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HomeMy WebLinkAbout10-24-2022 Final AMENDED Committee Meeting Notice and Agenda Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, OCTOBER 20, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, October 24, 2022: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/10242022CC 4:00 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Bill No. 62-22 – Alley Vacation N/S Alley Starting from Hill St. to First E- W Alley Between Corby and Kalorama 4:10 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1. Bill No. 55-22 – 2023 Firefighter Salary Ordinance 2. Bill No. 56-22 – 2023 Police Salary Ordinance 4:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN 1. Bill No. 22-45 – Resolution Approving and Adopting Northeast Neighborhood Plan 2. Bill. No. 22-46 – Resolution Approving and Adopting Rum Village Neighborhood Plan 3. Bill No. 22-48 – Resolution Confirming the Adoption of a Declaratory Resolution of a Five (5) Year Personal Property Tax Abatement for Steel Warehouse Company LLC 4:50 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 30-22 – Amending the Zoning Ordinance for Property Located at 1335 E. Ireland & South Brookton, Councilmanic District #5 2. Bill No. 36-22 – Amending Zoning Ordinance for Property Located at 300 St. Louis Blvd Councilmanic District #4 – Substitute 3. Bill No. 134-21 – Amending Zoning Ordinance for Property Located at 2701 Lincolnway West – Substitute Council President Sharon L.McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List 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 South Bend Common Council Meeting Agenda Monday, October 24, 2022 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/10242022SBCC 1. INVOCATION FR AUGUSTINE ONUOHA, SAINT JOSEPH HIGH SCHOOL 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 22-47 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CELEBRATING THE ONE HUNDRED YEARS OF GENERAL STAMPING & METALWORKS 22-49 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONGRATULATING BLAKE WESLEY, ONE OF SOUTH BEND’S NATIONAL BASKETBALL ASSOCIATION’S 2022 FIRST-ROUND DRAFT SELECTIONS 22-50 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONGRATULATING JADEN IVEY, ONE OF SOUTH BEND’S NATIONAL BASKETBALL ASSOCIATION’S 2022 FIRST-ROUND DRAFT SELECTIONS 22-51 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA HONORING SKYLAR DIGGINS-SMITH FOR HER CONTRIBUTIONS TO SOUTH BEND’S LEGACY OF PROFESSIONAL BASKETBALL PLAYERS BY BEING THE FIRST CITY NATIVE SELECTED IN THE FIRST ROUND OF THE WNBA DRAFT 22-52 SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA HONORING JACKIE BATTEAST FOR HER CONTRIBUTIONS TO SOUTH BEND’S LEGACY OF PROFESSIONAL BASKETBALL PLAYERS BY BEING THE FIRST CITY NATIVE DRAFTED BY THE WNBA 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 134-21 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA – SUBSTITUTE 30-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1335 EAST IRELAND AND 4427 SOUTH BROOKTON, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 36-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 300 ST LOUIS BLVD. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA – SUBSTITUTE 55-22 PUBLIC HEARING ON 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 YEAR 2023 AND 2024 56-22 PUBLIC HEARING ON 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 2023, 2024, AND 2025 62-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION – N-S ALLEY STARTING FROM HILL ST TO FIRST E- W ALLEY BETWEEN CORBY AND KALORAMA 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 134-21 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA – SUBSTITUTE 30-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1335 EAST IRELAND AND 4427 SOUTH BROOKTON, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 36-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 300 ST LOUIS BLVD. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA – SUBSTITUTE 55-22 THIRD READING ON 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 YEAR 2023 AND 2024 56-22 THIRD READING ON 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 2023, 2024, AND 2025 62-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION – N-S ALLEY STARTING FROM HILL ST TO FIRST E- W ALLEY BETWEEN CORBY AND KALORAMA 11. RESOLUTIONS BILL NO. 22-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE NORTHEAST NEIGHBORHOOD PLAN 22-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE RUM VILLAGE NEIGHBORHOOD PLAN 22-48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE, SOUTH BEND, IN 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 12. BILLS OF FIRST READING BILL NO. 64-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 613 S Warren St., COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 65-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1036 LINCOLN WAY EAST, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 66-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE VACANT LAND ON THE EAST AND WEST SIDES OF N LINDENWOOD DR E BETWEEN W LINDENWOOD DR S AND AUTEN RD., COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 67-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO FUND ITS "TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE, SERIES 2022 (SOUTH BEND CHOCOLATE DESTINATION PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 68-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19 OF THE SOUTH BEND MUNICIPAL CODE TO APPOINT THE CITY CONTROLLER AS ORDINANCE VIOLATIONS CLERK AND TO MAKE OTHER ASSOCIATED MUNICIPAL CODE AMENDMENTS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 09-22-2022) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Henry Davis, Jr., Vice-Chairperson Kaine Kanczuzewski, Citizen Member Thomas Kurzhal, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Desmont Upchurch, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Scott Matthew Coats, Citizen Member Maria Gibbs, Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Chris Hagstrom-Jones, Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Henry Davis, Jr., Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Publi c Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Member Lori K. Hamann, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice-Chairperson Personnel & Finance Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Information & Technology Committee, Vice-Chairperson 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHO FAX CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Mr. Daniel A. Machiela 824 N. Hill St. South Bend, IN 46617 dmachiel@nd.edu September 13, 2022 CITYCl:-, O I RE: Alley/Street Vacation -Alley at 824 N. Hill Street (Preliminary Review) Dear Mr. Machiela: At its September 13, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13, 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 difftcult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley pending the applicant hiring a bonded and permitted contractor to remove the existing alley entrance apron between sidewalk and N. Hill Street and installing a new six (6) inch curb across the opening within thirty (30) days. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions, please call this office at (574) 235-9251. Enclosures TH/lb Sincerely, Isl Theresa Heffner Theresa Heffner, Clerk ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER BILL NO. 62-22 Karen L. White President Sharon L. McBride Vice-President Sheila Niezgodski Chairperson, Committee of the "Whole Canneth Lee First District Herny Davis, Jr. Second District Sharon L. McBride Third District TroyWamer Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K. Hamann At Large City of South Bend Common Council 441 County-Gty Building • 227 W. Jefferson Blvd South Benci, Indiana 46601 September 20, 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 (574)235-9321Fax (574) 235-9173 IDD (574) 235-5567 http://www.southbendin.gov Filed in Clerk'c-Off· 1r----_u ____ ,ce j SEP 2 0 2027 I I CITY �P�tt !A JONE�-' -� 00UTH BENO, IN Re: 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 YEAR 2023 AND2024 Dear Council Members: I am attaching the proposed Firefighter Salary Ordinance for filing. This ordinance is nearly identical to the ordinance for 2023 and 2024. The only difference from 2022 is the addition of a salary classification for Lieutenant, a position not in existence last year, although included in the contract negotiations. In order to comply with the necessary three readings and public hearing before the statutory deadline for adopting a budget, the proposed ordinance should be filed for first reading at our September 26, 2022, meeting. I ask that this bill be scheduled for first reading on September 26, 2022 and assigned to the Personnel and Finance Committee for second reading, followed by third reading and public hearing at the full Council meeting on October 10, 2022. Thank you for your consideration. Sincerely yours, Sharon McBride, President, South Bend Common Council BILL NO. 55-22 BILL NO. 55-22 ORDINANCE NO. Filied in C crf. s Office n DAW `N s,w, - IO N 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 YEAR 2023 AND 2024 STATEMENT OF PURPOSE AND INTENT In 2021, the South Bend Common Council, pursuant to Indiana Code § 36-8-3-3 (d), established the annual compensation and monetary fringe benefits of the South Bend Fire Department via Ordinance Number 10820-21, passed on October 25, 2021 and subsequently amended by Ordinance Number 10831-21, passed on December 13, 2021. These ordinances followed successful negotiation of a collective bargaining agreement with members of the South Bend Firefighter's Association Local No. 362 for the three calendar years beginning January 1, 2022 and ending December 31, 2024. This ordinance reaffirms for the 2023 calendar year the negotiated items which fix the annual pay and salaries of the sworn members of the South Bend Fire Department; including salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12; and other monetary fringe benefits. It makes one change to the terms of Ordinance Number 10831-21: it adds a rank of Lieutenant for 2023 and 2024 at the same wage level as Captain. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters, AFL-CIO, as the sole bargaining agent for the sworn members of the South Bend Fire Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Fire Chief, the Assistant Fire Chiefs, and the Battalion Chiefs, who are governed by Indiana Code §.36-8-1-12. 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 2022, 2023, and 2024 shall be set as follows: Salary Classification 2022 2023 2024 Fire Chief 109,945 112,694 115,229 Assistant Chief 92,499 94,811 96,945 Battalion Chief 79,827 81,823 83,664 Captain 68,817 70,538 72,125 Lieutenant N/A 70,538 72,125 Inspector Non -Rank 68,817 70,538 72,125 Investigator Non -Rank 68,817 70,538 72,125 Instructor Non -Rank 68,817 70,538 72,125 Paramedic Lt Non -Rank 64,946 66,570 68,068 Pump Engineer on -Rank 64,737 66,356 67,849 Firefighter I' Class 63,658 65,249 66,717 Firefighter 2nd Class 56,523 57,937 59,240 Firefighter 3rd Class 46,754 47,923 49,001 1. Fire Recruit Civilian 45,805 46,950 48,006 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: 2022: $2,500 maximum payable on or before December 15, 2022 2023: $2,500 maximum payable on or before December 15, 2023 2024: $2,500 maximum payable on or before December 15, 2024 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. 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 2022 2023 2024 Field Training Officer (FTO) 850 850 850 Lead Paramedic Incentive 2,500 2,500 2,500 Emergency Medical Responder 250 250 250 EMT - Basic 350 350 350 EMT — Adv. 900 900 900 EMT -Paramedic 900 900 900 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 2022 2023 2024 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 1,200 1,200 1,200 Technician 500 500 500 Team Leader 400 400 400 Tactical Rescue Team Res onse Team Member 1,200 1,200 1,200 Team Leader 400 400 400 Honor Guard 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: 2022 2023 2024 Limited English Proficiency LEP $ 800 $ 800 800 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 Emerp-ency 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 1/z) 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 1/2) time the sworn member's hourly rate and shall be guaranteed a minimum of four (4) hours of work or pay. 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 receive 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 Years of Service on SBFD- Longevity Pay 2022 2023 2024 6-10 Years of Service 300 300 300 11-15 Years of Service 600 600 600 16-20 Years of Service 1,900 1,900 1,900 21-25 Years of Service 3,400 3,400 3,400 26+ Years of Service 6,500 7,250 8,300 c) Qualifying sworn members of the South Bend Fire Department holding the rank of Assigned -lead on the Ambulance in the South Bend Fire Department shall receive additional compensation in recognition of the cumulative years of service as an assigned lead Such longevity pay shall be divided into bi-weekly payments over the year. Longevity pay shall be as follows: Longevity Pay 2022 2023 7= 2024 1-2 Years of Service 550 550 1 $ 550 2-5 Years of Service 1,200 1,200 1,200 5-10 Years of Service 1,800 1,800 1,800 10+ Years of Service 2,400 2,400 2,400 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 2022 2023 2024 1 2,850 2,850 2,850 2 1,250 1,250 1,250 3 1,250 1250 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 $1,250 1 $1,250 I $1,250 11 1 $1,250 1 $1,250 T $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 3 1 " of each calendar year. M3 2M 202-4 Q8thiFkg'U:Ri_fA_R:_R 1 1. 1. .rbeinfbur4.1-3-AWtvaiiee shall paid (4) equal payments eii or shall be . Fated to the date of tb.-.,-.ination 0Fe.Y,.,105..,. elb) C-19thi.,W a ni f Fm All.,,..anee 17 _______ _t__71 ___a F__ .__' 3_...'._._. i:..'.. _71_ C'._i _.__ _C _ .. .1 _ ._ _ . .. '.l. .1. ri . Section IX. Other Monetary Benefits. a) Safety Officers. The regularly assigned Safety Officers shall receive, in addition to his or her base salary, the sum of four thousand five hundred ($4,500) in calendar years 2022, 2023 and 2024. 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 workweek [not to include temporary duty assignments (TDY)]. The sum of $1,154 shall be paid to such qualifying individuals in the following calendar years: 2022, 2023 and 2024. 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 $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 be paid to the individual regularly assigned to work a forty (40) hour workweek not to include temporary duty assignments (TOY)] at the Luther J. Taylor, Sr. Fire Safety Training Center. The sum of three thousand dollars ($3,000) shall be paid per year in 2022, 2023 and 2024 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) in any one calendar year. h) Critical Duty Day Stipends. In 2022, 2023, and 2024, 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 three hundred ($300) 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, 1997 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. 0) 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. 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 may be 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, 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) each year that he/she serves in that capacity in 2022, 2023, and 2024. m)Post-Employment Health Plan. The City of South Bend shall establish a Post -Employment Health Plan (PEHP) for retired firefighters. This PEHP is a Voluntary Employee Beneficiary! Association (VEBA) governed by section 501(c)(9) of the Internal Revenue Code. Subject to any laws, rules, or external regulations govemin suchuch plans. the City of South Bend shall make an annual contribution of one hundred and twenty dollars (_S 120) for each sworn member in the calendar years 2022. 2023, and 2024. Section X1. 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 2022, 2023, and 2024. 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: I Course Grade Earned I Maximum Amount to be Reimbursed by the Citv I 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 uD to a maximum of S900 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 2022, 2023, and 2024. 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 XI1E. Severabilio% 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. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock . M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana SUBSTITUTE BILL NO. 56-22 Filr'r:: 7`^ 4',3 OCT: 2:1 2022 SUBSTITUTE BILL NO. 56-22 1 J DAWN M.JOi':ES ORDINANCE NO. 10891-22 CITY CLERK, SOU; i PEND, IN 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 2023, 2024,AND 2025 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 1',the annual compensation and monetary fringe benefits of the South Bend Police Department. The City of South Bend is concurrently negotiated a collective bargaining agreement with members of the Fraternal Order of Police Lodge 36. This ordinance sets forth the negotiated items which fix the annual pay and salaries of the sworn members of the South Bend Police Department as defined in Indiana Code § 36-8-1-9; salaries of the First Class Patrolman as defined in Indiana Code§36-8-1-11;salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12; and other monetary fringe benefits. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for the sworn members of the South Bend Police Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Police Chief, the Division Chiefs, and the Captains,who are governed by Indiana Code § 36-8-1-12. Section II. Sworn Member Annual Pay Classifications; Recruit Pay; Lateral Entry; and Career Development Incentive Programs. a) Annual Pay Classifications 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 2023, 2024,and 2025 shall be set as follows: Pay Classification 2023 2024 2025 Police Chief 122,557 128,072 133,515 Division Chiefs 112,650 117,719 122,722 Captains 99,313 103,782 108,193 Lieutenants 79,867 83,461 87,008 Sergeants 76,890 80,350 83,764 Detectives 71,778 75,008 78,196 Patrolman First Class 70,822 74,009 77,154 Patrolman Second Class 62,624 65,442 68,223 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. Upon the effective sworn date, a Recruit shall be paid as a Patrolman 2nd Class. The maximum annual pays of a Police Department Recruit shall be as follows: Pay Classification 2023 2024 2025 Police Recruit 56,765 59,319 61,840 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 ten thousand dollars($10,000.00)as a one- time bonus,to be paid in equal quarterly installments in the first year of employment,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 into 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. A lateral entry officer with two (2) years or less of service as a certified officer shall enter the South Bend Police Department as a Patrolman Second Class. Upon completing Field Training Program FTO), such lateral officer shall be eligible for promotion to Patrolman First Class. d) Police Officer Recruitment Bonus Program. The Police Officer Recruitment Bonus Program which originally became effective January 1, 2015, shall continue in full force and effect. Any City of South Bend Employee 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: 1. Upon an individual, who has been recruited by a City of South Bend Employee, graduating from the Indiana Law Enforcement Academy, the sum of three hundred dollars ($300.00) shall be allocated for payment for that City of South Bend Employee who assisted in the recruitment. 2. Upon that individual then successfully completing the Field Training Program (FTO), the sum of five hundred dollars($500.00)shall be allocated for City of South Bend Employee who assisted in the recruitment. 3. For the City of South Bend Employee to be eligible to receive the bonuses described above, 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 City of South Bend Employee 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 their 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 City of South Bend Employee in order for them to be qualified and eligible to be paid under this program. a) Lateral Police Officer Recruitment Incentive Program. The South Bend Police Department Lateral Police Officer Recruitment Incentive Program which originally became effective January 1,2015,shall continue in full force and effect. Any City of South Bend Employee, 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 City of South Bend Employee's recruitment activities and their timely completion of all required forms with the South Bend Police Department; 3. The lateral police officer candidate, completed the annual mandatory training program addressing domestic violence, use of force training, firearms training, and emergency vehicle operations training; and 4. All Police Department regulations governing this program must have been complied with by the City of South Bend Employee in order for them to be qualified and eligible to be paid under this program. b) Police Officer Education Incentive Program. The South Bend Police Department Education Incentive Program which originally became effective January 1, 2015, shall continue in full force and effect. 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, firearms training, emergency vehicle operations training; and provided all of the documentation which verify the completion of the following degrees/hours: Degree 2023 2024 2025 Associate Degree or 60 credit hours 450 450 450 Bachelors Degree(BS/BA) 600 600 600 Masters Degree or higher(JD,PhD, etc.) 850 850 850 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 them 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. c) Former U.S. Military Recruitment and Retention Incentive Programs.' The South Bend Police Department Former U.S. Military Recruitment and Retention Incentive Programs which originally because effective January 1, 2015, shall continue in full force and effect. 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, 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 http://www.theiamorgivets2cops 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 (1) of the following bonus incentive payment amounts upon graduating from the Indiana Law Enforcement Academy: Service Length 2023 2024 2025 Two (2)years of past U.S. military 450 450 450 active duty service Four(4)years of past U.S. military 600 600 600 active duty service Six(6) or more years of past U.S. 850 850 850 military active duty service 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 City of South Bend Employee, 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 their timely completion of all required forms with the South Bend Police Department; iii. 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,firearms training,and emergency vehicle operations training; and iv. All Police Department regulations governing this program must have been complied with by the City of South Bend Employee in order for them to be qualified and eligible to be paid under this program. 3. Former U.S. Military Retention Incentive Program. The South Bend Police Department Former U.S. Military Retention Incentive Program which originally because effective January 1, 2015, shall continue in full force and effect. In order to be eligible, a sworn member of the Department who has prior active duty service with the Armed Services and received an Honorable Discharge from a branch of the U.S. military, 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: Service Length 2023 2024 2025 Two(2)years of past U.S. military 450 450 450 active duty service Four(4)years of past U.S. military 600 600 600 active duty service Six(6)or more years of past U.S. 850 850 850 military active duty service 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. 4. 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 their new personal residential address is located within the South Bend City limits. This relocation bonus. may not exceed two thousand dollars ($2,000.00) for each qualifying full-time sworn member in each calendar year. 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: 2023: 3,500.00 maximum payable on or before December 15, 2023 2024: 3,500.00 maximum payable on or before December 15, 2024 2025: 3,500.00 maximum payable on or before December 15, 2025 c) Court Time Pay: If an officer or sworn member of the South Bend Police Department appears under subpoena, court order, or at the request of City Legal during off-duty hours before any court, administrative body(i.e. civil,probate, Board of Public Safety, Alcohol Beverage Board, etc.), or at the County Prosecutor's Office to validate a complaint or warrant pertaining to incidents investigated by such officer as a result of their duty assignment, whether civil or criminal in nature, excepting only disciplinary matters in which the officer concerned is the accused, said officer shall receive overtime pay. Such court time shall be paid at two (2) times the officer's regular rate of pay. a. When such appearance is in-person or requires the officer's testimony under oath, the officer shall receive a minimum of four(4)hours of pay for appearing on their scheduled day off; and a minimum of two(2)hours of pay for appearing when off-duty on a regular scheduled work day. b. For all other appearances, such as virtual (by phone, computer, or other electronic means), the officer shall receive a minimum of one(1)hour of pay for appearing on their scheduled day off or when off-duty on a regular scheduled work day. Officers regularly assigned to the third detail, who are not otherwise on-duty, shall receive a minimum of: i. Four(4)hours of pay when such appearance is in-person or requires the officer's testimony under oath. ii. Two (2)hours of pay for all other appearances. d) Overtime Pay: If a sworn member is required to remain on duty in excess of the regularly scheduled workday,they shall be entitled to overtime pay. Such sworn member shall be paid at the rate of two(2) 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 two hundred and fifty dollars($250.00).There shall be eight(8)Critical Duty Days established by the Board of Public Safety by proper Board Resolution. Officers and sworn members assigned to the Special Victim's Unit 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 their regular duty assignments. 0 Shift Premium Pays: An officer or sworn member scheduled to work and permanently assigned to any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail 2023 2024 2025 Second Detail [Afternoons] 2,200 2,200 2,200 Third Detail [Midnights] 3,000 3,000 3,000 Detective Bureau [Evenings] 1,200 1,200 1,200 g) 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: Type of Special Duty 2023 2024 2025 Strategic Focus Unit 2,100 2,100 2,100 K-9 Unit 1,200 1,200 1,200 SWAT 1,200 1,200 1,200 Bomb Technician 1,200 1,200 1,200 Hostage/Crisis Negotiator 1,000 1,000 1,000 Uniform Crime Scene Technician 1,000 1,000 1,000 Homicide Crime Scene Technician 200 200 200 Patrol Shift Supervisory Sergeant Pro-Pay 450 450 450 Rapid Response(RRT) 450 450 450 Diagrammer 700 700 700 Detective Bureau—Violent Crimes 1,000 1,150 1,200 Detective Bureau—Major Crimes 250 350 500 Traffic(TDO, FACT) 500 500 500 h) Limited English Proficiency (LEP) Specialty Pay and Sign Language Proficiency Incentive Pay: A Limited English Proficiency (LEP) Pay Program and a Sign Language Proficiency Incentive Pay Program, overseen by the City's Human Resources Director or their designee, who shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform such duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: Type of Special Pay 2023 2024 2025 Limited English Proficiency(LEP)400 400 400 Sign Language Proficiency 400 400 400 with such incentive program payments being limited to the total yearly amount budgeted for the same. i) Field Training Officer (FTO) Pay: A qualified Field Training Officer(FTO) shall be entitled to FTO day for each day which such person is qualified,assigned and performs field training activities with new recruits. 