AVE South Bend IN •:• . ,SMITH LINDSEY LEIGH i' 1701 Anderson South Bend IN 46628
018-2180-6752 1637 PORTAGE AVE South Bend IN 4616 15 JtIY"ISTRY PC %Trang K Mai DDS South Bend IN 46616
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Prepared t3,■
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' 1 018-2181-6781 018-2181-6782. 1..03 ,.--'.. 4,--.:.. Q u e e n,S t .4�y South Bend,Indiana 4880
e - _ _ _ - -... $ Phone:(574)235.948
September 11,2015
To Whom It Concerns;
I give Leslie Green permission to represent me, DR. Trang Mai DDS at the
public hearing for the variance on October 7, 2015.
--?"Le‘ii7Flek-L.
Dr.Trang Mai DDS
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BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA,APPROVING A RESOLUTION OF THE SOUTH BEND
ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN
ECONOMIC DEVELOPMENT TARGET AREA
(Former Chase Tower and Adjacent Parking Lot)
STATEMENT OF PURPOSE AND INTENT
Pursuant to its authority granted by Indiana Code Section 36-7-12 et seq., the
South Bend Economic Development Commission (the "Commission"), in furtherance of
economic development within the City of South Bend, Indiana (the "City"), has
investigated, studied and surveyed the need for additional job opportunities within the
City and has made recommendations concerning economic development possibilities
within the City. Based on its investigatory action, studies and surveys, the Commission
has determined that it is necessary to designate a specific geographic area within the City
as an Economic Development Target Area ("EDTA") because such area has become
undesirable or impossible for normal development and occupancy due to lack of
development, cessation of growth, deterioration of improvements or character of
occupancy, age, obsolescence, substandard buildings or other factors that have impaired
values or prevented a normal development of property or use of property.
The property known as the former Chase Tower and adjacent parking lot, located
generally at 211 Washington Street, South Bend, Indiana (the "Property") has become
undesirable or impossible for normal development and occupancy because of a lack of
development, cessation of growth, deterioration of improvements or character of
occupancy, age, obsolescence, substandard buildings, or other factors that have impaired
values or prevented a normal development or use of property. More specifically, the
Property, including its facade, plumbing, HVAC system, parking structure concrete, and
elevators, has deteriorated and become obsolete to an extent that it cannot support normal
development and occupancy. Further, the Property is vacant, and its assessed value
reflects that it is obsolete.
Based upon all of the above facts, the Commission at a regular meeting held on
October 5, 2015, approved Resolution No. 2015-03, a true copy of which is attached
hereto and incorporated herein as Exhibit A. The Resolution designates the Property and
its adjacent parking lot, collectively comprised of current parcel numbers 018-1008-0321
and 018-1012-047701 (which parcel numbers are subject to change as a result of an
anticipated subdivision of the Property), as an Economic Development Target Area,
1
which Resolution the South Bend Common Council, as fiscal body for the City, now
approves by enacting this ordinance pursuant to Ind. Code Section 6-1.1-12.1-7(a).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The South Bend Economic Development Commission's Resolution
No. 2015-03 adopted on October 5, 2015, attached hereto and incorporated herein as
Exhibit A is hereby and in all ways approved.
SECTION II. The Property located at 211 Washington Street in the City of
South Bend, Indiana, including its adjacent parking lot, collectively comprised of current
parcel numbers 018-1008-0321 and 018-1012-047701 (which parcel numbers are subject
to change as a result of an anticipated subdivision of the Property), is hereby designated,
determined, and declared to be an Economic Development Target Area pursuant to Ind.
Code Section 6-1.1-12.1-7, with all rights and benefits conferred and authorized by law.
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.
."� op pt^;; and
Member o the Common Council
CillUlid aICPtoI al Et ISM.
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana,on the day of
, 2015, at o'clock . m.
City Clerk
Approved and signed by me on the day of ,2015, at
o'clock . m.
Mayor, City South Bend, Indiana &€
fFIC@
1500.000001942532190.002
1st READ!NG 10—lz—1 JJ _ OCT t015
PUBLIC HEARING S'
rd READING v'L�e-9ti s;o; � fy ;
NOT APPROVED 2 CITE'CLERK,SOUTH REND,IN
REFERRED
PA2;,,ED
EXHIBIT A
Economic Development Commission Resolution No.2015-03
[See attached.]
RESOLUTION NO.2015-03
A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION RECOMMENDING THE ESTABLISHMENT OF
AN ECONOMIC DEVELOPMENT TARGET AREA
(Former Chase Tower and Adjacent Parking Lot)
WHEREAS,the South Bend Economic Development Commission(the"Commission")
exists and operates pursuant to the provisions of Indiana Code § 36-7-12, et seq.; and
WHEREAS, under the authority granted by Indiana Code § 36-7-12, et seq., and in
furtherance of economic development in the City of South Bend(the"City"),the Commission has,
through City staff members, investigated, studied, and surveyed the need for additional job
opportunities within the City and has formed recommendations concerning the economic
development possibilities within the City; and
WHEREAS,based upon such assessments and reports by the City staff,the Commission
has determined that it is necessary to designate a specific geographic area within the City as an
Economic Development Target Area ("EDTA") because such area has become undesirable or
impossible for normal development and occupancy because of a lack of development,cessation of
growth, deterioration of improvements or character of occupancy, age, obsolescence,substandard
buildings, or other factors that have impaired values or prevent a normal development of property
or use of property; and
WHEREAS, the property located at 211 Washington Street, South Bend, Indiana,
commonly known as the former Chase Tower (the "Property"), including its façade, plumbing,
HVAC system,parking structure concrete, and elevators,has deteriorated and become obsolete to
an extent that it cannot support normal development and occupancy; and
WHEREAS,the Property is vacant; and
WHEREAS,the assessed value of the Property reflects that it is obsolete; and
WHEREAS,the Commission now desires to recommend that the South Bend Common
Council designate the Property as an EDTA.
NOW,THEREFORE,BE IT RESOLVED by the South Bend Economic Development
Commission that:
1. The Commission favorably recommends the establishment of the Property and its
adjacent parking lot, collectively comprised of current parcel numbers 018-1008-0321 and 018-
1012-047701 (which parcel numbers are subject to change as a result of an anticipated subdivision
of the Property), as an Economic Development Target Area in accordance with Indiana Code § 6-
1.1-12.1-7.
1
ADOPTED at a meeting of the South Bend Economic Development Commission held at
2:00 p.m. on October 5, 2015, at the County-City Building, 227 West Jefferson Boulevard, South
Bend,Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF ECONOMIC
DEVELOPMENT
4afl r" /
Signa j. .
Greg Jurgonski, President
Printed Name and Title
South Bend Economic Development Commission
ATTEST:
, Secretary.
S' tore
,3cc1 C 1 F,cec `I wt. eodow. l NucscMciff
Printed Name and Title
South Bend Economic Development
Commission
1500.0000019 57359719.002
•
Filed it °•°s Office
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JOHNu..;r,:::`a
CITY CLERK,SOUTH REND,IN
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227 W.JEFFERSON BOULEVARD I t::•'\\ �2e PHONE:574/235-9371
SUITE 1400 S. u � � ,,, o� FAX:574/235-9021
SOUTH BEND,IN 46601-1830 ` W N�"I'"''."'�
:`865�.,,•�`0
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD,EXECUTIVE DIRECTOR
October 7, 2015
Mr. Tim Scott, President
South Bend Common Council
41h Floor County-City Building
South Bend, IN 46601
RE: Establishing an Economic Development Target Area
The Tower at Washington Square at 211 West Washington St.
Dear President Scott:
Attached for the Common Council's consideration is a proposed ordinance which approves
and adopts a recommendation made by the South Bend Economic Development Commission
establishing an Economic Development Target Area for the parcels known as The Tower at
Washington Square (Parcel IDs —018-1008-0321 and 018-1012-047701 which parcel numbers are
subject to change as a result of an anticipated subdivision of the property).
