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10-22-12 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, OCTOBER 22, 2012 7 : 00 P.M. 1. INVOCATION - REV. SYLVESTER WILLIAMS 2. PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 12-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING LASALLE INTERMEDIATE ACADEMY FOR BEING SELECTED BY THE U. S. DEPARTMENT OF EDUCATION AS A NATIONAL BLUE RIBBON 12-77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING SISTER SUSAN KINTZELE, C. S.C. , FOR HER COUNTLESS CONTRIBUTIONS FOR THE BETTERMENT OF OUR COMMUNITY 12-78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF OCTOBER AS DIGNITY & RESPECT MONTH 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: (BILLS NO. 42-12, 43-12 AND 44-12 COUNCIL PORTION ONLY) BILL NO. 42-12 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 43-12 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 44-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013, INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 38-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 35-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE AVON THEATRE AND LOCATED AT 307 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA 54-12 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2013 55-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SETTING THE ANNUAL SALARY FOR THE MAYOR FOR THE CALENDAR YEAR 2013 56-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 57-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 58-12 PUBLIC HEARING ON A BILL OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2013 59-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2013 61-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-13 (A) AND (B) OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT TO THE COMMUNITY INVESTMENT DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH 8 . BILLS, THIRD READING TIME: BILL NO. 42-12 THIRD READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 43-12 THIRD READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 44-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013, INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 38-12 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 35-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE AVON THEATRE AND LOCATED AT 307 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA 54-12 THIRD READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2013 55-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SETTING THE ANNUAL SALARY FOR THE MAYOR FOR THE CALENDAR YEAR 2013 56-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 57-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 58-12 THIRD READING ON A BILL OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2013 59-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2013 61-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-13 (A) AND (B) OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT TO THE COMMUNITY INVESTMENT DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH 9. RESOLUTIONS BILL NO. 12-70 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT WEST OF AND ADJACENT TO 1441 N. MICHIGAN STREET SOUTH BEND, INDIANA 12-76 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 1038 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVID W. & MARY B. MURPHY 12-79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE SOUTH BEND CITY ADMINISTRATION TO UTILIZE MINORITY-OWNED BUSINESSES AND WOMEN-OWNED BUSINESSES AS MUCH AS POSSIBLE FOR THE RESIDENTIAL CURBS AND SIDEWALK PROGRAM WHEN WORK IS TO BE PERFORMED BY INDEPENDENT CONTRACTORS 12-80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE LINCOLN PARK NEIGHBORHOOD REVITALIZATION PLAN 10. BILLS, FIRST READING BILL NO. 62-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA PLAN COMMISSION 1. BILL 74-11 - AMEND CHAPTER 21-ZONING - ALLOW CHICKENS AS AN ACCESSARY USE 2 . BILL 48-12 - REZONING - 6420 US 31 SOUTH 3. BILL 50-12 - REZONING & SPECIAL EXCEPTION - 2222 WEST WASHINGTON 4 . BILL 51-12 - REZONING & SPECIAL EXCEPTION - 1243 & 1247 CAMPEAU 0 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. SQL s - '41,-1 --- ORDINANCE NO. AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31,2013 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I.There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana,for the fiscal year 2012 to be collected in the year 2013 the following: For CORPORATION GENERAL FUND,the sum of$3.0217 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND,the sum of$.6033 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$.0407 on each one hundred dollars of Taxable Property. Total Civil City Rate$3.6657 For REDEVELOPMENT BOND(COLLEGE FOOTBALL HALL OF FAME),the sum of$.0781 on each one hundred dollars of Taxable Property. Total Redevelopment Rate$.0781 SECTION II.This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ati 6 Ott ,_ Member of the Common Council �/ Attest: and Ssn c�a3a '.e, Council Math on fit _ :... City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 at o'clock . m. Deputy City Clerk Approved and signed by me on the day of ,2 ,at o'clock .m. Mayor,City of South Bend, Indiana Filed In Clerk's Office 1.5i READING OCT w 3 ZQ 1Z )UiLiC HEARING 3 rd READING JOHN WORN tivT APPROVED CITY CLERK,SOUTH BEND,IN REFERRED PASSED 1200N COUNTY-CITY BUILDING ., \\ �/ ; PHONE 574/235-9216 227 JEFFERSON BLVD. \� �\ i , ii d W � \PEACE/j Fax 5741235-9928 SOUTH BEND,INDIANA 46601-1830 e's,N �� a$, 1865 00•'' CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE October 3, 2012 Mr. Derek Dieter President, South Bend Common Council 4th Floor County-City Building 227 W.Jefferson Blvd. South Bend, IN 46601 Re: Substitute Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31,2013 Dear Council President Dieter: Attached herewith please find a substitute bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1,2013 and ending December 31,2013. This tax rate will apply for property tax assessments in fiscal 2012 with taxes payable in fiscal 2013. The original bill was submitted for 1"read filing with the Common Council for the council meeting on August 27, 2012, 2nd read and public hearing at the council meeting on September 24,2012,with 3rd reading and council vote at the council meeting on October 8,2012. Similar to prior years,the property tax rates per the attached substitute bill are estimated and advertised high. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance(DLGF)as part of the"1782"budget review process which, according to the state budget calendar,must be completed by February 15,2013. The actual property tax rate will depend on the 2012/pay 2013 net assessed valuation of property in South Bend and this information is not yet available from the St.Joseph County Auditor. I will be available to discuss this substitute bill at the appropriate sessions of the Personnel and Finance Committee and South Bend Common Council. Respectively submitted, - ---� Filed in Clerk's Office Mark W. Neal City Controller OCT --3 2012 cc: Mayor Pete Buttigieg ..,.�—JOHN Mike Schmuhl, Chief of Staff CITY CLERK,SOUTH SEND,IN Kathryn Roos,Deputy Chief of Staff Aladean DeRose, Interim City Attorney IL/ A\ • ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE • FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31,2013 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several departments of the Civil City of South Bend, Indiana for 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2013, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2013, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund,of said City to wit: (201) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non-Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community& Economic Development Operating Fund (212) Community and Economic Development Fund (216) Police State Seizures Fund (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (226) Liability Insurance& Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (250) General Grant Fund (251) Local Roads and Streets Fund (258) Human Rights-Federal Fund (271) East Race Waterway (273) Moms PAC/Palais Royale Marketing Fund (278) Police Take Home Car Liability Fund (280) Police Block Grant Fund (281) Economic Development Revenue Bonds Fund (288) E.M.S. Capital Improvement Fund • (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund • (295) COPS More Grant (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403) Zoo Endowment Fund (404) County Option Income Tax Fund (405) Park Department Non-Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (410) Urban Action Development Grant Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CRED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K-9 Unit Fund (711) Self-Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION III.This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Cou. i Attest:" q�vv MY CotinC4i actka City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 ,at o'clock . m. Deputy City Clerk Approved and signed by me on the day of ,2 ,at o'clock .m. Mayor, City of South Bend,India � ` it READING t �,...._.._......_.._ PL!3i.IC HEARING RING AUG 2 2 3 rd NOT APPROVED REFERRED PASSED • a"' °off ,v1t1111,'0/dd: 1200N CouNTr CiTYBurLDnlc `� ■ /0/S-.1 PHONE 574/235-9216 227 W.JEFFERSON BLVD. �� �EA&�j % FAX 574/235-9928 SOUTH BEND,INDIANA 46601-1830 14 T ;��; A ■ ]865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2012 Mr. Derek Dieter President, South Bend Common Council 4`11 Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Bend for the fiscal year ending December 31, 2013 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2013 and ending December 31, 2013. This bill is respectively submitted for 1st read filing with the Common Council for the council meeting scheduled for August 27, 2012, 2nd read and public hearing at the council meeting on September 24, 2012, with 31.d read and council vote at the council meeting on October 8, 2012. This bill will be presented to the Common Council by the Mayor, Controller, Department Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectively submitted,, Mark W. Neal G w City Controller U0 3 ,Y cc: Mayor Pete Buttigieg Mike Schmuhl, Chief of Staff ' ` Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney VC( 1 \\ 0— _ Z ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR • BEGINNING JANUARY 1,2013 AND ENDING DECEMBER 31,2013, INCLUDING ALL OUTSTANDING CLAIMS,AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana, its various departments, funds,commissions and institutions for the fiscal year ending December 31,2013, the following sums of money,as set forth in the attached budget which is made a part hereof,are hereby appropriated and ordered set apart within the funds hereinafter named in Section II,and for the purposes hereinafter specified in Section II,subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year,unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31,2013,the above appropriations are made within the following funds of the City: (600) Consolidated Building Fund (601) Parking Garage Fund (610) Solid Waste Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (623) Water Works Bond Capital Fund (624) Water Works Customer Deposit Fund (625) Water Works Sinking Fund {626) Water Works Bond Reserve Fund (629) Water Works 08 M Reserve Fund (640) Sewage Repair Fund/Insurance Fund (641) Sewage Works General Operations Fund (642) Sewage Works Capital Fund (643) Sewage Works O&M Reserve Fund (649) Sewage Works Sinking Fund (653) Sewage Works Debt Service Reserve Fund (659) 2011 Sewer Bond (661) 2012 Sewer Bond (663) 2013 Sewer Bond (670) Century Center Operating Fund (671) Century Center Capital Fund SECTION III.This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. " beA.1J- a 0 I,1A-*-4,—( 1 Member of the Comr146*03HV).cli .; r Attest: SIgning of thl$b!!fo frJ,;:,-!,y to r7ek.'n opporkmlly t^.-.:1. Council acittn on City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of ,2 ,at o'clock .m. Mayor, City of South Bend,Indiana Fued le READING PUBLIC HEARING 3 rd READING — --- I REFERRED CM( AUG 2? 2.012, PASSED ■ 1200N COUNTY—CITY BUILDING h //i '�'. ��� i/ PHONE 574/235-9216 227 W JEFFERSON BLVD. i r r ii W �� ew►ce4 " FAX 574/235-9928 �� .,, SOUTH BEND,INDIANA 46601-1830 �1 A A ]865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21,2012 Mr. Derek Dieter President, South Bend Common Council 4`h Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31,2013 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures of the City of South Bend for the fiscal year commencing January 1, 2013 and ending December 31, 2013. This bill is respectively submitted for IS'read filing with the Common Council for the council meeting scheduled for August 27,2012, 2nd read and public hearing at the council meeting on September 24, 2012, with 31.d read and council vote at the council meeting on October 8, 2012. This bill will be presented to the Common Council by the Mayor, Controller, Department heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectively submitted, Mark W. Neal [ City C " � tisr t ?