2023 2024 2025 FTO Daily Rate 50 50 50 j) Division Chief Stipend: The Chief of Police may assign one (1) Division Chief to be "acting Chief' when they are unavailable. Said Division Chief shall receive a stipend of one thousand dollars 1,000.00)per year. k) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts to be paid each year in December: 2023 2024 2025 Annual Cash Allowance 500 500 500 1) Longevity Pays: Qualifying officers and sworn members holding the rank of Patrolman First Class 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 each year: Cumulative Years Commencement of Service on SBPD Date 2023 2024 2025 4—9 years Beginning 5th year 1,500 1,500 1,500 10— 14 years Beginning 11t year 3,000 3,000 3,000 15 — 19 years Beginning 16th year 4,500 4,500 4,500 20—24 years Beginning 21st year 6,000 6,000 6,000 25+years Beginning 26th year 6,000 7,500 8,500 m)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 Gradee Maximum Amount Reimbursed by the City 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 allocated 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 two thousand five hundred dollars ($2,500.00) 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. n) Voluntary Physical Fitness Program: The Common Council continues the authorization previously set forth in Ordinance No. 10042-10, Ordinance No. 10192-12, Ordinance No. 10332-14, and Ordinance No. 10472-16 to implement a voluntary physical fitness program, 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. o) On-Call Duty Pays: Each of the following On-Call Duty Pay categories shall be allotted six hundred fifty dollars($650.00)per category per year, 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: All officers assigned to the Detective Bureau Traffic On-Call Diagrammer Traffic On-Call Duty Officer p) Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all sworn members and officers of the South Bend Police Department in an amount equal to the amount of the sworn member's and officer's base pay. q) Health Insurance: Each active sworn member and upper level policy makers who are also referred to as officers of the South Bend Police 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. Benefits for qualifying police pensioners shall not begin until such pensioner or dependent spouse of such pensioner meets the State minimum standards for pension eligibility and immediately able to draw a pension, and shall cease when such pensioner, or the dependent spouse of such pensioner, reaches sixty-five(65)years of age or become Medicare-eligible,as further addressed in the 2023-2025 Working Agreement, to be approved by the Board of Public Safety. Section IV. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock ,m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock _n James Mueller, Mayor City of South Bend, Indiana Fi! r 'r ^ rl`'S Mice OCT; 21 2022 DAWN M.JONES CITY CLERK, SOUTH BEND, IN Karen L White President Sharon L. McBride Vice-President Sheila Niezgodski Chairperson, Committee of the Whole Canneth Lee First District Heruy Davis, Jr. Second District Sharon L McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L White At Large Rachel T ornas Morgan At Large Lori K. Hamann At Large City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd (574)235-9321Fax (574) 235-9173 IDD (574) 235-5567 http:/ /www.southbendin.gov South Bend, Indiana 46601 r------------�Fiied in Clerk's Office September 20, 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITYOF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2023, 2024, AND 2025 Dear Council Members: I am attaching the proposed monetary and fringe benefits and Salary Ordinance for sworn members of the South Bend Police Department for filing. You will notice several blank spaces in the ordinance. That is because negotiations with the FOP Lodge No. 36 are ongoing. However, in order to comply with the necessary three readings and public hearing before the statutory deadline for adopting a budget, the proposed ordinance should be filed for first reading at our September 26, 2022, meeting. A substitute bill will be submitted before second and third readings and public hearing on October 10, 2022. I ask that this bill be scheduled for first reading on September 26, 2022 and assigned to the Personnel and Finance Committee for second reading, followed by third reading and public hearing at the full Council meeting on October 10, 2022. Thank you for your consideration. Sincerely yours, Sharon McBride, President, South Bend Common Council BILL NO. 56-22 BILL NO. 56-22 ORDINANCE NO. sled in Clerk's office i SAP 2 0 2Q2i 5 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 2023, 2024, AND 2025 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 and monetary fringe benefits of the South Bend Police Department. The City of South Bend is negotiating a collective bargaining agreement with members of the Fraternal Order of Police Lodge 36. This ordinance sets forth the negotiated items which fix the annual pay and salaries of the sworn members of the South Bend Police Department as defined in Indiana Code § 36-8-1-9; salaries of the First Class Patrolman as defined in Indiana Code § 36-8-1-11; salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12; and other monetary fringe benefits. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for the sworn members of the South Bend Police Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Police Chief, the Division Chiefs, and the Captains, who are governed by Indiana Code § 36-8-1-12. Section H. Sworn Member Annual Pay Classifications; Recruit Pay; Lateral Entry, and Career Development Incentive Programs. a) Annual Pay Classifications 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 2023, 2024, and 2025 shall be set as follows: Pay Classification 2023 Police Chief Division Chiefs Captains Lieutenants Supervisory Sergeants Investigators Patrolman First Class Patrolman Second Class 2024 2025 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. Upon the effective sworn date, a Recruit shall be paid as a Patrolman 2nd Class. The maximum annual pays of a Police Department Recruit shall be as follows: Pay Classification 2023 2024 2025 Police Recruit c) Lateral Entry Program. The Common Council authorizes the South Bend Police Department to offer between dollars ($ to dollars ($ ) 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 into 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. A lateral entry officer with two (2) years or less of service as a certified officer shall enter the South Bend Police Department as a Patrolman Second Class. Upon completing Field Training Program (FTO), such lateral officer shall be eligible for promotion to Patrolman First Class. d) Police Officer Recruitment Bonus Program. The Police Officer Recruitment Bonus Program which originally became effective January 1, 2015, shall continue in full, force and effect. Any sworn member of the South Bend Police Department, 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: 1. Upon an individual, who has been recruited by a South Bend Police Department sworn member, graduating from the Indiana Law Enforcement Academy, the sum of dollars ($ 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 (FTO), the sum of dollars ($ 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. a) Lateral Police Officer Recruitment Incentive Program. The South Bend Police Department Lateral Police Officer Recruitment Incentive Program which originally became effective January 1, 2015, shall continue in full, force and effect. Any sworn member of the South Bend Police Department, 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 dollars ($ 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; 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 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. b) Police Officer Education Incentive Pragratn. The South Bend Police Department Education Incentive Program which originally became effective January 1, 2015, shall continue in full, force and effect. 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: Degree Associate Degree or 60 credit hours Bachelors Degree (BSBA) Masters Degree or higher (JD, PhD, etc.) 2023 2024 2025 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 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. c) Former U.S. Military! Recruitment and Retention Incentive Programs.' The South Bend Police Department Former U.S. Military Recruitment and Retention Incentive Programs which originally because effective January 1, 2015, shall continue in full, force and effect. 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 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 (1) of the following bonus incentive payment amounts upon graduating from the Indiana Law Enforcement Academy: Service Length 2023 2024 2025 Two (2) years of past U.S. military active duty service Four (4) years of past U.S. military active duty service Six (6) or more years of past U.S. military active duty service 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, 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 dollars ($}. 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, firearms 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. Transition Guide for Veterans Beginning or Continuing Careers in Law Enforcement is available at http://www.theiaep.org/vets2cops Former U.S. Military Retention Incentive Program. The South Bend Police Department Former U.S. Military Retention Incentive Program which originally because effective January 1, 2015, shall continue in full, force and effect. 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: Service Length 2023 2024 2025 Two (2) years of past U.S. military active duty service Four (4) years of past U.S. military active duty service Six (6) or more years of past U.S. military active duty service 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. 4. 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 dollars for each qualifying full-time sworn member in each calendar years. 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: 2023: $ maximum payable on or before December 15, 2023 2024: $ maximum payable on or before December 15, 2024 2025: $ maximum payable on or before December 15, 2025 c) Court Time Pav: 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 of pay. Such officer or sworn member shall receive a minimum of hours of pay for appearing on his or her scheduled day off, and a minimum of (-__) hours of pay 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 times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments. e) Critical Duty D4y Pay Stipend: A critical duty day pay stipend is continued in the amount of dollars ($There shall be eight (8) Critical Duty Days established by the Board of Public Safety by proper Board Resolution. 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. f) Shift Premium Pays: An officer or sworn member scheduled to work and permanently assigned to any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail Second Detail [Afternoons] Third Detail [Midnights] Strategic Focus Unit Investigative Division [evenings] 2023 2024 2025 g) Seniority -Shift incentive Premium Pates: Any sworn Patrol Division or Investigative Bureau officer permanently assigned to the afternoon, evening, or midnight shifts shall be entitled to the following additional Seniority -Shift Incentive Premium pays for such work: Type of Detail 2023 2024 Second Detail [Afternoons] — 8 years or more of service Third Detail [Midnights] — 8 years or more of service 2025 h) Special Duty Pa +ems: 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: Type of Special Duty Strategic Focus Unit K-9 Unit SWAT Bomb Technician Hostage Negotiator Uniform Crime Scene Technician Patrol Shift Supervisory Sergeant Pro -Pay Rapid Response (RRT) Diagrammer Certified Meth Technician 2023 2024 2025 i) Limited English Proficiency (LE pecialty Pay and Sign Language Proficiency incentive Pav_: A Limited English Proficiency (LEP) Pay Program and a Sign Language Proficiency Incentive Pay Program, overseen by the City's Human Resources Director or his/her designee, who shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform such duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: Type of Special Pa Limited English Proficiency (LEP) Sign Language Proficiency 2023 2024 2025 with such incentive program payments being limited to the total yearly amount budgeted for the same. j) Field Training Officer (F T D) Pay: A qualified Field Training Officer (FTO) shall be entitled to dollars ($ per day for each day which such person is qualified, assigned and performs field training activities with new recruits. k) Division Chief St p : The Chief of Police may assign one (1) Division Chief to be "acting Chief' when he/she is unavailable. Said Division Chief shall receive a stipend of dollars per year. 1) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts: 2023 2024 2025 Annual Cash Allowance m) Longevity Pays: Qualifying officers and sworn members holding the rank of Patrolman First Class 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 each year: Cumulative Years of Service on SBPD 4 — 9 years 10 —14 years 15 —19 years 20 — 24 years Commencement Date Beginning 5' year Beginning I I' year Beginning 16' year Beginning 21" year 2023 2024 2025 n) 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 City of South Bend A _% of tuition costs only up to a maximum of $_ B _% of tuition costs only up to a maximum of $ C _% of tuition costs only up to a maximum of $_ Officers and sworn members who wish to participate in this program must give notice to the Services Division Chief prior to registering for a course which has tuition fees, so that funds may be earmarked for potential tuition reimbursement on a "first come, first serve" basis up to the maximum amount budgeted for such purposes for each calendar year by the Common Council. Tuition reimbursement shall be limited to a maximum reimbursement amount of dollars ($ 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. o) Voluntary Physical Fitness Pro : The Common Council continues the authorization previously set forth in Ordinance No. 10042-10, Ordinance No. 10192-12, Ordinance No. 10332-14, and Ordinance No. 10472-16 to implement a voluntary physical fitness program, 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. p) On -Call Duty Pays: Each of the following On -Call Duty Pay categories shall be allotted dollars ($ per category per year, 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: All officers assigned to the Investigative Bureau Traffic On -Call Diagrammer Traffic On -Call Duty Officer q) Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all sworn members and officers of the South Bend Police Department in an amount equal to the amount of the sworn member's and officer's base pay. r) Health Insurance: Each active sworn member and upper level policy makers who are also referred to as officers of the South Bend Police 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. Benefits for qualifying police pensioners shall not begin until such pensioner or dependent spouse of such pensioner is fifty-two (52) years of age and shall cease when such pensioner or the dependent spouse of such pensioner reaches sixty-five (65) years of age, as further addressed in the Working Agreement, as to be approved by the Board of Public Safety. Section IV. Sererability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of . 2022, at o'clock . In. Approved and signed by me on the m. Dawn M. Jones, City Clerk Office of the City Clerk day of 2022, at _ o'clock James Mueller, Mayor City of South Bend, Indiana O SpUTH\ OCT 17 2122 Iw ;i: Din, ` a PEACE/ >- 1865 ND,IN CITY OF SOUTH BEND COMMUNITY INVESTMENT October 17, 2022 Ms. Sharon McBride President,South Bend Common Council 4th Floor County City Building South Bend, IN 46601 Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING AND ADOPTING THE NORTHEAST NEIGHBORHOOD PLAN Dear President McBride: Scheduled on the Common Council's agenda for October 24th is a resolution,approving and adopting the Northeast Neighborhood Plan. The Northeast Neighborhood is in the northeast quadrant of South Bend and is roughly bounced by Angela Boulevard on the north,Twyckenham Drive on the east, LaSalle Avenue on the south,and Niles Avenue and Michigan Street on the west.The City of South Bend developed this plan through a process that engaged residents, businesses, institutions,government agencies, and other neighborhood stakeholders. The Northeast Plan was approved and adopted by the South Bend Plan Commission on September 19, 2022. A representative from the Department of Community Investment will present at the Committee and full Council meetings. Thanks for your consideration of this bill. Sincerely, 61l74 4/j Angela Rose Senior Planner BILL NO. 22-45 Northeast Neighborhood Revitalization Organization 803 Lincoln Way West South Bend, Indiana 46616 • Phone: 574-289-1066 Eax:574-289-4550 71,-. ' Is r'thce OCT 17 202 September 7,2022 I______ DA iJ i,l JONES CITY CLERK,SOUTH BEND, IN Mr. Tim Corcoran, Director Department of Community Investment Planning&Community Resources 1400 County-City Building South Bend, IN 46601 RE: NORTHEAST NEIGHBORHOOD PLAN ADOPTION Dear Tim: On behalf of the NNRO board of directors,thank you for your efforts to engage Northeast Neighborhood stakeholders over the last year as part of the neighborhood planning process. We appreciate all of the virtual and in-person opportunities everyone has enjoyed to offer their input and feedback related to the plan. We're especially thankful for your direct engagement with the NNRO board of directors at numerous meetings. We believe all of the information you've gathered from neighbors, businesses and other stakeholders has resulted in a terrific neighborhood plan. On August 10th 2022,the NNRO board of directors unanimously approved endorsing the adoption of the Northeast Neighborhood Plan as presented. We look forward to formal adoption by the City Council and Redevelopment Commission soon. We are eager to begin implementing the plan in partnership with the City as we strive to realize all of the goals and objectives contained in the NNRO 2.0 Engaging Community Strategic Plan. If you have questions or require additional information, please contact Marco Mariani at 574-289-1066 ext. 1216). Thank you. Sincerely, Tim Sexton President �-·-·." r•fficeI �---, OCT ·1 7 2022 ,._____ ________ J C)\· ' · H. J )1'/:S CITY CLEhK, SCu r.1 eEND, IN CITY OF SOUTH BEND COMMUNITY INVESTMENT October 17, 2022 Ms. Sharon McBride President, South Bend Common Council 4th Floor County City Building South Bend, IN 46601 / Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE RUM VILLAGE NEIGHBORHOOD PLAN Dear President McBride: Scheduled on the Common Council's agenda for October 24th is a resolution, approving and adopting the Rum Village Neighborhood Plan. The Rum Village Neighborhood plan focus area is bounded by the railroad tracks north of Indiana Avenue on the north, Main Street on the east, Ewing Avenue on the south, and Olive Street on the west. This plan also covers the area stretching south to Chippewa Avenue and west to the Saint Joseph Valley Parkway. The City of South Bend developed this plan through a process that engaged residents, -.. businesses, institutions, government agencies, and other neighborhood stakeholders. , The Rum Village Neighborhood Plan was approved and adopted by the South Bend Plan Commission on September 19, 2022. A representative from the Department of Community Investment will present at the Committee and full Council meetings. Thanks for your consideration of this bill. Sincerely, Angela Rose Senior Planner BILL NO. 22-46 BILL NO . 22-46 RESOLUTION NO. 4980-22 Filed in Clerk's Office 1 -, :zz I DAWN M. JONES CITY CLERK, ~OUTH BEND, IN A RESOLUTION OF THE COMMON COUNCILOF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE RUM VILLAGE NEIGHBORHOOD PLAN WHEREAS, the City of South Bend, Indiana , recognizes the need to improve and revitalize the Rum Village neighborhood through strategic planning ; and WHEREAS , in 2006 , City Plan , the Comprehensive Plan for South Bend, was adopted by the Area Plan Commission of South Bend-St. Joseph County and the Common Council of the City of South Bend pursuant to the provisions of Indiana Code 36-7-4-500 et. s eq . as a statement of policy for the land use development of the jurisdiction; and WHEREAS , Policy LU 1.1 of City Plan is to "pursue the development of area-specific plans with broad community involvement" to provide strategic direction in the future growth and development of that area, and to achieve the City Plan Goal "to encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community"; and WHEREAS, the City of South Bend, has undertaken the responsibility to prepare a plan for the Rum Village Neighborhood ; and WHEREAS, the Rum Village Neighborhood Plan is a strategic revitalization plan that was created with input from a variety of stakeholders , including residents and property owners , and area stakeholders and other organizations ; and WHEREAS, the Rum Village Neighborhood Plan contains revitalization strategies , detailed land use and zoning plans for the development of the area , and a strategic implementation matrix , all with public and private sector investment opportunities ; and WHEREAS, the South Bend Plan Commission has approved the Rum Village Neighborhood Plan by resolution , has certified it to Common Council of the City of South Bend, and has provided it with a favorable recommendation ; and WHEREAS , the Common Council of the City of South Bend, Indiana has the authority to amend a comprehensive plan if it finds the content to be appropriate and in the best interests of the community; and WHEREAS, the Rum Village Neighborhood Plan, which is attached hereto and incorporated herein , contains all the elements necessary to strategically guide development in its specific area and is appropriate and in the best interest of South Bend and its citizens . N OW, THEREFORE, BE IT RES OLVED BY THE CO MM ON CO UNCIL O F THE CITY O F SOUTH BEND , INDIANA AS FO LLO WS: SECTION I: The Rum Village Neighborhood Plan, a true and complete copy of which is attached hereto and incorporated herein, shall be and hereby is approved. SECTION II: The adoption of the Rum Village Neighborhood Plan amends City Plan, the Comprehensive Plan for South Bend, by providing further direction for the area of land within the boundaries of the Rum Village Neighborhood Plan. SECTION III: That this Resolution shall be in full force and effect from and after its adoption by the Common Council. Sharon L. McBride, Council President South Bend Common Council Filed in Clerk s Office r;-;~ll J DAWNM . JONES CITY CLERK, ~TH BEND IN --' OCT 17 202? ' RESOLUTION NO. aa-m L___.._:_...._.__....'; i iL CITY CL.,1-:;-m. BEND,IN A RESOLUTION OF THE PLAN COMMISSION OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE RUM VILLAGE NEIGHBORHOOD PLAN WHEREAS,the City of South Bend, Indiana, recognizes the need to improve and revitalize the Rum Village neighborhood through strategic planning; and WHEREAS, the South Bend Plan Commission is empowered to prepare, approve, and certify a Comprehensive Plan for its area of jurisdiction by the provisions of Indiana Code, Section 36-7-4-500 et. seq. entitled"500 Series—Comprehensive Plan"; and WHEREAS, in 2006, City Plan, the Comprehensive Plan for South Bend, was adopted by the Area Plan Commission of South Bend-St. Joseph County and the Common Council of the City of South Bend pursuant to the provisions of Indiana Code 36-7-4-500 et. seq. as a statement of policy for the land use development of the jurisdiction; and WHEREAS, Policy LU 1.1 of City Plan is to pursue the development of area-specific plans;and WHEREAS,the Rum Village Neighborhood Plan is a strategic revitalization plan that was created with input from a variety of stakeholders, including residents and property owners, and area businesses and other organizations; and WHEREAS,the Rum Village Neighborhood Plan contains revitalization strategies,detailed land use and zoning plans for the development of the area, and a strategic implementation matrix, all with public and private sector investment opportunities; and WHEREAS, the South Bend Plan Commission and the legislative body in preparing and considering land use proposals, are tasked under Indiana Code 36-7-4-603 to pay reasonable regard to: (1) the comprehensive plan; (2)current conditions and the character of current structures and uses in each district; (3) the most desirable use for which the land in each district is adapted; (4) the tonsdrvatidnCof property values throughout the jurisdiction; and(5)responsible development and growth; and WHEREAS, the South Bend Plan Commission has reviewed the land use development and potential future development of the Rum Village Neighborhood as defined by the Rum Village Neighborhood Plan. NOW,THEREFORE,BE IT RESOLVED by the South Bend Plan Commission as follows: I. That the Rum Village Neighborhood Plan,which is attached to and made a part of this Resolution, is approved as the land use policy for the future land use development of the area considered and is submitted to the South Bend Common Council for their consideration and action. 2. That the Rum Village Neighborhood Plan conforms to the plan of development for the City. 3. That the Rum Village Neighborhood Plan is in all respects approved, certified,ratified and confirmed. 4. That the Secretary of the Plan Commission is hereby directed to file a copy of the Plan with the minutes of this public meeting. 5. That this Resolution shall be in full force and effect from and after its adoption by the South Bend Plan Commission. geeklIot Passed by the South Bend Plan Commission this 19 day of 1)91, 5.12. Cal) ord, President South Bend Plan Commission ATTEST: L ' •gil Angela A. smith OCT ,I 7 2022 Secretary South Bend Plan Commission C: ; ai.„O ` CITY Cl_ ,,;\, SOUTH BEND, IN September 16, 2022 Rum Village Neighborhood Association PO Box 2604 South Bend, Indiana 46680 City of South Bend Common Council 400 County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Letter of Support for the Rum Village Neighborhood Plan Dear Members of the South Bend Common Council : Filed in C'e ()<'ice I -,, l OCT 10 i :J DA CITY CLEP , • 1 - I am writing to express the Rum Village Neighborhood Association's support of the Rum Village Neighborhood Plan as presented to you tonight. The association feels that the plan reflects priorities important to the neighborhood and its residents, accomplished through a series of conversations with residents, businesses, faith-based organizations, agencies, and others for more than a year through the challenges of a pandemic. We will look forward to seeing the plan projects and other improvements carried out in a responsive, responsible way so residents can see rapid benefits and gain trust in the eventual completion of longer- term projects that will bring future gains to Rum Village . Sincerely, rdud [). ~ Patrick Shelton Rum Village Neighborhood Association President �oPLAN Co q,<,; 'ff. � City of South Bend PLAN COMMISSION County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning S? * l's,�Bl,SHEO 10 Tuesday, August 16, 2022 South Bend Common Council 227 W. Jefferson Blvd., 4th Floor South Bend, IN 46601 Filed in Clerk's Office [ A�G-1} 7077 ] DAWf\J M. JO,\JES CITY CL�R�.:_�QUTH BEND, IN Re: Bill#30-22 - A proposed ordinance of FOX REAL EST ATE LLP to zone from S 1 Suburban Neighborhood 1 to C Commercial, property located at 4427 BROOKTON DR and 1335 IRELAND RD, City of South Bend -PC# 0105-22 Dear Council Members: I hereby Certify that the above referenced ordinance of FOX REAL EST A TE LLP was legally advertised on July 8, 2022 and that the South Bend Plan Commission at its public hearing on August 15, 2022 took the following action: Upon a motion by Kyle Copelin, being seconded by Jason Piontek and unanimously carried, a proposed ordinance of FOX REAL ESTATE LLP to zone from Sl Suburban Neighborhood 1 to C Commercial, property located at 4427 BROOKTON DR and 1335 IRELAND RD, City of South Bend, is sent to the Common Council with an UNFAVORABLE recommendation. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. 11-� s s.; ·n rely, Ange a M. Smith Zoning Administrator Attachment CC: FOX REAL EST ATE LLP Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 30-22 aNo, 3o-ar i1ethrrCle"riz ffice AUGL2 ?7 DAWN M.JONES CITY CLERK,SOUTH BEND, IN Petition to Rezone Property Located at I 1335 Ireland Road & 4427 Brookton Drive I Before the City of South Bend Plan Commission I August 15, 2022 KPIEGI :EVAULT® NABONMARCHE 4101 Edison Lakes Parkway, Suite 100 Mishawaka, IN 46545 D , 22 QCT 0; Filed in Clerk's Office AUG 2 ?On? DAWN M.JONES Ireland Road & Brookton Drive CITY CLERK, SOUTH BEND, IN Key Facts Will not continue to be Residential Property—See Tab B Supported by City's Gateway Commercial Corridor Plan—South Destination Commercial Section extends to BROOKTON DRIVE Supported by City's South Side Development Area Plan o Facilitates creation of development sites o Promotes projects that best MAXIMIZE ASSESSED VALUATION I Last undeveloped commercial property— See Tab C Ireland Road traffic— 16,630 vehicles per day o Subject property expects 15-20 per day, less than .1% increase No weekend hours; daily hours are: 7am to 6pm Approximately 10 new employee jobs - $70,000-$100,000 each I. I I I I Filed in Clerk's Office I AUG Z 2 ?02.? 