The property known as the former Chase Tower and adjacent parking lot, located generally
at 211 Washington Street, South Bend, Indiana (the "Property") has become undesirable or
impossible for normal development and occupancy because of a lack of development, cessation of
growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard
buildings, or other factors that have impaired values or prevented a normal development or use of
property. More specifically, the Property, including its facade, plumbing, HVAC system, parking
structure concrete, and elevators, has deteriorated and become obsolete to an extent that it cannot
support normal development and occupancy. Based upon all of the above facts, the Commission at
a regular meeting held on October 5, 2015, approved Resolution No. 2015-03.
The South Bend Economic Development Commission, in furtherance of economic
development within the City of South Bend, has investigated, studied and surveyed the need for
additional job opportunities within the City and has made recommendations concerning economic
development possibilities within the City. Based on its investigatory action, studies and surveys,
the Commission has determined that it is necessary to designate the 211 West Washington St as an
Economic Development Target Area which will make The Tower at Washington Square a more
attractive investment and facilitate the development and occupancy of the building.
Thank you for your consideration. Brock Zeeb or Chris Fielding will-attend-theremmittee
and Council meeting to address any questions. Filed
'Office
Cordially,
/77/ OCT MI5
Brock Zeeb CITY CLERK,SOU H SEND,IN
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAM PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB /{
6j, p3 . 67 -0s
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,
AMENDING VARIOUS SECTIONS OF CHAPTER 6,ARTICLES 1,2, 4,6,7 and 11 OF
THE SOUTH BEND MUNICIPAL CODEADDRESSING MINIMUM PERMIT FEES
AND SERVICE CHARGES OF THE BUILDING DEPARTMENT
STATEMENT OF PURPOSE AND INTENT
On December 31, 1991, the City of South Bend, Indiana, and the County of St.Joseph
entered into an agreement to merge their building departments; and further created the
"Consolidated Building Board." In 1993, by Ordinance No. 8412-93, Subsection 1, the South Bend
Common Council created the Building Department as an Enterprise Fund.
The South Bend Municipal Code at Chapter 6,Article 1,Section 6-4(0 requires periodic review
of the permit fees charged by the Building Department and also prescribes that the Building
Commissioner report to the Common Council to assure that the fees collected are adequate to
operate the Department.
A recent review has disclosed that the Building Department suffered a loss in 2014 of
approximately $31,450.00, for all permits issued with a minimum fee. Therefore,it is determined
that a minimum fee adjustment is warranted to avoid future losses in this permit category. The
adjustments set forth in this ordinance are identical to those proposed to be adopted by the St.
Joseph County Council for application outside the City of South Bend. The increase for each
affected minimum fee is not more than Ten dollars ($10.00).
To further enable the Building Department to operate on fee revenue,it is necessary to raise
the various contractor registration fees from one hundred dollars ($100.00) to one hundred twenty-
five dollars ($125.00).
Adjustment of the fees as provided in this ordinance is in the best fiscal interest of the City
of South Bend.
NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. Chapter 6,Article 1, Section 6-4(b) of the South Bend Municipal Code shall be
amended to read as follows:
(b) Unless otherwise provided in the Building Code,the fees to be charged for the issuance of permits
by the Department shall be paid at the time the permit is issued.
(1) The fee for permits issued for residential and commercial new construction and building
additions shall be based upon the following:
•
a. Cost per Square Foot (CSF) times the Total Square Footage (TSF) times the Local
Variable Factor(LVF) of$0.00098.
b. Cost per Square Foot (CSF) shall be determined by the International Code Council
Building Valuation Table in effect in January of each year.
c. The cost per square foot(CSF)by occupancy classifications shall be amended as follows:
1. Groups F-1, F-2,H-1, H-2, H-3, H-4, and M shall have the same rate as A-3.
2. Groups I-4,R-2, and R-4 shall have the same rate as I-1.
3. Groups S-1, S-2, and U shall have the same rate as R-3.
d. Minimum Fee Thirty Forty dollars{$30.00 40.00).
(2) Permits issued for all alterations,repairs,remodeling of existing structures over five hundred
dollars ($500.00), fence installations, in-ground pool installations, communication towers,
and utilities shall be subject to the following fee schedule:
Estimated Construction Costs Permit Fees
$1.00 to 1,000.00 30.00
1,001.00 to 2,000.00 35.00
$1.00 to $12,001.00 to 3,000.00 40.00
3,001.00 to 4,000.00 .... 45.00
4,001.00 to 5,000.00 50.00
5,001.00 to 6,000.00 55.00
6,001.00 to 7,000.00 60.00
7,001.00 to 8,000.00 65.00
8,001.00 to 9,000.00 70.00
9,001.00 to 10,000.00 75.00
10,001.00 to 11,000.00 80.00
11,001.00 to 12,000.00 85.00
12,001.00 to 13,000.00 90.00
13,001.00 to 14,000.00 95.00
(3) Thirty Forty dollars ($30:00$40.00) for each reinspection made by department inspectors of
commercial and industrial projects.
(4) Sixty dollars ($60.00) for each additional final inspection necessitated by the failure to pass
the previous final inspection.
(5)—(6) Reserved.
(7) Sign Permits. Fees shall be charged for the issuance of permits for the installation or erection
of freestanding signs; billboards, including outdoor and off-premises signs; fascia signs;
marquee or canopy signs and for lettering on buildings as follows:
a. Under one (1) square foot or less of display area and embellishments: No fee
b. One (1) square foot to twenty-five (25) square feet of display area and embellishments:
Forty dollars ($40.00);
c. Twenty-six (26) square feet to fifty (50) square feet of display area and embellishments:
Sixty dollars ($60.00);
d. Fifty-one (51) square feet to one hundred (100) square feet of display area and
embellishments: Eighty-five dollars ($85.00);
e. In excess of one hundred (100) square feet of display area and embellishments: One
hundred twenty dollars ($120.00);
f. Temporary signs: Initial permit, Thirty five Forty dollars ($35.00) ($40.00); each
extension of a temporary permit, Forty-five dollars ($45.00).
(8) Wrecking and demolition permit fees shall be as follows:
a. Residential:
1. $0.02 per square foot,with a minimum fee of Thirty Forty dollars ($30.00$40.00).
b. Commercial:
1. $0.015 per square foot,with a minimum fee of Forty dollars ($40.00).
(9) Move any one- or two-story building over public streets or alleys: One hundred twenty-five
dollars ($125.00).
(10) Move any building greater than two (2) stories in height over public streets or alleys: One
hundred seventy-five dollars ($175.00).
(11) The fee for installation of a wood-burning stove shall be Thi±ty Forty dollars{$30.00$40.00)
per flue (including chimney and chimney connector).
Section II. Chapter 6,Article 1, Section 6-4.1 of the South Bend Municipal Code shall be
amended to read as follows:
Sec. 6-4.1. -Filing fees; improvement location permits and document
processing/preparation fees.
The fees levied by this section shall be paid prior to the issuance or acceptance by the Building
Commissioner of any petitions filed with the Board of Zoning Appeals. Improvement location
permits, or written documents on zoning and uses as regulated by Chapter 21 of the South Bend
Municipal Code. Document processing fees shall be paid prior to the issuance of documents,
including, but not limited to, verifying zoning, legal nonconforming uses, lots of records and rebuild
letters.
(1) Board of Zoning Appeals:
a. Appeals and Variances $85.00
b. Special Exceptions $300.00
c. Each variance filed simultaneously with another variance or special exception $45.00
(2) Improvement Location Permit:
a. First Term $30.00$40.00
b. Renewal $45.00
Section III. Chapter 6,Article 2, Section 6-6.5(c) of the South Bend Municipal Code shall
be amended to read as follows:
(c) All installations of wood-burning stoves shall be inspected by the Department two (2) times,one
(1) each for preliminary venting work and for final, completed installation. The permit holder
shall notify the Department at least twenty-four (24) hours in advance of the time the work is
ready for inspection. If the work does not pass inspection,a reinspection fee of thirty forty dollars
($30.(40$40.00) shall be charged for each future inspection of that stage of work.