-1; l3N i * ..._..... ontroller cc: Mayor Pete Buttigieg t¢ AU i { F Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff �E3v rf Aladean DeRose, Interim City Attorney c)e-(c) �• JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)23S-9571 September 19,2012 The Honorable Council of the City of South Bend t 4th Floor,County-City Building 0 South Bend,IN 46601 RE: A proposed ordinance of Parwinder Kaur&Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District,property located at 3529 and 3527 Western Avenue,City of South Bend -APC#2645-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Parwinder Kaur&Singh Harjinder and Barbara Dockery was legally advertised on Thursday,September 6,2012 and that the Area Plan Commission at its public hearing on Tuesday,September 18,2012 took the following action: Upon a motion by Karl King,being seconded by John McNamara and unanimously carried, the proposed ordinance of Parwinder Kaur,Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District,property located at 3529 and 3527 Western Avenue,City of South Bend is sent to the Common Council with a favorable recommendation. Western Avenue is a major east/west traffic corridor,with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. The proposed ordinance of Parwinder Kaur,Singh Harjinder and Barbara Dockery for a Special Exception Use for a gasoline service station on property located at 3527 and 3529 Western Avenue,City of South Bend,is sent to the Common Council with a favorable recommendation. The Special Exception Use meets the standards for approval of a Special Exception Use in that new curbing and sidewalks will support public safety;the expansion of an existing business should not affect the adjacent property values;the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses;and that City Plan objectives are being met in providing for a range of mixed uses. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, <- w1.�(, hn W.Byorni CC:Parwinder Kaur&Singh Harjinder Barbara Dockery Danch,Harper&Associates SERVING:ST JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stjosephcountyindiana.com/Areaplan Staff Report APC# 2645-12 Owner: Parwinder Kaur&Singh Harjinder Location: 3529 and 3527 Western Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District; a Special Exception Use to allow a gasoline service station; and eleven variances to allow a convenience store with a gasoline service station facility. Land Uses and Zoning: On site: On site is an existing convenience store and a single family home. North: To the north across the alley are single family homes and a church zoned SF2 Single Family and Two Family District. East: To the east is a vacant house with a business front zoned MU Mixed Use District, and a body shop zoned LB Local Business District. South: To the south, across Western Avenue, is a parking lot zoned LB Local Business District, To the southwest is a vacant commercial business zoned MU Mixed Use District. West: To the west is a convenience store zoned LB Local Business District. District uses and development standards: The "LB" Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the "LB" Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: The total area of the two lots is approximately 1/4 of an acre. There is an existing 1,733 square foot convenience store building covering 17% of the site. Gasoline pumps and nine parking spaces are proposed,covering 73%of the site. Zoning and land use history& trends: The property at the northeast corner of Western and Wellington was rezoned to CB Community Business District for automotive related uses in 2010. Prior to the map change in 2004 the north side of Western,from Chicago to Meade,was all zoned C Commercial. Traffic and transportation considerations: Western has four lanes. Kenmore has two lanes. Utilities: The property is currently served by public water and public sewer. Additional information: (Agency comments) The City Engineer commented the parking spaces and aisles were not the correct width (see variances.) The Department of Community and Economic Development supports the expansion of an existing business and the redevelopment of Western Avenue property. Parwinder Kaur& Singh Harjinder #2645-12 Page 1 of 4 Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a special exception use and a number of variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation, and either approve or deny the variances. The rezoning is from MU Mixed Use District to LB Local Business District. The Special Exception Use is for a gasoline service station. In addition the rezoning and special exception, the petitioner is also requesting the following 11 variances: 1) from the requirement of providing perimeter trees at a minimum rate of one over- story deciduous tree every forty feet to providing a minimum of two trees in the parkway of Kenmore on the west side of the site and one tree along the north property line; 2) from the requirement of providing a minimum of a six foot wide landscape planting area along the Western Avenue façade of the existing building to no landscaping and to a minimum of ten shrubs along the Kenmore Street façade (the revised site plan shows additional shrubs to the southeast of the building);3) from the requirement of providing Type`B"residential buffer yard screening along the north and east property lines to providing a minimum six foot high landscape screening fence along said property lines to the required ten foot sight triangle at the inorthwest corner of the site and ten foot sight triangle at the southeast corner of the site;4) to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed in the twenty foot wide Residential Buffer yard along the north property line and east property line to a minimum of one foot along the north property line and to a minimum of two foot along the east property line as show; 5) from the requirement of providing a minimum of 24 foot aisle way in the shown north parking area to a minimum of twenty two feet;6) from the requirement of providing a minimum twenty foot in length of their parking spaces from the minimum required twenty foot length to 10 foot; 7) to allow a canopy over the gasoline pumps to encroach a maximum of thirteen feet into the twenty foot wide residential buffer yard along the east property line and to a maximum of fifteen feet into the thirty foot front yard building setback along Western Avenue; 8) from the requirement of providing a minimum of a ten foot wide drive-thru lane and twelve foot wide bailout lane for the proposed gasoline dispensing facility to providing a minimum of nine foot wide drive thru- and bailout lanes; 9) from the minimum fifteen foot parking setback along Kenmore Street to a minimum of six foot for proposed parking spaces; 10) from the minimum thirty foot front yard setback along Western Avenue to a minimum of nine feet and from the minimum of thirty foot front yard building setback along Kenmore Street to a minimum of 8 feet for an existing building; and 11) from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to no additional screening(the site plan has been revised to show two evergreen trees to the north of the dumpster). State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the Staff Report. Commitments: No commitments are proposed. Parwinder Kaur& Singh Harjinder #2645-12 Page 2 of 4 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan,South Bend Comprehensive Plan(November 2006) Objective LU 1: Plan for the future of the community's districts, neighborhoods, and corridors. Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective LU 2.4:Provide buffer spaces between non-compatible uses. Land Use Plan: City Plan identifies the areas along Western as Commercial and Mixed Use. Plan Implementation/Other Plans: Western Avenue Commercial Corridor Revitalization Action Plan(June 1999) The Market Development objectives include attracting developers, merchants, and small business owners,and encouraging new development. A Vision Plan for the Commercial Corridor of The Western Avenue of South Bend,Indiana (February 2003) Items in the Mission Statement include improve the business climate and improve the appearance of property and infrastructure on Western. 2. Current conditions and character: Western Avenue is a busy and traditional commercial corridor. Changing business patterns have negatively affected the properties, but new businesses are making an effort to locate within the corridor. 3. Most desirable use: The most desirable use along this commercial corridor is a commercial use. 4. Conservation of property values: The expansion of the existing business, when properly buffered, should have a minimal effect on surrounding property values. 5. Responsible development and growth: It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation; Based on information available prior to the public hearing, the staff recommends that the special exception use petition be sent to the Common Council with a favorable recommendation; The staff recommends approval of variances #1, and 3-10 as referenced in Staff Comments, and would recommend variance#2 be amended to include additional shrubs on Western, and #11 be amended to refer to the additional landscaping as shown on the site plan for the Special Exception Use. Parwinder Kaur& Singh Harjinder #2645-12 Page 3 of 4 Analysis: Western Avenue is a major east/west traffic corridor, with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. In the Staffs opinion,because of the positive redevelopment of this site and its existing configuration, the variances as recommended by the Staff meet the standards for approval. In addition, the Special Exception Use meets the standards for approval of a Special Exception Use in that new curbing and sidewalks will support public safety;the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses;and that City Plan objectives are being met in providing for a range of mixed uses. Parwinder Kaur& Singh Harjinder • #2645-12 Page 4 of 4 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception/Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. i � 0 c 0 R/W UNE • 0 14.0' PUBLIC ALLEY 10.00' T.P. _y POLE_ t_ ,C 7_ ---_— ,i�`!,I R/W LINE E'�� O Ni Pm o 1111 I 6.00' MMM+++ylll 0 r ° ° pV/ N PETITION SITE a - 2.00'0. 0.24 ACf W O POLE O .7.00'j ffii,rzl w L. r' s•32 14 • ei; 34.60' .16:00•—- . .'18.33', O 1.. I W %3'sWO g •t ; .. : :• ; Z a ci •, e • tl !! 414*:Ove nory 17 I w o i k' X3}.60' o pr- EXISTING R/W UNE---E9 9' -' CONC. WAUC o 0 •" cone walk V I °' GRASS AREA n GRASS AREA ----H. EXISTING LIGHT SIGN POLE • / C/L WESTERN AVENUE 63' R/W cone walk ., q H 1 I F g7 ._________,„.,,, I F 1 [ I _ 16 I = - I-__ r �` c I I l E I I _7 pi I {ND 1211 rir"fir re T37N-R2E ° '-'01.1721v1U ii, 'SOUTH BEND; Western i ' Mu LB ;GB _ ft _ I - G 3�. _, ,,, ' i - , ,---.---- ------- :,-,i L:.:,1. Rezoning from: "MU" MIXED USE DISTRICT to "LB" LOCAL BUSINESS DISTRICT ZONING CLASSIFICATION y- SOUTH BEND"SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT 1 N SOUTH BEND"M Fl" URBA N CORRIDOR MULTIFAM ILY DISTRICT r SOUTH BEND"M U'MIXED USE DISTRICT =''.:,v SOUTH BEND"LB" LOCAL BUSINESS DISTRICT S SOUTH BEND"CB" COMMUNITY BUSINESS DISTRICT inch = 0 f t 1 SOUTH BEND"GB" GENERAL BUSINESS DISTRICT APC # 2645-12 September 16.2012 Area Plan Commission of St.Joseph County (Public hearing Tuesday,September 18,2012 at 3:30 p.m.) I am the property owner of 318 South Wellington Street and am writing to express my opinion about a rezoning issue being proposed at 3529 and 3527 Western Avenue. 1 am strongly against this rezoning taking place in the neighborhood. This address already has prior incidents of loitering, criminal activity and violence by said loiters. The police have been dealing with these issues for some time and the problems still exists. if this property is allowed to rezone fora gasoline services station facility this will bring more criminal activity to the neighborhood. Please keep in mind there is already a service station on the corner of Falcon and Western which is one street over. Sincere Thanks from a Concern Homeowner, Mr. and Mrs.Timothy Bond 574-287-0408 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 and 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE TO LB LOCAL BUSINESS DISTRICT TO OPERATE A CONVENIENCE STORE AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO ADD A GASOLINE DISPENSING FACILITY WITHIN THE LB LOCAL BUSINESS DISTRICT CLASSIFICATION NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: THE WEST 86 FEET OF LOT NUMBERED 1071 IN THE PLAT OF "LA SALLE PARK"AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as LB Local Business District. SECTION II. That a Special Exception for Gasoline Dispensing facility in a LB Local Business zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. 