5717 GRAPE ROAD DAWN M.JONES MISHAWAKA,INDIANA 46545 CITY CLERK,SOUTH BEND, IN TEL 574 277-7557 I jk-....6../S„. ......,, FAX 574 277-0437 jrfox.cam 1105 E. IRELAND ROAD I W_JEELERS BROADMOOR SHOPPINGG CENTER SOUTH BEND, INDIANA 46614 TEL 574 291-5700 FAX 574 291-7079 I DATE:August 15,2022 ITO: Angela Smith-Zoning Administrator South Bend City Plan Commission IFROM: David Szlanfucht Fox Real Estate,LLP The Szlanfucht Familyhas lived in this area for over 100 years.J.R.Fox Jewelers was started by the family and has been a popular and recognizable business in South Bend and Mishawaka for over 62 Iyears.The business today is owned and operated by the Szlanfucht Family. We have owned this lot for approximately 30 years.We have tried to sell the lot along with the II rental property for 15 years.We literally have had little or no interest in any residential development. We feel that this is a natural break from the residential neighborhood,a neighborhood where we have our business located down the street.We have always been a good neighbor supporting the south side Iof South Bend and will continue to do so. The property for rezoning has two lots.One is vacant,the other is a rental property.We strongly feel,especially by the lack of interest for residential development,that both lots must be sold together. I We are not interested in owning a long term rental property.When the time comes for the rental property to need any major repairs,taking into consideration taxes on a rental property,we will most Ilikely demolish the house. We took a very serious look at the buyer and buyer's proposal before we agreed to proceed with this.We believe this will be a very good asset for the neighbors and the area in general. IYour consideration and support will be greatly appreciated. I Sincerely, I 7e e y ' v/I''L; I David Szlanfucht,Owner J.R.Fox Jewelers I Ii' I I 1; I s s 6i/ A s s s - firs 11=111 s M M M s s MI= SEW Min c 12 a . a N j, f Gty_of_Sauth_Bend_Zonin¢Pubeca. yvalkNA 2. f Ap. 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DAWN M.JONES CITY CLERK,SOUTH BEND, IN 1 1-1:-.4 VNVIONI'OMB H1fOS emrOVONONV13BI1SV3SECINV1dIflOAV13IIS1Vn1d37NO3 314 1 WNOabIIlw3nuowolnV l j ,r o riled rd's-Clio ' IAuG 'L 2 7077 i DAWN M.JONES CITY CLERK,SOUTH BEND,IN 6 1 ii 0 IN%. ., ,, . ‘): 071,,t, i.,- 7,, i 4::.; ''',- R 4141 ,. _ . ',."-- 0 VI v ifV,,.. .., fi 1 o II 1 llliiivvv .;At, I QO ul cs. us A r i 1111 I I i lI i i 1„.. A.;.-! ro.....te: eI 1,. 3 L 1 1 II r iI ., ....._v„, ,,,,..:,-.--;:\,- - -. ___----- i . c• 0 it ii i! 1. ' Il' it ( ; ill IT ? 5:. L_ ' ., o 1- I p c 1 a I I Q I II I Y ` 4 t L, - - U 1 i I iI mom low um lime UMW 1•1111 INS Ma MIMI OEM MIN ev-,- _ . • ----,-- , •,•;. ..-!--••••, s-,7.,..:7-.,•7'..,-- t-.., . .-,••:;,-• , .:,--.. k, . .....,:- , A, 1; • , 0. .,-,---i -,-• . 7,...- ,,.,, •-2- r 7...._14", -.,::,,.: 1,,,. • . -, - - 7- -.4-•- .-. '-'7,'•.: 1:.' - :-' - tiii,„---..- .-- r.' 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P(i, ,31,1* ii--Irti---",...,=;;Icit i. ,,Nr.ti., :. .: i'=.4‘U. 17-",. .,._:•_ _.,, 0 •• A:!•;4 ;KZ A,.REPAIR .•:1-•*q:A ct. .._.,-A..,;',.,.,.. ...,.. .4.• 41?- 44tY.,fili 51•,,,„ , f, 97, 1M4..- 4.,=,-- ."--."--.1 IOU=0.1.01 - 0-,‘ MIR 1 •V Mill r...... Lt 04. 4*61A '..' ' A.;1. i. v. i.:.. 0.,.. OTPig. t.• , - .,•_,-,-.,_ .... .. ...-.- y., im a ii_ma , V '-- ,------ 'a—timilliii=— D_ IIIT—ifeimi t...., e;iff, '.rdeV4i ik, if 7. : 1.. 41,-' 0 P.' _ 1•11-.- 411 I'''' frv .. c 1 le.tile.a. 40:41? L.....-A.:11.4 R-4,..s. r__14_4;1444!N. . al mini INN 47.,.-• MO I OK.-i I11M11110111111111117 .for i ilirralfZa.7.s. --.'.\:Lcf.;:ril' CD ii- • ',1_,K 1• II nowiF.. 4; _,- le li •0, 9 -.4.-,w i-f-'• DICIT' I- Z ' t(J) CD IN)• I —%t, •„:- c._ -,) i -I- i:- '. cd 1 a)m• ",),, I,m I Z 0 6 CD Z4011‘ 44„airr TMT AUTOMOTIVE GRANGER v,2DABONMARCHE 2 Filed in Clerk's Office AUG 2 ?OZ? DAWN M.JONES From: Rachel Bovle$ CITY CLERK. SOUTH BEND, IN To: Kate Bolze Subject: FW:Rezoning hearing for 4427 Brookton Dr&1335 Ireland Rd,South Bend,IN 46614 Date: Monday,August 15,2022 10:54:06 AM From: Kimberly Swaim <kimberly.swaim@att.net> Sent: Friday,August 12, 2022 5:09 PM To: Rachel Boyles<rboyles@southbendin.gov> Subject: Rezoning hearing for 4427 Brookton Dr& 1335 Ireland Rd, South Bend, IN 46614 The rezoning of 4427 Brookton Dr.South Bend,TN 46614& 1335 Ireland Rd.,South Bend,IN 46614 from SI Suburban Neighborhood 1 to C Commerical is not what our neighborhood needs or wants. This rezoning will cause more traffic through our neighborhood. There will be numerous deliveries on a regular basis to the Automobile Repair Shop,and with the ongoing catalytic converter thefts that go on,this will bring more crime to a residential neighborhood. Our neighborhood has many residents that walk,walk their dogs,and walk with strollers and their children. The Auto Repair Shop with bring in more traffic with vehicles coming in to be repaired,drop off and pickup of vehicles, and all the deliveries that will be needed. Some on a daily basis for parts needed to do the repairs could possibly cause a higher risk for accidents. There are many locations that are better suited for an Auto Repair Shop. Having to live next to the shop,or across the street to the shop will cause neighbors to lose their own parking. These two lots will not allow for much space for a shop,parking for the shop,and extra parking for people coming to pick up people dropping off and picking up their vehicles. Many little Auto Repair Shops have such an overflow of vehicles that they can't get to,those vehicles are just parked wherever they can find space on their lots. This would cause people to park in front of residential houses to wait to pick up people or drop them off to pick up vehicles. The noise and traffic will cause a disruption to local residents. We buy our houses in neighborhoods we want to live in. If this rezoning is approved,the residents by this Auto Repair Shop will have to deal with the noise and increased traffic that this shop will bring to the neighborhood. There is enough traffic on Ireland Rd.without bringing it into the residential neighborhood. A residential neighborhood is no place for a commercial business. Kimberly Swaim 1242 Catherwood Dr. South Bend,IN 46614 riled in Clerk's Office 5717 GRAPE ROAD Ui U Z 2 ?n?, MISHAWAKA, INDIANA 46545 TEL 574 277- 7557j.kfoo,04,, FAX 574 277-0437 DAWN M.JONES jrfox.com CITY CI FAK, SOUTH BEND,IN 1105 E. IRELAND ROAD BROADMOOR SHOPPING CENTER JEWELERS SOUTH BEND, INDIANA 46614 TEL 574 291-5700 FAX 574 291-7079 DATE:August 15,2022 TO: Angela Smith-Zoning Administrator South Bend City Plan Commission FROM: David Szlanfucht Fox Real Estate, LLP The Szlanfucht Family has lived in this area for over 100 years.J.R. Fox Jewelers was started by the family and has been a popular and recognizable business in South Bend and Mishawaka for over 62 years.The business today is owned and operated by the Szlanfucht Family. We have owned this lot for approximately 30 years.We have tried to sell the lot along with the rental property for 15 years.We literally have had little or no interest in any residential development. We feel that this is a natural break from the residential neighborhood,a neighborhood where we have our business located down the street.We have always been a good neighbor supporting the south side of South Bend and will continue to do so. The property for rezoning has two lots.One is vacant,the other is a rental property.We strongly feel,especially by the lack of interest for residential development,that both lots must be sold together. We are not interested in owning a long term rental property.When the time comes for the rental property to need any major repairs,taking into consideration taxes on a rental property,we will most likely demolish the house. We took a very serious look at the buyer and buyer's proposal before we agreed to proceed with this.We believe this will be a very good asset for the neighbors and the area in general. Your consideration and support will be greatly appreciated. Sincerely, 1 : 2- 1. ':,/^-,rv-CA. 7. David Szlanfucht,Owner J.R. Fox Jewelers Filed in Clerk's Office AUG 702.7 From: Angela M.Smith To: Rachel Boyles;Kate Bolzt DAWN M. JUNES Subject: FW:Letter of Support-Ireland and Brookton Drive,South Bend CITY CLERK, SOUTH BEND, IN Date: Monday,August 15,2022 10:55:46 AM Attachments: Scan0315.adf Attached is a letter for the petition today. Rachel can help explain what we do with these. From:John Libertowski <johnlibertowski@bhhsni.com> Sent: Monday,August 15, 2022 10:07 AM To:Angela M. Smith <amsmith@southbendin.gov> Subject: Letter of Support- Ireland and Brookton Drive, South Bend Angela: Please find attached a letter of support for Michael Tatich's development at 1335 E. Ireland Rd and 4427 Brookton Drive in South Bend, IN from my client and current property owner Fox Real Estate. Thank You for your consideration. John Libertowski Commercial Broker/Advisor Berkshire Hathaway 1650 South Bend Ave.,Suite 100 South Bend, IN 46617 Cell) 574-315-5631 IMPORTANT NOTICE:Never trust wiring instructions sent via email.Cyber criminals are hacking email accounts and sending emails with fake wiring instructions.These emails are convincing and sophisticated.Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number.Never wire money without double-checking that the wiring instructions are correct. City of South Bend PLAN COMMISSION Tuesday, October 18, 2022 South Bend Common Council 227 W. Jefferson Blvd., 4th Floor South Bend, IN 46601 County-City Building 227 W. Jeffe·son Blvd. 1400S South Bend, IN 4E601 (574)235-7627 l(VWW,�outhbend in. 90•1 /Zan ing r . . -·--... ,_. __ � • •• • • � • � .. ,'.• ·"'I .. ') Re: Bill#36-22 - A proposed ordinance of RIVER CITY REAL ESTATE LLC to zone from NC Neighborhood Center to U3 Urban Neighborhood 3, property located at 300 ST LOUIS BL VD, City of South Bend -PC# 0112-22 Dear Council Members: I hereby Certify that the above referenced ordinance of RIVER CITY REAL EST A TE LLC was :egally advertised on September 9, 2022 and that the South Bend Plan Commission at its public hearing on October 17, 2022 took the following action: Upon a motion by Jason Piontek, being seconded by John Martinez and unanimously carried, a proposed ordinance of RIVER CITY REAL EST ATE LLC to zone from NC Neighborhood Center to U3 Urban Neighborhood 3, property located at 300 ST LOUIS BL VD, City of South Bend, i�. sent to the Common Council with a FAVORABLE recommendation. The staff report is attached. The deliberations of the Plan Commission and points considered in atriving · at the above decision are shown in the minutes of the public hearing. Minutes of the public hearirag are available in our office and will be posted on our website once approved. This is a SUBSTITUTE BILL. The Ordinance has been amended to update the legal to more acci.:.rately reflect the property in question. Sincerely, �'11� Angela M. Smith Zoning Administrator Attachment CC: RIVER CITY REAL EST A TE LLC Abonmarch RIVER WALK LLC Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission· Presider.t SUBSTITUTE BILL NO. 36-22 Fig r'^ 't's Office SUBSTITUTE BILL NO. 36-22 OCT 18 2022 ORDINANCE NO. 10874-22 DAWN M.JONES CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 300 ST LOUIS BLVD. COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request to rezone the properties from NC Neighborhood Center to U3 Urban Neighborhood 3 to unify the zoning of a split zoned lot NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: A PART OF LOTS 274, 275, 268, 269, AND THE ADJACENT VACATED NORTH- SOUTH ALLEY IN SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL,BEING IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN RIVER WALK SUBDIVISION AS RECORDED AS INSTRUMENT NUMBER 1712454 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, IN DIANA; THENCE SOUTH 85°25'35" WEST ALONG THE NORTHERLY LINE OF SAID LOT 1, 177.50 FEET; THENCE SOUTH 79"23'42" WEST ALONG SAID NORTHERLY LINE, 135.61 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ST. LOUIS AVENUE, ALSO BEING A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 205.00 FEET, SUBTENDED BY A CHORD LENGTH OF 9.59 FEET, BEARING NORTH 30"24'52" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY, 9.59 FEET; THENCE NORTH 77"55'02" EAST, 66.33 FEET; THENCE NORTH 60"14'35" EAST, 29.01 FEET; THENCE NORTH 85"38'42" EAST, 179.74 FEET; THENCE NORTH 89"18'31" EAST, 45.77 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ST. PETER'S STREET; THENCE SOUTH 00°16'43" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 11.65 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.10 ACRES, MORE OR LESS, AND SUBJECT TO ALL COVENANTS, RIGHT-OF-WAY, AND EASEMENTS OF RECORD. be and the same is hereby established as U3 Urban Neighborhood 3 District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 12.07(f)(7) Commitments, if applicable. 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana OCT 18 2022 1 DAVt1N.M.JONES CITY CLERK,SOUTH BEND,IN I 2 - Staff Report °PC#0i 12"22 t t ;• 'r t,4 p$,%• `` October1,7, 2022 ) Property Information Location: 300 ST LOUIS BLVD Owner: RIVER CITY REAL ESTATE LLC Requested Action Rezone from NC Neighborhood Center to U3 Urban Neighborhood 3 Variance(s): 1) From the 5' minimum side setback for parking to 0' Project Summary Rezone approximately 0.10 acres of land to match the existing adjacent zoning to the south to allow for the construction of a townhome project as a part of the overall River Walk development. Location Map I r S r e V s 1 " r I E rrir c \N LL l', J., I' S. i I kms+ f U F. i..< s.tt 4;._-.2 '.A -_ its 1 1 ! Recommendation Staff Recommendation: Based on the information available prior to the public hearing, the staff recommends the Commission approve the variance as presented. The staff recommends tie Commission forward the rezoning to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 5 y 40 Z abed NOISSIININOO NVld dN39 H1f)OS i4",,)Z,-; i I., gyP y 0, . _ .:; 1 t71';;;*;/,' ,1,,F:\,1 1 ‘-j-,r ri 1/ t v,,,,,,,,,,,,..11.-=.,,-_-, k; lu ' 'gIiIl°IJ11I? ilrir:i;,;4';';'' J "% 4,,,,,,,,,,,,,,,,, i „ 0 g ks1l a° • . 3dwo•,,m.t•MI E1I - Iy • oamoryim ,, s6 S 3-i' s INaaI ggS I sh` 1- 1. I_s In O ED' rl a; 3'p>' x. Tt7- L !__-- - -- .{ ',. r tom. r2i Y Z I-iT- — Fir I—II II i w yd€ RAp34n R 9 R -ztl H 2 D a 3. i2A4; VRs 8 8$ -Z t9e3.1! ° fanoRDaBoRoo , i i c° 'a°'z2 8 - . a R>g:.aa'gii1 3 L - S,x;i4g_ i R g kgv s ! miliviviimilg 3x A s ,'R6S 3 §4AlgE . $ n; fl H g Is?1!1 g/aFhleg E• Q a fig i 1 i t g 6 ii g s S l £$>`$g43 RRi.7 a v B yYR 3 fP5 ! q, aQ a 4I D y Es I @ 1S > !Mid t gt§ Cs. SOffigii%;. pa_ i i p S l z F`.`g1- p3 04. gg g.i 1 a Sys ngip -.,:c,:-. . .5I• • . p-•^ R'F G 3j filFRages$fft$t B g I@ —k!' E g g P -gD g$-gd e! to i Ole y a~ Cs e v_$ 3 3. 1'R'4§ p a PP 56V , Oi A2 '-'3R' I Y 2- F <' R o I-4 :" t@' 1=4 • 4 f `` ' 1 f 1 I~ ry SUPPOR DAIASNEE ONABONMARCHE a61' 5P A - THE POINTE AT RIVER WALK MINOR SUBDIVISION N llids 1iii,.... • I SEC.12-T37N-R2E f Ueld en pasodoid ZZOZ/L l/04 ZZ-Z I.I.0#Od-iodej JIM Staff Report-PC#0112-22 10/17/2022 Site & Context Land Uses and Zoning: On site: On site is a vacant lot. North: Medical Office zoned NC Neighborhood Center. East: Across S St. Peter St., are single unit dwellings zoned U1 Urban Neighborhood 1. South: Across Northside Blvd., is Howard Park zoned OS Open Space. West: Across S St. Louis Blvd., is Howard Park zoned OS Open Space. District Intent: The U3 District is established to provide for, promote, and maintain the development of a full range of housing types located near neighborhood centers and along major streets in urban neighborhood centers and along major streets in urban neighborhoods in core and outlying areas of the City. Site Plan Description: The proposed rezoning is for a small portion of property on the south side of the existing office complex. The portion of property the extends from the retaining wall to the south will be transferred to the adjacent property owner for a larger development. The property it will be combined with is currently zoned U3 Urban Neighborhood 3. Zoning and Land Use History and Trends: The surrounding properties have seen a marked changed in the past 15 years from single family homes and light industrial uses to primarily dense single family and townhomes with the construction of housing on the old TRANSPO Depot site just across the street from this parcel. Traffic and Transportation Considerations: St. Peter Street is a two lane street with on-street parking. St. Louis Boulevard is a two lane street with no on-street parking on this section. Northside Boulevard is a two lane street with limited on-street parking. Agency Comments Agency Comments: There are no agency comments at this time. Staff Comments: A minor subdivision is required to avoid a split zoned lot. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential. SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0112-22 10/17/2022 Plan Implementation/Other Plans: The petition is consistent with The Howard Park Neighborhood Plan (2012), which encourages an increase of residential opportunities in the neighborhood, specifically "Preferred Direction#4 Promote the continuation of historic density, street patterns and open space." 2. Current Conditions and Character: The neighborhood is currently evolving to a medium density residential area with a mix of dense single family homes, duplexes, and townhouses. 3. Most Desirable Use: The most desirable use, at this time, is medium density residential, that will fit the established character of the neighborhood. 4. Conservation of Property Values: Allowing this property to add units should help continue the residential growth in a reasonable manner while providing diverse housing options in a desirable neighborhood. 5. Responsible Development and Growth: It is responsible development and growth to allow property owners to divide lots in a manner that follows the natural terrain of the site. tVariance(s) The petitioner is seeking the following variance(s): 1) From the 5' minimum side setback for parking to 0' State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community. The approval should not be injurious to the public health, safety, morals or general welfare of the community. The variance is due to the creation of the new subdivision. The parking already exists and is remaining unchanged. 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 use and value of the adjacent are should not be affected in a substantially adverse manner. There is a substantial grade change between the existing parking and the adjacent lot. The property most impacted by the variance is the southern property owner whom is acquiring this portion of the lot and fully aware of the condition. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Strict application of the zoning ordinance would either require the loss of parking spaces for the current office use on the site or prevent the transfer of property for orderly development to the south. 4)The variance granted is the minimum necessary. The variances requested are the minimum necessary to allow for the subdivision to be approved. 5)The variance granted does not correct a hardship caused by a former or current owner of the property. While the practical difficulty is being created by the desire to incoprporate this portion of the lot with the adjacent lot, it is a reasonable request to allow appropriate development on the southern lot. SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0112-22 10/17/2022 Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to U3 Urban Neighborhood 3 will allow for continued residential growth in the neighborhood while not drastically changing the established character. Recommendation: Based on the information available prior to the public hearing, the staff recommends the Commission approve the variance as presented. The staff recommends the Commission forward the rezoning to the Common Council with a favorable recommendation. rYlvwi i OCT 18 2022 I_____ CA.N;W.JONES I CITY CLERK,SOUTH BEND, IN SOUTH BEND PLAN COMMISSION Page 5 of 5 City of South Bend PLAN COMMISSION Tuesday, September 20, 2022 South Bend Common Council 227 W. Jefferson Blvd., 4 th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 .------w-:s�ttthbeoo+ Filed in Clerk's Office SEP 2 0 2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: SUBSTITUTE Bill#l34-21 - A proposed ordinance ofHIMMAT SINGH LLC to zone from Ul Urban Neighborhood 1 to NC Neighborhood Center and seeking a Special Exception Use to allow Gas Station, property located at 2701 LINCOLNW A Y WEST, City of South Bend -PC# 0078-21 Dear Council Members: I hereby Certify that the above referenced ordinance of HIMMAT SINGH LLC was legally advertised on September 9, 2022 and that the South Bend Plan Commission at its public hearing on September 19, 2022 took the following action: Upon a motion by Dr. Dave Varner, being seconded by Kyle Copelin and unanimously carried, a proposed ordinance of HIMMAT SINGH LLC to zone from Ul Urban Neighborhood 1 to NC Neighborhood Center, property located at 2701 LINCOLNW AY WEST, City of South Bend, is sent to the Common Council with an UNFAVORABLE recommendation. Upon a motion by Dr. Dave Varner, being seconded by Kyle Copelin and unanimously carried, a Special Exception for Gas Station property located at 2701 LINCOLNW A Y WEST, City of South Bend, is sent to the Common Council with an UNFAVORABLE recommendation. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. Also attached is the exhibit presented by the petitioner and the public comments received prior to the public hearing. This is a SUBSTITUTE BILL. The Ordinance has been amended to change the requested zoning from C Commercial to NC Neighborhood Center with a Special Exception for a Gas Station. Sincerely, I) ·M-��.Smith Zoning Administrator Attachment CC: HIMMAT SINGH LLC George Lepeniotis Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President SUBSTITUTE BILL NO. 134-21 PLAN Co City of South Bend J0 7k z PLAN COMMISSION F ABLISHE02'O' 11.16.21 Honorable Committee Chair Hamann 4th Floor, County -City Building South Bend, IN 46601 RE: 2701 Lincoln Way West PC#0078-21 Dear Committee Chair Hamann: County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 574) 235-7627 www.southbendin.gov/zoning Nov 6 C/7-y 15—A1 v Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Also included is the application submitted by the petitioner. Please include the attached Ordinance on the Council agenda for first reading at your November 22nd, 2021 Council meeting, and set it for public hearing at your January 13th, 2021 Council meeting. The petition is tentatively scheduled for public hearing at the December 20th, 2021 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Construction of a gas station, deli, and convenience store. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Daniel Brewer Planning Director Zoning Administrator Commission President COMMISSION Property Information 71-08-03-176-012.000-026; 71-08-03-176-013.000-026; 71-08-03-176-011.000-026; 71-08-03-176-010.000-026; Tax Key Number: 71-08-03-176-009.000-026 Address: 2701 LINCOLNWAY WEST, SOUTH BEND, IN 46628 Owner: Himmat Singh LLC, an Indiana limited liability company Legal Description: Lots Numbered One (1) through Four (4) as shown on the recorded Plat of Lincoln Terrace Addition to the City of South Bend, recorded in Plat Book 11, page 122 and corrected by Plat Book 13, page 82, together with the Southern 1/2 of the vacated alley lying North of and adjacent to said Lot Numbered Four (4), recorded in Miscellaneous Record 31, page 362, all in the Office of the Recorder of Saint Joseph County, Indiana. Project Summary To build a gas station, deli, & convenience store at the corner of Lincolnway W. and Kaley St.; a project that was previously allowed by right and permitted but delayed due to the Covid-19 pandemic. Subsequently, the city changed the site's zone from C to OF per the Westside Main St. Comp. Plan. Requested Action Application includes (check all that apply) R Rezoning Current District: U1 Urban Neighborhood 1 C Commercial Proposed District OF Urban Flex C Commercial The Plan Commission and Council will consider the following in the review of a rezoning petition. 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district, 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents H Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact• • Property owner(s) of the petition site: Name: Himmat Singh LLC, an Indiana limited liability company Address: 1119 N. Bendix Dr., South Bend, IN 46628 Attn: Sukhwinder Singh, Member Name: Address: Name: Address: Contact Person: Name: George C. Lepeniotis Address: 4101 Edison Lakes Parkway, Suite 100, Mishawaka, IN 46545 Phone Number: 574-277-1200 E-mail: glepeniotis@kdlegal.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: I 4A, ., , &, c; ii:: I f a ., w ..CC"- g fu js+4 @ ` gin pAl, pip "pie pp€ Icy3QpR. g L, F2 s%2 ii m NOV 6 CLbHK, SOU ( rt `iE D, IN A N WK E*.fET Y J ECUPSE PLACE 60' R!W Ra m w /UI OMY ik— S 133tl1S A3'MN . 8g Tp i-4 w 0ILI 0 2 4 R o u z fly) HO Q LT A d.09 30VId 3SdII03Ar so 11 ago ROD111:11=1 loo unalmou Oz L-) 1 .1 , — ZZ mc o Rig CL MH z 0 Ri RI wilij -,2q fl 11,11H 154 No BILL NO. 134-21 NOV ', 6 2i ORDINANCE NO. ,- l IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Construction of a gas station, deli, and convenience store. Petitioners desire to rezone the property from U1 URBAN NEIGHBORHOOD 1 DISTRICT TO C COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: Lots Numbered One (1) through Four (4) as shown on the recorded Plat of Lincoln Terrace Addition to the City of South Bend, recorded in Plat Book 11, page 122 and corrected by Plat Book 13, page 82, together with the Southern % of the vacated alley lying North of and adjacent to said Lot Numbered Four (4), recorded in Miscellaneous Record 31, page 362, all in the Office of the Recorder of Saint Joseph County, Indiana. be and the same is herby established as C COMMERCIAL DISTRICT SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Karen White, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2021, at o'clock . M. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2021, at o'clock James Mueller, Mayor City of South Bend, Indiana 2- Sharon L. McBride President Sheila Niezgodski Vice President Cumcth Lee Chairperson, Committee of the vVholc Canneth Lee First District Henry Davis, .Jr. Second Dislrict Sh,u-011 L. McBride Third District TroyW;m1er Fourth District Eli Wax Filth District Sheila Niezgodski Sixth District Karen L. \,Vhite At Large Rachel Tomas Morgan At Large Lori K H,m1ann At Large City of South Bend Common Council 11.11 Counly-City Building • 227 W. Jefferson BIHi South Bell(!, Indiana 4GGO l October 18, 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Filed in Clerk's Office �a:�zJ DAWN M. JUNES CITY CLERK. SOUTi-' P.':ND, IN Re: A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CELEBRATING THE ONE HUNDRED YEARS OF GENERAL STAMPING & METALWORKS Dear Council Members: This year marks the 100th birthday of General Stamping & Metal�orks. Few businesses are able to survive as long. Even fewer manage to grow and evolve to meet changing needs. This South Bend business has managed to do both. I am therefore submitting this Special Resolution to celebrate General Stamping & Metalworks 100th birthday. Please file this special resolution and include it on the agenda for the Council meeting on October 24, 2022, under "Special Business". Thank you for your consideration. Canneth Lee, South Bend Common Council First District (.'i7 I) 2:15-9321 • Fax (.'>71.) 