Section IV. Chapter 6,Article 2, Section 6-6.6(c) of the South Bend Municipal Code shall
be amended to read as follows:
(c) All persons, firm or corporation erecting signs in the City for remuneration shall be
registered with the Department. Registration shall be on forms provided by the Department
and be accompanied by a five thousand dollar ($5,000.00) bond made payable to the City of
South Bend,indemnifying the City against all loss or damage to public ways,public places
and other public property during the course of the work under the sign permit and further
conditioning that the applicant will indemnify the City and pay any and all personal and
property damages caused by any negligent act or omission in the erection of such sign,proof
of liability insurance in the amounts of one hundred thousand dollars ($100,000.00) per
person, three hundred thousand dollars ($300,000.00) per occurrence, and fifty thousand
dollars ($50,000.00) per property damage to save and keep the City harmless from any
claims, damages,liabilities,losses,actions, suits or judgments which may be brought,
presented, sustained or obtained against the City or its officials because of negligence of the
sign hanger, contractor or his agents, or by reason of defects in the construction,or damages
resulting from the collapse or failure of any sign, and payment of a registration fee of one
hundred twenty five dollars($400:00)($125.00). Said registration shall be for a term of one (1)
year commencing on the effective date of the surety bond.
Section V. Chapter 6,Article 4, Section 6-10(c), (d)(2) and (e) of the South Bend
Municipal Code shall be amended to read as follows:
(c) Schedule of permit fees. Permits issued for plumbing work within the City shall be subject to the
following fee schedule,with a minimum permit fee being thirty forty dollars($3000 $40.00).
(1) Each plumbing fixture or trap or set of fixtures on one (1) trap,including water and drainage
piping therefor 6.00
(2) Each backflow protection 6.00
(3) Each building sewer:
a. Under 100' 12.00
b. 100' or over 25.00
(4) Each building water:
a. Under 100' 12.00
b. 100' or over 25.00
(5) Each water softener 7.00
(6) Each trailer park sewer 10.00
(7) Each drain within building for rainwater systems 6.00
(8) Each water heater and/or vent 7.00
(9) Each gas reconnection 30.00 40.00
(10) Each gas piping system, per outlet 3.00
(11) Each industrial waste pretreatment interception, including its trap and vent, excepting
kitchen-type grease interceptors functioning as fixture traps 8.00
(12) Installation,alteration or repair of water piping and/or water treating equipment 6.00
(13) Repair or alteration of drainage or vent piping 6.00
(14) Each drywell 12.00
(15) Each lawn sprinkler system on any one (1) meter, including backflow protection devices
thereof 6.00
(16) Fire protection sprinkler system:
a. Up to 30 heads 30.00 40.00
b. Plus each additional 10 heads thereafter 8.00
(17) Gas tanks and pumps 12.00
(18) Back-up generator-gas line:
a. 10 Kv or less 39:09 40.00
b. Over 10 Kv 50.00
(19) Each reinspection 30.00 40.00
(20) Each additional final inspection 60.00
(d) Registration and permits for plumbing services.
(2) Registration required:
a. All persons performing plumbing services within the City shall be a Plumbing
contractor and shall register with the Department;provided, however, that the
owner-occupant of a dwelling shall not be required to register when he or she is
installing altering or repairing the plumbing of that dwelling.
b. Registration shall be on forms provided by the Department and shall be
accompanied by payment of a registration fee,as follows:
Plumbing contractors $480.00 $125.00
Excavators (as defined in section 6-10(d)(1)b,) 489.09 100.00
Sewer cleaners .... 48490 125.00
c. Registrations shall be for a term of one (1) year beginning from the date of
issuance.
d. Lawn sprinkler contractors,water softener contractors, and fire protection
sprinkler contractors shall comply with Article 11,Building Contractor Licensing
Requirements.
(e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three
(3) times,once each for underground work,rough-in work,and final completion.A complete line
test shall also be supervised by the plumbing inspector. The plumbing permit holder shall notify
the plumbing inspector at least twenty-four (24) hours in advance of the time the work is ready
for inspection. If the work does not pass inspection, a reinspection fee of thirty forty dollars
($30.00$40.00) shall be charged for each future inspection of that stage of work.
Section VI. Chapter 6, Article 6, Section 6-23(i) of the South Bend Municipal Code pertaining to
electrical licenses shall be amended to read as follows:
i) License Fees:
(1) Class A:
New $4-00:90 $125.00
Renewal 490:90 125.00
(2) Class B:
New and renewal $4-00:90 125.00
Section VII. Chapter 6,Article 6,Section 6-24 of the South Bend Municipal Code shall be amended
to read as follows:
Sec. 6-24. - Permits
(c) Fees. Each application for a permit for installation or alteration of electrical wiring or equipment
shall be accompanied by fees in accordance with the schedule below;with a minimum permit fee
of thirty forty dollars($30:00 $40.00):
(1) Temporary service for construction:
All amperage $ 7.00
(2) Switchboards and panel boards each, new and replaced:
60-amp 7.00
100-amp 9.00
200-amp 12.00
400-amp 15.00
600-amp 20.00
Over 600-amp to 2,000-amp 25.00
Over 2,000-amp 50.00
(3) Circuits(new or replaced):
a. Each circuit 5.00
(4) Horsepower(machinery):
a. First hp 7.00
b. Each additional hp 0.25
(5) Backup generator:
a. 10 Kv or less 3990 40.00
b. Over 10 Kv 50.00
(6) Pool wiring and/or bonding 3880 40.00
(7) Repair, extension, and/or maintenance of wiring 39:90 40.00
(8) Reset, relocation,reconnect fees, each 3880 40.00
(9) Each reinspection fee 3980 40.00
(10) Each additional final inspection 60.00
If the exact number of circuits or horsepower is unknown at the time of the application for
a permit, a permit may be taken for the minimum amount known with new permits issued
as the extent of the work is known.
Section VIII. Chapter 6, Article 6, Section 6-25(a) of the South Bend Municipal Code shall be
amended to read as follows
Sec. 6-25. - Inspections.
(a) All electrical wiring and equipment installations and alterations requiring a permit shall be
inspected by the Electrical Inspector. The permit holder shall notify the Electrical Inspector at
least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work
does not pass inspection,a reinspection fee of thirty forty dollars($30:00$40.00) shall be charged
for each future inspection of that stage of work.
Section IX. Chapter 6,Article 7, Section 6-36.2(i) of the South Bend Municipal Code
regarding heating, air conditioning and ventilating licenses shall be amended to read as follows:
(i) License Fees:
New $1-00:00 $125.00
Renewal 3-0080 125.00
Section X. Chapter 6,Article 7, Section 6-36.3 (c) of the South Bend Municipal Code
regarding heating, air conditioning,ventilating, and refrigeration equipment or systems permits, shall
be amended to read as follows:
(c) Fees. Each application for a permit for installation of heating, ventilating, air conditioning, and
refrigeration equipment or systems shall be accompanied by fees in accordance with the schedule
below, with a minimum permit fee being thirty forty dollars {$30:09 $40.00). When the total
capacity of any system in any single installation is provided by more than one (1) unit,the sum of
the capacities of each unit and the total number of such units shall determine the fee.