2 SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock .m. City Clerk Approved and signed by me on the day of 20 at o'clock .m. Mayor of the City of South Bend, Indiana Filed in Cie ` : Office �.r READING er-t 3-t LIB' 7 � PUBLIC HEARING rd READING JOHN VOORC , 3 NOT APPROVED CITY CLERK,SOUTH BEND IN r. REFERRED - PASSED . ,_ 1400 COUNTY-CITY BUILDING \��\ PHONE 5741235 9241 227 W.JEFFERSON BOULEVARD w\`� eEriCE�j �y FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 \� 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW ALADrAN M. DEROSE CTYATTORNEY,AD INTERIM September 18, 2012 Mr. Derek Dieter, President I South Bend Common Council 1 l r 4th Floor County-City Building South Bend, IN 46601 RE: Bill No.35-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE AVON THEATRE AND LOCATED AT 307 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND,INDIANA Dear President Dieter: On July 12, 2012, the Historic Preservation Commission of South Bend and St. Joseph County (the "Commission") held a public hearing to consider landmark status for the Avon Theatre located at 307 South Michigan, South Bend, IN 46601. At the meeting, the Commission placed the Avon Theatre under interim protection under the authority granted by the Municipal Code of the City of South Bend, Indiana, (the "Code") Section 21-13.02(d)(5). Bill 35-12 was introduced by the Common Council on July 23, 2012. Pursuant to the Code, Section 21-13.02(d)(4), the matter was referred to the Commission to hold a public hearing for the purpose of making a recommendation to the Common Council concerning Bill No. 35-12. On September 17, 2012, the Commission held a public hearing after publication of notice of the time, date and place of the public hearing. At the public hearing, the Commission heard public comments both for and against the designation of the Avon Theatre as a Local Historic Landmark. After hearing all comments offered by the public, and after giving the owner of the Avon Theatre an opportunity to make a final statement, and after discussion by the members of the Commission, the Commission adopted a Resolution making a favorable recommendation to the CHERYL A. GREENE ANN-CAROL MASH ANDREA L.BEACHKOFSKY LAWRENCE J.METEIVER JEFFREY L.SANFORD RESOLUTION NO. 12- A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA MAKING A RECOMMENDATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON ESTABLISHING THE AVON THEATRE AS A HISTORIC LANDMARK WHEREAS,the Historic Preservation Commission of South Bend and St. Joseph County, Indiana(the "Commission") exists and operates under the provisions of ordinances enacted by the Common Council of the City of South Bend,Indiana,and the County Council of St.Joseph County, Indiana(the "Enabling Ordinances"); and WHEREAS,the Commission is empowered,pursuant to the Enabling Ordinances,to make recommendations to the Common Council of the City of South Bend,Indiana for the establishment of historical landmarks; and WHEREAS,on July 12,2012,the Commission held a meeting to consider land mark status for the Avon Theatre located at 309 South Michigan Street, in the city of South Bend, Indiana; and WHEREAS, at that meeting, the Commission adopted a proposal to recommend to the Common Council of the City of South Bend (the "Common Council") that the Avon Theatre be designated as a historic landmark pursuant to South Bend City Ordinance No.5565-73,as amended; and WHEREAS, at that meeting, the Commission further declared that the Avon Theatre be place under interim protection pursuant to the Municipal Code of the City of South Bend, Section 21-13.02(d)(5); and WHEREAS, on July 23, 2012, the Common Council introduced its Bill No. 35-12, proposing to establish the Avon Theatre as a historical landmark within the City of South Bend;and WHEREAS,pursuant to Section 21-13.02(d)(4),the Common Council has referred Bill No. 35-12 to the Commission to hold a public hearing to hear comments on the establishment of the Avon Theatre as a historic landmark and to make a recommendation back to the Common Council; and WHEREAS,the Commission has heard and considered the comments made at said public hearing at the Commission's regularly scheduled meeting on September 17,2012,at 7:00 p.m.; and WHEREAS, the Commission now desires to make a recommendation to the Common Council concerning Bill No. 35-12 on the establishment of the Avon Theatre as a historic landmark. NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY AS FOLLOWS: 1. On Bill No. 35-12, concerning the establishment of the Avon Theatre as a historic landmark, the Commission makes the following recommendation to the Common Council: XFavorable Recommendation. [ ] Unfavorable Recommendation. [ ] No Recommendation. 2. The Staff of the Commission is directed to forward a copy of this Resolution to the Common Council. 3. This Resolution shall take effect immediately upon its adoption by the Commission. ADOPTED at a meeting of the Historic Preservation Commission of South Bend and St. Joseph County, Indiana, held on September 17, 2012, in the Council Chambers, 4th Floor, 227 W. Jefferson Blvd., South Bend, Indiana 46601. %HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST JOSEPH C LINTY i /,44r, Timothy 2� K•yin Buccellato „11111".-- / z e,.,:....■l7 _.f.4.d.., 14i' LA_&■‘'. ,Irle Pam fzgo+ski ell '..—'-----..■-di(--- . ' •avid Steinhauer Sandra L. Rossow i ,,,,,,g___... ..7 • Mi-e Voll Alice McLane 2 Bill No. ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2013 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City of South Bend for the calendar year 2013. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid may be less than the maximum amounts set forth herein. This Ordinance establishes such compensation for approximately all non-bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation (a) The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi-Weekly basis. Amounts by alphabetical position are set forth as well as the annual salary for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays designated by the Board of Public Works shall govern non-bargaining employees for the calendar year 2013. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave,. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Major Medical Insurance. The City shall maintain a comprehensive major medical insurance program that all non-bargaining employees may participate in under the rules and guidelines of the plan document. All employees receive a copy of a plan document each year. (2) Short and Long Term Disability. Short and Long Term Disability shall be as forth in the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty($130) per month ($65 biweekly)to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty($130) payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000)for each employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty(60)day eligibility period; and that the long-term disability program requires a minimum of a ninety(90)day eligibility period which must be met. (e) Hiring Bonus. The Mayor, may, at his/her discretion, offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100)to four thousand ($4,000). (f) Police Communication Employees. Employees working in the communications area of the Police Department will be paid stand-by beeper pay as follows: one hour of straight time pay will be paid to one employee to cover each shift each day for the one hour immediately preceding the shift change. (g) Allowances 1. Auto Allowance. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1)to five hundred ($500)dollars per month. 2. Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one-hundred ($100) per month. (h) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one (1)year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. (i) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. (j) Definition of Full-Time Employee. Full-time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled, forty(40) hours per week, or a reduced full-time schedule of thirty-two (32) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. (k) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule, not to exceed one thousand forty(1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits), they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorneys employed in the City Attorney's Office in part-time positions as well as all elected Council members. These positions are eligible for participation in all of the Employer's Benefit Programs. (I) Policies and Procedures. Two (2) copies of the City's Personnel Policies and Procedures Manual and the Family and Medical Leave Act Policy shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County- City Building, South Bend, Indiana. Section III. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. 004,,k1A, 0 _ 01. (LA1 : (/----- ) Member of the Common Council Attest: , City Clerk : °-- :n''''''-.:; fi3S.iilila ald Seplcli13nC:tcjiL.:::.] 1.2.7.:: ;,,. COLICH actOfl on this issue4. Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2012, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2012, at o'clock .m. Mayor, City of South Bend, Indiana .._ ......, aod in Cle,rie,i,, 1 READ TNG CI-2'`i—t 1— ?0 rE E $CP 1 9' ;t. PUBLIC HEARING 3 rd READING IN-1,,!V':,-)',::,- NOT APPROVED 4--...,.....,.. , .. 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CO h a) .0 y •C U 0 a) co E a) a a .O E w Q p `3 (C o o m 3 a) 0.. .t) L N 0 a) -C D C E o a) ~ O O E 'p t y p c c C ~ C 3 ° E p c o .0 U d•.• N N er d d co a) o 3 co O U a7 t ro co O U -0 h a C a 4 ao m y e Z` c ' a .c_ //3 co L E 'O G N p E ..,„0,' 3 i,t,' fr,',v , - �r,{ W .0 G O O D mom d 'r, Tie,,c c■ 03 41 hp > 0 3croim3aVi r 1 c ro CZ V ci) yey - - a co ,ter i ,,l''.",_141/1 a C _ N s�U So* 10/ 4,t 1200N COUNTY-CITY BUILDING PHONE 574.235.9216 227 W. JEFFERSON BLVD. , �� PEACF FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1830 :ftt /865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 19, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4t1,Floor South Bend, Indiana 46601 RE: 2013 Appointed and Non-bargaining Employees Salary Ordinance Dear President Dieter, Enclosed please find the following information with respect to the appointed and non- bargaining employee salary ordinance for the fiscal year beginning January 1, 2013: • 2013 Salary Ordinance • 2013 Salary Ordinance Wage Schedule I will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for 1st reading on September 24, 2012 with 2nd reading, public hearing and 3rd reading scheduled for October 8, 2012. Please note that all positions have been fully funded in the 2013 proposed budget at these proposed 2013 salary levels. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7500. Regards, tiled r Mark W. Neal ,.._,, ,.: _.� City Controller CC: Pete Buttigieg Mayor ctrw ° «Ir Mike Schmuhl, Chief of Staff \\,\ BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR THE CALENDAR YEAR 2013 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 36-4-7-2, the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for the Mayor of the City of South Bend in calendar year 2013 shall be and hereby is established at$100,431.00. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any publication required by law. Y IAAI- 6. 0 Member, South Bend Common Co ncl Attest: City Clerk v j,l �• t8 end tiuti :.a.J i Oil at314ile� . .... �S.i. Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2012, at o'clock . m. Mayor, City of South Bend, Indiana 1st READING r r° 4,` n PUBLIC HEARING i 1 3 rd READING NOT APPROVED >... REFERRED n . PASSED 1200N COUNTY-QTY BUILDING •' ,.\ i4i d_ PHONE 574/235-9216 227 W.JEFFERSON BLVD. W\�\\.1' ij t FAX 574/235-9928 SOUTH BEND,INDIANA 46601-1830 4�,' /865 .. CITY OF SOUTH BEND PETE BUTTTGJEG,MAYOR DEPARTMENT OF .ADMINISTRATION AND FINANCE September 19, 2012 Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd.,4th Floor South Bend, IN 46601 Re: Ordinance Fixing the Salary for the Mayor of South Bend for the fiscal year commencing on January 1, 2013 and ending December 31, 2013 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the annual salary compensation for the Mayor of the City of South Bend for the fiscal year commencing on January 1, 2013 and ending December 31, 2013. The compensation represents a 2% increase from the 2012 salary ordinance amount. Please note that Mayor Buttigieg plans to forgo this pay increase and donate$4,017 (4%) of his salary back to the General Fund. This bill is respectively submitted for 1St read filing with Common Council for the council meeting scheduled September 24, 2012; 2nd read and public hearing; 31-d read and council vote at the October 8, 2012 Common Council meeting. This bill will be presented to the Common Council by the Mayor and Controller as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Sincerely, Mark W. Neal City Controller c: Pete Buttigieg, Mayor Mike Schmuhl, Chief of Staff Kathyrn Roos, Deputy Chief of Staff r Aladean DeRose, Interim City Attorney .` -to,/� 1 -� Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-8-3-3, ¶ (d), the South Bend Common Council, as the legislative body of a second class Indiana city, is charged with establishing before November 1st the annual compensation of all members of the South Bend Police Department. On May 14, 2012, the South Bend Common Council unanimously adopted Resolution No. 4179-12 which appointed an agent/chief negotiator for the labor negotiations to work with the City Advisory Negotiating Team for Police Negotiations. The Council's Agent and the City Advisory Negotiating Team have been meeting with the Police Negotiating Team representing sworn members of the Fraternal Order of Police South Bend Lodge No. 36. The City Advisory Negotiating Team's membership includes Council Member at Large Karen L. White, 1St District Council Member Tim Scott, Council Member at Large Gavin Ferlic (Alternate), City Controller Mark Neal, Uniform Division Chief Jeff Walters, and Division Chief for Services Gary Horvath; with Kathleen Cekanski-Farrand serving as the Council's Agent and Ed Sullivan serving as the Board of Public Safety's Agent. The Fraternal Order of Police South Bend Lodge No. 36 Negotiating Team includes 3rd Detail Lieutenant and FOP President Steven G. Noonan, 1St Class Patrolman (Police Special Crimes) James M. Taylor, 3 Detail Sergeant Daniel S. Moryl, 1St Detail Sergeant James M. Wolff, 1St Detail Sergeant William G. Kraus, Sergeant Daniel D. Demler, Jr., Police K-9 Unit, and their attorney Leo T. Blackwell. This ordinance sets forth the recommended salaries and monetary fringe benefits to be paid to sworn members of the South Bend Police Department. It is believed to be in the best interest of the Police Department, the best interest of the City of South Bend which is fiscally responsible to the citizens. \-] Z, Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-8-3-3, ¶ (d), the South Bend Common Council, as the legislative body of a second class Indiana city, is charged with establishing before November 1st the annual compensation of all members of the South Bend Fire Department. On May 14, 2012, the South Bend Common Council unanimously adopted Resolution No. 4179-12 which appointed an agent/chief negotiator for the labor negotiations to