2:l'i-9173 • TDD (57 t.) 23.i-.'iS(i? • http://www.southbendin.gO\' BILL NO. 22-47 Filed in Clerk's Office BILL NO. 22-47 [ OCT 1 ~ 20;2 I SPECIAL RESOLUTION NO. 4981-22 DAWN M. JONES CITY CLERK, SOUTH BEND, IN A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CELEBRATING THE ONE HUNDRED YEARS OF GENERAL STAMPING & METALWORKS it all began in 1923 , when H.P . Axelberg, the son of a Norwegian immigrant, recognized opportunities with the growth of the Studebaker Organization and the University of Notre Dame; and those opportunities included serving industrial sheet metal needs by designing and building paint booths , dust collectors, and air handling systems for the Studebaker automotive plants and building ventilation systems and metal roofing for Notre Dame, eventually including replacing the gold leaf on the iconic Golden Dome ; and originally named General Sheet Metal Works and located on South Main Street, the company joined many other South Bend Industries in the early 20th century , including the Birdsell Manufacturing Company, Bendix Corporation , Honeywell , South Bend Lathe Works , the O 'Brien Paint Corp., the South Bend Toy Company , South Bend Range and the South Bend Watch Company as an important member of the South Bend business community ; and many industries suffered or failed during the Great Depression, GSMW was sustained by municipal construction projects ; and by the 1940's and the United States' entry into World War II , GSMW took on several projects for Studebaker, as assembly lines were reconfigured to produce equipment for the war effort ; and after the war, residential construction products boomed , creating new metal fabrication opportunities; and as these opportunities increased and demand for sheet metal contracting decreased , metal fabrication became GSMW 's primary focus and it became the principal supplier to Wheel Horse Products , another strong South Bend Company; and customer demand led to the building of a new , dedicated facility in Tomah, Wisconsin, to simplify a major customer 's logistics; and by 2010, the company 's rapid response in producing mounting infrastructure for the secondary energy market led to significant expansion of its stamping, welding and assembly capacities; and now known as General Stamping & Metalworks , the company employs over 250 people in South Bend and approximately 70 in Tomah and is located in a new 190 ,000 square foot factory , strategically located less than a mile from the Indiana Toll Road and U .S. Highway 31 ; and much has changed over the past 100 years , but much has stayed the same with the company continuing to be a valued member of the South Bend busines s community with an Axelberg (John) succeeding his father , Jim , as the owner and operator of the family business. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The South Bend Common Council congratulates General Stamping & Metalworks for its growth and evolution over the past one hundred years. Section II The South Bend Common Council thanks General Stamping & Metalworks for its commitment to its workers and the South Bend community. Section III. The Common Council looks forward to the next one hundred years with the company as a valued business in the community. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Approved this 24th day of October 2022 Sharon McBride, President South Bend Common Council Sheila Niezgodski, 6th District Council Member Canneth Lee, 1st District Council Member Karen L. White, At Large Council Member Henry Davis, Jr., 2nd District Council Member Lori K. Hamann, At Large Council Member Troy Warner, 4th District Council Member Rachel Tomas Morgan, At Large Council Member Eli Wax, 5th District Council Member Sharon L. McBride Preside11L Sheila N iezgodski Vice President Cu111eth Lee Chairperson, Committee of'Lhe Whole Ca1111e1h Lee First District Henry Davis, .Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Filth District Sheila Niezgodski Sixth District Karen L. \,Yhile J\t Large Rachel Tomas Morgan J\1 Large Lori K Harna1111 J\1 Large City of South Bend Common Council 1.1.1 County-City Building • 227 vV. Jefferson Blvd South Bend, Indiana 1 1-660 l October 18, 2022 Filed in Clerk ·s Office OCT 1. 8 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONGRATULATING BLAKE WESLEY, ONE OF SOUTH BEND'S NATIONAL BASKETBALL ASSOCIATION'S 2022 FIRST ROUND DRAFT SELECTIONS Dear Council Members: Recently, two members of the South Bend community, Jaden Ivey and Blake Wesley, were selected in the first round of the NBA draft. Without conducting in depth research, I daresay this is an exceedingly rare event for any city. I am therefore submitting special resolutions congratulating both young men. Please file this special resolution and include it on the agenda for the Council meeting on October 24, 2022, under "Special Business". Thank you for your consideration. Sincerely yours, Sharon McBride, President, South Bend Common Council (.'i7 I) 2:-3.'l-9:321 • Fax (57 I.) 2:-l5-�) 17:-l • TDD (.'i7 'I) 2:l5-.5.'iG7 • hllp://wmr.southbe11di11.gm· BILL NO. 22-49 BILL NO. 22-49 SPECIAL RESOLUTION NO. 4983-22 L CITYCL A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONGRATULATING BLAKE WESLEY, ONE OF SOUTH BEND'S NATIONAL BASKETBALL ASSOCIATION'S 2022 FIRST ROUND DRAFT SELECTIONS ~ Blake Carrington Wesley was born in South Bend, Indiana on March 16 , 2003 ; and ~ Blake's parents, Derrick and Leslie Wesley, grew up in the South Bend area, and are products of the South Bend Community School Corporation; and ~ sports are in Blake's blood, his father was an outstanding basketball player at Riley High School, going on to play for Ball State University and his mother played basketball , ran track and was a cheerleader for LaSalle High School; and ~ Blake is also a product of the South Bend School Corporation, having also graduated from James Whitcomb Riley High School in 2021 ; and ~ Blake's career with the Wildcats included 1,496 points, an average of27. l points a game; and ~ after an outstanding high school career where he was named to the Indiana All-Star team as a senior while leading the Wildcats to the 4A sectional title, Blake chose to stay in his hometown and play college basketball for the University of Notre Dame; and ~ in his year playing for the Irish, Blake led the team in scoring, averaging 14.4 points a game while also averaging 3.7 rebounds, 2.4 assists and 1.3 steals; and ~ Blake's career with the Irish included the game winning basket over perennial powerhouse Kentucky; and ~ Blake elected to take his talents to the National Basketball Association where, on June 23 , 2022 , Blake became the first player from the South Bend public school system to be selected in the first round of the NBA draft; and ~ the South Bend Common Council , along with all other South Bend basketball fans , wish to send Blake off to San Antonio with best wishes for a long and storied career in the NBA . Section I. The South Bend Common Council thanks Derrick and Leslie Wesley for choosing to return to South Bend to raise their family. Section II. The Common Council congratulates Blake for being one of the two first round selections from South Bend during the 2022 NBA draft. Section III. The Common Council wishes Blake all the best during his NBA career and all other future endeavors. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Approved this 24th day of October 2022 Sharon McBride, President South Bend Common Council Sheila Niezgodski, 6th District Council Member Canneth Lee, 1st District Council Member Karen L. White, At Large Council Member Henry Davis, Jr., 2nd District Council Member Lori K. Hamann, At Large Council Member Troy Warner, 4th District Council Member Rachel Tomas Morgan, At Large Council Member Eli Wax, 5th District Council Member Sharon L. McBride President Sheila Niezgodsk.i Vice President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K Hamann At Large City of South Bend Common Council 111 County-City Building• 227 W. Jefferson Bl ·d Filed in Clerk's Office South Bend, Indiana 16601 OCT 1.8 2022 '• October 18, 2022 DAWN M. JONES South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 CITY CLERK, SOUTH BEND, IN Re: A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONGRATULATING JADEN IVEY, ONE OF SOUTH BEND'S NATIONAL BASKETBALL ASSOCIATION'S 2022 FIRST ROUND DRAFT SELECTIONS Dear Council Members: Recently, two members of the South Bend community, Jaden Ivey and Blake Wesley, were selected in the first round of the NBA draft. Without conducting in depth research, I daresay this is an exceedingly rare event for any city. I am therefore submitting special resolutions congratulating both young men. Please file this special resolution and include it on the agenda for the Council meeting on October 24, 2022, under "Special Business". Thank you for your consideration. Sincerely yours, .. S,l;�h\_ ,< .M Cffi<� Sharon McBride, President, South Bend Common Council (571)235-9321• Fax (571) 235-9173 • TDD (574) 235-5567 • http://www.southbendin.gov BILL NO. 22-50 Filed in Cler k's Office ,----,1-- ~-1 ~; 1 J DA WN · .J S CITY CLER K, 0 1 L ND, hJ BILL NO. 22-50 SPECIAL RESOLUTION NO. 4984-22 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONGRATULATING JADEN IVEY, ONE OF SOUTH BEND'S NATIONAL BASKETBALL ASSOCIATION'S 2022 FIRST ROUND DRAFT SELECTIONS ~ Jaden Edward Dhananjay Ivey was born in South Bend, Indiana on February 13, 2002; and ~ Jaden inherited his athletic genes from his grandfather, James Hunter, a former NFL defensive back, his father, Javin Hunter, a former wide receiver for the University of Notre Dame and the NFL, and Niele Ivey, a former basketball star for the University of Notre Dame and the WNBA, who coached at Xavier University, the NBA Memphis Gri zzlies and is the current head coach of the Notre Dame women's basketball team ; and ~ Jaden's early basketball indoctrination began when he was just months old and attended countless practices and games ofNiele's teams and continued at the age of two when Niele gave him a plastic basketball hoop for Christmas; and ~ Jaden attended Marian High School for three years , averaged 25 points a game his junior season, scored 952 career points and committed to playing basketball for the Purdue Boilermakers; and ~ anxious to refine his game and prepare for college basketball , Jaden transferred to national powerhouse LaLumiere High School in LaPorte, Indiana for his senior year; and ~ LaLumiere was ranked as the eighth best high school basketball team in the country when COVID-19 put an end to the season and Jaden 's high school basketball career; and ~ Jaden continued his basketball career at Purdue University where, as a freshman, he started 12 games and averaged 18.4 points a game ; and ~ Jaden exploded in his sophomore season averaging 22 points, 6.2 rebounds and 3 .9 assists per game; and ~ Jaden also played for the United States at the 2021 FIBA Under-19 World Cup tournament, leading the team to the gold medal and being named to the all-tournament team; and ~ Jaden elected to take his talents to the National Basketball Association where on June 23 2022 , ' , Jaden became the first player from the South Bend to be selected in the first round of the NBA draft ; and ~ the South Bend Common Council , along with all other South Bend basketball fans , wish to send Jaden off to Detroit with best wishes for a long and storied career in the NBA. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The South Bend Common Council thanks Niele for returning to South Bend so area residents could see Jaden’s basketball talents on display. Section II. The Common Council congratulates Jaden for being one of the two first round selections from South Bend during the 2022 NBA draft. Section III. The Common Council wishes Jaden all the best during his NBA career and all other future endeavors. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Approved this 24th day of October 2022 Sharon McBride, President South Bend Common Council Sheila Niezgodski, 6th District Council Member Canneth Lee, 1st District Council Member Karen L. White, At Large Council Member Henry Davis, Jr., 2nd District Council Member Lori K. Hamann, At Large Council Member Troy Warner, 4th District Council Member Rachel Tomas Morgan, At Large Council Member Eli Wax, 5th District Council Member Sharon L. McBride President Sheila Niezgodsk.i Vice President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis.Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodsk.i Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K Hamann At Large City of South Bend Common Council 111 County-City B uilding• 227 W. Jcflerson Blvd South Bend, Indiana 16601 October 18, 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Filed in Clerk's Office OCT t8 2022 DAWN M. JONES CllY CLERK, SOUTH BEND, IN Re A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA HONORING SKYLAR DIGGINS-SMITH FOR HER CONTRIBUTIONS TO SOUTH BEND'S LEGACY OF PROFESSIONAL BASKETBALL PLAYERS BY BEING THE FIRST CITY NATIVE SELECTED IN THE FIRST ROUND OF THE WNBA DRAFT Dear Council Members: I have submitted special resolutions congratulating two young men from South Bend who were chosen in the first round of the NBA draft. In doing so, I realized that I was remiss in not similarly recognizing the first two women from South Bend chosen in the WNBA draft, Jackie Batteast and Skylar Diggins-Smith. I am submitting two special resolutions to remedy this oversight. Please file this special resolution and include it on the agenda for the Council meeting on October 24, 2022, under "Special Business". Thank you for your consideration. Sincerely yours, 9'�11>\_ �. M �di__Sharon McBride, President, South Bend Common Council (574)235-9321• Fax (571) 235-9173 • TDD (571) 235-5567 • http://www.southbendin.gov BILL NO. 22-51 BILL NO. 22-51 OCT 18 2027 DAWN M. JONES SPECIAL RESOLUTION NO. 4985-22 CITY CLERK, SOUTH BEND, IN A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA HONORING SKYLAR DIGGINS-SMITH FOR HER CONTRIBUTIONS TO SOUTH BEND'S LEGACY OF PROFESSIONAL BASKETBALL PLAYERS BY BEING THE FIRST CITY NATIVE SELECTED IN THE FIRST ROUND OF THE WNBA DRAFT ~ Skylar Kierra Diggins was born in South Bend, Indiana on August 2, 1990; and ~ Skylar attended Washington High School where she was the third Lady Panther to score 500 points in a single season, doing so four times from 2006-2009, leading the Lady Panthers to the State title game each year and the championship in 2007; and ~ Skylar finished her high school career with 2,790 points, and winning national honors including the Naismith Prep Player of the Year, Gatorade National Player of the Year, Gatorade Female Athlete of the year and Miss Indiana Basketball; and ~ Skylar's basketball career continued at the University of Notre Dame where, before graduating in 2013, she started all but two games in her final three years, giving up her starting position on February 23, 2011, and February 26, 2012, for walk-on senior teammates starting for the first and only times in their careers on Senior Day; and ~ during Skylar's years at Notre Dame, the Irish won 130 games , went to three Final Fours, and two national championship games; and ~ Skylar completed her collegiate career playing in 150 games with school records in points (2,357), steals, free throws made, free throws attempted, games started, minutes played, double-figure scoring games, triple-doubles and winning the Nancy Lieberman Award as the nation's top point guard twice; and ~ among the many highlights of Skylar's incredible collegiate career is being one of only six college players (women and men) since 1999-2000 to compile 2 ,000 points, 500 rebounds, 500 assists and 300 steals; ~ on April 15, 2013, Skylar was a WNBA lottery pick and selected in the first round , the third overall pick, by the Tulsa Shock, the first South Bend native drafted in the first round by a WNBA team; and ~ Skylar scored another first when, in 2020 she became the first South Bend native to win an Olympic gold medal in basketball; and ~ during her continuing WNBA career, Skylar has been a six-time WNBA All-Star, ranking in the top-10 in scoring four times, assists four times , and steals, three times; and * ~ the South Bend Common Council thanks Skylar for h er contributions to South Bend's legacy of professional basketball players. Section I. The South Bend Common Council congratulates Skylar Diggins-Smith and her husband, Daniel Smith on the recent announcement that they are expecting their second child, giving their son, Seven, a sibling to look forward to . Section II The South Bend Common Council honors Skylar Diggins-Smith for her many contributions to girl 's and women's basketball during her time at Washington High School , the University of Notre Dame, and in the WNBA. Section III. The Common Council thanks Skylar for being a role model for all South Bend basketball players. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, President South Bend Common Council Canneth Lee, 1st District Council Member Henry Davis, Jr., 2 nd District Council Member Troy Warner, 4 th District Council Member Eli Wax, 5th District Council Member Sheila Niezgodski, 6th District Council Member Karen L. White, At Large Council Member Lori K. Hamann, At Large Council Member Rachel Tomas Morgan, At Large Council Member Sharon L. McBride President Sheila Niezgodski Vice President Cumelh Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sh,mm L. McBride Third DisLricL Troy W,m1er Fourth District Eli Wax Firth DisLrict Sheila Niezgodski Sixth District Karen L. \,Vhite At Lu·gc Rachel Tomas Morg;u1 AL Large Lori K H amann At Large City of South Bend Common Council 1 1.,1.l County-City Building • 227 W. Jefferson Bh-d South Bell(!, Indiana 4660 l October 18, 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Filed in Clerk's Office OCT 18 2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA HONORING JACKIE BATTEAST FOR HER CONTRIBUTIONS TO SOUTH BEND'S LEGACY OF PROFESSIONAL BASKETBALL PLAYERS BY BEING THE FIRST CITY NATIVE DRAFTED BY THE WNBA Dear Council Members: I have submitted special resolutions congratulating two young men from South Bend who were chosen in the first round of the NBA draft. In doing so, I realized that I was remiss in not similarly recognizing the first two women from South Bend chosen in the WNBA draft, Jackie Batteast and Skylar Diggins-Smith. I am submitting two special resolutions to remedy this oversight. Please file this special resolution and include it on the agenda for the Council meeting on October 24, 2022, under "Special Business". Thank you for your consideration. Sincerely yours, Sharon McBride, President, South Bend Common Council (.'i7 t.) 2:-3.'i-9:121 • F,L...: (.57 t.) 2:-'l.5-9 l 7:1 • TDD (.57 t.) 2:-3.'i-5567 • hup://wmr.southbe11di11.gm· BILL NO. 22-52 Filed i BILL NO. 22-52 OCT 1 H zoa SPECIAL RESOLUTION NO. 4986-22 DAW~'M. JO\JES A SPECIAL RESOLUTION OF THE COMMON ti ei[RK. sr"J~f' BEND, IN OF THE CITY OF SOUTH BEND, INDIANA HONORING JACKIE BATTEAST FOR HER CONTRIBUTIONS TO SOUTH BEND'S LEGACY OF PROFESSIONAL BASKETBALL PLAYERS BY BEING THE FIRST CITY NATIVE DRAFTED BY THE WNBA ~ Jacqueline (Jackie) Batteast was born in South Bend, Indiana on March 16, 1982; and ~ Jackie attended Washington High School where she was the second Lady Panther to score 500 points in a single season in 2001 and finished her high school career with 1,635 points; and ~ Jackie's basketball career continued at the University of Notre Dame where, before graduating in 2005 , she started a school record 97 consecutive games and scored 1,874 career points; and ~ among the many highlights of Jackie's incredible collegiate career was an NCAA tournament game on March 23 , 2004, against Middle Tennessee State, where she scored 27 points in 28 minutes, making 13 of 17 shots, combined with 12 rebounds , to put the Irish in the Sweet 16; and ~ Jackie was named a finalist for the prestigious Naismith award, honoring the most outstanding women's basketball player, in 2004 ; and ~ on April 16 , 2005, Jackie was selected in the second round of the Women's National Basketball Association by the Minnesota Lynx, the first South Bend native drafted by a WNBA team ; and ~ Jackie was a part of the 2006 WNBA championship team as a member of Detroit Shock; and ~ after Jackie 's professional playing days were over, she returned to her hometown, spent time as an assistant coach for the Washington High School Lady Panthers and continues to contribute to the South Bend community to this day; and ~ the South Bend Common Council thanks Jackie for her contributions to South Bend's legacy of professional basketball players. Section I. The South Bend Common Council honors Jackie Batteast for her many contributions to girl's and women's basketball during her time at Washington High School , the University of Notre Dame, and in the WNBA. Section II. The Common Council thanks Jackie for returning to her hometown and continuing to be a role model for all South Bend basketball players. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Approved this 24th day of October 2022 Sharon McBride, President South Bend Common Council Sheila Niezgodski, 6th District Council Member Canneth Lee, 1st District Council Member Karen L. White, At Large Council Member Henry Davis, Jr., 2nd District Council Member Lori K. Hamann, At Large Council Member Troy Warner, 4th District Council Member Rachel Tomas Morgan, At Large Council Member Eli Wax, 5th District Council Member I OCT , g ?n:�� L_ ____ _J ' I CITYCl ,, CITY OF SOUTH BEND COMMUNITY INVESTMENT September 6, 2022 Council Member Rachel Tomas Morgan, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for Steel Warehouse Company LLC Dear Council Member Tomas Morgan: I -'D, IN Please find the enclosed information pertaining to a personal property tax abatement petition submitted by Steel Warehouse Company LLC to purchase new equipment to be used in a facility at 2722 W Tucker Drive, South Bend, IN 46619. This petition package includes: ►Department of Community Investment's summary report ►Petition ►Statement of Benefits forms (Personal Property) ►Supporting information The report contains the Department's findings relative to the above petition. The petitioner plans to purchase and install machinery at the estimated cost of $3,697,000. The investment will expand the company's cold reducing mill operations and enable it to hire ten to twelve additional workers. A representative from Steel Warehouse Company LLC will be available to meet with the Committee on Monday, September 12, 2022. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at (574) 235-5898. Caleb Bauer Acting Executive Director Department of Community Investment EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION· EMPOWERMENT 1400S County-City Building 227W. Jefferson Blvd. South Bend. Indiana 46601 p 574.235.9371 wwwsouthbendin.gov BILL NO. 22-48 BILL NO. 22-48 RESOLUTION NO. 4982-22 1 OCT 1 9 2022 I DAVVN M. JONES CITY CLERK, SOUTH BEN D, IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. Tucker Drive, South Bend, IN 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Steel Warehouse Company LLC WHEREAS , the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS , a Declaratory Resolution designated the area commonly known as 2722 W. Tucker Drive, South Bend, IN 46619, and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned, be designated as an Economic Revitalization Area; and WHEREAS , notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12 .1-2 .5; and WHEREAS , the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS , the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown below pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1-100% Year 2-95% Year 3-90% Year 4-85% Year 5-80% SECTION III . This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon L. McBride, Council President South Bend Common Council Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend , Indiana on the ___ day of ---------' 2021, at ___ o'clock . m. Dawn M. Jones , City Clerk Office of the City Clerk Approved and signed by me on the ___ day of ______ , 2021, at o'clock m . OCT 1 9 2022 , L DP V\' \~ JON'::.S CITY CU::::t-ir<, Si_lU I 1-1 REN D, IN James Mueller, Mayor City of South Bend , Indiana TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director of Business Development SUBJ ECT: PERSONAL PROPERTY TAX ABATEM ENT PETITION FOR: Steel Warehouse Company LLC DATE: September 7, 2022 On July 29 , 2022 , a petition from Steel Warehouse Company LLC was received and subsequentl y filed with the City Clerk for a personal property tax abatement consideration for property located at 2722 W. Tu cker Drive , South Bend, IN 46619. Pursuant to Chapter 2 , Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all z oning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Steel Warehouse Company LLC is a family-owned steel service center which began in the City of South Bend in 1947. The company has grown from its single location in South Bend to multiple locations across the United States and the globe. Steel Warehouse is proud to call South Bend its home and headquarters. The main South Bend facility on W . Tucker Drive is roughly 170 ,000 SF and staffed with 513 individuals. In addition to its facility on Tucker Drive, the company has facilities at 1217 S. Walnut Street and 1400 Riverside Drive. The company is proposing an investment of approximately $3.7 million for the purchase of new industrial cold reducing mill equipment. As part of the project the company will also be constructing a new shipping bay that will cover 3 ,600 square feet with an investment of $216 ,000 . 5-year personal property tax abatement with estimated taxes of $45 , 141 for the five years of the tax abatement period. EMPLOYMENT IMPACT Per this petition , it is estimated that the company will: Retain five hundred and thirteen (513) jobs with a total annual payroll of 18 ,865 ,889.). Create ten to twelve ( I 0-12) new jobs with a minimum total annual payroll of 367,756 . ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted , finds that the petitioner has been granted eight (8) tax abatements. a. 10-Y Real Property -Confirming Resolution #1964-92 , August 1992 b. 10-Y Real Property Abatement -Confirming Resolution #2167-94, August 1994 c. 5-Y Personal Property Abatement -Confirming Resolution #3793-07, September 2007. d. 5-Y Personal Property Abatement -Confirming Resolution #3792-07 , September 2007. e. 5-Y Personal Property Abatement -Confirming Resolution #3 791-07, September 2007 . f . 5-Y Personal Property Abatement -Confirming Resolution #3995-09, October 2009. g . 5-Y Personal Property Abatement -Confirming Resolution #4054-10 , October 2010. h. 5-Y Personal Property Abatement -Confirming Resolution #4055-10 , October 2010 . 2 . A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 3. A review of the Tax Abatement Ordinance No . 9394-03 finds that the petitioner meets the qualifications for five (5) year personal tax abatements under section 2- 82.1 , Industrial development in Urban Enterprise Zone and Redevelopment Blighted Areas, and section 2-84.2 , Tangible Personal Property Tax Abatement. J f' -'\ i..) I' ·,( 1 7077 I I i City of South Bend i •·' ' 'J'-'" 1 Petition for Incentives Petition must Include a $250 filing fee payable to the City Clerk 's Office or online •io the City 's website at ht:tp://southbendln.go./go•ernment/content/tax-obatement before processing con be complete General Information Project Name I ProJed Number Leaal name as registered with seaeta~ of P Steel Warehouse Company LLC Business structure Indian a lim ited liability c ompa n y Company website www .st ee lwareho use .com Proposed Project Information Proposed project address 272 2 W . Tucker Drive Oty, State, Zip Sou th Bend , IN 46 619 Site acreage or acreage required Square feel of f•clllt\' Primary Contad lnfomgtlon Prlmarycomp•nycontoctn•me Gerald F . Lerma n Address or company coni.ct 272 2 w. T uck er Drive City, Sratt, Zip South Bend , IN 46619 Senior Offldal Information Company sentor official 11ame Gera ld F. Ler man Address or company contact nf different from City, State, Zip COflsultant Information/Agent Hired buslne!s cons1.1lt.ant/agent name An drew G . He lfr ich . Esq . Address 201 S . Main Street, Suite 400 Oty, State, Zip Project Overview Brief desalptlon of your companv, project, and why the property Is necess ary for econom ic growth South B e nd , IN 4660 1 See attached letter. Certlned Tecl1nology Park appropriate N ot a p pl ica ble Parent company name Steel Ware hou se Comp any LLC Lesa I owner A & F Realty LL C Is the real estate ow ned or L eased II leued by whom Ste el Ware ho use Company LLC Titlf V ice Pres iden t, Gene ral Counse l Phone 574-236-5139 Email ge rry l@steelwarehou se .ne t lltle Vice Pres ident, Ge neral Co unsel Phon• Email Consultant release f"f/N) Local ec;onomlc devetopment p;artners ooroval (Y/NI Email and rew.h elfri c h@ btl aw .co m i---I I ·1J,.., --1 )nrr : I !\ \) I . . u / I : J 0 A •li.,i ,vi ,;( ,;, -'.~ J :-:' 3i.~1 Is the proJtct In a Tax Incremental Flnancln1 ln1c, ----"' If en •-•~1ni, Yes , River West Development Area C•rtlfy that the Building Permit hes not been l, • ..,.a IV/NI Yes , no perm it. l~::':..,, ....... ., ... itscrea1e,11,y If this Is a petition for penonal property ta• abatement, has !No t he ~uloment bel!:n lnstalle-d Investment Details Public lnfrastTucture needs (Off-Has any 504 funding been What Is the value of any equipment being purchased fn site of proJKt In doll;us) rece111ed? lndlana for the proJect7 None N/A Wh•t Is th• wlue of any equlpm,nt being purchased from out of stale for the proJect? 