(1) Space heaters, each 30,000 Btu input or more 3980 40.00
(2) Warm-air furnaces,unit heaters, cabinet heaters,and radiant tube heaters: ...40.00
a. Up to 300,000 Btu 30.00
b. 300,000 Btu input or more 10.00
(3) Oil and gas conversions: ...40.00
a. Up to 300,000 Btu input 30.00
b. 300,000 Btu input or more 10.00
(4) Electric furnaces (air handling): 40.00
a. Less than 100 kw input 30.00
b. 100 kw input or more 10.00
(5) Air Conditioning:
a. Central, electric:
1. Less than 310 tons 3040 40.00
2. 5 to 10 tons 10.00
3 2. Over 10 tons 60.00
b. Water chillers 85.00
c. EMI-air blower 3040 40.00
(6) Ventilating and exhaust systems:
a. Less than 500 CFM capacity 6.00
b. 500 to 1,500 CFM capacity 12.00
(Plus 1.00 for each 500 CFM or fraction thereof in excess of 1,500 CFM)
(7) Ventilating commercial hoods;including make up air:
a. 500 CFM to 1,500 CFM capacity 60.00
b. Over 1,500 CFM capacity 120.00
(8) Refrigeration and engine-driven,gas-fired or oil-fired cooling equipment:
a. 1 to 5 horsepower, each 17.00
b. 6 to 10 horsepower, each 3989 40.00
c. More than 10 horsepower,each 45.00
(9) Rooftop combination furnace and air conditioning units, 60,000 to 300,000 Btu's, each:
a. Up to 71/2 tons 45.00
b. 71/2 tons or more 70.00
(10) Heat pumps:
a. 1,000 to 60,000 Btu's input 3980 40.00
b. 60,000 to 300,000 Btu's:
1. Up to 71/2 tons, each 45.00
2. 7' tons or more, each 85.00
c. Earth, coupled water source 60.00
(11) Boilers, steam or hot water:
a. Up to 300,000 Btu's 3980 40.00
b. 300,000 Btu's or more 60.00
(12) Through-wall combination air conditioning/heating and VAV boxes w/coil:
a. First unit 3969 40.00
b. Each additional unit 12.00
c. Solar heat units 60.00
(13) Air handlers
a. 400 CFM to 2,500 CFM 3969 40.00
b. Over 2,500 CFM 70.00
(14) Backup generators—Gas line:
a. 10 Kv or less 3969 40.00
b. Over 10 Kv 50.00
(15) Duct and register:
a. First 15 openings,per system 3900 40.00
b. Each opening thereafter,per system 1.00
(16) Gas reconnection, each 3969 40.00
(17) Gas piping (distribution of piping to equipment) to be included on permit application
Each gas piping system,per outlet 3.00
(18) Woodburning stoves,per flue (including chimney and chimney connector) 3900 40.00
(19) Each reinspection fee 3960 40.00
(20) Each additional final inspection 60.00
Section XI. Chapter 6,Article 11, Section 6-48 of the South Bend Municipal Code shall be
amended to read as follows:
Sec. 6-48. - Fees.
(a) The annual fee for a Building Contractor's prelicensing registration shall be one hundred
twenty five dollars{$100.00) ($125.00), and placed in a special nonreverting fund to assist
in the implementation of this aArticle.
(b) Any Building Contractors performing electrical,plumbing,heating,air conditioning or
ventilating services shall be subject to the applicable fee requirements addressed in
Sections 6-10, 6-23 or 6-36.2 of this Code,instead of the one hundred twenty five dollar
{$400.00) ($125.00) fee addressed in Subsection (a) herein.
Section XII This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor, and any publication required by law.
WMP
Member of the Common Council
;ail nd d.FF � crtwS
Attest: worbray tv <f tn`a and
ce
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of
2 , at o'clock . m.
Mayor, City of South Bend, Indiana
Filed IF_ _ Ice
1 N READIRC V EI: .7 t U15
PUBLIC HEARING
3 rd READING 4011w aa 11M
NOT APPROVED CITY CLERK,SOUTH BEND,IN
REFERRED
PASSED
cM'SS°HERS ST.JOSEPH COUNTY/SOUTH BEND go�1TA8''
, , Tat,, BUILDING DEPARTMENT '
o y~ " N c - 125 S. LAFAYETTE BIVD, U \tea\ /% �-
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SUITE 100 CA��
SOUTH
c'P 574 )B 235I 554601 4114,5- a$
tie „..,. FAX 574-235-5541 • ��1865
JAMES D.MARKLE,R.A. CHARLES C.BULOT MARKS LYONS
Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator
October 6, 2015
The Honorable Tim Scott
City of South Bend Common Council
227 West Jefferson Blvd., Suite 400 S
South Bend, IN 46601
RE: AMENDING VARIOUS SECTIONS OF CHAPTER 6,ARTICLES 1, 2, 4, 6, 7 and 11 OF
THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINIMUM PERMIT FEES AND SERVICE
CHARGES OF THE BUILDING DEPARTMENT
Dear Mr. Scott:
On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to
merge their building departments and create the"Consolidated Building Board.” In 1993, by Ordinance
No. 8412-93, subsection I,the Board created the Building Department as an Enterprise Fund.
A recent review has disclosed that the Building Department suffered a loss in 2014 of approximately
$31,450.00, for all permits issued with a minimum fee. Therefore, it is determined that a minimum fee
adjustment is warranted to avoid future losses in this permit category. The adjustments set forth in this
ordinance are identical to those proposed to be adopted by the St.Joseph County Council for application
outside the City of South Bend. The increase for each affected minimum fee is not more than Ten dollars
($10.00).
To further enable the Building Department to operate on fee revenue, it is necessary to raise the
various contractor registration fees from one hundred dollars($100.00)to one hundred twenty-five dollars
($125.00).
I intend to present these changes at the next available scheduled meeting of the County Council. Feel free
to contact me if you have any questions.
Sincerely, wo
Charles C. Bulot, C.B.O.,C.F.M. 3 - _- 1• t
zalC14:1 ? Z015
Building Commissioner JO Erg oU‘>
CITY CL€Fti<.,SOUTH NEND,lPl
, `
6- Lu1/4)0 . E17-1 r
Bill No.
Ordinance No. -15
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTERS 6, 17 AND 18 OF THE SOUTH BEND
MUNICIPAL CODE TO INCLUDE NEW RULES,REGULATIONS,AND SERVICE
CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH
STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY.
STATEMENT OF PURPOSE AND INTENT
Chapters 17 and 18 of the South Bend Municipal Code (the Code) contain sections
involving oversight and supervisory duties of the City of South Bend Board of Public Works
through the City's Department of Public Works, and the charge of fees for these Public Works
services.
Chapter 6, Article 1. Section 4.1 of the Code, covers reasonable fees for petitions filed
with the Board of Zoning Appeals, which petitions involve the City Public Works Department's
review of drainage and downspout engineering designs to determine if they comply with City
regulations. No fee is presently charged for this Public Works Department service.
The purpose of this ordinance is to authorize the City's Public Works Department and
Engineering Division to charge certain reasonable fees to recover the costs of providing certain
services to persons requesting roadway excavations; construction or repair of sidewalks, curbs,
gutters, driveways, alleys and roadways; barricade permits; and for drainage and downspout
engineering design review.
At this time when property tax revenues do not and cannot keep pace with costs of
furnishing local governmental services, it is equitable that persons who require City oversight
and supervision for building, construction and similar rights of way projects, directly defray the
costs for the time and expenses of the City's furnishing its expertise and services. This ordinance
addresses, and is necessary and proper,to support the City's fiscal needs.
Now, Therefore, Be It Ordained by the Common Council of the City of South Bend,
Indiana as follows:
Section I. Chapter 6, Article 1, Section 6-4.1 of the South Bend Municipal Code shall be
amended by adding the following new subsection(6)which shall read in its entirety as follows: •
f_6_1 Engineering Design Review Fees:
a. Downspout/Drainage Disconnection Check: Field check to determine whether building
or site discharges stormwater through pipe conveyance into City sewer system.
(1) Confirmed Disconnect exempt
1
(2) Single-Use Residential $20
(3) Other $50
b. All other drainage review....$150.00
Section II. Chapter 6, Article 5, Section 6-11 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
Sec. 6-11 Permit requirements
(a) All temporary occupancy of public property as hereinafter provided for shall be
considered and treated as being at the will of the City, and will be permitted only by
special permit issued by the City Engineer as defined in Chapter 18, Article 7 of the
South Bend Municipal Code.
($5,000.000 conditioned to indemnify, save and keep harmless the City from any and all
the authority given in such permit.
(b) Such a permit will be for temporary occupancy of the street or streets immediately in
front of the contemplated building or structure for the building operations as herein
described and for administration purposes.