work with the City Advisory Negotiating Team for Fire Negotiations. The Council's Agent and the City Advisory Negotiating Team have been meeting with the Fire Negotiating Team representing sworn members of the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters ALF-CIO. The City Advisory Negotiating Team's membership includes 2nd District Council Member Henry Davis, Jr., 4th District Council Member Dr. Fred Ferlic, 6th District Council Member Oliver Davis (Alternate), City Controller Mark Neal, Assistant Fire Chief for Operations Jim Lopez, and Assistant Fire Chief for Services Todd Skwarcan; with Kathleen Cekanski-Farrand serving as the Council's Agent and Ed Sullivan serving as the Board of Public Safety's Agent. The IAFF South Bend Local No. 362 Fire Negotiating Team includes Captain Patrick J. Kottkamp, IAFF Local 362 President, Captain Christopher C. Baker, Local 362 Vice-President, Captain James K. Weinberg, Firefighter 1St Class Michael W. Lagodney, Captain Russell C. Buysse, and their attorney Tim Curran. Each of the negotiating teams committed themselves to the principles of interest-based negotiations. This is a negotiation strategy where the parties collaborate to be problem-solvers and seek "win-win" solutions. Interest-based negotiations encourage the respective teams to focus on developing mutually beneficial agreements. This ordinance sets forth the recommended salaries and monetary fringe benefits to be paid to sworn members of the South Bend Fire Department. It is believed to be in the best interest of the Fire Department, the best interest of the City of South Bend which is fiscally responsible to the citizens. r � X- Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2013 STATEMENT OF PURPOSE AND INTENT Indiana Code § 36-4-7-2 sets forth the governing law for the legislative branch of city government be requiring it to "fix the annual compensation of all elected officials". This law provides in part that such compensation may "...not be changed in the year for which it is fixed,nor may it be reduced below the amount fixed for the previous year". This ordinance proposes a maximum of a two percent increase for 2013, representing a proposed increase of $343. Ay/tow/aimed by the Common Council of the City of South Bend, Indiana, as follows: Section I. The maximum salaries for the members of the South Bend Common Council in calendar year 2013 shall be established as follows: 2012 2013 $17,238 $17,581 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Wit: John Voorde, City Clerk g Or ti Signing t3 earillg Council action on t.19't83u . 2013 South Bend Council Salary Ordinance Page 2 g am/a by me to the Mayor of the City of South Bend, Indiana on the day of 2012, at o'clock .m. Janice Talboom, Deputy City Clerk *wed and dyad by me on the day of 2012, at o 'clock . m. Pete Buttigieg Mayor of the City of South Bend, Indiana Fill 111 Citan; `; 14A :t t�EP,�J'tiG O � 1 PUBLIC HEAIVG 3 rd READING CMOMR, NOT APPROVED REFERRED PASSED 4 City of South Bend ht, Common Council 865 ••` 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://wwv►.southbendin.gov President October 1,2012 Oliver J. Davis Vice-President Members of the Common Council Karen L. White 4th Floor County-City Building Chairperson, Committee South Bend,Indiana 46601 of the Whole Re: Draft Council Salary Ordinance for 2013 Tim Scott First District Dear Council Members: Henry Davis, Jr. As described at the recent Personnel and Finance Committee meeting Second District when the Common Council's proposed budget was reviewed, the proposed Valerie Schey 2013 salary for the Common Council is for an increase of $343. If Third District approved, this would represent a 2 %increase. Fred Ferlic By way of comparison, the following salaries are the current 2012 salaries Fourth District for Common Councils in the following Indiana second class cities in David Varner Indiana Association of Cities and Town's annual salary summary: Fifth District Elkhart $14,858 Oliver J. Davis Fort Wayne $21,414 Sixth District Kokomo $29,839 Michigan City $13,645 Derek D. Dieter Terre Haute $13,753 At Large Evansville and South Bend were not listed in IACT's review. Gavin Ferlic At Large Thank you. Karen L. White At Large Sincerely, • Derek D. Dieter Council President R ,q Attachment , " Sot.,"fri SEND,IN ;` ` VA ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2013 STATEMENT OF PURPOSE AND INTENT The City Clerk serves as Clerk of the Common Council under Indiana Code § 36- 4-6-9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required by law; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common Council. The Common Council is required by under Indiana Code § 36-4-7-2 to fix the annual compensation of all elected city officers. Indiana Code § 36-4-11-4 authorizes the City Clerk to appoint "the number of deputies and employees authorized by the city legislative body". In the interest of fairness, the following ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies and employees in the City Clerk's Office. The City Clerk currently oversees a staff of four(4) which includes the Ordinance Violations Bureau. , J%.xg�xe, le a ordainal *do amnion ?ado gf9.ud aretd `y �a�anah a4J : Section I. The annual compensation for the City Clerk of the city of South Bend, Indiana, for calendar year 2013 shall be and hereby is established at$56,037.00. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. GiA6, 0. 0L6A ( Member of the Common Count e eb.i.Bike for s:'� a> hewing and action liiiiiiiiiiiiCouncii 2013 City Clerk Salary Ordinance Page 2 gifitik Office of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012 at o'clock . m. A ..doe)eeLL Office o the City Clerk ` OA1 and dyned by me on the day of , 2012 at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana Filed in Clerk's Lice 1 5r REAM,. g L OCT -- 1 2012 PURLIC HEARING 3 , PFA.D1NG JOHN i/�OFtr„ NOT N?ROVED CITY CLERK,SOUTH BEND,IN REFERRED PASSED > " U T$./ ••O� %\itllf li//// 6 .- " rEacE/1� 1865 Office of the City Clerk John Voorde,City Clerk October 1, 2012 Derek D. Dieter, President South Bend Common Council 4th Floor County-City Building 227 W. Jefferson Blvd., South Bend, Indiana 46601 Re: 2013 Salary Ordinance Dear President Dieter: As you are aware state law requires a separate salary ordinance for the City Clerk. Meeting that requirement this bill requesting a 2% salary increase is submitted for your consideration. Other non-bargaining City employees have been budgeted for this increase including the four in this office. Thank you in advance for your favorable consideration. ost • cerely, John oorde, Filed In Cimtet • lerk s � OCT - 12012 41014-4 CITY CITY CLERK,SOWN SENO,ih yi 455 County-City Building.227 W.Jefferson Blvd. South Bend, Indiana 46601. 574/235-9221 . Fax 574/235-9173 Mary Beth Wisniewski Janice Talboom Kareemah Fowler Chief Deputy Deputy Ordinance Violation Clerk R_ 03, fit , fit, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2,ARTICLE 4, SECTION 2-13 (A)AND (B) OF THE SOUTH BEND MUNICIPLE CODE TO CHANGE THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT TO THE COMMUNITY INVESTMENT DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code at Chapter 2, Article 4, Section 2-13 (A) (7) establishes a Community and Economic Development Department (the Department) as one of nine City executive departments, and Section 2-13 (B) (7) (a) through (f) of that Chapter and Article lists the various functions of the Department. The Community and Economic Development Department (the Department) has been reorganized, and now desires to change its name to the Community Investment Department to reflect a comprehensive approach to improving the quality of life for all in South Bend, with Departmental functions that include, but are not limited to, business assistance, administration of economic resources, neighborhood and community engagement, and urban planning. The Department's current title, Community and Economic Development, may suggest that the two roles of community development and economic development are separate functions, while the new title integrates these two into a more holistic approach that invites a broader spectrum of considerations into any policy action. Further, the title Community Investment, itself, reflects the policy position that applications of community resources are to be viewed as an investment rather than a subsidy, with leveraged return for benefit of the entire South Bend community. This ordinance effectuates the desired change of name, and is in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 2, Article 4, Section 2-13 (A) (7) of the South Bend Municipal Code be and hereby is amended to read as follows: Section 2.13 Departments established. (A) The following executive departments are established to perform administrative functions required to fulfill the needs of the City's citizens: (7) Community . -: - -• . - - .. - - Investment Department; Section II. Chapter 2, Article 4, Section 2-13 (B) (7) of the South Bend Municipal Code be and hereby is amended to read as follows: (B) In addition to functions statutorily provided, the administrative functions of the departments of the City shall be as follows: (7) Community . . - -• e- . .. - - Investment Department: Section III. Any other reference to the Community and Economic Development Department within the entire South Bend Municipal Code shall be replaced with: Community Investment Department. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Commo Council • Nfa Attest: ”, oppS rtU 3 i s! Council action on tit issuer r;. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana • Filed In Clerk's Office . • OCT S ZU2 1.st READING LO-S"-IL PUBLIC HEARING jOHN VtOGADIE 3 rd READING NOT CITY CLERK,SOUTH BEND,IN APPIZOVED REFERRED 'DASSE-D . z....4101 \V\1111111st/1i/0/".)..r... 1865 . . CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR October 2, 2012 South Bend Common Council Fourth Floor Council Chambers 400 County-City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will change the formal name of the Community& Economic Development Department to the Community Investment Department. As part of my administration's goal to re-energize the City's approach to improving the quality of life for all in South Bend, an updated name seems apt. Instead of suggesting that the roles of community development and economic development are separate functions, the new title integrates them into a more holistic approach which invites a broader spectrum of considerations into any policy action. The proposed title, Community Investment, also reflects the policy position which views applications of community resources as investments through which we expect to realize a leveraged return for the benefit of our entire South Bend community. I will be pleased to present this bill at your October 22nd meeting. Sincerely, �4 Filed In Cte ' Office, I oc Pete Buttigieg,Mayor C3x012 I City of South Bend JOHN y "" CITY CLERK,SOUTH REND,IN 1400 COUNTY-CITY BUILDING•227 W.JEFFERSON BOULEVARD• SOUTH BEND, INDIANA 46601 PHONE 574/235-9261• FAx 574/235-9892 J(l ` 1-N. ft VP \ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, APPROVING A PETITION OF THE AREA BOARD THE OF NY P FOR OR FO GL AT WEST OF AND ADJACENT TO 1441 N. MICHIGAN STREET SOUTH BEND,INDIANA WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty (60)days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located west of and adjacent to 1441 N. Michigan Street, South Bend, Indiana, in order to permit the continued use of such property as off-street parking serving the building and athletic fields adjacent to such property. SECTION IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, if any, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council • Filed in C44. Office All3 SBDS02 433890v1 7 3 MI JOHN tis N1L5 CITY CLERK,SOUTH SEND, 'OT AfVROVEll BARNESÞBURG LLP 600 1st Source Bank Center 100 North Michigan South Bend,IN 46601-1632 U.S.A. (574)233-1171 Richard J.Deahl Fax(574)237-1125 (574)237-1240. wwwbtlawcom richard.deahl@btlaw.com August 13, 2012 VIA HAND DELIVERY Area Board of Zoning Appeals of St. Joseph County, Indiana 125 S. Lafayette Blvd., Ste. 100 South Bend, Indiana 46601 Attn: Carolyn A. Henry, Executive Secretary RE: Saint Joseph High School(Existing Site) Petition for Special Exception Use for Off-Street Parking(South Bend) Dear Ms. Henry: We are pleased to submit this letter as a "Petition for Special Exception" on behalf of University of Notre Dame du Lac ("Notre Dame") and Brothers of Holy Cross, Inc. ("BHC") to be considered by the Area Board of Zoning Appeals (the "Board"). This Petition is filed to request the Board's favorable recommendation for approval of a"special exception"to allow the existing off-street parking area (located West of the existing Saint Joseph High School building) to continue to serve the building and adjacent athletic fields in the event any portion of such property is rezoned from "R" Single Family to the "U"University zoning district. The location and continued use of the subject property as off-street parking is permitted as a "special exception" within the "U" Zoning District under Section 21-07.04 of the Zoning Ordinance of the City of South Bend (the "Zoning Ordinance"). The following information is provided in accordance with Section 21-09.03 of the Zoning Ordinance and the Board's filing instructions: 1. INFORMATION REGARDING PETITION. a. Identification of Petitioner. The petitioners' names, addresses and telephone numbers are: University of Notre Dame du Lac c/o Richard J. Deahl Barnes & Thornburg LLP 100 N. Michigan Street, 6th Floor South Bend, Indiana 46601 Atlanta Chicago Delaware Indiana Los Angeles Michigan Minneapolis Ohio Washington,D.C. • Area