3 ,697 ,000 s.: i I I I i I I J jl!!II fll!ll:0 1nw11ments ·= C~1ndlrYur 2022 2023 2024 20U 2021 21m 202I l029 Land Acquisition BufldI n1 L,ue P,1ymen<s Bulldl nc Pt1rd'lilse Cons New Su lldln1 Constru~lon Jsd n 1 Building Impr ovements S.:: JU ~ll'J .. t New M1 c'1 lne ry & Equ._,ment $3,697 ,000 Spedill T00Un1/Rttooll n1 Ntw Furniture/Fixtures New Comi:,ute r/IT H;udwue Nw wSoftw,re Or,~JI~ R;a ll lnfr utruc,ur e 0rt-dtt Fiber lnfranructure TOTAL so .oo 13.913,000 so.co S0.00 SO .DO S0.00 S 0 .00 so.co Full-Tlme Permanerw lndlan.llesldent Podllons bV talendllr Var Cillendar lHr Totalhowty Cumu lative I of ne t~ full time Hourly m!!f!: w11t, w/o Tot1I tr1\nln1 Tota l " ta be wic e w/o perm;anent Job.1 anted ilt pro/ect beneftu or bonusH, ot e.pendtture -trained -not fr ln1e o r cumulat:hie net new /ot,s not rumuh1dve bonuses cu mulative 5 13 $18,8f,5 ,889 .Q. N/A N/A 12 2023 Throu gh 7/29122 20Z4 2025 202 6 2021 20Z8 2029 2030 20 31 20!2 20!3 Full tll'fte P r,ttme laboters $19 88/hr Technl QI $2 8 86 /~r 37 50/hr AdmlnlstriltlWe $27 60/h r Dawn Jorda n Are ~ou an no employer1 No Please 11st Ille number 1lme Ind pan time lllinarlty 1ft or '-le lfflPI0¥91S iacl'I af Pluse de scrtllt your commU mtnt to 1f1e last dlrff ynn: dl¥tutty and /nclu>lon by dttalllnnour loutrt1d'l 1nd re<CU:t ment efforts fo, tt'lw lut 2021 2020 20 19 thrM Yf.iH$ u well is curr en t pokies, Full Tim• PHtTime FuU Ti me PartTlmt Fu /lTlme PiM'ITlm e 67 49 82 Hlt,panlc 58 51 58 As ian 2 0 0 0 0 0 Female 4 9 40 43 Ottte r 0 0 0 Complete below for Real or Personal Property Tax Abatement only. Please siln for all requested incentives. Public Benefit Item: Information Is required on both the construction companies and tile companies whlct, will provide materials purchased for this project. Qual ify Please complete the table below with the appropriate Information. If Earned Pa int< Availiiible PoiftlS you qua li fy for the points, please enter the full amount of availab le Ve s or No) points. 1 tonriru ~!lgn RgLl!•!I C£!1!!!m~J ; A. Employ Lo cal Co mpanie s (75%) l\o 20 B. Purch ase Materia ls from Loc al Companies (75%) Yes ]. 0 20 C Requi re Em ployees vs . Independe nt Co ntractors No 19 D. Requ ire Prevailing Wage (Oav,s Bacon) Ne 22 E. Requ ire Health Be ne fits Yes [_ L.. u F. Requ ire Pension Ben efits Yes ;~ 18 G. Ma inta in Affi rmat ive Action Pl an No 20 lsub-tot•I Connruttlon Rel•ted : £,, C 141 2 .le!!!u, §,odi! B,iurtJ.Q~rl; A. Pay Targe t Wag e Leve ls tll<5? l3 8 . Prov ide ~ealt h Benef its Yes s"' 34 C Prov ide Pens ion Benefits Yes 7 't 19 0 . Provide Training Yes L.~ 28 E. Prov ide Chi ld Care No 15 F Provide Transpo rt ation Assistance No 14 G. Prov 'de Employer Assisted Hous ing program Ne 9 Sub •toul Wage & Benefit Related : qf 162 3 Wo rkforce ~e lated : A, Crea te New Jo bs. Yes u) ., B. Retam histing Jobs Y es i..l I 4] C. Maimain Aff irmative Action Plan No 35 D, Provide Tarae ted Hiring Prefe rence No .14 Sub -1ota l Workforce Re laled: ~J ]52 4 a!!eeon • Ml!!!lcl eat Fa cll lrt: A. Sup port a 59 Municip al Facility (donatiO M to th e Nozoo , conserva tory , mu se um, et c.) 84 Name of Facili ty Sub•total M unlclpal Facility : NIA ' 84 Sub-total from Above : 7~1/ 539 The undersig ned owner(s) of real property, located within the City of South Bend, hertiy petition the Common Council of the Qty of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C., 6·1 .1-ll.1·1, et seq .. and South Bend Municipal Code Sec. 2-76 et seq .. for this petition state the above. Submitted By: For Staff Use Only lelaw n,1, Une What Is the curre nt ~nened v11 ue1 IReal Property: I IH,600 PffSOnll PropttTy. 18,157,980 Wh~t 15 th·e p,oJectfd HMHed value? l""I Property: I 340 ,600 P,rson1I Pr~tv: 21 ,854,980 Ntl1t Is the ti• ltty number for mts proJact1 0 l 8-8075-Zll39 Wllatl,~ ,11 dlf!t NA ICS code7 I H35l9 Pfene 1n1ch I Gqle map tnd itrNtW'Wof ttie focatkJn . PJ111e nst the am<Nnt of rnl and personal p,~ taHS Ru• Property Taae-s : Pan:o~I PtOJM,tv Tues: pa id for the #alt fll,tf, yurt whl!fl appUablt. YearOnr 4,304.02 604,422 .80 Ye;arTwo 3,807.00 474,139 .50 Year Three 4,430.98 502 ,353.02 YHr Four 4,788.82 51 1,680.18 Year five 1,946.70 500,97 0.56 Please nu oul th• following Public 8eneni Summ•rv mform•don and add to total from •bove . jVorNl Polnb Points Public Benefit Item: Pn:il«! llt~led! 5 A . Redeve lop• SIie that h•s Speclill Need> No 49 8. De ve lo p Ba sed on local Unive rsity Re.sear ch No 35 C. Ach ieve a Physical Element of a Plan No 36 sub-total Project Related: 120 6 ~.l!tr 1l..rf Prokru lgolnt v•lues •rt gimul13lvej : A. 100" lo 199" ~o 25 8 . 200" lo 299" :-- io 68 C. 300"!0 399" Ko 65 D. 400l' and Over No 52 Isub-total Supor Sire Projects : 210 7 Piy for Muni(ie!;I tnfrutructure: A. Pay for Qv.,sb lns o r Up&f3dlns No 14 8 . Pay for 26·50" of Exton,ion Cost No 26 C. Pay for S1 -7S" of Extension Cost :-Ju 39 0 . Pay for 76-100" of ExteNion Cost No 52 sub •rot•I Infrastructure Rolattd: 131 Toul from Applicant Soctlon: 23 4 S39 Tot•I f,om Staff SHtlon: 0 46 1 Tol•I Public Bonoflt Points: 234 1000 STATEMENT OF BENEFITS PERSONAL PROPERTY St al e Form 51764 (RS / 1-21 ) Prescribed by the Department of Loc al Gove rn ment Fi na nce INSTRUCTIONS. il:3 1 1 70?? I J . · ' i:: .X)NE[j H 8ENO. lt•i . --·--~ .. ___ __ FORM SB -1 / PP PRIVACY NOTICE Any informat ion concern ing th e co st of tho properly and specific salar ies pai d lo indiV1duaf employees by the propMy owner ls conn den tial per IC 6-1 1-12 1-5 1 1 Th is statement must be submitted to the body design ating the Economic Revitalization Area prior to the public hearing if the designating bo dy req uires information from the applicant in making its decision about whether to des ign a te an Economic Revitalization Area . Otherwise th is statement must be submitted to th e design ating body B EFORE a person inst alls the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/or info rm ation technology equipment for which the person wishes to claim a deduction . 2 The statement of benefits form must be submitted to the design aling body an d the area designated an economic revitalization area before the installation of qualifying abatable equipment for which the person desires to claim a deduction . 3 To obtain a deduction, a person must file a certified deduction schedule with the person 's personal property retum on a certified deduction schedule Form 103-ERA) wi th the township assessor of the township where the property is situated or with the county assessor if there is no townsh ip assessor for the township. The 103-ERA mus t be filed between January 1 and May 15 of the assessment year in which new manufacturing equipment andlorresear ch and development equipment and/or logistical distribution eq uipment and/or information technology equipment is installe d and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension mus/ file the form between January 1 and the extended due date of tha t year. 4. Property owners whose Statement of Benefits was approved, mus/ submit Form CF-1/PP annually to show compliance with the Statemenl of Benefits IC 6-1 1-12 1-5.6) 5. For a Form SB -1/PP tha t is approved after Jun e 30, 2013, th e designating body is req uired to establish an abatement schedule for each deduction allowed. For a Form SB-1/PP th at is approved prior to July 1, 2013, the aba tement schedule approved by the designating bo dy rem ain s in effect. (I C 6-1 . 1-12 1-17) Nam e of 1axpaye r IName of contact pe rso n Stee l Ware ho use Company LLC G e ral d F . Le rm an Address of taxpaye r (number and s/n,e/, city, slate, and ZIP code} Te lephone ntJ mber 2722 W. Tucke r Drive , So ut h Bend , IN 46 6 19 ( 574 ) 236 -5100 h,-••••l•I .... .,, . -. ....... Name of designa1i ng bod y Resolution number (s) City of South Bend Com mon Counci l Loc ati on of pr ope rty ICounty OLGF taxi ng dis trict num ber 2 722 W. Tu c ke r Drive , So ut h Bend , IN 46619 St Joseph 026 (So ut h Ben d/Portage ) Desc ri ption of m anufacturing equipment and/or research and development equip ment EST IMAT ED and/or log istical distributi on equipment and/or information te chnology equip ment. Use additional sheets if necessary ) START DATE CO MP LETION DATE See attachment. Manufacturing Equipment 0 8/20 22 07/20 23 R & D Equi p ment Log ist Dist Equ ipme nt IT Equipment Current Number ISa la ries Nu mbe r Re ta ine d ISalaries Num ber Additional ISalaries 2 1 1,376 ,0 15 21 1 ,376 ,015 10 to 12 686 ,3 95 11:W~='IAl!J'e ... -.;;.;ii••• "' NOTE : Purs ua nt to IC 6-1 .1-1 2.1-5 .1 (d) (2) the MANUFACTURING R & D EQUIPMENT LO GIST 01ST IT EQUIPMENT EQUI PMENT EQUI PMENT COST of the property is confident ial. COST ASSESSED COST ASSESSED COST ASSESSE D COST AS SESSED VA LUE VALUE VALUE VALU E Cu rrent va lues 3 ,133 ,300 939 ,990 P lus estim ated values of proposed p ro ject 3 ,69 7 ,000 1,109 ,100 Less v alues of any property bei ng repla ce d 58 ,000 17 .400 Net estimated v alues upon completion of project 6 ,772 ,300 2,031 ,690 Estimated s oli d waste conv erted (pounds) 0 Esti mated hazardo u s w aste con verted (po unds) 0 Other ben efits : SECTION I; TAXP,WER CERTIFICATION I he reby certify th at the re p resenta tions in this state ment are true . Si gnature of auth oriz ed represe ntative t F. /.,.,... __ Prin te d name of authorized represe ntative G erald F . Lerm an I Date si gned (month. day, year) r ,.f y "?.'I , Z<>l.l. I Ti lle Vi ce Presiden t, Gene ral Counsel Page 1 of 2 FOR USE OF THE DESIGNATING BODY I I , , ~ .... _ We have reviewed our prior actions relating to the designation of this econ omic re vi talization area and find th at Ille appllcani"::eis the ';~,I $1:alfd adopted in the resolut ion previously approved by this body. Sai d resolution , passed under IC 6-1 1-12 1-2 5 , p ro vides 1fo r the following ·limi aU~ lie' authorizedunderlC 6-1 .1-12 .1-2. 1-}/li'' _ ----- I.J I 1 A . The designated area has been limited to a period of time not to exceed ______ calend a r years • (s~ bf/lo w} T date this aes,g oati~' expi e s -,/ r, L < !J. I is ______________ NOTE This ques/lon addresses whether /he resolu/lon contam ~)p l~ OQ a.te.{or the des,g ed area f,;:./:?1,-J'r ;;.:~/ B The type of deduction that is allowed in the desig nated area is limited to : 1 . Installation of new manufacturing equip ment; 2 . Install ation of new research and development equipment: 3 . Installation of new logistical d istribution equipment. 4 Install ation of new information technolog y equipment ; O Yes 0 Yes 0 Ye s 0 Yes O No Q No O No O No 5,-V._;I•\,';::;:-._, ·-, JV.,.· vc::s O Enh anced A batemen per,'i ~ 1 1 1-1 8 Check box if an enhanced abarem , 'M.t approved for on e or more of these ty C The amount of deduction a pplicable to new m anufacturing equipment is li m ited 10 $ ________ cost w ith an assessed value of One or bo th lines may be filled out to establish a limit, if desired.} D . The a mo unt of deduction applicable to new researcll and development equ ipment is lim ited to$ ________ cost with an assessed val ue of On e or both line s may be fill ed out to establish a limit. if desired.) E The amount of dedu ction applicable to new logistical d istribution eq uipme nt is limited to$ ________ co s t with an assessed value of One or both lines may be filted out to establish a limit. if desired.) F. The am ount of deduction applicable to new information tec hnology e quip ment is limited to $ ________ cost w ith an assessed va lue of One or both tine s may be filled out to establish a limit, if desired } G O ther lim itations or cond itions /sp ecify) _________________________________ _ H T he deduction fo r new manufacturin g equipme nt and/or new research and develo p ment equi pmen t and/o r new log istical d istribution equipment a nd /or new in forma tion technology equipme nt installed and fi rst claimed elig ible fo r deduction is allo w ed for: 0 Ye ar 1 0 Ye ar6 0 Year 2 0 Year ? 0 Yea r 3 0 Years 0 Year4 0 Year 9 0 Years 0 Ye ar 10 0 Enhanced A ba te ment per IC 6-1. 1-12.1-18 Number of yea rs appro ved : ____ _ Enter one to twenty (1-20) yea rs ; m ay no t exceed twenty (20) years.) I. F or a Statement of Be nefits ap proved after June 30 , 2013 , did th is designating body ad opt an abatem ent schedule per IC 6-1 .1-12 1-17? 0 Yes O N o If yes , attach a copy of the abatement schedule to this form . If no. the designating body is required to establish an aba tement schedule before the deduction can be d etermined A lso we have reviewed the information co nta ined in the sta tement of be n efits and find tha t the e st imates an d expec tati o ns are re ason able a n d have determined that th e totali ty of benefits is suffi cient to justify th e deduction described above Approve d by: (signature and title of authorized member of designating body) Te lephone number Date si gned (month, day_ year) Pri nl ed name of aulhorized member of designating body Name of designat ing body Attesled by : (signature and ti tle of a/lester) Pri nted name of atteste r If the designating body li m its the time period durin g which an area 1s an econ o m ic revitalization area . tha t li mitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less th a n the number of years designated under IC 6-1 .1-12.1-17 IC 6-1 .1-12.1-17 Abatement schedules Sec . 17 . (a) A designating body may provide to a business that is established in or re located to a revitaliza tion a rea and th at receive s a ded uction under se c tion 4 or 4 .5 of this cllapter an abatement schedule based on the following fa ctors : 1) The total amount of the taxpayer's investment in real and personal pro perty. 2) The number of new full-time equivalent jobs created . 3) The average wage of the new employees compared to the state minimum wage 4) The infrastructure requirements for th e ta xpayer 's investment. b) This subsection applies to a statement of benefits approved after June 30 . 2013, A designating body shall establish an abateme nt schedule fo r each deduction allowed under this chapter. A n abate m ent sched ule must specify th e percenta g e amount of the deduction fo r each year of the deduction. Except as p rovided in IC 6-1 .1-12 .1-18 , an abatement schedule may not exceed ten (1 0) years . c) An abatement schedule approved for a particular taxpa yer be fore July 1, 201 3 , rema ins in effe ct u ntil the abatement schedule expires under the te rms o f the resolu tion approvi ng th e taxpa y er's statement of benefits. Page 2 of 2 July 6, 2022 Memorandum to :Files Subject :Cold Reducing Mill Enhancement Project Steel Warehouse Company LLC has operated a cold reducing mill in its South Bend facility for many years . In order to remain competitive in the markets that the mill serves, Steel Warehouse believes it is necessary to make enhancements to the mill , as well as to some subsidiary equipment, as set forth below: 1. Mill Entry Guides -this will include an entry guide box , to assist threading the steel strip into the mill and to pro vi de back tension on the payoff pass . It will also include new mounting arrangements for the X-ray Gauge, along with support structure and miscellaneous hardware ; entry and support structure. 2 . Mill Stand Equipment -this will include the addition of two top backup roll wipers to assist in strip cleaning , utilizing new spreader bar pods to support the new wiper assemblies. 3 . Mill Exit Equipment -this consists of new Coolant Dam , Exit Guide Box , Edge Bead Removal system , along with other as sociated equipment and exit end support structure. It will include addition of a las er type gauge for enhanced thickness control and a deflector roll wiper. 4 . Hydraulic Equipment -this will include a hydraulic valve stand for all new hydraulic functions. 5. Pneumatic Equipment -this will include valves for all pneumatically controlled functions . 6. Updated Electrical Equipment -this will include additional motors , limit switches , sensors and wiring injunction boxes for all the operation of the mill. 7. Spare Part s for all of the above. 8 . Foundation for the mill to replace the existing foundation . 9 . Enhancements to the exis ting slitting line next to the cold reducing mill. I0 . Installation of wall partitions, to control the environment for operation of the mill from exposure to the various elements that enter the facility while the main doors are open. I -------F,1r-i . -. a 1n C'! s Offi c8 / i ·' ' ------) I /-l[_j[;• 1 1 ? ; 11 . Three high charge annealing intercovers with co . •at~d -~~r.i;fl.an~ rt'l/sed d d . h d h d • -I I L. ~-'[, I\ J • ------/ an 1s e ea . •·--::'. t:.Pr· .,, . Uf\/[/'§'"-' t)7~LffJ ::: 12 . Addition of a new shipping bay, to the existing facility in which th~-co RNo, IN reducing mill is located, estimated to be approximately 3,600 square feet , for the purpose of facilitating the loading and unloading of steel products for the mill. It is expected that the improvements to the mill and the slitting line will take up to a year to complete at a total cost of $3 ,913 ,000. This includes installation of the wall partitions in the facility . The cost for the erection of the new shipping bay is expected to be approximately 216,000. The Company believes that improvement in the cold reduction mill will provide it with a competitive advantage in the markets for cold reduced strip steel. To accommodate the additional usage expected for the mill , the Company expects to add eight to ten additional employees over a three year period once the project is complete. G. Lerman GL:ld D LJD D c=J 0 D li D J 1 . I t x:,-_. l~ 1 1 C ~ II.'-. I a, I I1-., IIt3 ! ~ IIC) MEMORANDUM OF AGREEMENT PERSONAL PROPER TY TAX ABATEMEN T) OCT 1 9 2022 DA\"1N 1.~ JONE ', CITY ' ; ·:D. IN This Memorandum of Agreement (Agreement) da ted as ----~ 2022 , serves as confirmation of a commitment by Steel Warehouse Company LLC (the "Applicant"), pending an October 24 , 2022 , public hearing, to comply with the project de scription, job creation, and retention (and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement (Commitments). l. Comm itm ents of C ity and A ppl icant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Comm on Council (the "SBCC "), the City of South Bend, Indiana (the "City") commits to provide a five (5) year personal property tax abatement for the Applicant, based on the Applicant 's commitment set forth in its Application. The Applicant commits to a capital expenditure of $3 ,69 7,00 0 associated with the purchase ofnew industrial cold reducing mill equipment for Steel Warehouse Company LLC located at 2722 W . Tucker Driv e, South Bend, IN 46619. This personal property project will result in the creation of at least ten (10) permanent full-time jobs wi th a total estimated annual payroll of at least $367,756 . 2 . A ppli ca nt 's Co mpli ance w it h City and Sta te Laws . During the term of the abatement, the Applicant shall comply with Chapter 2 , Article 6 of the South Bend Muni cipal Code entitled "Tax Abatement Procedures" and all governing provisions of the Indiana Code. During the term of this abatement, the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project, and the averag e wage rates and salaries (excluding benefits overtime) associated with the positions, and the Applicant shall provide the City w ith adequate written evidence thereof within 15 days of such request (the "Annual Survey"). The City shall utilize thi s information and the informatio n required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has complied with the commitments contained in the Commitments at all times after the Commitment Date and during the duration of the abatement. The Applicant further agrees to provide the City with such additional information requested by the City related to the information provided in the Annual Survey and the CF-1 form within a rea sonable time following any such additional request. 3. Substan ti al Comp li ance and Ri ghts of Termina ti on . The City , by and through the SBCC, reserves the right to terminate the Economic Revitalizati on Area designation and associated property tax abatement deductions if it determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control. As used in this Agreement, "substantial compliance" shall mean the Appli cant's compliance with the following : (a) making personal property expenditures of no less than Three Million Six Hundred Ninety Seven Thousand dollars ($3 ,697 ,000) for new industrial cold reducing mill equipment; (b) this personal property project will create at least ten (I 0) permanent full-time jobs with a total estimated annual payroll of $367,7 56 . 4. Fac to r Bevo nd Control. As u sed in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. 5. Repayment of T ax Abatement Sa ving s . If at any time during the term of this Agreement the Applicant shall : (i) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana ; or (ii) cease operations at the facility for which the tax abatement was granted; or (iii) announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 6. otic e/Hearing of Tennination . In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination , including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City 's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid . Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If, after giving such notice and receiving such evidence, if any, the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court . 7 . Repaym ent. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due Statement), and Applicant shall make such repayment to the City within 30 days of the date of the Statement. If the Applicant does not make timely repayment, the City shall be entitled to all reasonable costs and attorneys ' fees incurred in the enforcement and collection of the tax abatement savings required to be repaid hereunder. 8 . Modi ficati on/Entire A gre ement. This Agreement and the schedules attached hereto contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral or written , except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 2 OCT ·1 9 ?fl:~-} Icrwc ~;,, _ 9 . Wai ve rs . Neither the failure nor any delay on the part of the City to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy , power or privilege with respect to any occurrence or be construed as a waiver of such right , remedy, power or privilege with respect to any other occurrence . No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver . 10 . Governing Law of Indi ana. This Agreement and all questions relating to its validity , interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 11 . Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 12 . o ti ces. All notices , requests , demands , and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing , by registered or certified mail, postage prepaid, return receipt requested , thereof, addressed as set forth below : If to Applicant: Steel Warehouse Company LLC 2722 W. Tucker Drive South Bend, IN 46619 Attn : Gerald F . Lerman itle: Vice President and General Counsel If to the City: City of South Bend, Indiana 227 West Jefferson Blvd . Suite 1400S South Bend, Indiana 46601 Attn: Caleb Bauer, Department of Community Investment 3 J 0 , IN 13. Ass ignment and Transfer Prohi bited . This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld. 14. Valid and Binding Agreem ent. Thi s Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon , and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party . 15. Severability . The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby . 16 . No Per onal Liability. N o official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees or agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 4 OCT ·, 9 2n ~? L . -·----_J I )() ,Lu l:...:._1 _ ' : · .. ~-~ __ BE ND, IN IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written . Applicant" Steel Warehouse Company LLC By: f$ '-"-.1.../ T-. «~ _.. Gerald F . Lerman Vice President and General Counsel Approved as to Legal Adequacy and Form this day of __ ___,. 2022 Counsel, South Bend Common Council Counsel for Applicant 5 City " K:;ity of South Bend, Indiana IBy: By : By : By: Karen White President, South Bend Common Council Rachel Tomas Morgan Chairperson, Community Investment Committee Caleb Bauer Department of Community Investment James Mueller Mayor OCT g ?r," I J CITYC I' .IN ---·-- RESOLUTION No. 4972-22 Passed by the Common Council of the City of South Bend , lndian=a _______ _ S_e~pt_e_m_b_e_r_1_2_, __ 20 _ 22 Attest: -1/-~~-aW/D----~-~-__,~,.,-.---A~ · /\-) _______ City Clerk Da\fil M . Jones ~ Att~, ~Ii,;_ /IIA¼fE , President of Common Council Presented by me to the Mayor of the City or South Bend, Indiana _________ _ September 12 , _______________ 20_ 22 Ou;;;J,.;:;.._;....:_;;;....__~_..;....__· __ lfl+p,.· '--'--A.::;__ n_,., ) _______________ City Clerk Dawn M. Jones ~ Approved and signed by me __ s_ .. +-n_t_~_~_if __ l-'1"'-l,-----=20 l, .!::_ ,-J ---------,~<-- J.~-==--------Mayor BILL NO. 22-39 RESOLUTION NO. 4976-22 I c,-:1·, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND , INDIANA, COMMONLY KNOWN AS 2722 W. Tucker Drive, South Bend, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Steel Warehouse Company LLC OCT WHEREAS , a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly kn own as 2722 W. Tucker Drive, South Bend , IN 466 19, and which is more partic ularly described as follows : Business Personal Property and which has Key Numbers to be assigned, be designated as an Economic Revitalization Area under the provisio ns o f In d iana Cod e 6-1.1-12.1 ~ gg., and South Bend Municipal Code Sections 2-76 ~ ~-. and ; WHEREAS , the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Ec onom ic Rev italization Area under Ind iana Code 6-1.1-12.1 , l<! ~-, and South Bend Municipal Code Sections 2-76 , !:! fil.9,, and.has further prepared maps and plats show ing the boundaries and such other informati on regarding the area in question as required by law; and WHEREAS , the Community Inve stment Committee o f the Common Council has reviewed said report and recomm ended to the Common Council that the area qual ifies as an Economic Revitalization Area . NOW , THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows : SECTION I. The Common Council hereby determines and finds pursuant to Indian a Co d e 6- 1.1 -12.1-4.5 l<! ~-, that: a. T he estim ate of the co s t o f the new industrial and manufacturing equipment is rea sonable fo r equipment o f that type; b. That the estimate of the number o f individuals that will be employed or whose emp loyment will be retained by the Petitioner can reasonably be expected to resul t from the proposed installati on of new industrial and manufacturing equipment; c. That the estimate of the annual salaries o f those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new industrial and manufacturing equipment; d . Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new industrial and manufacturing equipment; and e . The to tality of benefi ts is sufficient to j ustify the deduction requested . SECTION II. The Common Counci l hereby determines and finds that the proposed new industrial and manufact uring equipment can be reasonabl y expected to yield the benefits identified in the Statemen t o f Benefits a s set forth in Sections I through 3 o f the Petition for Personal Property Tax J D,IN Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being pre sc ribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-1 2.1 -4 .5. SECTION III . The Common Council hereby accepts the report and recommendation of the Department of Community Inve stment, and the Community Investment Comm ittee's favorab le recommendation, that the area herein described be de signated as an Economic Revitalization Area fo r purposes of personal property tax abatement and hereby makes such a designation. SECTION IV . The Common Council determ ines that such designation is for personal property tax abatement only and shall be lim ited to three (3) calendar years from the date of the adoption of thi s Resolution by the Common Council. SECTION V. The Common Council herc;by determines that the property owner is quali fied for and is granted property tax deduction for a period of (5) five years as shown below pursuant to Indiana Code 6-1.1-12 .1-17 . Year l-l00% Year2-95% Year 3-90% Year 4-85 % Year 5-80% SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Reso lution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3 -1, said publication provid ing not ice of the publ ic hearing before the Common Council on the proposed confirming of said declaration . SECTION VII . This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor . Dawn M . Jones, City Clerk' Office of the City Clerk South Bend Common Council Presented by me, the un dersigned Clerk o f th.e City o f So uth Ben d , to the Mayor of the City of South Bend, Indiana on the ___!L__ day o f ~ , 2022 , at _/j__ o'clock _. m . A!t'taµ /2 D,~ M. Jo,~. City CJ,~ Office of the City Clerk Approved and signed by me on the~ day of Srp1-.