(c) (e)The occupancy of a street for the purposes permitted in the permit shall never extend
in front of any one (1)building to exceed one-third of the width of the roadway, unless a
greater width is permitted by the Board of Public Works, and in no event is any material
to be stored or placed closer than four (4) feet of any railway track. In all cases where
such obstruction of the street is made there shall be a clear space of not less than one (1)
foot between such obstruction and the curb line, which may be arched over at a height
sufficient to permit drainage of water in the gutter.
(d) (#) A suitably surfaced walk, four (4) feet wide, for the use of pedestrians shall be
maintained between the building line and the curb line, except as provided in section 6-
12.
(e) (g)Earth taken from the excavation and rubbish taken from the building shall not be
stored upon the sidewalk or roadway of the street.
Section III. Chapter 17, Article 4, Section 17-47(c) of the South Bend Municipal Code, is
hereby amended to read as follows:
Article 4. WATER RATES AND CHARGES
Sec. 17-47. —Nonrecurring Charges
2
(c) Other nonrecurring charges:
Disconnect for nonpayment 11.00
Reconnection 8.00
Bad checks 20.00
Frozen meter(1" and smaller) 40.00
Building authorization fee 50.00
Service initiation 20.00
Meter downsize (1" and smaller) 32.00
Inspection and testing fee for backflow prevention devices; 1.5" or smaller 50.00
Inspection and testing fee for backflow prevention devices; 2" and larger 75.00
Damaged or lost meter, at cost depending upon size and type of meter.
Return trip 15.00
Unauthorized use of water system 200.00
Section IV. Chapter 17, Article 12, Section 17-113(d) of the South Bend Municipal Code,
shall be amended to read as follows:
Sec. 17-113. Site development permit.
(d) Each ESCP submittal shall include the name, address and phone number of the owner or
developer of the site and any consulting firm retained by the applicant together with the
name of the applicant's principal contact at such firm. It shall also include a statement
by the owner or developer of the site that any land clearing, construction, or '
development involving the movement of earth by any party on the project site shall be
in accordance with the approved ESCP.Each ESCP shall be accompanied by a non-
refundable one hundred dollars ($100.00) filing-permit review fee per acre of disturbed
land up to $1,000 dollars made payable to the City of South Bend, Indiana. Partial acres
are always rounded up(e.g. 2.1 acres). The separate ECSP non-refundable filing fee is
$100.00).
Section V. Chapter 18, Article 2, Section 18-20(a) of the South Bend Municipal Code, is
hereby amended to read in its entirety as follows:
Sec. 18-20. Obstructing free passage of streets; exception; permit required.
(a) No person by any means or in any manner shall collect together vehicles or any substance
or materials so as to obstruct the free passage or use of any street. All temporary
occupancy of public property as hereinafter provided for shall be considered and treated
as being at the will of the City, and will be permitted only by special permit issued by the
City Engineer as defined in Chapter 18,Article 7 of the South Bend Municipal Code.
3
Section VI. Chapter 18, Article 2, Section 18-22 of the South Bend Municipal Code, is hereby
amended by adding the following new subsection(e)which shall read in its entirety as follows:
fel City-funded or City Utilities-funded public improvement construction projects shall not
be subject to City excavation fees; however, the contractor or City department doing any
such construction work must apply and receive approval for excavation permits as
described in Section-18-25.
Section VII. Chapter 18, Article 2, Section 18-24 of the South Bend Municipal Code, is
hereby amended to read in its entirety as follows:
Sec. 18-24.—Excavation permit; fee.
Any person desiring to make an opening or excavation contemplated by this article shall pay
to the City of South Bend,Indiana for the permit required by Section 18-22 the following:
(a) Excavation of 100 linear feet or less, and for each tunnel opening:
1. In Roadway Pavement: $200 (two-hundred dollars).
2. Outside of Roadway Pavement: $25 (twenty-five dollars).
(b) An additional charge of$25 (twenty-five dollars) required for each additional 100 linear
feet.
Section VIII. Chapter 18, Article 2, Section 18-27 of the South Bend Municipal Code, is
hereby amended to read in its entirety as follows:
Sec. 18-27.—Restoration of surface; specifications.
(a) Any person making any opening or excavation or causing the same to be made in any
street shall be required to replace all excavated material and pavement as herein set forth
in the City Standards and Specifications as adopted by the Board of Public Works.
entitled "Strcct Excavation Repair 1961." A copy of the relevant standards and
specifications shall be attached to each permit issued.
(b) This specification is set forth as follows:
"Street Excavation Repair 1961
South Bend, Indiana
"Whereas: The Board of Public Works and Safety deems it necessary to
pavement disturbed as a result of making an opening or excavation in any street,
these specifications are set forth and the compliance therewith shall be a
requirement of obtaining a permit for said opening or excavation under the
provisions of Article 2 of this chapter. It shall be the obligation of any person,
firm or corporation obtaining a permit for an opening or excavation in the public
right of way to backfill the excavation and replace the pavement as set forth in
these specifications."
4
Bac1011. All excavations under pavement shall be backfilled in accordance with
Section J entitled 'Backfilling" of the En.'--- 2.- : .: -e o•• • o
cut not less than one and one half(11/2) inches.
• .
pavements not presently surfaced with an asphaltic material shall be Class A,
with eight(8) inches of concrete,except in some residential streets where the
City Engineer may require the brick to be replaced.
finished flush with the surface of the existing concrete and the asphaltic surface
replaced.
(1) Hot asphaltic concrete, sheet asphalt, emulsified asphalt, chip seals, and oil mat
pavements. All asphaltic and oil type pavements shall be replaced with a hot
Base, Binder and Surface of the latest Indiana State Highway Standard
Specifications. The thickness of the pavement shall be equal to that which
existed,but not less than three(3) inches.Not less than eight(8)inches of coarse
aggregate Class A or B, Size No. 53 Section K3 of the State Highway
Specifications shall be placed under any asphaltic concrete patch unless a
six (6) inches around the concrete patch so that the two (2)joints are offset.
(5) Temporary patch. If it is not possible, due to w ather conditions, for the
asphaltic surface shall be applied and maintained as a temporary patch until
permanent repairs can be made. In no case shall a temporary patch be maintained
more than six (6)months before permanent repairs are made.
Section IX. The title to Article 3 of Chapter 18, and Section 18-35 of that Chapter and
Article of the South Bend Municipal Code are hereby amended to read in their entirety as
follows:
ARTICLE 3 — CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS_ M)
GUTTERS,DRIVEWAYS, ALLEYS,AND ROADWAYS
Sec. 18-35 Duty of abutting property owner; permit;issuance; fees.
5
(a) Any property owner (which includes tenant, occupant or contractor) upon his own
initiative and without notice may, or in case of written notice from the Board of Public
Works-and Safety or its designee as provided by law shall, construct, reconstruct, repair
and grade a sidewalk and/or curb and/or gutter at the edge of a sidewalk and/or driveway
and/or roadway and/or or alley abutting or bordering upon the property.
(b) Such owner shall first make application to the City Engineer or his designee for a permit
to be issued by such Board.
(c) Upon compliance with the provision of this Section and approval of the application by
the City Engineer or his designee the Board shall issue a permit.
(d) The permit fee for each . . •. •. •• I.!! type of construction shall be
as follows:
Filing Fee $25.00
Curb and Sidewalk $0.50 per LFT
Roadway or Alley $1.00 per LFT
Re-inspection Fee $25.00 each
(e)The permit fee for each curb cut shall be administered as specified in the following table:
Residential—New $55.00
Residential—Modification $40.00
Non-Residential—New $155.00
Non-Residential—Modification $120.00
Section X. Chapter 18, of the South Bend Municipal Code, shall be amended to add a new
Article 7 governing the use of City of South Bend right-of-ways by those.persons or
organizations seeking a permit to do so. The following new Article 7 which contains two new
Sections--18-60 and 18-61-- shall read in its entirety as follows:
Article 7.—RIGHT-OF-WAY OCCUPANCY AND BARRICADE PERMITS
Sec. 18-60.—Commercial, construction,recreational use of the right-of-way
(a) Application Required
(1) Not less than forty-eight(48) hours prior to the anticipated occupancy of a portion
of any City right-of-way, and not less than seven (7) days prior to the anticipated
full closure of City right-of-way, those parties desiring to temporarily obstruct a
city right-of-way shall make application to the City of South Bend through the
City Engineer's Office; however, said time limits may be waived for applications
determined to be emergencies by the City Engineer.