Board of Zoning Appeals of St. Joseph County August 13, 2012 Page 2 Telephone: (574)233-1171 Brothers of Holy Cross, Inc. c/o Richard A. Nussbaum Sopko, Nussbaum,Inabnit&Kaczmarek 210 South Michigan Street 5th Floor, Plaza Building South Bend, IN 46601 (574)234-3000 b. Location of Property. The subject property consists of approximately 1.20+/- acres of parking area within the corporate limits of the City of South Bend, generally located west of/adjacent to the existing Saint Joseph High School building(the "Parking Area"). The legal description and a general depiction of the Parking Area are attached hereto as Exhibit A. c. Statement of Request. In connection with the relocation of Saint Joseph High School from its existing site on the corner of State Road 933 and Angela Boulard ("Existing Site") to a newly constructed high school facility in South Bend, the petitioners are (1) purchasing the remainder of the Existing Site from the Diocese of Fort Wayne-South Bend, Inc. ("Diocese"), and (2) together with the Diocese, seeking approval from the Area Plan Commission of St. Joseph County and Common Council of the City of South Bend, to rezone the Existing Site (including the Parking Area) to the "U" University zoning district (the"Rezoning"). The petitioners respectfully submit this Petition(and a proposed Ordinance to the Common Council of the City of South Bend)to enable the Parking Area to continue to be used as off-street parking to serve their uses of the building and athletic fields from and after any Rezoning. Notre Dame currently anticipates that its use of the existing building would be far less intense (i.e., far fewer occupants) than the historic use as a high school, as it contemplates using a portion as "flex"administrative offices and/or classes (to accommodate the temporary relocation of offices and/or classes from its primary campus to the building during periods of construction on its main campus), a portion for storage and, potentially, a small portion for limited research activities. BHC currently anticipates that its athletic fields may be used from time to time by students of Holy Cross College for intramural activities. The petitioners desire to share the Parking Area to serve their needs and have agreed to terms and conditions of a certain General Access and Parking Easement Agreement ("Parking Agreement") regarding their shared use and maintenance of the Parking Area. A copy of the Parking Agreement is attached hereto as Exhibit B. d. Standards for Special Exception Use. The relevant items identified in Section 21-09.03 of the Zoning Ordinance are addressed as follows: (1) As noted above, this petition is filed to seek permission for the Parking Area to continue to be used, as it has in the past, to serve the building and athletic fields at the former Saint Joseph High School BARNESÞBURG LIP Area Board of Zoning Appeals of St. Joseph County August 13, 2012 Page 3 property. Use of this Parking Area will enable the petitioners as well as their employees, guests and/or invitees to safely access and utilize the Existing Site and will not be injurious to public health, safety, comfort, community standards or convenience. (2) The Parking Area has been historically used as parking and its use will not change. However, the petitioners currently anticipate that the intensity/utilization and traffic (ingress/egress and parking) at the Existing Site will be far less than when the Parking Area was used as parking for teachers, employees and students of Saint Joseph's High School. The continued use of this Parking Area for parking serving the Existing Site is compatible with the paved access and adjacent on-site parking areas,as well as compatible with the immediate area, and not adversely impact the use or values of any other property. (3) The Parking Area has historically been used for parking. It is intended that the Parking Area (as well as the Existing Site), from and after any Rezoning, would be used to serve the adjacent land and building which will be used for university related purposes. This use is consistent with the character of the University's zoning district and other land uses authorized therein, and not conflict with the Comprehensive Plan of the City of South Bend. e. Persons Representing Petitioner. The information regarding Petitioners' representatives are: Richard J. Deahl Barnes & Thornburg LLP 100 N. Michigan Street, 6th Floor South Bend, Indiana 46601 Telephone: (574)233-1171 Richard A. Nussbaum Sopko, Nussbaum, Inabnit& Kaczmarek 210 South Michigan Street 5th Floor, Plaza Building South Bend, IN 46601 (574)234-3000 f. Zoning Classification. The Parking Area is currently zoned "SF-2" Single Family and Two Family Distrcit, is located within Portage Township, City of South Bend, Indiana and is subject to a Petition for Rezoning seeking a rezoning of the same to "U" University. BARNESÞBURG LLP Area Board of Zoning Appeals of St. Joseph County August 13, 2012 Page 4 2. SITE PLAN'. We are pleased to enclose with Letter Petition a survey/site plan detailing the boundaries of the Parking Area and property lines (as well as adjacent building structures) attached as Exhibit C. 3. PROPERTY WITHIN 300 FEET. We are pleased to also attach, at Exhibit D, an aerial view of all properties within 300' feet of the Parking Area and list of the names and addresses of all owners of property located within such 300 foot area The petitioners kindly requests the Board's favorable recommendation to the Common Council of the City of South Bend to approve the special exception requested herein. Such approval will permit the continued use of the Parking Area to serve the site Please feel welcome to contact me directly at (574) 237-1240 if you would like any additional information or would like to discuss this Petition in more detail. Very truly yours, BARNES & THORNBURG .....5()......,, il Richard J. Deahl RJD/sr cc: Richard A. Nussbaum Enclosures: EXHIBIT A: Legal Description of Property EXHIBIT B: General Access and Parking Easement Agreement EXHIBIT C: Survey of Parking Area EXHIBIT D: Aerial View and List of Property Owners (300' Search) SBDS02 433887v1 BARNESÞBURG LLP EXHIBIT A LEGAL DESCRIPTION OF PARKING AREA (WITHIN CORPORATE LIMITS OF CITY OF SOUTH BEND) That Part of the Southwest Quarter of Section 36, Township 38 North,`.Range 2 East, Portage Township, St. Joseph County,. Indiana which is described as: Beginning at a point that is North 69°52'17" East, 147.42 feet and North 89°41'49" East, 28.06 feet from the Southwest corner of said Section 36; thence North 89°41'49" East, 499.59 feet; thence North 00°46'26" West, 638.08 Feet; thence South 89°41'49" West, 3.34 feet; thence South 00°35'46" East, 325.59 feet; thence South 89°42'46" West, 255.46 feet; thence South 27°30'49" West, 62.01 feet; thence South 32°29'12" East, 40.88 feet; thence South 00°18'11" East, 223.14 feet; thence North 89°41'49" East, 121.72 feet to the point of beginning and a forty (40) foot wide parcel of ground described as beginning at a point of the North line of Angela Blvd. North'`89°41'49 East 28.06 feet and North 69°52'17" East 147.42 feet and. North 89°41'49" East 499.59 feet from the Southwest corner of Section 36; thence North 00°46'26" East 638.08 feet; thence North 89°41'49" East 40.00 feet; thence South 00°46'26" West 638.08 feet to the North line of Angela Blvd; thence South 89°41'49" West along said North line 40.00 feet to the point of beginning; excluding that portion of the above- referenced property located outside of the corporation limits of the City of South Bend. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Mr. Gregory P. Hakanen Director of Asset Management&Real Estate Development University of Notre Dame 910 Flanner Hall Notre Dame IN 46556-5611 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE GENERAL ACCESS AND PARKING EASEMENT AGREEMENT THIS GENERAL ACCESS AND PARKING EASEMENT AGREEMENT (this "Agreement") is made and entered into effective as of the day.of 201_,by and between the BROTHERS OF HOLY CROSS, INC., an Indiana non-profit corporation (the "BHC") and UNIVERSITY OF NOTRE DAME DU LAC, an Indiana non-profit corporation ("ND"). In this Agreement, the BHC and ND are referred to together as the"Parties". Background A. The DIOCESE OF FORT WAYNE-SOUTH BEND, INC., an Indiana non-profit corporation (the "Diocese"), owns certain parcels of real estate including (i) approximately 5.6+/- acres of land located on the Northwest corner of State Route 933 and Angela Boulevard, together with improvements thereon generally known as Saint Joseph's High School as more particularly described on Exhibit A attached hereto(the "School Parcel"), and (ii) approximately 14 acres of land and certain parking and other improvements located West of the School Parcel as more particularly described on Exhibit B attached hereto (the "Back 14 Acres"),which is also West of an approximately 40 foot wide strip of property (containing approximately .59 acres) owned by the BHC extending North-South, along the western side of the School Parcel (the "Access Strip"). B. Each of the Diocese and BHC, as a grantor has created certain easements benefitting or encumbering the School Parcel, Back 14 Acres or Access Strip, including easements, rights and obligations created by (i) BHC under Instrument No. 9630308 entitled "Corrective Grant of Easement" recorded with the Office of the St. Joseph County Recorder ("Recorder") involving the Access Strip (the "Existing Access Easement"), and (ii)BHC and the Diocese under Instrument Nos. 9630309 and 9630310, respectively (together, the "Former Easements"), recorded with the Recorder, both of which automatically terminate by their terms upon the transfer of the Back 14 Acres. C. The Diocese is a party to two (2) separate Real Estate Purchase Agreements entered into with (i) BHC, pursuant to which the Diocese agreed to sell, and RI-IC agreed to purchase, the Back 14 Acres (the `BHC Agreement"), and (ii) ND, pursuant to which the GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 1 Diocese agreed to sell, and ND agreed to purchase,the School Parcel (the "ND Agreement,"and together with the BHC Agreement, the"Purchase Agreements"). D. The Parties have agreed that, as of the date the transactions contemplated in the Purchase Agreements close(which closings are to occur on the same date, which date shall be the "Effective Date" herein), BHC as the fee owner of the Back 14 Acres(the "Grantor")would grant for the benefit of the School Parcel, certain access and parking rights (subject to obligations), including (i) ingress/egress rights over the area described on Exhibit C attached hereto (the "Access Easement Area"), and (ii) ingress/egress and parking rights over the area described on Exhibit D attached hereto(the"Parking Easement Area"). E. The Parties enter into this Agreement to memorialize the grant of rights and obligations with respect to the continued and future use of the Access Easement Area and Parking Easement Area. NOW, THEREFORE, in consideration of the background provisions, the mutual covenants contained herein and for other good and valuable consideration, the. Parties agree as follows: 1. Background. The background provisions above are incorporated into the body of this Agreement as if fully set forth herein. The Parties agree (a) upon execution by both Parties, this Agreement and Deed (as defined in Section 3 below) shall be submitted to and held by Meridian Title Corporation, 202 S. Michigan Street, Suite 300, South Bend, Indiana 46601 (the "Title Company")pending the transfers of property under the Purchase Agreements, (b) the Title Company is fully authorized to date this Agreement and Deed as of the Effective Date, and (c) the Title Company shall record this Agreement and Deed with the Office of the Recorder only on or after the Effective Date. 2. Access Easement. As of the Effective Date, the rights, obligations and encumbrances created under Instrument No. 9630308 shall terminate. Specifically, as of the Effective Date, the Grantor conveys to the owner of the School Parcel ("Grantee") and its successors and assigns,a permanent and non-exclusive ingress, egress and use easement over the Access Easement Area for the benefit of the School Parcel, to allow unrestricted pedestrian and vehicular access onto, from and between the School Parcel, the Parking Easement Area and any adjoining public rights of way for use by Grantee, its students, employees, agents, licensees and invitees (the"Access Easement"). With respect to the Access Easement Area: (a) Private Drive. Except as otherwise provided herein, until such time as either (i) the asphalt private driveway located within the Access Easement Area (the "Private Driveway") is connected to a newly constructed,paved private driveway located North of the Access Easement Area by, or with the permission of BHC, to serve as another access route to property owned by BHC and/or Holy Cross College, Inc. ("HCC"), (ii) a new building improvement is constructed within the Back 14 Acres to be served by the Private Driveway, or(iii) the Grantor widens the Private Driveway to more than twenty (20) feet in width (with such earliest date being the "Expanded Use Date"); the Grantee, at its own expense, shall keep in good structural repair and generally maintain (including snow removal) the entire Private Driveway (the "Maintenance GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 2 Obligations") extending in a general North-South direction the total length of the Access Easement Area. From and after the Expanded Use Date, Grantor and Grantee shall share equally (or in such other proportion as the Parties may then agree based on their respective use of the Private Driveway) the