~v- f·m . 2022 , at l_ o 'clock City of South Bend, Indiana fr·""' ,, OCT ·1 9 20''~ 2 L_ ___ ___, DAWN M. JON :) CITY CLE:1"1K. ~G I I ,-i BEN D, IN October 19, 2022 City of South Bend PLAN CO.MMISSION Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 613 S Warren St. PC#0121-22 Dear Committee Chair Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office [ ocr 1 � z_ozz / DAWN M. JUNES CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your October 24th Council meeting and set it for public hearing at your November 28th Council meeting. The petition is tentatively scheduled for public hearing at the November 21st, 2022, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: The project will consist of the rezoning of Parcel 018-4021-0745. Currently zoned U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex designation necessary to allow a beauty salon as an accessory use to a residential use. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Co mmission President BILL NO. 64-22 Filed in c~ •s Office BILLNO.64-22 r---~ L, , g zo _zz ORDINANCE NO. 10899-22 DAW J J CITYCLERK ( NES fH BENO, IN , -- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 613 S Warren St., COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Ul Urban Neighborhood 1 District to UF Urban Neighborhood Flex District to allow a beauty salon as an accessory use to a residential use. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19 , which ordinance is commonly known as the Zoning Ordinance of the City of South Bend , Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend , St. Joseph County, State oflndiana: LOT 279 SUMMIT PLACE 2ND be and the same is hereby established as UF Urban Neighborhood Flex SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(£)(7) Commitments, if applicable. 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Attest: Dawn M. Jones , City Clerk Office of the City Clerk Sharon McBride , Council President South Bend Common Council Presented by me , the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of ________ ~ 2022, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ ~ 2022 , at m. James Mueller, Mayor City of South Bend , Indiana 2 - o 'clock City of South Bend PLAN COMMISSION Petition for Rezoning or Combined Public Hearing Property Information Owner: Legal Description : RECEIVED OCT O5 2022 CITY Project Summary To Requested Action Application includes (check all that apply) Rezoning l Current District: Gl=legsQ th ~i&tl'ie~ Add itional Districts , if applicable Proposed District:~e H~e propo sed district--UF Additional Districts, if applicable The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) Th e comprohonsivo Plan ; - 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each distri ct is adapted; 4) The conservation of properly values throughout the jurisdiction; and 5) Responsible development and growth . D Subdivision -complete and attach subdivision application D Special Exception -complete and attach Criteria for Decision Making Use requested : ----------------------- Variance(s) -List variances below, complete and attach Criteria for Decision Making Variance(s) requested : Required Documents IN BCompleted Application (including Contact Information) Site Plan drawn to scale 0 Filing Fee D Additional documents as noted above P .A I . D OCT O 5 202 2 Per __ ...;.;;:..--!•- Contact information Property owner(s) of the petition site: Name : LttvA,,,., li f\0 (., o Address : l.o Is '$. W -. ('(!V' Name : Address: _________________________ _ Name : Address : _________________________ _ Contact Person: Name : Address: __ (o-----'I s=---~-· ...... W~Q.'-'-( ......... r ...c..(..lt\,.__._ ____________ _ P ho ne Num be r: 5 7 '/ 5'~ 't 5 7 J / E-ma il : L~Jtt ..\,t1·\fl'J (2. ow.~1l , COM By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to repr se fft.ltl;y,r fli 11 1or;i . before the South Bend Plan Commission and Common Council an to a swe ari ~a Office all questions related to this petition. Property Owner (s ) Signatures : oc 1 u 1-0'L!. DA _ 9ITYCLr I D,IN October 19, 2022 City of South Bend PLAN COMMISSION Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 1036 Lincoln Way East -PC#0126-22 Dear Committee Chair Hamann: County-City Building 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office [oc 1�22] DAWN .JONES CITY CLERK, SOUTH BENO, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your October 24th Council meeting and set it for public hearing at your November 28th Council meeting. The petition is tentatively scheduled for public hearing at the November 21, 2022, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: The Department of Redevelopment desires to rezone the property to open up better opportunities for redevelopment of the site. The small size and irregular shape of the parcel limits the possibility of redevelopment as an industrial use. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott 'Ford Commission President BILL NO. 65-22 Filed in Clerk's Office BILL NO.65-22 ORDINANCE NO. 10900-22 OCT 19 2f 22 CITY CLLERKnSOUTTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1036 LINCOLN WAY EAST, COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from I Industrial District to U3 Urban Neighborhood 3 to allow for future development of the site. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: A parcel of land located in Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana and more particularly described as follows: All of Lots F and G and that portion of Lots E and X lying South and East of Bowman Creek as well as the vacated alley lying West of Lots F and G. All of the above described property being a part of Wenger and Krieghbaugh's Vistula Avenue Addition to the City of South Bend, Indiana, recorded November 17, 1908, in Book 9, Page 100. LEGAL DESCRIPTION be and the same is hereby established as U3 Urban Neighborhood 3 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock . M. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock James Mueller, Mayor City of South Bend, Indiana TFiledClerk' s Office 1 g 2GZ2 DAWI IU. JONES CITY CLERK SOU H BEND, IN 2- City of South Bend PLAN COMMISSION Property Information Tax Key Number018-7017-067801 RECEIVED OCT 172022 Address: 1036 Lincoln Way East Owner: Department of Redevelopment City of South Bend Legal Description: A parcel of land located in Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana and more particularly described as follows: All of Lots F and G and that portion of Lots E and X lying South and East of Bowman Creek as well as the vacated alley lying West of Lots F and G. All of the above described property being a part of Wenger and Krieghbaugh's Vistula Avenue Addition to the City of South Bend, Indiana, recorded November 17, 1908, in Book 9, Page 100. 13 Project Summary The Department of Redevelopment desires to rezone the property to open up better opportunities for redevelopment of the site. The small size and irregular shape of the parcel limits the possibility of redevelopment as an industrial use. Requested Action Application includes (check all that apply) Rezoning Current District: I Industrial Additional Districts, if applicablE Proposed District U3 Urban Neighborhood 3 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan, 2) Current conditions and the character of the current structures and uses in each district, 3) The most desirable use for which the land in each district is adapted, 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested.- Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Filed in Clerk's Office 7OCT__1 19 202 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Property owner(s) of the petition site: Name: Department of Redevelopment City of South Bend Address: 227 W. Jefferson STE 1400 South Bend, IN 46601 Name: Address: Name: Address_ Contact Person: Name: Joseph Molnar Address. 227 W. Jefferson STE 1400 South Bend, IN 46601 Phone Number: 574-245-6022 E-mail: jrmolnar@southbendin.gov By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) SWnatures: 1%1 a Filed in Cl - er 0 iceiC ocl119 202? DAW CITY CLERK, so( N ]DJ N IV t October 19, 2022 City of South Bend PLAN COMMISSION Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 5110 Lindenwood Dr PC#0124-22 Dear Committee Chair Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office OCT 1 g 2022 DAWN M. JONESCITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your October 24th Council meeting and set it for public hearing at your November 28th Council meeting. The petition is tentatively scheduled for public hearing at the November 21st, 2022, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearin•g. The petitioner provided the following to describe the proposed project: The project consists of rezoning parcels 024-1006-0578 and 024-1006-057810 from U3 Urban Neighborhood 3 and S2 Suburban Neighborhood 2 District to S1 Suburban Neighborhood 1 District to facilitate a single family detached housing project. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 66-22 October 19, 2022 I CITY OF SOUTH BEND I COMMUNITY INVESTMENT Councilmember Rachel Tomas Morgan, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Dear Councilmember Tomas Morgan, r D, HJ Attached please find a proposal for a $2. 7 million forgivable economic development loan to support the transformation of a 68-acre site at the US 20 and US 31 intersection into the Indiana Dinosaur Museum, South Bend Chocolate Factory, and other amenities totaling more than $15 million in private investment. This transformative development would add an estimated 144 jobs and develop and exciting tourism destination that is projected to attract 150,000 visitors per year. The forgivable loan would be funded utilizing Tax Increment Financing funds, but requires approval of Common Council, Redevelopment Commission, and Economic Development Commission in order to be issued. The bond would be forgivable provided the Indiana Dinosaur Museum and South Bend Chocolate Factory open by June-30, 2024 and private investment exceeds $15.4 million. Sincerely, Caleb Bauer Acting Executive Director Department of Community Investment CC: Mark Tamer, South Bend Chocolate Company Sandra Kennedy, Corporation Counsel EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 67-22 BILL NO. 67-22 ORDINANCE NO. 10902-22 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO FUND ITS TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE, SERIES 2022 (SOUTH BEND CHOCOLATE DESTINATION PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO STATEMENT OF PURPOSE AND INTENT This ordinance authorizes the funding of the City of South Bend, Indiana ("City") Taxable Economic Development Revenue Note, Series 2022 (South Bend Chocolate Destination Project) issued in one or more series ("Series 2022 Note") in an amount not to exceed Two Million Seven Hundred Thousand Dollars ($2,700,000) ("Loan") and further approves and authorizes other actions in respect thereto. Indiana Code 36-7-11.9 and 12 (collectively, "Act") declares that the financing and refinancing of economic development facilities constitutes a public purpose and pursuant to the Act, the City is authorized to make loans for the purpose of financing, reimbursing or refinancing all or a portion of the costs of acquisition, construction, renovation, installation and equipping of economic development facilities in order to foster diversification of economic development and creation or retention of opportunities for gainful employment in or near the City. The South Bend Chocolate Company, Inc., an Indiana corporation, the Indiana Dinosaur Museum Inc., an Indiana nonprofit corporation, or an affiliate of either (collectively, the "Borrower") has proposed the development, construction, renovation, and equipping of three (3) buildings totaling I approximately 90,434 square feet of attraction, retail, restaurant, visitor center and tour -able chocolate factory space on real estate commonly known as 24762 and 24820 U.S. Highway 20, South Bend, Indiana 46628, along with its surrounding acreage to create a year -around attraction and destination for City residents and visitors and to support the development of Continental Divide Trail (collectively, the "Project"), all on the City's westside in or physically connected to the River West Development Area and the River West Development Area Allocation Area No. 1 as established by the South Bend Redevelopment Commission ("Redevelopment Commission"). The South Bend Economic Development Commission ("Commission") has rendered its Project Report regarding the issuance and funding of the Series 2022 Note from the City to the Borrower to finance a portion of the Project and the Project Report has been or will be submitted to the South Bend Area Plan Commission and the Superintendent of the South Bend Community School Corporation. The Commission conducted a public hearing and adopted a resolution and Project Report, which resolution and Project Report have been transmitted hereto, finding that the financing of a portion of the Project complies with the purposes and provisions of the Act and that such financing will be of benefit to the health and welfare of the City, its residents, and its visitors. The Commission has approved and recommended the adoption of this form of ordinance by this Common Council, has considered the issue of adverse competitive effect and has approved the forms of and has transmitted for approval by the Common Council the forgivable loan agreement between the City and the Borrower (including the form of the Series 2022 Note) dated as of the first day of the month the first Series 2022 Note is issued ("Loan Agreement"). The Redevelopment Commission has pledged Tax Increment (as defined in the Loan Agreement), junior and subordinate to the Outstanding Bonds (as defined in the Loan Agreement) and any bonds issued 2- in the future on a parity with the Outstanding Bonds on hand, or to be on hand, to the funding of the Series 2022 Note pursuant to and in accordance with the Loan Agreement. Forms of the Series 2022 Note and the Loan Agreement and a form of this proposed ordinance have been submitted to the Commission for its approval, which are incorporated by reference in the Commission's resolution following the Commission's public hearing, which resolution has been transmitted to the Common Council. Based upon the resolution adopted by the Commission pertaining to the Project, the Common Council hereby finds and determines that the financing and reimbursement approved by the Commission for the Project will be of benefit to the health and general welfare of the citizens of the City, complies with the provisions of the Act and the amount necessary to finance and reimburse a portion of the costs of the Project will require making the Loan and delivering the Series 2022 Note. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION I. It is hereby found, determined, ratified and confirmed that the financing and reimbursement of the Project, the making of the Loan to the Borrower to be evidenced by the Borrower's Series 2022 Note complies with the purposes and provisions of the Act and: (i) will result in the diversification of industry, the creation of business opportunities and the creation of opportunities for gainful employment within the jurisdiction of the City, (ii) will serve a public purpose, and will be of benefit to the health and general welfare of the City, (iii) complies with the purposes and provisions of the Act and it is in the public interest that the City take such lawful actions as determined to be necessary or desirable to encourage the diversification of industry, the creation or retention of business opportunities, and the creation or retention of opportunities for 3- gainful employment within the jurisdiction of the City, and (iv) will not have a material adverse competitive effect on any similar facilities already constructed or operating in or near the City. SECTION II. The substantially final form of the Loan Agreement shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the Clerk. In accordance with the provisions of IC 36-1-5-4, two (2) copies of the Loan Agreement are on file in the office of the Clerk for public inspection. SECTION III. The Project costs will be reimbursed to the Borrower from the Loan. The City shall fund the Loan from Tax Increment on hand, or to be on hand, junior and subordinate to the Outstanding Bonds and any bonds issued in the future on a parity with the Outstanding Bonds, pledged by the Redevelopment Commission to the Borrower in the maximum amount not to exceed Two Million Seven Hundred Thousand Dollars ($2,700,000), payable in one or more series provided that in no event shall the aggregate amount of the series exceed the actual cost of the Project. To the extent the respective representations in Section 2.20) of the Loan Agreement are met, payments on the respective series of the Loan shall be forgiven. If the respective representations in Section 2.20) are not met, the Loan shall not be forgiven. The Series 2022 Note shall not accrue interest at a rate in excess of four percent (4%). The Series 2022 Note shall never constitute a general obligation of, an indebtedness of, or charge against the general credit of the City. The Series 2022 Note shall not be subject to optional redemption prior to maturity. SECTION IV. The Mayor, Controller and the Clerk are authorized and directed to execute the Loan Agreement, and such other documents approved or authorized herein and any other document which may be necessary, appropriate or desirable to consummate the transactions contemplated by the Loan Agreement and this ordinance, and their execution is hereby confirmed on behalf of the City. The Mayor, Controller and Clerk are authorized to arrange for the delivery ME of such Series 2022 Note to the Borrower, payment for which will be made in the manner set forth in the Loan Agreement. The Mayor, Controller and Clerk may, by their execution of the Loan Agreement and any other documents requiring their signatures and imprinting of their facsimile signatures thereon, approve any and all such changes therein and also in the Loan Agreement and any other documents without further approval of this Common Council or the Commission if such changes do not affect terms set forth in Sections 27(a)(1) through and including (a)(10) of the Act. SECTION V. The provisions of this ordinance and the Loan Agreement shall constitute a contract binding between the City and the Borrower. SECTION VI. The Mayor, Controller or Clerk, or any other officer having responsibility with respect to the making of the Loan, evidenced by the Series 2022 Note, are authorized and directed, alone or in conjunction with any of the foregoing, or with any other officer, employee, consultant or agent of the City, to deliver a certificate for inclusion in the transcript of proceedings for the Series 2022 Note, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the Loan as of the funding date thereof. SECTION VII. No recourse under or upon any obligation, covenant, acceptance or agreement contained in this ordinance, the Loan Agreement or under any judgment obtained against the City, including without limitation the Commission or Redevelopment Commission, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise, or under any circumstances, under or independent of the Loan Agreement, shall be had against any member, director, or officer or attorney, as such, past, present, or future, of the City, including without limitation the Commission or Redevelopment Commission, either directly or through the City, or otherwise, for the payment for or to the City of any sum that may remain due and unpaid by the City upon any of such Series 2022 Note. Any 5- and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such member, director, or officer or attorney, as such, to respond by reason of any act or omission on his or her part or otherwise for, directly or indirectly, the payment for or to the City or any receiver thereof, or for or to any owner or holder of any sum that may remain due and unpaid upon the Series 2022 Note hereby secured shall be expressly waived and released as a condition of and consideration for the execution and delivery of the Loan Agreement and the issuance and funding of the Series 2022 Note. SECTION VIII. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. SECTION IX. All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. SECTION X. It is hereby determined that all formal actions of the Common Council relating to the adoption of this ordinance were taken in one or more open meetings of the Common Council, that all deliberations of the Common Council and of its committees, if any, which resulted in formal action, were in meetings open to the public, and that all such meetings were convened, held and conducted in compliance with applicable legal requirements, including Indiana Code 5- 14-1.5, as amended. SECTION XI. The Mayor, Controller. and Clerk, and any other officer of the City are hereby authorized and directed, in the name and on behalf of the City, to execute and deliver such further documents and to take such further actions as such person(s)deem(s) necessary or desirable to effect the purposes of this ordinance, and any such documents heretofore executed and delivered and any such actions heretofore taken, be, and hereby are, ratified and approved. rel SECTION XI. This ordinance shall be in full force and effect from and after its passage, approval by the Mayor and any notices required by law. The remainder of this page intentionally left blank] 7- Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m James Mueller, Mayor City of South Bend, Indiana Ch)rks 0ff ce r) AVv[1LCITY r,f r1rf if ii ..i LOAN AGREEMENT AMONG THE SOUTH BEND CHOCOLATE COMPANY, INC., INDIANA DINOSAUR MUSEUM INC., AND CITY OF SOUTH BEND, INDIANA Dated as of November 1, 2022 4854- 2813-5735.5 TABLE OF CONTENTS Page ARTICLE 1. DEFINITIONS AND EXHIBITS... .................. ................................................ 3 Section LL Terms Defined ................................................ --......... .......................................... 3 Section 1.2. Rules of Interpretation........................................................................................ 5 Section1.3. Exhibits............................................................................................................... 6 ARTICLE II. REPRESENTATIONS; LOAN OF TIF REVENUES ....................................... 7 Section 2.1. Representations by City..................................................................................... 7 Section 2.2. Representations by Borrower............................................................................. 7 Section 2.3. Series 2022 Note................................................................................................ 9 ARTICLE III. PARTICULAR COVENANTS OF THE BORROWER... ... ........................ - 10 Section 3.1. Forgiveness of Payment of Loan...................................................................... 10 Section 3.2. RESERVED........................................................................ I............................ 10 Section 3.3. Continuing Existence and Qualification.......................................................... 10 Section 3.4. Assignment, Sale or Other Disposition of Project ........................................... 10 Section3.5. Indemnity......................................................................................................... 10 Section 3.6. Issuance of Substitute Notes............................................................................ 10 Section 3.7. Payment of Expenses of Loan.......................................................................... 11 Section3.8. Reserved........................................................................................................... 11 Section 3.9. Other Amounts Payable by the Redevelopment Commission ......................... 11 Section 3.10. Completion of Project...................................................................................... 11 Section 3.11. Sale, Substitution, or Lease of the Facilities; Assignment of Loan Agreement. 11 ARTICLE IV. EVENTS OF DEFAULT AND REMEDIES THEREFOR 13 Section 4.1. Events of Default.............................................................................................. 13 Section 4.2. Remedies Cumulative...................................................................................... 13 Section 4.3. Delay or Omission Not a Waiver..................................................................... 14 Section 4.4. Waiver of Extension, Appraisement or Stay Laws .......................................... 14 Section 4.5. Remedies Subject to Provisions of Law........................................................... 14 Section 4.6. Rights of the City............................................................................................. 14 Section 4.7. Waiver of Events of Default............................................................................. 14 Section 4.8. Limitation of Liability...................................................................................... 15 Section 4.9. Force Majeure.................................................................................................. 15 ARTICLEV. IMMUNITY..................................................................................................... 16 Section5.1. Immunity.......................................................................................................... 16 ARTICLE VI. SUPPLEMENTS AND AMENDMENTS TO THIS LOAN AGREEMENT. 17 1 4854-2813-5735.5 Section 6.1. Supplements and Amendments to this Loan Agreement ................................. 17 ARTICLE VII. DEFEASANCE................................................................................................ 18 Section7.1. Defeasance....................................................................................................... 18 ARTICLE VIII. MISCELLANEOUS PROVISIONS................................................................ 19 Section 8.1. Termination by Borrower................................................................................. 19 Section 8.2. Dispute Resolution........................................................................................... 19 Section 8.3. Confidentiality.................................................................................................. 19 Section 8.4. Information Security........................................................................................ 19 Section 8.5. Loan Agreement for Benefit of Parties Hereto ................................................ 19 Section8.6. Severability....................................................................................................... 19 Section 8.7. Limitation on Interest....................................................................................... 20 Section 8.8. Addresses for Notice and Demands................................................................. 20 Section 8.9. Successors and Assigns.................................................................................... 21 Section8.10. Counterparts..................................................................................................... 21 Section8.11. Governing Law................................................................................................. 21 Section 8.12. Third -Party Beneficiary.................................................................................... 