6
(2) Said application shall contain an adequate description of the use to be made of the
occupied portion of City right-of-way including the size, location, purpose and
type of structure to be located thereupon.
(3) The Applicant shall pay fees for use of any right-of-way as established in Sec.
18-61(d) below whenever temporary obstructions to the right-of-way exceed
typical obstruction allowances that are inherent with construction activities for
which permit fees were previously paid for excavation permits and/or access
permits. For purposes of this Section"typical obstruction allowances" shall mean
be five (5) days or less for the obstruction of a non-traffic lane or right-of-way;
two (2) hours or less where traffic lanes are obstructed and traffic is maintained
on a collector roadway; and one (1) hour or less where traffic lanes are obstructed
and traffic is maintained on an arterial roadway. No consideration of previously
paid permit fees will occur for road closures.
(4) City-funded or City Utilities-funded public improvement construction projects
shall not be subject to City barricade fees; however, the contractor or City
department doing any such construction work must apply and receive approval for
barricade permits as described in subpart "1" of this Section.
(b) Departmental Approvals Required
(1) Approval of any barricade or temporary occupancy permit under this Section is
contingent upon the applicant securing any other permit(s) applicable by City
ordinance, including but not limited to excavation permit, access permit over-
size/overweight permit,public assembly permit, parade permit, and/or block party
permits.
(2) Before any barricade or temporary occupancy permit shall be granted, the same
shall be reviewed by City Police and the Department of Public Works, and
approved by the City Engineer. Right-of-way use requested by the applicant is
subject to change as a result of this review.
(3) Once an applicant's right-of-way use is established and approved, it shall not be
subject to change or modification by the applicant except with additional
reviewing-agency approval. The City reserves the right to cause a change in
location or date for reasons of public safety.
Sec. 18-61. Conditions of any barricade permit
(a) Indemnity: No permit shall be granted unless the applicant shall have undertaken to
indemnify and save harmless the City of South Bend of and from any and all losses or
claims which may be asserted by anyone by reason of the granting of such permit and
the occupancy of the right-of-way by the applicant.
(b) Restoration: The applicant shall covenant to restore the right-of-way to a like or better
condition than existed prior to the permitted use upon conclusion of the approved
occupancy.
(c,) Barricades and Signs: All barricades and signs shall conform to the latest revision of
the Indiana Manual on Uniform Traffic Control Devices as well as any additional
7
requirements deemed appropriate by the Department of Public Works or Police
Department when necessitated by special or additional safety considerations.
Permittees shall bear the expense of obtaining, erecting, maintaining and removing
barricades and signs. Applicant shall also designate a representative by name and 24-
hour phone number for notification by City when maintenance of barricading is
required.
(d) Barricade Fee Schedule: Permit fees shall not be waived. The term "week" is defined
as a period from 1 to 7 days.
Type Street Complete Closure Traffic Lane Restrictions Non-Traffic Restrictions
Residential $75 .00/week $35 .00/week $35.00/week
Collector $50.00/day/lane $50.00/day/lane $35.00/week
Arterial $75.00/day/lane $75.00/day/lane $35.00/week
If a fee is paid to obstruct a portion of the roadway and if the right-of-way adjacent to the
road will be obstructed for the same duration of time as the roadway, an additional charge
will not be assessed for the area adjacent to the roadway.
fth Penalty for Violation: Any person who fails to obtain the necessary right-of-way
occupancy permit shall be shall be fined not less than one hundred dollars ($100.00)
per day nor more than one thousand ($1,000.00) per day, until such time as an
approved permit is obtained, in addition to being liable for the appropriate fee from
the date said occupancy began. Enforcement proceedings may be initiated upon
complaint by the Department of Public Works or by any affected individual.
Section XI. This Ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and any publi . ': ired . law.
Member`1IJ'N'a Council
Attest:
Slpgpor i and
Couad era an tat
John Voorde, City Clerk
Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the
day of ,2015, at o'clock_.m.
Janice Talboom, Deputy Clerk
8
Approved and signed by me on the day of , 2015, at
o 'clock . m.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
Filed in Clerk's Office
1st READING
PUBLIC HEAR NG
rd READING JOHN VOORD
NOT APPROVED 9 CITY MARX,SOUTH EbEND,IN
REFERRED
PASSED
sOUT888`
W\\\\ ,dfik(' .
1865 •„r`
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF PUBLIC WORKS
October 7, 2015
Mr.Tim Scott
Council President,South Bend Common Council
4th Floor, County-City Building
•
South Bend, IN 46601
Re: Ordinance Amending the South Bend Municipal Code to cover fees associated with various
permits and reviews.
Dear Council President Tim Scott,
Attached for filing with the South Bend Common Council is an Ordinance to amend the South
Bend Municipal Code in Chapters,6, 17, and 18 that contain sections covering fees for reviews and
permits associated with stormwater control and construction in the public right-of-way.
The purpose of this ordinance is to authorize the City's Public Works Department and
Engineering Division to charge certain reasonable fees to recover the costs of providing certain services
to persons requesting site developments; roadway excavations; construction or repair of sidewalks,
curbs, gutters,driveways,alleys and roadways;and barricade permits.
At this time when property tax revenues do not and cannot keep pace with costs of furnishing
local governmental services, it is equitable that persons who require City oversight and supervision for
building, construction and similar rights of way projects, directly defray the costs for the time and
expenses of the City's furnishing of its expertise and services. Many of the fees being addressed in the
Municipal Code have not been adjusted for over 50 years.
Either I, or Director of Public Works Eric Horvath,will present this Bill to the Common Council at
its appropriate committee meeting and at the public hearing during the Common Council's regular
meeting.
Thank you for your consideration of this matter.
Sincere) Filed i ' Office
€-
i
Patrick C. Kerr, PhD, PE 1
City Engineer cJOH,. , '_
CITY CLERK,SOUTH FANO,IN
Bill No.
Ordinance No. -15
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 21,ARTICLE 9 OF THE SOUTH BEND
MUNICIPAL CODE TO INCLUDE NEW SERVICE CHARGES IN CONNECTION
WITH THE DEVELOPMENT PLAN APPLICATION PROCESS
STATEMENT OF PURPOSE AND INTENT
Chapter 21 of the South Bend Municipal Code (the Code) contains the terms, conditions
and provisions of the City of South Bend's Zoning Ordinance, which involves oversight and
supervisory duties of the City of South Bend Board of Public Works through the City's
Department of Public Works. This ensures that the stated objectives of the City's Zoning
Ordinance are achieved, as expressed at Chapter 21, Article 1, Section 21-01.01(c)of the Code.
The purpose of this ordinance is to authorize the City's Public Works Department and
Engineering Division to charge reasonable fees to recover the costs of providing certain services
to those persons filing applications for development plan approval under Chapter 21, Article 9,
Section 21-09.05(d) of the Code.
At this time when property tax revenues do not and cannot keep pace with costs of
furnishing local governmental services, it is equitable that persons who require City review and
expertise related to development plans defray the City's costs for the time and expenses incurred
to furnish such expertise and services. This ordinance addresses, and is necessary and proper, to
support the City's fiscal needs.
Now, Therefore, Be It Ordained by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 21, Article 9, Section 21-09.05(d) (2)2 of the South Bend Municipal Code
shall be amended to read as follows:
(2) Fees.
In order to defray administrative costs, the fees . - : • • •. • -- --: .
approved by the Arca Plan Commission for development plan approval shall be paid by
the applicant at the time of filing an application for development plan approval. Fees shall
be as specified in the following table:
Subdivisions Filing Fee
Major-Primary $200.00
Major-Secondary $400.00
Minor-Primary $125.00
1
Replat Primary $75.00
Plat Vacation $75.00
Rezoning Filing Fee
Single Family $75.00
Other than Single $75.00
Family
Planned Unit $150.00
Development
Site Plans Filing Fee
Final Site Plans $50.00
PUD-Secondary $150.00
Approval
PUD-Minor $50.00
Modification
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.