Maintenance Obligations for the continued maintenance and repair of the Private Driveway. (b) Use. The Private Driveway and any related access cut connecting the same to Angela Boulevard, shall be dedicated to the sole use of Grantor and Grantee, their successors and assigns and their respective students, agents, employees and invitees, including without limitation, the students, agents, employees, invitees and affiliates of Grantor and HCC. The foregoing Access Easement is also conveyed for the benefit of, and granted in favor of, all police,fire protection, ambulance, delivery vehicles,and all similar persons to enter upon the Access Easement Area in the performance of their duties. The Grantor and Grantee agree to meet to discuss and attempt, in good faith, to resolve any traffic control matter raised by either party related to their respective use of the Private Driveway. (c) Parking within Access Easement Area. Grantor agrees that all parking spaces currently located within the Access Easement Area shall be designated for the exclusive use by Grantee(and its employees, students,licensees and invitees) to serve the parking needs of the School Parcel until both(i) the Expanded Use Date is realized, and (ii) Grantor gives notice that such parking rights within the Access Easement Area terminate (or the parking spaces which are fully or partially within such area are otherwise removed as part of the widening or improvements made within the Access Easement Area). (d) Expansion by Grantor or Grantee. In the event either Grantor or Grantee desires to widen the Private Driveway to more than twenty(20)feet in width or otherwise realign and further improve the Private Driveway within the Access Easement Area, such Party shall be allowed, at its sole cost and expense, to construct such additional driveway area within the Access Easement Area for use as permitted hereunder and, thereafter, such additional/realigned driveway area shall be made part of and incorporated in the Access Easement without further action by the Parties. The Parties agree, however, that the construction of any such improvements (i) by Grantee shall be subject to the prior approval of Grantor which shall not be unreasonably withheld, and (ii) by Grantor(when Grantee is solely responsible for Maintenance Obligations) will not involve the transport of heavy equipment or construction vehicles over the existing Private Driveway except as may be permitted by Grantee, which permission shall not be unreasonably withheld, and (iii) will include a physical separation (unless otherwise agreed to between Grantor and Grantee)between the Private Driveway and the Parking Easement Area. (e) Safety. From and after the Expanded Use Date, the Parties agree to cooperate in good faith to take reasonable measures to integrate a safe pedestrian crossing point as part of any improvement of the Private Driveway("Pedestrian Crossing") across the Access Easement Area (connecting the Parking Easement Area and School Parcel). The Parties also agree that prior to the Expanded Use Date, Grantee shall have the right to design and install at its expense (subject to Grantor's approval which will not be GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 3 • unreasonably withheld), one or more Pedestrian Crossings to help facilitate safe pedestrian crossing to and from the School Parcel. • 3. Reciprocal Easement. As of the Effective Date (and prior to the grant of rights under this Agreement), BHC conveys to ND by quit-claim deed(the"Deed"),approximately .23 acres of property located between the School Parcel and Access Easement Area which is legally described on Exhibit E (the ".23 Acre Section"). As of the Effective Date, ND grants to BHC and its successors and assigns, a non-exclusive ingress, egress and use easement over the .23 Acre Section, to allow unrestricted pedestrian and vehicular access onto, from and between the Back 14 Acres, property to the North of the Back 14 acres, the Parking Easement Area and any adjoining public rights of way for use by BHC and HCC and their respective successors and assigns,affiliates, students, employees, agents, Iicensees and invitees,until such time (if ever) as the Private Driveway within the Access Easement Area is connected directly to Angela Boulevard by a curb-cut access point which Grantee will support in any reasonable way. requested,by BHC. The Grantee covenants and agrees that it will fully approve the closing of the curb-cut/access point located within the .23 Acre Section if required or otherwise requested by BHC in connection with such closure and realignment or improvement of the Private Driveway by BHC, at its expense, which connects the same to Angela Boulevard. In addition,the Grantee is permitted to close such curb-cut/access point located within the .23 Acre Section (and the use of the .23 Acre Section), at its expense, in the event it relocates the same within the Access Easement Area to connect the Private Driveway to Angela Boulevard. The Grantee, at is sole expense shall repair and maintain the .23 Acre Section in good and safe condition for so long as it is used for ingress/egress to Angela Boulevard. 4. Parking Easement. As of the Effective Date,subject to the limitations contained herein, Grantor grants to Grantee and its successors and assigns, for use by Grantee, its employees, students, agents, licensees and invitees (in common with use shared by Grantor and HCC except as otherwise provided below), a permanent and non-exclusive ingress, egress and parking use easement, over, through and across the Parking Easement Area to access the Parking Easement Area from the Access Easement Area and/or any public right of way and to use the same for general parking purposes(the"Parking Easement"). (a) Use. The Parties agree that with respect to the Parking Easement: (i) Prior to the Expanded Use Date, all parking spaces located within the Parking Easement Area (and outside of the Access Easement Area) will be available for shared use by Grantee, Grantor and HCC;'and (ii) Unless otherwise agreed by the parties, from and after the Expanded Use Date, the (1) row of parking spaces (totaling approximately 21 spaces) located on the western-most portion of the Parking Easement Area shall be reserved for the exclusive use to serve the Back 14 Acres; and (2)remainder of the parking spaces located within the Parking Easement Area shall be reserved for the exclusive use to serve the School Parcel. (b) Termination of Parking Easement. The Parties agree that the Parking Easement granted hereunder shall remain in effect for the benefit of the School Parcel so GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 4 long as the School Parcel is used (or is held for redevelopment and thereafter used) for educational, religious or charitable purposes in furtherance of the educational, religious and charitable missions of BBC or ND (the "Intended Use"). In the event the School Parcel is used for a commercial use outside of the scope of the Intended Use, the Grantor shall have the right, at its option,to terminate the Parking Easement upon written notice to Grantee in the event Grantee and Grantor are unable to agree on mutually acceptable terms for the continued use of the Parking Easement. (c) Restrictions on Use during Home Notre Dame Football Games. Notwithstanding the foregoing or anything to the contrary contained herein, Grantee acknowledges and agrees that Grantor and HCC shall have the exclusive use of the entire Parking Easement Area for ingress, egress and parking purposes during the Exclusive Parking Period (as defined below)on weekends during which University of Notre Dame football games are played at "home" (on the ND campus). For purposes of this section, the Exclusive Parking Period shall be from 6:00 a.m. on the day of each home Notre Dame football game to 8:00 a.m, on the following day. Grantor agrees that it shall be responsible for the collection and disposal of trash and other debris (if any) generated during the Exclusive Parking Period within the Parking Easement Area. (d) Maintenance & Repairs. At all times from and after the Effective Date (unless Grantee's parking rights have terminated or it has otherwise ceased use of and released its rights to use the Parking Easement Area), the Grantee, at its own expense, shall be responsible for all Maintenance Obligations (general repair, surface coating, striping and snow removal)of the Parking Easement Area. (e) Lighting (Utilities). As part of the Parking Easement, Grantor grants Grantee the permanent, non-exclusive right and easement to locate(at Grantee's expense) on, under and across the Access and Parking Easement Areas, electrical utilities and lighting to serve the Parking Easement Area ("Lights") and the right to lay, install, erect, service,repair and maintain such Lights and any such electrical utilities. (f) ADA Accessible. Grantor and Grantee shall have the right to designate (subject to the prior consent of Grantor, when requested by Grantee, which will not be unreasonably withheld)a number of"ADA Accessible only"parking spaces to serve their respective parcels as may be required to comply with applicable zoning ordinances and/or to provide reasonable parking for handicapped use. 5. Real Property Taxes. Grantor agrees to use commercially reasonable efforts to file appropriate applications,and take such other commercially reasonable actions to seek(if the Access and Parking Easement Areas so qualify) a full exemption of the Access and Parking Easement Areas from real property taxes. Grantee agrees to cooperate, in good faith,to provide any information which may be necessary regarding its use of the Access and Parking Easement Areas which may assist in support of such applications. 6. Mutual Insurance and Indemnity Obligations. After the Effective Date and for so long as BHC (as Grantor)owns either the Access Easement Area or Parking Easement Area and the same are used by the owner of the School Parcel(as Grantee): GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 5 (a) Insurance. Both Grantor and Grantee shall each maintain,during the use of the easements hereunder, liability insurance in amounts sufficient to adequately protect their respective use of either the Access Easement Area and/or the Parking Easement Area. Insurance shall include worker's compensation, employer's liability, automobile liability, general liability and excess liability insurance with minimum limits of $1,000,000 each person/$1,000,000 each accident automobile liability, $1,000,000 per occurrence/aggregate general liability and $5,000,000 per occurrence/aggregate excess liability. Each party shall name the other as additional insured under each policy (excepting the worker's compensation and employer's liability policies). (b) Mutual Indemnity. Grantor and Grantee shall indemnify, defend and hold harmless each other from any liability, claims, suits, losses or damages to any person, including their respective invitees, officers, directors, employees or students resulting from their respective use of the above described easement property. 7. Other Agreements. (a) Reservation. Each of the Parties retains, reserves, and shall continue to enjoy the use of the surface and subsurface of its respective property outside of the Access and/or Parking Easement Areas for any and all purposes which do not interfere with or prevent the use of the Access and/or Parking Easement Areas for the purposes as provided herein, (b) Modification. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any modification of this Agreement must be in writing and must be signed by the Parties (or their successors in title to the properties subject to easements granted herein). (c) Binding Nature. This Agreement and the covenants and undertakings herein by each of the Parties, shall run with the land and shall not be affected by a conveyance of all or any part of the Access Easement Area, Parking Easement Area, Back 14 Acres or School Parcel. (d) Governing Law. This 'Agreement shall be construed and interpreted under the laws of the State of Indiana,without regard to conflict of law principles. (e) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original with counterparts signed by one party when combined with counterparts signed by other parties to this Agreement constituting an original contract. (f) Reference. Pursuant to I.C. §32-23-2-5, the original recorded Plat(or if no plat for the respective parcel is recorded, the most recent deed of record) from which (i) the Parking Easement Area is referenced, is Doc. # recorded on in the Office of the Recorder of St. Joseph County, Indiana, and(ii) the Access Easement Area is referenced, is Doc. 11 recorded on in the Office of the Recorder of St. Joseph County, Indiana. GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 6 IN WITNESS WHEREOF, the undersigned execute this Agreement on the date or dates indicated below effective as of the date first written above. "BHC" BROTHERS OF HOLY CROSS,INC. By: $y• c!(i4 C✓ c;;:IL-P, cst Printed: Brother Chester Free], C.S.C. Title: Provincial Date: September 14,2011 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Brother Chester Free], C.S.C., the Provincial of the Brothers of Holy Cross, Inc., an Indiana non-profit corporation, who acknowledged the execution of the foregoing document for and on behalf of said entity and stated that the facts contained therein are true and correct. Witness my hand and Notarial Seal this 14th day of September,2011. P / My Commission Expires: (Signature) Notary Public Residing in St.Joseph County, 2/18/16 Indiana Richard A.Nussbaum,H (Printed Name) GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 7 { "ND" UNIVERSITY OF NOIRE DAME DU LAC By: /l® W®d� — • Printed: John F.Aflleck-Graves Title: Executive Vice President Date: September lie,2011 STATE OF INDIANA ) SS; COUNTY OF ST.JOSEPH ) Befo e , . Nom:. Public in and for said aunt and State, personally appeared ,( ,'_, ' ' ,,,„es„.)the ✓, ,� �.:fthe University of Notre Dame u ac, an / a iana non-profit corporation, who acknowledged the execution of the foregoing document for and on behalf of said entity and stated that the facts contained therein are true and correct. Witness my hand and Notarial Seal this //A da of September,2011. M Commission Expires: (Signatur,! Notary Public Residing inl' County, Indiana " / 1 /e7haria. (Printed ame) .