21 ii 4854-2813-5735.5 LOAN AGREEMENT This is a LOAN AGREEMENT dated as of November 1, 2022 ("Loan Agreement") among The South Bend Chocolate Company, Inc. an Indiana corporation duly organized and existing under the laws of the State of Indiana ("SBCC"), Indiana Dinosaur Museum Inc., an Indiana nonprofit corporation ("IDM" and jointly and severally with SBCC, the "Borrower"), and CITY OF SOUTH BEND, INDIANA ("City"), a political subdivision and municipal corporation duly organized and validly existing under the laws of the State of Indiana. PRELIMINARY STATEMENT Indiana Code, Title 36, Article 7, Chapters 11.9, 12 and 14, as in effect on the date the first series of the Series 2022 Note is funded (collectively, "Act"), have been enacted by the General Assembly of Indiana. The Act provides that a political subdivision may make direct loans to users or developers for the cost of acquisition, construction, or installation of economic development facilities, including infrastructure improvements, with such loans to be secured by the pledge of secured or unsecured debt obligations of the users or developers, for diversification of economic development and promotion of job opportunities in or near the City. The South Bend Redevelopment Commission ("Redevelopment Commission") adopted a declaratory resolution on February 23, 1990 establishing the Airport Economic Development Area and the Airport Economic Development Area Allocation Area No. 1 (" 1990 Declaratory Resolution"), which was effective as of that date and was confirmed by a confirmatory resolution adopted on June 27, 1990 ("1990 Confirmatory Resolution"). The South Bend Redevelopment Commission further adopted a declaratory resolution on April 16, 1993 establishing the Sample - Ewing Development Area and the Sample -Ewing Allocation Area (South Bend Allocation Area No. 8) (" 1993 Declaratory Resolution"), which was effective as of that date and was confirmed by a confirmatory resolution adopted on May 21, 1993 ("1993 Confirmatory Resolution" and collectively with the 1990 Declaratory Resolution, the 1990 Confirmatory Resolution, the 1993 Declaratory Resolution and the 1993 Confirmatory Resolution hereinafter referred to as the Original Declaratory Resolution"). The Redevelopment Commission on June 19, 2007, adopted an amending declaratory resolution, as further amended on August 28, 2014 and April 11, 2019 collectively, as amended, "Amending Declaratory Resolution"), as confirmed by an amending confirmatory resolution adopted on July 20, 2007, as further amended on November 10, 2014 and June 13, 2019 (collectively, "Amending Confirmatory Resolution" and collectively with the Original Declaratory Resolution, the Amending Declaratory Resolution and the Amending Confirmatory Resolution hereinafter referred to as the "Area Resolution"), removing, transferring, consolidating, expanding and renaming the consolidated and expanded area the River West Development Area ("Area"), as an economic development area under IC 36-7-14 and IC 36-7-25; The Area Resolution approved the economic development plan, as amended ("Plan") for the Area which Plan contained specific recommendations for economic development in the Area, and the Area Resolution removed, transferred, consolidated, expanded and renamed consolidated and expanded allocation area the River West Development Area Allocation Area No. 1 in accordance with IC 36-7-14-39 ("Allocation Area") for the purpose of capturing property taxes 4854-2813-5735.5 generated from the incremental assessed value of real and depreciable personal property located in the Allocation Area ("Tax Increment"). The City, upon finding that the Facilities (as hereinafter defined) and the proposed financing of the construction and reconstruction of the Project (as hereinafter defined) to support the Facilities will create additional employment opportunities in the City; will benefit the health, safety, morals, and general welfare of the citizens of the City and the State of Indiana; and will comply with the purposes and provisions of the Act, adopted an ordinance approving the proposed financing. In order to encourage economic development and promote significant opportunities for gainful employment, the City intends to fund a loan to the Borrower in an aggregate amount not to exceed $2,700,000 ("Loan"), to be evidenced by a Borrower's Taxable Economic Development Revenue Note, Series 2022A and B pursuant to the provisions of this Loan Agreement, to finance a portion of the cost of the Project to support the Facilities in or physically connected to the Area. This Loan Agreement provides for the payment of the Series 2022 Note by the Borrower and further provides for the Borrower's repayment obligation to be evidenced by a Series 2022 Note by each Borrower entity receiving funding to the extent of such funding received, substantially in the form attached hereto as Exhibit A-1 and Exhibit A-2. Subject to the further provisions of this Loan Agreement including Section 3.1, the Loan will be payable solely out of the payments to be made by the Borrower on the Series 2022 Note. In consideration of the premises, the Loan, the acceptance of the Series 2022 Note by the City, and of other good and valuable consideration, the receipt whereof is hereby acknowledged, the Borrower has executed and delivered this Loan Agreement. This Loan Agreement is executed upon the express condition that if the Borrower shall pay or cause to be paid all indebtedness hereunder (unless the Series 2022 Note is forgiven pursuant to Section 3.1 hereof) and shall keep, perform and observe all and singular the covenants and promises expressed in the Series 2022 Note, any other Notes (as hereinafter defined) and this Loan Agreement to be kept, performed and observed by the Borrower, then this Loan Agreement and the rights hereby granted shall cease, determine and be void; otherwise to remain in full force and effect. The Borrower and the City hereby covenant and agree as follows: 2 4854-2813-5735.5 ARTICLE I. DEFINITIONS AND EXHIBITS Section L I. Terms Defined. As used in this Loan Agreement, the following terms shall have the following meanings unless the context clearly otherwise requires: Act" means, collectively, Indiana Code 36-7-11.9, 12 and 14, as in effect on the date the first series of the Series 2022 Note is funded. Allocation Area" means River West Development Area No. L Area" means the River West Development Area. Authorized Representative" means, with respect to the Borrower, Mark Tamer or any other person certified by the President of the Borrower to be the Borrower's Authorized Representative and, with respect to the City, the Executive Director of the Department of Community Investment or any other person certified by the Mayor of the City to be the City's Authorized Representative. Authorizing Resolution" means Resolution No. -_ adopted by the South Bend Redevelopment Commission on October 13, 2022, authorizing the use of TIF Revenues on hand, or to be on hand, to fund the Series 2022 Note. Borrower" means SBCC and IDM or any affiliates, successors and/or assigns thereto permitted under Section 3.3 hereof. Business Day" means any day other than a Saturday, Sunday or holiday, on which commercial banks in the City are open for conducting substantially all of their banking activities. City" means South Bend, Indiana, or any successor thereto or assign thereof. Commission" means the South Bend Economic Development Commission. Counsel" means an attorney duly admitted to practice law before the highest court of any state, and, without limitation, may include legal counsel for either the City or the Borrower. Facilities" shall have the meaning set forth in the Project definition below. Loan" means the loan by the City to the Borrower. Note" or "Notes" means the Series 2022 Note, and any other note executed by the Borrower in connection with the Series 2022 Note, and any notes issued in exchange therefor pursuant (and subject) to Section 3.7 hereof. Note Counsel" means Ice Miller LLP or another a nationally recognized firm of municipal bond attorneys acceptable to the City and the Borrower. 3 4854-2813-5735.5 Outstanding Bonds" means the Redevelopment Commission's outstanding Indiana Bond Bank Special Program Bonds, Series 2011A (TIF A), Indiana Bond Bank Special Program Bonds, Series 2011A (TIF B), 2006 Main/Colfax Garage Lease, South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2015 (Refunding 2008), South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds, Series 2013 (Refunding 2008), South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2015, Redevelopment District Bonds, Series 2018, Taxable Economic Development Revenue Bonds, Series 2017 (Eddy Street Phase II), South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2019 (Double Tracking Project), Taxable Economic Development Tax Increment Revenue Bonds, Series 2020 Community Education Center Project), Building Corporation First Mortgage Revenue Refunding Bonds, Series 2012 (Police and Fire Station Projects) and any bonds issued in the future on a parity therewith. Project" means the development, construction, renovation, and equipping of three (3) buildings totaling approximately 90,434 square feet of attraction, retail, restaurant, visitor center and tour -able chocolate factory space ("Improvements") on real estate commonly known as 24762 and 24820 U.S. Highway 20, South Bend, Indiana 46628 ("Land" and together with the Improvements, the "Facilities"), along with its surrounding acreage to create a year -around attraction and destination for City residents and visitors and to support the development of Continental Divide Trail, all on the City's westside in or physically connected to the Area. Project Costs" with respect to the Project shall mean any and all costs permitted by the Act including, but not limited to: i) the "Note Issuance Costs," namely the reasonable third -party costs, fees and expenses incurred or to be incurred by the City in connection with the Loan, the reasonable fees of disbursements of the City's municipal advisor, application fees and expenses, publication costs, the filing and recording fees in connection with any necessary filings or recordings or to perfect the lien thereof, the out-of-pocket costs of the City, the reasonable fees and disbursements of Counsel to the City, the reasonable fees and expenses of Note Counsel, the costs of preparing or printing the Series 2022 Note and the documentation supporting the Loan, the costs of reproducing documents and any other costs of a similar nature reasonably incurred; ii) design costs and other expenses directly related to the construction and equipping of the Project; iii) the cost of insurance of all kinds that may be required or necessary in connection with the construction or equipping of the Project; iv) all costs and expenses which Borrower shall be required to pay, under the terms of any contract or contracts (including the architectural and engineering, development, and legal services with respect thereto), for the construction of the Project; and v) any sums required to reimburse the Borrower for advances made subsequent to the date the first series of the Series 2022 Note is funded for any of the above items or 4 4854-2813-5735.5 for any other costs previously incurred and for work done by Borrower which are properly chargeable to the Project. Redevelopment Commission" means the South Bend Redevelopment Commission. Series 2022 Note" means the Series 2022A Note and Series 2022B Note of each Borrower in the aggregate maturity amounts of $2,700,000 in substantially the forms attached hereto as Exhibit A-1 and Exhibit A-2 which will be issued and delivered by the Borrower to the City to evidence the Loan in the respective amounts due by IDM and SBCC and any Note issued in exchange for the Series 2022 Note pursuant to Section 3.7 hereof. As set forth in Section 2.2(i) hereof, the Series 2022 Note will be drawn in an aggregate amount not to exceed $2,700,000 as set forth in Section 2.2(i). Series 2022 Note A" means the Series 2022 Note delivered by IDM in the form attached hereto as Exhibit A-1 in the maximum amount of [$1,700,000]. Series 2022 Note B" means the Series 2022 Note delivered by SBCC in the form attached hereto as Exhibit A-2 in the maximum amount of [$1,000,000]. State" means the State of Indiana. Tax Increment" has the meaning set forth in the Recitals. Written Request" means a request in writing from an authorized representative of the party making the request. Section 1.2. Rules of Interpretation. For all purposes of this Loan Agreement, except as otherwise expressly provided, or unless the context otherwise requires: a) "This Loan Agreement" means this instrument as originally executed and as it may from time to time be supplemented or amended pursuant to the applicable provisions hereof. b) All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and other subdivisions of this instrument as originally executed. The words "herein," "hereof' and "hereunder" and other words of similar import refer to this Loan Agreement as a whole and not to any particular Article, Section or other subdivision. c) The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular and the singular as well as the plural. d) All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles as consistently applied. e) The terms defined elsewhere in this Loan Agreement shall have the meanings therein prescribed for them. 5 4854-2813-5735.5 Section 1.3. Exhibits. The following Exhibits are attached to and by reference made a part of this Loan Agreement. Exhibit A-1. Form of Series 2022A Note of IDM Exhibit A-2. Form of Series 2022B Note of SBCC End of Article I) 6 4854-2813-5735.5 ARTICLE II. REPRESENTATIONS; LOAN OF TIF REVENUES Section 2.1. Representations by City. The City represents and warrants that: a) The City is a political subdivision duly organized and validly existing under the laws of the State. Under the provisions of the Act, the City has been authorized by action of its governing body to enter into the transactions contemplated by this Loan Agreement and to carry out its obligations hereunder. b) The City agrees to make the Loan for the purpose of financing a portion of the construction or reconstruction of the Project for the benefit of the Borrower, to benefit the health, safety, morals and general welfare of the citizens of the City, increase economic well-being of the State, promote job opportunities and attract major new businesses. Section 2.2. Representations by Borrower. Borrower represents and warrants that: a) IDM is a nonprofit corporation duly incorporated under the laws of the State of Indiana, validly exists and authorized to do business under the laws of the State, is not in violation of any provision of its Articles of Incorporation and Bylaws, has not received notice and has no reasonable grounds to believe that it is in violation of any laws in any manner material to its ability to perform its obligations under this Loan Agreement and the Series 2022A Note, has the power to enter into and to perform its obligations under this Loan Agreement and the Series 2022A Note, and has duly authorized the execution and delivery of this Loan Agreement and the Series 2022A Note by appropriate corporate action. b) SBCC is a corporation duly incorporated under the laws of the State of Indiana, validly exists and authorized to do business under the laws of the State, is not in violation of any provision of its Articles of Incorporation and Bylaws, has not received notice and has no reasonable grounds to believe that it is in violation of any laws in any manner material to its ability to perform its obligations under this Loan Agreement and the Series 2022B Note, has the power to enter into and to perform its obligations under this Loan Agreement and the Series 2022B Note, and has duly authorized the execution and delivery of this Loan Agreement and the Series 2022B Note by appropriate corporate action. c) The Borrower anticipates creating up to approximately 144 new full time job opportunities. The Borrower and its affiliates shall cause a total investment of up to approximately 15,400,000 with $13,500,000 currently estimated to be in real property (exclusive of land costs) and $1,900,000 currently estimated to be in depreciable personal property. d) All of the proceeds from the Series 2022 Note (including any income earned on the investment of such proceeds) provided to the Borrower will be used solely for Project Costs. e) The Borrower intends to develop, construct and operate or cause the Facilities to be developed, constructed and operated as an economic development facility under the Act until the expiration or earlier termination of this Loan Agreement as provided herein, unless the Borrower has sold or otherwise transferred the Facilities to a Surviving Corporation (as hereinafter 7 4854-2813-5735.5 defined) in accordance with Section 3.3 or assigned this Loan Agreement in accordance with Section 3.11 of this Loan Agreement. f) Neither the execution and delivery of this Loan Agreement, the consummation of the transactions contemplated hereby including execution and delivery of the Series 2022 Note nor the fulfillment of or compliance with the terms and conditions of this Loan Agreement, will contravene the Borrower's Articles of Incorporation or any law or any governmental rule, regulation or order presently binding on the Borrower or conflicts with or results in a breach of the terms, conditions or provisions of any agreement or instrument to which Borrower is now a party or by which it is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any liens, charges, or encumbrances whatsoever upon any of the property or assets of Borrower under the terms of any instrument or agreement. g) The execution, delivery and performance by the Borrower of this Loan Agreement and the Series 2022 Note do not require the consent or approval of the giving of notice to, the registration with, or the taking of any other action in respect of, any federal, state or other governmental authority or agency, not previously obtained or performed. h) Assuming the due authorization, execution and delivery thereof by the other parties thereto, this Loan Agreement and the Series 2022 Note have been duly executed and delivered by the Borrower and constitute the legal, valid and binding agreements of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights in general. i) No event has occurred and is continuing which with the lapse of time or the giving of notice would constitute an event of default under this Loan Agreement or the Series 2022 Note. j) Upon receipt by the City of evidence from the lender of Borrower that Borrower has secured and closed additional funding that when combined with the Loan is sufficient to complete the construction of the Facilities, (1) IDM may draw, under the Series 2022A Note, up to [$1,700,000], for the purpose of paying (or reimbursing IDM) for improvements, equipment, exhibit or other site or infrastructure costs necessary or advisable for IDM to commence operations and open at the Project site ("IDM Opening") and (2) SBCC may draw, under the Series 2022B Note, up to [$1,000,000], for the purpose of paying (or reimbursing SBCC) for tenant improvements, equipment, and other site or infrastructure other costs necessary or advisable for SBCC to commence operations at the Project site, including but not limited to the opening the anticipated retail, restaurant, visitors and exhibit areas ("SBCC Opening"). Upon the written request of an Authorized Representative of Borrower, funds under a Series 2022 Note shall be disbursed from the City to the Borrower pursuant to payment applications that list the vendor, the dollar amount and the description of the Project Costs (a "Pay Application"), which funds shall be disbursed to Borrower within thirty (30) days of the City's receipt of a complete Pay Application in a form reasonably acceptable to the City and the availability of any supporting documentation reasonably requested by the City to properly review.the Pay Application and confirm the Project Costs. In no event shall the aggregate draws exceed the actual cost of the Project. Upon (i) the completion of the Facilities, (ii) proof to the City's satisfaction of the expenditure of the total investment set forth in Section 2.2(c), and (iii) the IDM Opening, as evidenced by an Affidavit of 4854-2813-5735.5 Completion executed by IDM and accepted by the City, the Series 2022A Note shall be considered forgiven. Upon (i) the completion of the Facilities, (ii) proof to the City's satisfaction of the expenditure of the total investment set forth in Section 2.2(c), and (iii) the SBCC Opening, as evidenced by an Affidavit of Completion executed by SBCC and accepted by the City, the Series 2022B Note shall be considered forgiven. Section 2.3. Series 2022 Note. Concurrently with the execution and delivery hereof, the City is authorizing the Loan to the Borrower and will fund each series of the Loan at such time or times as the representation in Section 2.20) has been met. The Loan is being evidenced by the execution and delivery by the Borrower of the Series 2022 Note substantially in the form attached hereto as Exhibit A-1 and Exhibit A-2. End of Article II) 9 4854-2813-5735.5 ARTICLE III. PARTICULAR COVENANTS OF THE BORROWER Section 3.1. Forgiveness of Payment of Loan. To the extent the applicable representations and conditions in Section 2.20) are met, payment on the respective Series 2022 Note shall be forgiven immediately and the respective Series 2022 Note shall be considered paid and of no further force or effect. If the representation in Section 2.20) is not met, the Loan shall remain in effect and be payable upon the maturity date set forth in each Section 2022 Note. Section 3.2. RESERVED. Section 3.3. Continuing Existence and Qualification. The Borrower covenants that so long as any Note is outstanding, it (a) will maintain in good standing its corporate existence and qualification to do business in the State, and (b) will not (1) dissolve or otherwise dispose of all or substantially all of its assets and (2) consolidate with or merge into another entity or permit one or more other entities to consolidate with or merge into it; provided that the Borrower may, without violating its agreement contained in this Section, consolidate with or merge into another corporation or other entity, or permit one or more other corporations or other entities to consolidate with or merge into it, or sell or otherwise transfer to another corporation or entity all or substantially all of its assets as an entirety and thereafter dissolve, provided the surviving, resulting or transferee entity (such corporation being hereinafter called the "Surviving Corporation") (if other than the Borrower) expressly accepts, agrees and assumes in writing to pay and perform all of the obligations of the Borrower herein and be bound by all of the agreements of the Borrower contained in this Loan Agreement to the same extent as if the Surviving Corporation had originally executed this Loan Agreement, and the Surviving Corporation is an Indiana corporation or is a foreign corporation or partnership, trust or other person or entity organized under the laws of one of the states of the United States and is qualified to do business in the State of Indiana as a foreign corporation or partnership, trust or other person or entity. Section 3.4. Assignment, Sale or Other Disposition of Project. Until the Loan is repaid or deemed forgiven) in full, any sale, lease or other disposition of the Facilities or any portion thereof is subject to the conditions of Section 3.11 hereof. Section 3.5. Indemnity. The Borrower will pay, protect, defend, indemnify and save the City, the Commission and the Redevelopment Commission harmless from and against, all liabilities, losses, damages, costs, expenses (including attorneys' fees and expenses of the City), causes of actions, suits, claims, demands and judgments of any nature arising from or relating to the Project, provided, that the liability of Borrower under this Section 3.5 shall be limited to the amount of the Loan actually received by Borrower as of the date of the alleged breach of the terms of this Loan Agreement. If any proceeding is instituted for which indemnity may be sought under this Section 3.5, the party that may seek such indemnity shall notify the Borrower and the City in writing in a timely manner to allow the Borrower to defend any action or claim in such proceeding. Section 3.6. Issuance of Substitute Notes. Upon the surrender of any Note, the Borrower will execute and deliver to the holder thereof a new Note dated the date of the Note being surrendered but with appropriate notations thereon to reflect payments of principal already paid 10 4854-2813-5735.5 on such Note; provided, however, that there shall never be outstanding at any one time more than one Note of any one series. Section 3.7. Payment of Expenses of Loan. The Note Issuance Costs (as defined under Project Costs" in Article I hereof) will be paid by the Borrower on the date the first series of the Loan is funded. Section 3.8. Reserved. Section 3.9. Other Amounts Payable by the Redevelopment Commission. The Redevelopment Commission covenants and agrees to pay the following: a) All reasonable out-of-pocket costs incurred by the City incident to the payment of the Series 2022 Note as the same become due and payable. b) An amount sufficient to reimburse the City and Commission for all expenses reasonably incurred by the City under this Loan Agreement and in connection with the performance of its obligations under this Loan Agreement. c) All reasonable expenses incurred in connection with the enforcement of any rights under this Loan Agreement by the City. Section 3.10. Completion_of_Project. The Borrower agrees that it will use reasonable efforts to cause to be made, executed, acknowledged and delivered any contracts, orders, receipts, writings and instructions with any other persons, firms, corporations or partnerships and in general do all things which may be requisite or proper, all for constructing and completing the Project, to the extent permitted by law, on or about June 30, 2024. If the moneys comprising the Loan should not be sufficient to pay in full the costs of the construction of the Project, the Borrower agrees, for the benefit of the City and to fulfill the purposes of the Act, to use commercially reasonable efforts to cause the completion of the construction of the Project and to pay or cause to be paid that portion of the costs therefor as may be in excess of the moneys available therefor. The City does not make any warranty, either express or implied, that the moneys will be available for payment of the costs of the construction of the Project, will be sufficient to pay all the costs which will be incurred in that connection. The Borrower shall not be entitled to any reimbursement therefor from the City, nor shall it be entitled to any diminution in or abatement or postponement of the amounts payable hereunder or under the Series 2022 Note. Section 3.11. Sale, Substitution, or Lease of the Facilities; Assignment of Loan Agreement. The Borrower, subject to the written consent of the City (which consent shall not be unreasonably withheld, conditioned or delayed), may sell, lease or transfer or otherwise dispose of the Facilities or any portion thereof only if the sale, lease or transfer or other disposition shall not relieve the Borrower from liability from the performance of all of the obligations of this Loan Agreement, except as permitted by Section 3.4 hereof, unless the transferee accepts, agrees and assumes in writing to pay and perform all of the obligations of the Borrower herein and be bound by all of the agreements of the Borrower contained in this Loan Agreement to the same extent as if the transferee had originally executed this Loan Agreement. Notwithstanding the foregoing, 11 4854-2813-5735.5 Borrower may assign this Loan Agreement to an Affiliate (as defined below) or in connection with any merger, reorganization, sale of all or substantially all of our assets or any similar transaction. This Loan Agreement will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns. `Affiliate' as used herein means (i) any entity that directly or indirectly controls, is controlled by, or is under common control with Borrower or ii) in which SBCC Development Corp. is the owner of 51 % or more of the direct or indirect beneficial interests and/or is directly or indirectly controlled, controlling or under common control with Mark Tamer. By way of clarification, notwithstanding any provision in this Agreement to the contrary the making of the Loan (and the forgiveness of the Note) under the provisions of this Agreement shall not be contingent upon the Borrower having commenced or completed any particular portions of Facilities by the date of the Loan (or the date of forgiveness of the Note) provided Borrower has otherwise performed its applicable obligations with respect to the Project. End of Article III) 12 4854-2813-5735.5 ARTICLE IV. EVENTS OF DEFAULT AND REMEDIES THEREFOR Section 4.1. Events of Default. (a) The occurrence and continuance of any of the following events shall constitute an "event of