Member of the Common Council
Attest:
Si big of�t,"0 1 a c f: an
op poft 5� fti P±S 1T(.:i Mair4g and
John Voorde, City Clerk Cound act GI Pa Ma
Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the
day of , 2015, at o'clock_.m.
Janice Talboom, Deputy Clerk
2
Approved and signed by me on the day of , 2015, at
o 'clock . m.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
Filed in Clerk's;Office
READivG c�-1- —1 ,OCT : 7 2915
1st PUBLIC HEARING -
ii
,IO +B�O
HaS7s§Gw X
3rd READING 3 CITY CLERK,SOUTH SEND,IN
NOT APPROVED
PEFERRED
PASSED .._.
•'•'oVTlig;
oA ,v11,111:0,�O`.
iU � k\ it ii O
e W �- rs�i
.,ems Ali -.2,
1565,,�•'`•�;
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
October 7, 2015
Mr.Tim Scott
Council President,South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Amending the South Bend Municipal Code to cover fees associated with plan and
zoning review.
Dear Council President Tim Scott,
Attached for filing with the South Bend Common Council is an Ordinance to amend the South
Bend Municipal Code in Chapter 21 that covers plan and zoning review.
The purpose of this ordinance is to authorize the City's Public Works Department and
Engineering Division to charge certain reasonable fees to recover the costs of providing certain services
to persons requesting site development and to those persons filing petitions with the Board of Zoning
Appeals.
At this time when property tax revenues do not and cannot keep pace with costs of furnishing
local governmental services, it is equitable that persons who require City oversight in the review of
subdivisions, plans,and zoning, directly defray the costs for the time and expenses of the City's
furnishing of its expertise and services.
Either I,or Director of Public Works Eric Horvath,will present this Bill to the Common Council at
its appropriate committee meeting and at the public hearing during the Common Council's regular
meeting.
Thank you for your consideration of this matter.
Sincere) LOH,. `s`ffice
i
Pa ck C. Kerr, PhD, PE )15 City Engineer j BEND,IN
Olif
U \ u
^' s, aaZ
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF PUBLIC WORKS
October 8, 2015
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Bill No.40-15 Downspouts
Bill No. 25-15 Yard Waste Containers
Bill No.*-16 Solid Waste Fees
Lb
Dear Council:
I am requesting that Bill No.40-15(currently set for October 12th), Bill No. 25-15(currently set for
October 26th),and Bill No. 25-16(currently set for October 26th) be re-scheduled to the November 9,
2015 Council meeting so that the Utilities Committee may have further discussion on these Bills.
I am available for any further questions or additional information that you may have regarding these
bills. Thank you for your consideration.
Sincerely,
Eric rvat' fir V
Executive Director of Public Works
OCT a 2015 "
JOHR VO
CITY CLERK ! L a;.- NU,tv_.t b `t\1I
6,-\\
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING SECTIONS OF CHAPTER 16,ARTICLES 2 AND 4 OF THE
SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL
SOLELY FROM CITY FURNISHED CONTAINERS
STATEMENT OF PURPOSE AND INTENT
For reasons of environmental stewardship and heightened state and federal regulation,
the City of South Bend (the City), in 2013, amended Chapter 16 Article 2 to prohibit use of
plastic bags to contain yard waste materials for City removal (Ordinance # 10270-13). At that
time, the City introduced voluntary use of 95 gallon yard waste containers furnished by the City
as a receptacle for yard waste materials to be removed by the City
The City Division of Organic Waste (the Division) has been reviewing the costs
associated with yard waste removal, particularly the cost difference between removal from City
furnished containers and removal from paper bags or non-bagged bundles. The Division has
determined that it is not economically feasible for the City to continue removing yard waste
which is not contained within City-issued yard waste containers.
This ordinance limits the City's removal of yard waste materials to those which are
placed in City-issued yard waste containers and which are rented annually for Sixteen Dollars
($16.00) from the City and payable at a fixed monthly rate of$2.00 during the period from April
through November. The provisions of this ordinance will take effect in calendar year 2016, and
those residents who were not previously issued such containers shall have until February 1, 2016
to request a container. As of April 1, 2016, no yard waste shall be removed from property during
City yard waste pick-up and removal which is not contained within a City yard waste container.
To effectuate this change in practice it is necessary to amend the South Bend Municipal
Code at Chapter 16, Article 2, Section 16-8 (f) and (g) and at Article 4, Section 16-28 . This
Ordinance enacts those Municipal Code Amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 16, Article 2, Section 16-8(f) of the South Bend Municipal Code shall
be and hereby is amended to read in its entirety as follows:
Sec.16-8. Use of City-furnished refuse containers required; disabled customer
exception; nonrecurring charge for new users; separation of yard waste; and
required use of City-furnished yard waste containers .
(0 Yard waste as defined herein, shall be collected by the City on a weekly basis for
disposal and recycling at the City's Organic Resource Facility. Each owner, occupant
or lessee of any single or multifamily dwelling shall separate and keep separate any
yard waste from the remainder of the residential refuse for collection. As of April 1,
2016 Yyard waste shall not be placed in plastic bags for collection. Such yard waste
shall be placed solely in containers leased from the City. in paper or other
biodegradable bags, or in other containers either furnished by the owner, occupant or
lessee, or 1 ased from the City, or neatly deposited in the tree lawn, and shall be
segregated from any trash or garbage. However, special pick up may be scheduled for
any Ttree limbs and brush of a diameter of less than four (4) inches which shall be
bundled together in lengths of forty-eight (48) inches or less,- or for Ttree limbs and
brush in excess of these dimensions, or for large quantities of yard waste, excluding
tree limbs in excess of six inches in diameter and stumps. may be scheduled for
special pick up. Nothing in this section shall prohibit any person from recycling yard
wastes on their own property for their own use or from giving such yard waste to
• another for recycling or use; provided, however, that such recycling neither creates a
public nuisance nor is otherwise injurious to the public health, welfare or safety.
Nothing in this section shall be construed to prohibit the deposit of leaves in a neat
and careful manner in the free lawn or any street in the autumn during the period
designated by the Department of Public Works for collection.
Section II. Chapter 16, Article 2, Section 16-8 (g) shall be and hereby is amended to
read in its entirety as follows:
(g) Commencing January 1, 2016 Tthe owner, occupant or lessee of any single or
multifamily dwelling who desires City service of weekly yard waste pick up and removal
must may lease from the City a yard waste container with capacity for ninety-five (95)
gallons of yard waste. The lease rate shall be two dollars ($2.00) per month for the
months of April through November, or Sixteen Dollars ($16.00) per year. Should such
container become substantially damaged or otherwise incapable of effective use through
no fault of the City, the lessee shall may be responsible for the replacement of the
container at actual cost.
Section III. Chapter 16, Article 4, Section 16-28 of the South Bend Municipal Code
shall be and hereby is amended to read in its entirety as follows:
Sec.16-28. Separation of yard waste from trash and garbage; tree limbs.
All generators, handlers, collectors and haulers of yard waste shall handle such waste in
a manner so as to assure that yard waste will not be co-mingled with trash and garbage.
Yard waste shall not be delivered to the Organic Resource Facility in plastic bags. It
shall be delivered either in paper or other biodegradable bags, in a loose condition or in
a container furnished by the customer., all up to a maximum weight of thirty five 35
container 1 ascd from the City as provided in Section 16 8(g) of this Article; provided,
howeverr t fNo matter how yard waste is delivered, all brush and tree limbs shall be
cut in lengths not to exceed forty-eight (48) inches and shall be bundled. The Organic
Facility cannot process and will not accept tree limbs in excess of six (6) inches in
diameter or stumps. These items may be disposed of by landfill or in any othcr lawful
Section IV. This Ordinance shall be in full force and effect on January 1, 2016
conditioned upon adoption by the Council and approval s i e v ayo
Member, South Bend Common Council
Attest: oppo 'y to ptsbk 2nd
Couttca tin iht balk a,,.