•4.'ie''�o, ANGELA S. TOMPKINS r Nouoy. %Notary Public,State of Indiana �►, ,* St.Joseph County VEAL; Commission N 627866 • ,•. . p� My Commission Expires '4t�nm��`r July 12,2019 This instrument prepared by Richard I.Deahl,BARNESÞBURG LIP,6001st Source Bank Center, 100 North Michigan Street,South Bend,Indiana 46601. I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Richard J.Deahi GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 8 EXHIBIT A LEGAL DESCRIPTION OF SCHOOL PARCEL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT A 5/8" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89°41'49" E., 592.13 FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 68°52'17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 292.36 FT. TO A 5/8" CAPPED REBAR SET ON THE WEST LINE OF MICHIGAN STREET(U.S.#31),THENCE ALONG SAID WEST LINE AND A 2950.53 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 652.18 FT. TO THE END OF A CHORD WHICH BEARS N. I 1°03'53" E. AND HAVING A DISTANCE OF 650.83 FT. TO A FOUND 3/4" IRON PIPE; THENCE S. 89°4I'49" W., 478.43 FT. TO A FOUND 3/4" IRON PIPE; THENCE AROUND A 3274.04 FT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BAERS S. 05°28'41" E. AND HAVING A DISTANCE OF 640.67 FT. TO THE POINT OF BEGINNING. CONTAINING 5:62 ACRES. • GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 9 EXHIBIT B LEGAL DESCRIPTION OF BACK 14 ACRES THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36 AND PART OF THE SOUTHEAST QUARTER OF SECTION 35, T 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SECTION 36, THENCE ALONG THE SOUTH LINE OF SAID SECTION N. 89°41'49" E., 28.06 FT. TO A 5/8" CAPPED REBAR SET ON THE NORTH:RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE ALONG SAID NORTH LINE AND AROUND 217.34 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 150.41 FT. TO THE END OF A CHORD WHICH BEARS N. 69°52'17" E. AND HAVING A DISTANCE OF 147.42 FT.;THENCE N. 89°41'49"E. 499.59 FT.;THENCE N. 00°4626" W. 638.08 FT.; THENCE S. 89°41'49" W.; 1093.92 FT.; THENCE S. 00°46'26" E., 21 5.00 FT.; THENCE S. 49°55'49" E., 31 3.51 FT.; THENCE N. 89°41'49" E., 11 5.00 FT.; THENCE S. 00°46'26" E., 270.00 FT. TO THE SOUTH LINE OF SECTION 35; THENCE ALONG SAID SOUTH LINE N. 89°41'49" E., 75.00 FT. TO THE POINT OF BEGINNING. CONTAINING 13.86 ACRES. GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 10 • EXHIBIT C LEGAL DESCRIPTION OF ACCESS EASEMENT AREA A FORTY(40)FOOT WIDE PARCEL OF GROUND,BEING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS `BEGINNING AT A POINT OF THE NORTH LINE OF ANGELA BLVD. NORTH 89°41'49" EAST 28.06 FEET AND NORTH 69°52'17" EAST 147.42 FEET AND NORTH 89°41'49" EAST 499.59 FEET FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE NORTH 00°46'26" EAST 638.08 FEET; THENCE NORTH 89°41'49" EAST 40.00 FEET; THENCE SOUTH 00°46'26" WEST 638.08 FEET TO THE NORTH LINE OF ANGELA BLVD; THENCE SOUTH 89°41'49" WEST ALONG SAID NORTH LINE 40.00 FEET TO THE POINT OF BEGINNING. • GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE I I EXHIBIT•D DIAGRAM AND/OR LEGAL DESCRIPTION OF PARKING EASEMENT AREA THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36,TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT A POINT THAT IS NORTH 69°52'17" EAST, 147:42 FEET AND NORTH 89°41'49" EAST, 28.06 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE NORTH 89°41'49" EAST, 499.59 FEET; THENCE NORTH 00°46'26" WEST, 638.08 FEET; THENCE SOUTH 89°41'49" WEST, 3:34 FEET; THENCE SOUTH 00°35'46" EAST, 325.59 FEET; THENCE SOUTH 89°42'46" WEST, 255.46 FEET; THENCE SOUTH 27°30'49" WEST, 62..01 FEET; THENCE SOUTH 32°29'12" EAST, 40.88 FEET; THENCE SOUTH 00°18'11" EAST, 223.14 FEET; THENCE NORTH 89°41'49"EAST, 121.72 FEET TO THE POINT OF BEGINNING. GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 12 EXHIBIT E (' LEGAL DESCRIPTION OF .23 ACRE PARCEL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 5/8" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89°41'49" E., 539.59. FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 69°62'17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH 'IS N. 89°41'49" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 52.54 FT.; THENCE AROUND A 3274.04 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 641.70 FT.TO THE END OF A CHORD WHICH BEARS N. 05°28'41"W. AND HAVING A DISTANCE OF 640.67 FT TO A FOUND 3/4" IRON PIPE; THENCE S. 00°46'26" E. 638.08 FT TO THE POINT OF BEGINNING. CONTAINING 0.23 ACRES. 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" - '..: `7r1. ^k .$rd+.pfiy k9aiwrY. fii "+Ya IGe an.iLFU� S; b 1.'1 1 '�a y I ilntla I '..,;,..144-1,,, frf. d 7',y , 1 . I 1._ I , t:11-5 3 4:'1! r Information shown on this map is not warranted for accuracy or merchantability.Reproduction of this material is not possible without the written permission of the Michiana Area Council of Governments. EXHIBIT D AERIAL MAPS OF 300' SEARCH & NAMES AND ADDRESSES OF PROPERTY OWNERS Diocese of Fort Wayne South Bend, Brothers of the Holy Cross St. Joseph Catholic High School Inc. P.O. Box 460 1441 N. Michigan St. 1441 N. Michigan St. Notre Dame, IN 46556 South Bend, IN 46617 South Bend, IN 46617 F. Geoffrey Samora Mary H. Becker Erik& Deanna Hines 150 W. Angela Blvd. 111 Oakwood Dr. 4418 S. King Ct. South Bend, IN 46617 Canonsburg, PA 15317 Chicago, IL 60612 John E. & Josephine M. Broden MHENNIG Properties LLC Series 1 Lindborg Real Estate LLC 1319 Ostego St. 1439 Semar Ct. 138 N. Angela South Bend, IN 46617 Mount Prospect, IL 60056 South Bend, IN 46617 Brian John Carlson LUPRESTO ROCCO JOHN ' 650 WEST GOLF LLC 1315 Ostego Ave. 217 W poky South Bend, IN 46617 g on 110 W Golf Rd South Bend, IN 46617 Schaumburg, IL 60195 Systems, Inc. ROWLAND ANTHONY F& Memorial Health S y COLETTE RES LIFE EST& LA DOLCE VITA PROPERTIES 615 N. Michigan Ave. REMAINDER TO RACHEL F LLC South Bend, IN 46601 DAVIES& JESSICA MARY FELTES 35 W 33rd Street Apt#14D 1302 Hillcrest nd New York, NY 10001 South Bend,IN 46617 SMITH RANDALL BRIAN 1310 Hillcrest Rd South Bend, IN 46617 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 September 6, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 9/5/12 Dear Council Members: The above referenced petition of the University of Notre Dame and the Brothers of the Holy Cross was legally advertised on August 24,2012. The Area Board of Zoning Appeals gave it a public hearing on September 5, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Velleman and unanimously carried, the petition for Special Exception to allow an off site parking lot in a"U" University District, on property located at 1441 N. Michigan Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of this report. Sincerely,/ Mark A. Lyons Assistant Zoning Administrator MAL/cah UNIV. NOTRE DAME/ BROTHERS OF THE HOLY CROSS CONDITIONAL USE PURSUANT S.J,C.C:CHAPTER 8 AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. The public convenience and welfare will be substantially served by the CONDITIONAL USE because: Development and use as presented will comply with all building,fire safety,traffic,and parking regulations as to not being injurious to the public health,safety,morals,and general welfare of the community. 2. The nature,location,size and site layout of the CONDITIONAL USE will be compatible with the immediate area because: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. Adequate water,sanitary, ingress/egress,drainage and other necessary facilities have been or are being provided to assure safe and sanitary conditions in the vicinity of the request because: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. The proposed CONDITIONAL USE does not conflict with the Comprehensive Plan or any otherplan duly adopted by St.Joseph County because: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this CONDITIONAL USE is GRANTED, subject to any conditions stated in the Minutes(which conditions are incorporated herein by reference and made part of this decision). ADOPTED this 5th Day of September,2012 YES NO MICHAEL URBANSKI RANDALL MATTHYS JACK YOUNG © BRENDAN CRUMLISH GERALD PHIPPS • © ROBERT HAWLEY JOE VELLEMAN 6 ,. ■, p , t ).,—16 RESOLUTION NO 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 1038 Notre Dame Avenue AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVID W. & MARY B. MURPHY WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1038 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northwest Quarter Section 1, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot "A" as shown on the plat of"Boyd-Snee's Subdivision, First Replat" recorded June 136, 2012 in the office of the St. Joseph County,Indiana Recorder as Instrument No. 1217686. and this property has Tax Key Number 18-5105-3702.02,be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 1 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10,2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent(10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. 2 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five(5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2,the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 6.�' g. k+Q cis b tlyp�� � cit ` �� �rA6bbUsA CO��ca1 2d ell I)" Member of the Common Cou it Filed in Clerk's Office 3 OCT -92012 NOT Ar PROM : ;� ;E JOHN VOU6.02E CITY CLERK,SOUTH BEND,IN a SQV Til ll 1200 COUNTY-CITY BUILDING c PxoNE 574/235-9371 227W JEFFERSON BOULEVARD FAx 574/235 9021 SOUTH BEND,INDIANA 46601-1830 1865 ,....... CITY OF SOUTH BEND PETE BUTTIGJEG, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT October 9, 2012 Council Member Henry Davis Jr., Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: David W. & Mary B. Murphy Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by David W. & Mary B. Murphy, to build a single-family home at 1038 Notre Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form,, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single-family home at a cost of$450,000 - $500,000. The project meets the qualifications for a (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, October 22" . Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5836. Sincerely, David Relos Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C.ME2P DONALD E.INKS 574/235-9660 574/235-9371 FAx: 574/235-9469 .000*%otITH 1200 COUNTY-CITY BUILDING ',.�. \ -`��j d_ PHONE 574/235-9371 U 2 \V"," PHONE i � FAx 574/235-9021 W. 227 JEFFERSON BOULEVARD W � PEaCF.�j. •• SOUTH BEND,INDIANA 46601-1830 �N 1865 ,,•''''' CITY OF SOUTH BEND PETE BUITIGJEG, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: DAVID RELO(' SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: David W. & Mary B. Murphy DATE: October 9, 2012 On October 4,2012,a petition for residential tax abatement consideration for real property located at 1038 Notre Dame Avenue was filed with the City Clerk by David W. &Mary B. Murphy. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (copy attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Mr.&Mrs.Murphy intend to construct a 2,500—2,700 square foot residence. The home will have three- four bedrooms with 3 %2 baths, along with a finished basement, two-car garage, and a screened in porch. The project is part of the Notre Dame Avenue Housing Program and as such will follow the design specifications and standards required by that program.The cost of the home will be$450,000- $500,000. Total taxes to be abated during the(5)five-year abatement period are estimated at$1,893.34. Total taxes to be amid during the(5) five-year abatement period are estimated in the range of$23,367.05 - $26,190.55. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C.METER DONALD E.INKS 574/235-9660 574/235-9371 Fix.: 574/235-9469 South Bend Common Council RE: David W. &Mary B. Murphy October 9, 2012 Page 2 ABATEMENT QUALIFICATION 1. A review of previously granted tax abatements finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds the property to be located in the Northeast Neighborhood Development Area,which is a Tax Incremental Allocation Area,though the property is not located within the Northeast Neighborhood's residential TIF area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec. 2-76 et seq.,for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other ame•i;tr,.s such as finished basements and garages. the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project(use additional sheet for long project descriptio s : � Si A_ 34" 1 QR!L _ \( F s ±3—Q �3� ' •1C' o Zi rk&-_baag- buCtlk..M 44sx,__La.:5- icc29-1-st 711.9.114- ,..„..„-rm 3 • -T- 4 ,S.• tilTS".0,O co j 2. Estimate the dollar value of the constriction project(do not include land cost): SQ(�1Q 3. The real property for which tax abatement consideration is petitioned(Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest .4. ALLAI•_Int44.24.____AFE—V_I_E&Solly_Msta4_ Trtcr, _ N.L4/1($4.0%-t-4----Q•/ il.G,rS--G I 0431Z 4. The commonly known address of the Property is:_193g'_ _AVL. °ta. ,,auc3llaving tax key no.:01$$101 n 0.1. • 0�__(use additional sheet for multiple addresses or y numbers). 