default" hereunder: i) Failure of the Borrower to observe and perform any covenant, condition or provision of this Loan Agreement for a period of one -hundred twenty (120) days after written notice, specifying such failure and requesting that it be remedied, given to the Borrower by the City, unless (i) the nature of the default is such that it cannot be remedied within the one -hundred twenty (120) day period, (ii) the Borrower institutes corrective action within the one -hundred twenty (120) day period and (iii) the Borrower diligently pursues such action until the default is remedied. ii) Failure of the City to fund all or any series of the Loan in accordance with this Loan Agreement for a period of thirty (30) days after the dates set forth herein and receipt of written notice, specifying such failure and requesting that it be remedied, given to the City by the Borrower, unless (i) the City institutes corrective action within the thirty 30) day period and (ii) the City diligently pursues such action until the default is remedied provided such remedy shall occur no less than sixty (60) days after notice is received. b) Subject to the further provisions of this Article IV, during the occurrence and continuance of any event of default hereunder, the City or Borrower, as the case may be, shall have the rights and remedies hereinafter set forth in addition to any other remedies herein or by law provided: i) Right to Bring Suit, Etc. The City or Borrower, with or without entry, personally or by attorney, may proceed to protect and enforce its rights by a suit or suits in equity or at law, whether for damages or for the specific performance of any covenant or agreement contained in the Series 2022 Note or this Loan Agreement, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable remedy, as the City or Borrower shall deem most effectual to protect and enforce any of its rights or duties hereunder; provided, however that all reasonable costs incurred by the City or Borrower under this Article shall be paid to the City or Borrower by the Borrower or City, respectively, on demand. ii) Waiver of Events of Default. If after any event of default occurs and prior to the City or Borrower exercising any of the remedies provided in this Loan Agreement, the Borrower or City, as the case may be, will have completely cured such default or the City or Borrower has waived such default, then in every case such default will be waived, rescinded and annulled by the City or Borrower by written notice given to the Borrower or City. No such waiver, annulment or rescission will affect any subsequent default or impair any right or remedy consequent thereon. Section 4.2. Remedies Cumulative. No remedy herein conferred upon or reserved to the City or Borrower is intended to be exclusive of any other remedy or remedies provided herein. The 13 4854-2813-5735.5 remedies set forth in this Section are the sole and exclusive remedies of the City against Borrower under this Loan Agreement. Section 4.3. Delay or Omission Not a Waiver. No delay or omission of the City or Borrower to exercise any right or power accruing upon any event of default shall impair any such right or power, or shall be construed to be a waiver of any such event of default or an acquiescence therein. Section 4.4. Waiver of Extension, Appraisement or Stay Laws. To the extent permitted by law, neither the Borrower nor the City will during the continuance of any event of default hereunder insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Loan Agreement; and the Borrower and City hereby expressly waive all benefits or advantage of any such law or laws and covenants not to hinder, delay or impede the execution of any power herein granted to the City or Borrower, respectively, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. Section 4.5. Remedies Subject to Provisions of Law. All rights, remedies and powers provided by this Article may be exercised only to the extent that the exercise thereof does not violate any applicable provision of law in the premises, and all the provisions of this Article are intended to be subject to all applicable mandatory provisions of law which may be controlling in the premises and to be limited to the extent necessary so that they will not render this Loan Agreement invalid or unenforceable under the provisions of any applicable law. Section 4.6. Rights of the City. If there shall be pending proceedings for the bankruptcy or for the reorganization of the Borrower under the United States Bankruptcy Code or any other applicable law, or in case a receiver, trustee, or custodian shall have been appointed for the property of the Borrower, or in the case of any other similar judicial proceedings relative to the Borrower, or to the creditors or property of the Borrower, the City shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount owing and unpaid pursuant to the Loan Agreement and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the City allowed in such judicial proceedings relative to the Borrower, its creditors, or its property, and to collect and receive any moneys or other property payable or deliverable on any such claims, and to distribute the same after the deduction of its charges and expenses; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized to make such payments to the City, and to pay to the City any amount due it for compensation and expenses, including reasonable counsel fees and expenses incurred by it to the date of such distribution. Section 4.7. Waiver of Events of Default. If after any event of default shall have occurred under this Loan Agreement and prior to the City or Borrower exercising any of the remedies provided in this Article, the Borrower or City, as the case may be, shall have completely cured such default, such default may be waived at the discretion of the City or Borrower and, if so waived, shall be rescinded and annulled by the City or Borrower by written notice given to the Borrower or City, respectively. 14 4854-2813-5735.5 Section 4.8. Limitation of Liability. The City agrees and acknowledges that Borrower's representations, warranties, covenants, agreements and performance obligations under this Loan Agreement are limited to and apply exclusively to the operations of Borrower at the Project site and any determination as to whether Borrower is in default of this Loan Agreement will be limited to Borrower's operations at the Project site. Section 4.9. Force Majeure. A party will not be deemed to be in default or otherwise in violation of any term of this Loan Agreement to the extent such party's action, inaction or omission is the result of Force Majeure Event (as defined below). The City and Borrower agree to use commercially reasonable efforts to promptly resolve any Force Majeure Event that adversely and materially impacts their performance under this Loan Agreement. A force majeure event pauses a party's performance obligation for the duration of the event but does not excuse it. "Force Majeure Event" means any event or occurrence that is not within the control of such party or its affiliates and prevents a party from performing its obligations under this Loan Agreement, including without limitation, any act of God; pandemic; act of a public enemy; war; riot; sabotage; blockage; embargo; failure or inability to secure materials, supplies or labor through ordinary sources by reason of shortages or priority; labor strike, lockout or other labor or industrial disturbance whether or not on the part of agents or employees of either party); civil disturbance; terrorist act; power outage; fire, flood, windstorm, hurricane, earthquake or other casualty; any law, order, regulation or other action of any governing authority; any action, inaction, order, ruling moratorium, regulation, statute, condition or other decision of any governmental agency having jurisdiction over the party hereto, over the Project or over a party's operations. End of Article IV) 15 4854-2813-5735.5 ARTICLE V. IMMUNITY Section 5.1. Immunity. No covenant or agreement contained in this Loan Agreement shall be deemed to be a covenant or agreement of any member of the City, the Commission or the Redevelopment Commission or of any officer or employee of the City, the Commission, the Redevelopment Commission or their legislative and fiscal bodies in his or her individual capacity, and neither the members of the City, the Commission, the Redevelopment Commission nor any officer or employee of the City executing the Loan Agreement shall be liable personally on the Loan or be subject to any personal liability or accountability by reason of the Loan. End of Article V) 16 4854-2813-5735.5 ARTICLE VI. SUPPLEMENTS AND AMENDMENTS TO THIS LOAN AGREEMENT Section 6.1. Supplements and Amendments to this Loan Agreement. The Borrower and the City may from time to time enter into such supplements and amendments to this Loan Agreement as to them may seem necessary or desirable to effectuate the purposes or intent hereof. End of Article VI) 17 4854-2813-5735.5 ARTICLE VII. DEFEASANCE Section 7.1. Defeasance. If the Loan is funded and repayment of the Series 2022 Note is forgiven pursuant to the terms of this Loan Agreement, then and in that case, all property, rights and interest hereby conveyed or assigned or pledged shall revert to the Borrower, and the estate, right, title and interest of the City therein shall thereupon cease, terminate and become void; and this Loan Agreement, and the covenants of the Borrower contained herein, shall be discharged and the City in such case on demand of the Borrower and at its cost and expense, shall execute and deliver to the Borrower a proper instrument or proper instruments acknowledging the satisfaction and termination of this Loan Agreement, and shall convey, assign and transfer or cause to be conveyed, assigned or transferred, and shall deliver or cause to be delivered, to the Borrower, all property, including money, then held by the City together with the Series 2022 Note marked paid or cancelled. End of Article VII) 18 4854-2813-5735.5 ARTICLE VIII. MISCELLANEOUS PROVISIONS Section 8.1. Termination by -Borrower. Borrower has the right to terminate this Loan Agreement for any reason or no reason by delivering notice to the City at least 5 business days prior to the desired termination date. Section 8.2. Dispute Resolution. The Borrower and the City ("Parties") shall use their best efforts to resolve quickly and informally any disputes that could impede performance of the Parties' obligations under this Loan Agreement. If the Parties are not able to resolve a dispute through such informal efforts, the dispute shall be resolved by mediation in accordance with the Indiana Rules of Dispute Resolution. Such mediation shall be a condition precedent to a Party commencing litigation against the other Party. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana, without giving effect to its conflict of law rules. Any litigation commenced by a Party related to or arising out of this Agreement must be filed in the state courts of St. Joseph County, Indiana. The Parties further consent to the personal jurisdiction by said courts over it and hereby expressly waive, in the case of any such action, any defenses thereto based on jurisdictions, venue or forum non conveniens. Section 8.3. Confidentiality. Borrower acknowledges that portions of this Loan Agreement and the materials, communications, data and information related to this Loan Agreement may constitute public records subject to disclosure under the State's public records laws and agrees that the City may disclose such portions of this Loan Agreement and the materials, communications, data and information related to this Loan Agreement as required by law, provided that the City gives Borrower prior written notice sufficient (in no event less than 7 calendar days) to allow Borrower to review any request for public record and make a recommendation to the City concerning its response to any request for public records related to this Loan Agreement. Section 8.4. Information Security. The City agrees to use reasonable physical and technical measures to maintain the security of all electronic and tangible records relating to this Loan Agreement. Section 8.5. Loan Agreement for Benefit o_ f Parties Hereto. Nothing in this Loan Agreement, express or implied, is intended or shall be construed to confer upon, or to give to, any person other than the parties hereto, their successors and assigns and the holder of the Series 2022 Note, any right, remedy or claim under or by reason of this Loan Agreement or any covenant, condition or stipulation hereof; and the covenants, stipulations and agreements in this Loan Agreement contained are and shall be for the sole and exclusive benefit of the parties hereto, their successors and assigns and the holder of the Series 2022 Note. Section 8.6. Severability. If any one or more of the provisions contained in this Loan Agreement or in the Series 2022 Note shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein, shall not in any way be affected or impaired thereby. 19 4854-2813-5735.5 Section 8.7. Limitation on Interest. No provisions of this Loan Agreement or of the Series 2022 Note shall require the payment or permit the collection of interest in excess of the maximum permitted by law. If any excess of interest in such respect is herein or in the Series 2022 Note provided for, or shall be adjudicated to be so provided for herein or in the Series 2022 Note, neither the Borrower nor its successors or assigns shall be obligated to pay such interest in excess of the amount permitted by law, and the right to demand the payment of any such excess shall be and hereby is waived, and this provision shall control any provisions of this Loan Agreement and the Note inconsistent with this provision. Section 8.8. Addresses for Notice and Demands. All notices, demands, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, postage prepaid, with proper address as indicated below. The City and the Borrower may, by written notice given by each to the others, designate any address or addresses to which notices, demands, certificates or other communications to them shall be sent when required as contemplated by this Loan Agreement. Until otherwise provided by the respective parties, all notices, demands certificates and communications to each of them shall be addressed as follows: To the City: City of South Bend, Indiana 227 W. Jefferson Blvd, Suite 1400 South Bend, IN 46601 Attention: Executive Director of Community Investment With a copy to: City of South Bend, Indiana 227 W. Jefferson Blvd, Suite 1400 South Bend, IN 46601 Attention: Corporation Counsel To the Redevelopment Commission: To the Borrower: With a copy to: South Bend Redevelopment Commission 227 W. Jefferson Blvd, Suite 1400 South Bend, IN 46601 Attention: President The South Bend Chocolate Company, Inc. 3300 W. Sample Street South Bend, IN 46619 Attention: President Indiana Dinosaur Museum Inc. 24820 U.S. Highway 20 South Bend, IN 46628 Attention: Executive Director Ice Miller LLP One American Square, Suite 2900 Indianapolis, IN 46282 Attention: Lisa Lee 20 4854-2813-5735.5 Section 8.9. Successors and Assigns. Whenever in this Loan Agreement any of the parties hereto is named or referred to, the successors and assigns of such party shall be deemed to be included and all the covenants, promises and agreements in this Loan Agreement contained by or on behalf of the Borrower, or by or on behalf of the City, shall bind and inure to the benefit of the respective successors and assigns, whether so expressed or not. Section 8.10. Counterparts. This Loan Agreement is being executed in any number of counterparts, each of which is an original and all of which are identical. Each counterpart of this Loan Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed but one instrument. Section 8.11. Governing Law. It is the intention of the parties hereto that this Loan Agreement and the rights and obligations of the parties hereunder and the Series 2022 Note and the rights and obligations of the parties thereunder, shall be governed by and construed and enforced in accordance with, the laws of the State. Section 8.12. Third -Party Beneficiary. The parties hereto acknowledge and agree that the terms of this Loan Agreement may be enforced by the Redevelopment Commission. The Redevelopment Commission shall be deemed to be a third -party beneficiary of this Loan Agreement. Except as provided in the foregoing sentence and as specifically set forth herein, nothing in this Loan Agreement is intended to confer any rights or remedies under or by reason of this Loan Agreement on any person or entity other than the parties hereto and their successors and permitted assigns. End of Article VIII) 21 4854-2813-5735.5 IN WITNESS WHEREOF, the City has caused this Loan Agreement to be executed in its name by its authorized officers and has caused its corporate seal to be hereunto affixed, and the Borrower has caused this Loan Agreement to be executed in their names, all as of the date first above written. THE SOUTH BEND CHOCOLATE COMPANY, INC., an Indiana corporation Mark Tamer, President INDIANA DINOSAUR MUSEUM INC., an Indiana nonprofit Printed: Title: 22 4854-2813-5735.5 ATTEST: Dawn Jones, City Clerk Attest: I0 Troy Warner, Secretary CITY OF SOUTH BEND, INDIANA James Mueller, Mayor Daniel Parker, City Controller ACKNOWLEDGED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, as Third - Party Beneficiary Marcia Jones, President This instrument prepared by Lisa A. Lee, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282. 23 4854-2813-5735.5 EXHIBIT A-1 FORM OF INDIANA DINOSAUR MUSEUM INC. TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE SERIES 2022A NOTE Issue Date: November , 2022 Original Principal: Up to [$1,700,000] Maturity Date: [November , 2030 Interest Rate: [3.28]% FOR VALUE RECEIVED, the undersigned, Indiana Dinosaur Museum Inc. ("Borrower"), a nonprofit corporation incorporated and existing under the laws of the State of Indiana and authorized to do business under the laws of the State of Indiana, hereby promises to pay to the order of City of South Bend, Indiana ("City"), in immediately available funds, the interest and principal due under the Loan Agreement, dated as of November 1, 2022, between the City and Borrower ("Loan Agreement"), upon maturity, to extent all or a portion of the principal and interest payable under this Series 2022A Note is not forgiven pursuant to the Loan Agreement, at such place as the City may direct, in immediately available funds based upon the outstanding principal amount drawn on this Note, which shall not to exceed [$1,700,000]. In certain events and in the manner set forth in the Loan Agreement, payments due under this Series 2022 Note are entitled to forgiveness. This Series 2022A Note is issued pursuant to the Loan Agreement, and is entitled to the benefits, and is subject to the conditions thereof. The Borrower's obligations under this Series 2022A Note are subject in all respects to the further provisions of the Loan Agreement. This Note is the Note referred to in the Loan Agreement and is subject to, and is executed in accordance with, all of the terms, conditions and provisions thereof, including those respecting prepayments. In any case where the date of payment hereunder shall not be on a Business Day (as defined in the Loan Agreement), then such payment shall be made on the next succeeding Business Day with the same force and effect as if made on the date of payment hereunder. All terms used in this Note which are defined in the Loan Agreement shall have the meanings assigned to them in the Loan Agreement. Remainder ofpage intentionally left blank.] 4854-2813-5735.5 IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed and attested by its duly authorized officers or representatives. Dated the Issue Date set forth above. INDIANA DINOSAUR MUSEUM INC., an Indiana nonprofit corporation LIM Printed: 4854-2813-5735.5 EXHIBIT A-2 FORM OF THE SOUTH BEND CHOCOLATE COMPANY, INC. TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE SERIES 2022B NOTE Issue Date: November , 2022 Original Principal: [$1,000,000] Maturity Date: November, 2030 Interest Rate: [3.28]% FOR VALUE RECEIVED, the undersigned, The South Bend Chocolate Company, Inc. Borrower"), an Indiana corporation incorporated and existing under the laws of the State of Indiana and authorized to do business under the laws of the State of Indiana, hereby promises to pay to the order of City of South Bend, Indiana ("City"), in immediately available funds the interest and principal due under the Loan Agreement, dated as of November 1, 2022, between the City and Borrower ("Loan Agreement"), upon maturity, to extent all or a portion of the principal and interest payable under this Series 2022B Note is not forgiven pursuant to the Loan Agreement, at such place as the City may direct, in immediately available funds based upon the outstanding principal amount drawn on this Note, which shall not to exceed [$1,000,000]. In certain events and in the manner set forth in the Loan Agreement, payments due under this Series 2022B Note are entitled to forgiveness. This Series 2022B Note is issued pursuant to the Loan Agreement, and is entitled to the benefits, and is subject to the conditions thereof. The Borrower's obligations under this Series 2022 Note are subject in all respects to the further provisions of the Loan Agreement. This Note is the Note referred to in the Loan Agreement and is subject to, and is executed in accordance with, all of the terms, conditions and provisions thereof, including those respecting prepayments. In any case where the date of payment hereunder shall not be on a Business Day (as defined in the Loan Agreement), then such payment shall be made on the next succeeding Business Day with the same force and effect as if made on the date of payment hereunder. All terms used in this Note which are defined in the Loan Agreement shall have the meanings assigned to them in the Loan Agreement. Remainder ofpage intentionally left blank] 4854-2813-5735.5 IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed and attested by its duly authorized officers or representatives. Dated the Issue Date set forth above. THE SOUTH BEND CHOCOLATE COMPANY, INC., an Indiana nonprofit corporation Printed: Title: AV!i I`. it .k-)':, -. 4854-2813-5735.5 CITY OF SOUTH BEND, IN October 19, 2022 Ms. Sharon McBride President, South Bend Common Council 4th Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Violations Bureau Dear President McBride: JAMES MUELLER, MAYOR ,. i .... ( ,;. ' I " Indiana Code 33-36-2-1 permits the establishment by municipalities of an Ordinance Violations Bureau and the appointment of a Violations Clerk, with the duties of accepting written appearances, waivers of trial, admissions of violations, and payments of civil penalties up to the maximum amount permitted by Indiana law (currently $250), and according to the schedule set forth in Chapter 2 Article 19 of the City of South Bend Municipal Code in ordinance violation cases. Since its establishment in the City in 1988, the Ordinance Violations Bureau has been a part of the responsibility of the City Clerk's Office. The administration now believes that it is in the best interest of the City and its residents to move this responsibility from the City Clerk's Office into the administration. This proposed change in responsibility will assist with standardizing processes, realizing efficiencies and economies of scale, and collaborating with other areas of the City that receive payments from City residents to improve service to the residents. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on October 24, 2022, with 2nd reading, public hearing and 3rd reading scheduled for November 14, 2022. If you have any further questions or need additional information, please let me know. 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, Daniel T. Parker City Controller BILL NO. 68-22 OCI ---------BILL NO. 68-22 ORDINANCE NO. ------ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19 OF THE SOUTH BEND MUNICIPAL CODE TO APPOINT THE CITY CONTROLLER AS ORDINANCE VIOLATIONS CLERK AND TO MAKE OTHER ASSOCIATED MUNICIPAL CODE AMENDMENTS STATEMENT OF PURPOSE AND INTENT Indiana Code 33-36-2-1 permits the establishment of an Ordinance Violations Bureau and the appointment of a Violations Clerk; Indiana Code 33-36-2-3 permits the Violations Clerk to accept written appearances, waivers of trial, admissions of violations, and payments of civil penalties up to the maximum amount per mitted by Indiana law (IC 33-36-2-3(4)) which is currently Two Hundred Fifty Dollars ($250.00) and according to the schedule set forth in Chapter 2 Article I 9 of the City of South Bend Municipal Code in ordinance violation cases; Chapter 2 Article 19 of the City of South Bend Municipal Code sets forth the roles and responsibilities of the Violations Clerk; and It is believed that the continued establishment of an Ordinance Violations Bureau is in the best interests of the City, and that it is further believed that it is in the best interests of the City to designate the City Controller as the Violations Clerk. By designating the City Controller as the Violations Clerk in Chapter 2, Article 19, Section 212 of the Municipal Code, certain changes to other Chapters and Sections of the South Bend Municipal Code are required for consistency, and are also made through this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 2, Article 19, Section 2-212 is hereby amended to read as follows: Sec. 2-212 Created; administrator; powers and duties of Bureau (a)An Ordinance Violations Bureau is established for the City. (b)The City Clerk City Controller shall be appointed the Violations Clerk and shall be the administrator of the Bureau. ( c)The Ordinance Violations Bureau shall have all power and duties authorized by state law and within the dollar limits of State law. IN '. OCT . !:J. r ·> SECTION II. The following Sections of Chapters 13 and 20 of the South Bend Municipal Code are hereby amended to read as follows: Chapter 13, Article 12, Sec. 13-160(a)(2) Civil Penalties: Civil Penalties: After a property has been designated as a chronic problem property and placed on the publicly available data set, if the property receives any subsequent citation or valid complia.Rt complaint, then the owner will be subject to a civil penalty of two hundred fifty dollars ($250.00) per citation or valid complaint which shall be payable through the Offiee efthe City Clerk Violations Clerk. Chapter 20, Article 1, Sec. 20-23.1 City elerk Violations Clerk discretion to grant amnesty from fines and penalties; exception. The Giey Violations Clerk in the that Clerk's discretion may by the last day of January each year designate a day within that calendar year during which persons with unpaid tickets may pay by the close of that business day any ticket issued under this article (the Motor Vehicle and Traffic Code of the City) without accrued late fee or other penalty charges. This power to forgive fines and penalties shall exclude any ticket which has been referred to the City Law Department for collection or other action regardless of whether a complaint has been filed. Chapter 20, Article 1, Sec. 20-18. Answering notice on overtime parking; payment of fine. The owner or operator who has been notified of a violation of the parking regulations as herein provided, may, within fourteen (14) days after being notified, answer at the office of the Ordinance Violation Bureau to the charge of such violation as set forth in such notice and pay a prescribed fee of twenty dollars ($20.00) in settlement of the offense or charge, or thirty dollars ($30.00) after the expiration of fourteen (14) days. An acceptance of the payment of the fee and the authority by the Violations Clerk shall be deemed complete satisfaction for the violation and the violator shall be given a receipt which so states. Notwithstanding the foregoing provisions, no fee under this section will be imposed for the first instance in any calendar year in which a vehicle is found to be in violation of Chapter 20, Article 6, Section 20-77 of this Code. Chapter 20, Article 1, Sec. 20-19(a). Failure to comply with notice; owner's responsibility; penalties. Whenever any person who has been issued a notice as provided in section 20-17, fails or refuses to appear within fourteen (14) days after service of such notice at the Ordinance Violations Bureau or having appeared fails or refuses to pay the Violations Clerk the fee in settlement of the charge and violation, then the Ordinance Violations Bureau shall send