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
, 2 , at o'clock_. m.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock . m.
Mayor, City of South Bend, Indiana
Palau ht =' .t `s Office
st READING S' Zt° ( d A,• 2015
PUBLIC HEARING
3rd READING .1a:riA ,( ^.. `-"
NOT APPROVED aweLEM,SCUD-I SEND,IN
RErr:RRED
ASSED
sotrxa8
. 5
• 186 •''
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr.Tim Scott
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 16,Articles 2 and 4, Regarding
Provisions for the Removal of Yard Waste from City Furnished Containers
Dear President Scott:
In 2013,the City amended the yard waste ordinance to prohibit the use of plastic bags that contain yard
waste materials. This allowed the City to collect uncontaminated, plastic-free yard waste for processing
at the Organic Resources facility for the first time in the City's history. Subsequently,the City has moved
approximately 100,000 cubic yards of plastic contaminated material from the Organic Resources facility
to the landfill over the past two years to comply with requirements from the Indiana Department of
Environmental Management.
At the same time,the City introduced the voluntary use of 95 gallon yard waste containers furnished by
the City as receptacles for yard waste to be collected from residential properties. The City issued yard
waste containers are rented annually for$16.00 or about$.50 per week during the months of April
through November. Since that time,the City has been reviewing the costs associated with the yard
waste removal and has determined that there is a significant cost difference between the collection of
yard waste in City furnished containers and the collection in paper bags, residential containers,or non-
bagged bundles. It has been determined that it is not economically feasible for the City to continue
removing yard waste which is not contained within the City furnished yard waste containers.
This ordinance recommends limiting the collection and removal of weekly residential yard waste
materials to those placed in City furnished yard waste containers. Residents would have until February
1, 2016 to request a container for an April 1, 2016 effective date. After April 1, no yard waste shall be
removed from property as a part of the weekly collection unless contained within a City furnished
container. However, the City would still have provisions for a one-time per month special pick-up
collection of yard waste that would not be limited to the City furnished yard waste containers,and the
City would still run its annual Spring and Fall Curbside Re-Leaf programs.
wJ
Mr.Tim Scott
Yard Waste
May 20, 2015
Page Two
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always, thank you for your consideration.
Sincerely,
Eric
City of South Bend
Executive Director Public Works
frie ^> ~ Office
)7� LA: A: LL
L6irvcis c,SOUTH UEND,IN
ORDINANCE NO
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 16,SECTIONS 16-6 and 16-8 OF THE SOUTH
BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND
DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS
STATEMENT OF PURPOSE AND INTENT
The charges for collection and disposal of refuse (solid waste)materials within the City
of South Bend have not increased since 2008 (Ordinance No. 9861-8,passed August 25,2008).
Over the past several years the costs to the City for this collection and disposal process have
risen, including the salaries and wages of personnel, the cost of technically advanced trucks and
other equipment, and the costs of fuel and other overhead expenses of processing. At this time
an adjustment in the fees charged for collection and disposal of solid waste is necessary to cover
the basic costs of the service.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND,INDIANA as follows:
SECTION I. Chapter 16, Article 2, Section 16-6, subsection (c) is hereby amended to
delete in full sub-parts (1) through (5) inclusive, which subparts shall be replaced with the
following schedule of rates:
(1) Rates and Charges
MONTHLY RATES
Within City of South Bend Limits: 2015 2016*
Family Dwellings:
One—family dwelling $11.52 (1) $12.48
Two-family dwelling** 18.06 (1) 19.57
Three- Family dwelling** 24.61 (1) 26.66
Four Family Dwelling** 31.16 (1) 33.76
Senior rate*** 6.91 (1) 7.49
Commercial 13.82 16.22
Outside City of South Bend Limits:
Residential 13.82 16.22
Residential Senior*** 8.64 9.36
Additional Trash Container(per container) 6.55 7.09
Yard Waste Bin**** 16.00 16.00
* Until Further Amended.
** With one water meter.
*** Where the head of the household has submitted to the Board of Public Works proof of age
sixty five (65) or older.
**** Annual Charge for 8 months of the year.
SECTION II. The remaining subparts numbered(6) through(8) of Chapter 16, Article
2, Section 16-6(c) shall be renumbered as subparts (2)through(4) respectively.
SECTION III. Subpart 9 of Chapter 16, Article 2, Section 16-6(c) shall be deleted in its
entirety.
SECTION IV. Chapter 16,Article 2, Section 16-8, subsection (a) and (d) are hereby
amended to read as follows:
(a) Each single-family,two-family, three-family and four-family dwelling shall be provided by
the City with one (1) solid waste container for each family unit. It shall be the duty of the
dwelling occupant to keep the cover of this container tightly fitted when refuse is contained
in the container,and to remove the container from the collection site promptly after
collection by the City and no later than twenty-four (24) hours thereafter. No container
other than the one provided by the City shall be used for solid waste removal, and all refuse
must be placed in the container and moved to the place of pickup by 6:00 a.m. on the
designated collection date. Should the solid waste refuse of a dwelling habitually exceed the
limits of the furnished solid waste container, the City may require the dwelling occupant to
use a second City-furnished container or the dwelling unit occupant may choose to use a
second City furnished container at an additional charge of ftse-d $55.00) six dollars
and fifty-five cents ($6.55) per month(in 2015), and seven dollars and nine cents ($7.09)
per month (in 2016 and thereafter) on a mandatory year to year basis as provided in
subsection (d) of this section.
(d) The initial container furnished to owners,agents or occupants of dwellings as provided in
this section shall be free of charge. New or subsequent dwelling owners, agents or
occupants, shall pay an initial nonrecurring service fee of ten dollars ($10.00) to cover the
City's administrative cost of delivery and furnishing the refuse container. Should a container
become substantially damaged or otherwise incapable of effective use through no fault of
the City, a new container may be provided at actual cost. Any dwelling unit using more than
one (1) refuse container or habitually having refuse exceeding capacity of the furnished
container shall lease a second container for a year to year term at the lease rate of five-dellars
($5700) six dollars and fifty five cents ($6.55) per month (in 2015), and seven dollars and
nine cents ($7.09) per month (in 2016 and thereafter).
SECTION V. The effective date of this ordinance shall be August 1, 2015 after passage
by the Common Council, approval of the Mayor, and pub ' ursuant to law.
Member, South Bend Common Council
Signing u, R and
°PP3rtaMitY tkg woe
• Council actin�
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
, 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of , 2 ,at o'clock
. m.
Mayor, City of South Bend, Indiana
Filed in Ci
1st READING S r MAY _0 Z015 .
PUBLIC HEARING
3rd READING OU •
IOT APPROVE,! I CI CY CLEfik,oTPd;;SEND,IN
:}ERRED --
'ASSED
lot
u to
o
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr.Tim Scott
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 16, Article 2,Sections 16-6 and
16-8 Regarding Fees for City Collection and Disposal of Solid Waste Materials
Dear President Scott:
Last year during the budget process, it was identified that the ongoing fees charged for the collection
and disposal of solid waste needed adjusted in order to cover the basic costs of providing the service.
The costs for personnel salaries, wages and benefits,fuel, tipping fees, new technically advanced trucks
and equipment, maintenance,and overhead have risen since the last increase in 2008. Expenses have
outpaced revenues for the past few years which led to a declining fund balance in the Solid Waste fund.
During the budget process, it was suggested that the fees would need to be increased by approximately
$1.00 per month per household in 2015.
The City is recommending that the Council pass a two-tiered fee increase per the attached ordinance for
2015 and 2016. The effective date for the first increase would be August 1,2015. The recommended
fees would support a more evenly balanced budget and would be competitive with fees in surrounding
communities.
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always,thank you for your consideration.
Sincerely,
Hied in Clan: fr;
Eric C. Horvath f j
City of South Bend P MAY 2 G 2215
Executive Director Public Works f
CITY CLEF [', ;.;t;: , Ltd),IN