0/110-14- fb Y ad t' svLetuice Fy.,LSo Le AS Vlic•An " (A,NesL 5. A legal description of sai Property(s) attached hereto, marked Exhibit A, and is incor rated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. �q_ _q RSt000 FR — Argvn� 8. The current assessed valuation of the property before construction is $ (use additional sheet for 114.1 multiple addresses). (Information may be obtained from the St.Joseph County Assessor's Office, 235-9523). 9. List the real property taxes paid at the location during the previous two years,whether paid by the current owner or a previous owner(use additional sheet for multiple addresses): --------------------------------------------------------------------------------------- (This information may be obtained from the St.Joseph County Treasurers office, 235-9531) 10. What is your best estimate of the after completion market value of the property: 5 -- 01g) • (Rev.5/13/11) 1 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values ,�a prevent a nor al development of the property- L o4.! 1 g i o .�- s - a 'Q+tkn�e� 11 4644,12,_.61i____ gest !s bPa i kk-ti'-�- --- -- - - --btaiirr -- � 9C�,is z _, - .. .., _L,�_l'«J•f d•R,e, - - tom- - - -� _ ` �►e�T_/L•�� : ./ - , tP Not any io 4 i s hot, vt3 AmC Reny( ec 'e--}maces. 14. The current use o thoper is and the current 4 p p ty Y�� =- �� zoning is (use). (This information may be obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelo ment Commission(r qiring approval of the tax aba ment by the Redevek) nt Com is:;io ): --- rf sue r . 2lee� 16. The following person should be contacted as the petitioner's agent regar ng additional information and public hearing notifications: Name----s !�s '1!!c, a .' _ Yvl U!,��J_''_ Address__ -t- r '�`'.3Sissast 1�!� �!� -- - City,State,Zi - i ,g,Aett � 5 �' plc 3G? Telephone s5W 7Y- �' S f -_ ,`f- 3 q- �S e�` -- --- -.1)Aint:-117 E-mail Address G�/!emu �C/� N-L PAL u Y6: 4X WHEREFORE, Petitioner has paid the required fee of$50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): / ,� By: � .. ; ..,,. re) i'ii®d in Gierk's O� -- s ( yped or printed name an capa ity) (Rev.5/13/11) JOHN VOORDE 2 CITY CLERK,SOUTH®EHD�IN `"' STATEMENT OF BENEFITS '�'''"'� 20_PAY 20_ 'Alt`l REAL ESTATE IMPROVEMENTS ° ,. State Form 51767(R2/1-07) _ FORM SBA I Real Property -�' „1e Prescribed by the Department of Local Government Finance '° Filed In Clerk's Cffic This statement is being completed for real property that qualifies under the following Indiana Code(check o e box) - -. ❑ Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the .ublic ,r.:" : ••.. requir s information from the applicant in making its decision about whether to designate an Economic Revitaliz.do a 1' " f< ent must b submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for whir fl g'd I f �M "Projects"planned or committed to after July 1, 1987,and areas designated after July 1, 1987,require a , , - - - ) 2. Approval of the designating body(City Council, Town Board,County Council,etc.)must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction,application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable,must be filed with the County Auditor by the later of.;(1)May 10;or(2)thirty(30)days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991,must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement of Benefits. [IC 6-1.1-12.1-5.1(b)and IC 6-1.1-12.1-5.30)1 5. The schedules established under IC 6-1.1-12.1-4(d)for rehabilitated property and under lC 6-1.1-12.1-4.8(1)for vacant buildings apply to any statement of benefits approved on or after July 1,2000. The schedules effective prior to July 1,2000,shall continue to apply to a statement of benefits filed before July 1,2000. SECTION 1 , TAXPAYER INFORMATION Name of taxpayer..., Lw• /4 4 idlatr 6. M Address f xpayer(number and street,city,state,aid ZIPode) .___ . . 1fe '-‘44 IC4•Proilf 141.LtaiAt ' P•• - e IV, ' .2-7ti WICS-4 Name Cont. = son / Telephhoojne number E-mai address p r/ LA/ ' V:1I... "/4"--d -". : / i„ , /+l 0 Svc€€�'C SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of,-s•nating body . ii; -7) Resolution number OfraittA..) .2'' otettle:7 ; (e,i LI Location of property / ,S�// _ D Coun DLGF taxing district number /G i 4/ iii'/ .%L1 -A 7 c - / . Description of real propRerty imnrrovernents,redevelo ment,or rehabilitation(use additional sheet if necessary) Estimated start date(month,day,year) i-Ve, ������vvyfffrss''ss/��g-`- 4 i,g .r 3--� vc L�llatht? at' l,,$GWYAui c ,/�1o�ic A ,4,...; �/Ctx• O�a7oO4.i � c.4...e . / ,•"?-i_ /'S Estimated completion date(month,day,year) / 44 irct w T ��� ,�/,z �'- fit, Sc ,s dSx 64 � SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION 4 f EST ,9„0, D TOTAL COST AND VALUE OF PROPOSED )nJECT ,, NOTE;Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. - COST ASSESSED VALUE Current values ' _..S70 IMO € Plus estimated values of proposed project - SO/OGO IS1,D,Ci0 r J, Less values of any property being replaced Net estimated values upon completion of project ' $`6O Coe - co O SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) / Estimated hazardous waste converted(pounds) Other benefits J4 !J 9,6' /0 i �/c y> � /�,dt . ��, 4 . /4 I aloc-,C- lit. cde4 -14, 4 sib ,tvr rrid 4 e ..a-s1i� /'CIO`s✓/9�oi t y�//l1�e, n Aim- qd r• ✓A, m. Am_mil✓ e_A„j.. ' a iQi , v, �trl�f Aci �t¢rtequi A A, ot.1;wR., G.2,al *..-g ;.e 4 O U.cN�er�::� , Not(t._ t�✓ 00.1e44=4,„;.i t r,.Ve', c.4 6-- - ,.c _ Re,, -44. t 4c- a 4-C tie. - f d...( w�e .�. v e' 744A-e$ • SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this st- • ent are true. Sign: re of au orize• to'-e Title Date signe (mo th,day,year) • _ �` __ Page 1 of 2 .g -F>OR USE OF THEOEtSIGNATING BODY $' We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements ❑Yes ❑No 2.Residentially distressed areas ❑Yes ❑No 3.Occupancy of a vacant building ❑Yes ❑No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. The deduction is allowed for years*(see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Attested by(signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. If the Economic Revitalization Area was designated after June 20,2000,the deduction period may not exceed ten(10)years. C.For vacant buildings,the deduction period may not exceed two(2)years. • Page 2 of 2 THAT PART OF THE NORTHWEST QUARTER SECTION 1,TOWNSHIP 37 NORTH, RANGE 2 EAST,PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS LOT"A"AS SHOWN ON THE PLAT OF"BOYD-SNEE'S SUBDIVISION, FIRST REPLAT"RECORDED JUNE 13TH,2012 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO. 1217686. CONTAINING 0.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS,AND RESTRICTIONS OF RECORD. rlied s diet CC4 Li al 1Z, CITY Ceitil NeVe R to o„o� W N W O° °• ozww 1 (At/H 6g.zg)..-isaa�s sa3 a, .-z/3-- _Z Z WNFJ2 N W m W N O 1 23WZ a ZW3r I 1 • o W 0 ___ 3Nn MJa "� I 5 ..--- > �e�3.scpzm a _ W� w. 3N. M/! T---'- . cv� W� Z ---- aNnM/a •2 CO O _ _ 41 25 - I 41 25' -- n I I _ .-LLO' W --'I --- - E 9 i I O CC •4C m I Y CM CC J 1 2_ < y; -0�_0 ! 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L °°1±lff± 2i{�j 1 JOHN VOO DE 1 CITY CLERK,SOUTH BEND,IN 0 z J z <a. I U co N z 2 3 zZ O <�. .� 1- z33 o- w 0 m O Z = O Z O O W< C Q. ,m z xw ; N�� o. 0moo o _o W 1<� 0 Z N °W N'_ N� In 2 Z z =W I X =W cr OF 00 0fr<O w � a �_ < oa I W C k — yi.s. ; of - Ar mss$.XF e x 3 +, 1,`.: w t%` 'r N. a �', �.j o •..!' r "' `+ ' Y .• ' ' „, : ,:itit: t.... .!. •*i _ilir.1 ,:, 1 s fIN ,-(cas \ 1 Q • r.. Y v ._• ��y� yam. ..:,,,,..t..,;;S- . Wis"q . 7. � '• Fa- �I• ,�,. • ow x.t'x fit_. :h t. _ e ' .RalR { 'C Aw! .} - nSS'' r TM d _ , s , T F Filed In Cleft's °f$Ick, [oci 041012 JOHN VOr)RDE CITY CLERK,SOUTH BEND,IN dr- e- -,,, - . . �•. �y ; t'r R y ~�} 7 3 �.if ` ? 1 40 '1,„:4?:-,,:..,...„.,.,,z......,. .,,..,.. ,,i,tA-:71, ... ... , ., , vllE i 0r 4101w1_ ... .g. � �e • 'rte.. ����#�'��.a��� L1•• � � �� `- yw zi a d`,, `r n r • Filet in Clerk's ®fficti„ e OCT '3 4 2012 C?TY CJOHN K,SOUTH BEND,IN « �. , ! .pd' ..} .w. 3 t ,�/J 0) f • - r i . .D .Q c) i.) --.0-1 ,\.)c) it r , , , f •l'r-irl; CD -N. .,1_>, szj C) •1 , .' ,-,....' :...- A . i. -i ' O '� O O U) . z O .. p -1.'.4.: ..."i* . ,amilpiiii V AM +. S (/ .....j, f + ( h -- • it -� ■� D -mot 0 0 a O 0)„ 4,1, 4 m .. . , ,r : O CD O • • • • 1.. • t4 e 7w[ - . ii,,,,r,, , • . , ,.... ., ..., x A i .-.. y , 'N. a . + 8 ', L . � - ' CD m o Z > 7J mI t 5 YEAR 8-Oct-12 DAVID W. MURPHY South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: frair61431 Total Taxes Tax Abated** Tax Paid*** Assessed Value: STRUCTURE(%AV of cost),, is g.`',_ 382,500.00 382,500.00 382,500.00 LAND Value 01-IN 01-IN 10,000.00 N/A N/A Gross Assessed Value 392,500.00 382,500.00 382,500.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (121,625.00) (121,625.00) (121,625.00) Base Assessed Value 222,875.00 212,875.00 212,875.00 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Non-Abated Amount N/A (137,995.00) N/A Plus Land Assessed Value N/A N/A 10,000.00 Net Assessed Value 222,875.00 74,880.00 147,995.00 Property Taxes: Assume constant tax rate of 4.4598% 4.4598% 4.4598% Gross Tax(tax rate x net assessed value) 9,939.78 3,339.50 6,600.28 Less State&County Homestead Credit: 18.6246% (1,851.24) (621.97) (1,229.28) Tax Due Before Circuit Breaker 8,088.54 2,717.53 5,371.01 Less Circuit Breaker Credit (3,036.46) (2,338.86) (697.59) Net Tax 5,052.08 378.67 4,673.41 Circuit Breaker Cap Circuit Breaker 1.0000% 3,925.00 3,825.00 3,925.00 Debt Service 0.5057% 1,127.08 378.67 748.41 Circuit Braker Cap 5,052.08 4,203.67 4,673.41 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 222,875.00 5,052.08 378.67 4,673.41 2 222,875.00 5,052.08 378.67 4,673.41 3 222,875.00 5,052.08 378.67 4,673.41 4 222,875.00 5,052.08 378.67 4,673.41 5 222,875.00 5,052.08 378.67 4,673.41 5 year totals: 25,260.39 1,893.34 23,367.05 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at$74,880 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of$74,880 and adding back the land assessed value. 5 YEAR 8-Oct-12 DAVID W. MURPHY South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: +ar .j!: Total Taxes Tax Abated** Tax Paid*** Assessed Value: STRUCTURE(%AV of cost) 425,000.00 425,000.00 425,000.00 LAND Value 10,000.00 N/A N/A Gross Assessed Value 435,000.00 425,000.00 425,000.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (136,500.00) (136,500.00) (136,500.00) Base Assessed Value 250,500.00 240,500.00 240,500.00 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Non-Abated Amount N/A (165,620.00) N/A Plus Land Assessed Value N/A N/A 10,000.00 Net Assessed Value 250,500.00 74,880.00 175,620.00 Property Taxes: Assume constant tax rate of 4.4598% 4.4598% 4.4598% Gross Tax(tax rate x net assessed value) 11,171.80 3,339.50 7,832.30 Less State&County Homestead Credit: 18.6246% (2,080.70) (621.97) (1,458.73) Tax Due Before Circuit Breaker 9,091.10 2,717.53 6,373.57 Less Circuit Breaker Credit (3,474.32) (2,338.86) (1,135.46) Net Tax 5,616.78 378.67 5,238.11 Circuit Breaker Cap Circuit Breaker 1.0000% 4,350.00 4,250.00 4,350.00 Debt Service 0.5057% 1,266.78 378.67 888.11 Circuit Braker Cap 5,616.78 4,628.67 5,238.11 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 250,500.00 5,616.78 378.67 5,238.11 2 250,500.00 5,616.78 378.67 5,238.11 3 250,500.00 5,616.78 378.67 5,238.11 4 250,500.00 5,616.78 378.67 5,238.11 5 250,500.00 5,616.78 378.67 5,238.11 5 year totals: 28,083.89 1,893.34 26,190.55 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at$74,880 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of$74,880 and adding back the land assessed value. 1 . dA, o _ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,URGING THE SOUTH BEND CITY ADMINISTRATION TO UTILIZE MINORITY-OWNED BUSINESSES AND WOMEN-OWNED BUSINESSES AS MUCH AS POSSIBLE FOR THE RESIDENTIAL CURBS AND SIDEWALK PROGRAM WHEN WORK IS TO BE PERFORMED BY INDEPENDENT CONTRACTORS • Wrientat Article 3 of Chapter 18 of the South Bend Municipal Code sets forth the current regulations addressing the construction and repair of sidewalks,curbs and gutters;and 0/Cee during this year's budget hearings held by the Council's Personnel and Finance Committee, a pilot program was proposed whereby the current city regulations would be temporarily suspended so that an experimental program could be attempted to "pilot solutions in income eligible neighborhoods";and 0/Cepe the South Bend City Administration has proposed that funding for the Curbs and Sidewalks Program for 2013 be increased from its current 2012 budgeted amount of $481,992 to $676,882;and off.the proposed increase of$194,890 for next year's Curbs and Sidewalks Program would represent an increase of 40.4%in funding,with COIT monies proposed to be transferred into the Motor Vehicle Highway(MVH)Fund;and G' the documents provided to the Common Council provide that"any residents who request new curbs and sidewalks and receive funding from Mayor and Council for alternate sources would have their work performed by independent contracts,which would support the livelihood of the contractors and keep the City curb and sidewalk program separate for paying residents". 0/Ceea the cost of traditional curb and sidewalk replacement is based on a charge per linear foot of the property's frontage for materials and would typically include the removal and replacement of the curb, sidewalk and driveway approach; with an additional costs for removing and replacing trip hazard concrete repairs as well as costs for tree removal;and 0/Ceptai the Division of Engineering in the Department of Public Works will oversee both the traditional curb and sidewalk program and any pilot program which may be attempted. /ter/r, /rr it grit%NW /y /h 6 mmci,. c&oli rii/c tAe iwi% ✓�Nii� as follows: Section I. The Common Council of the City of South Bend recommends that if any independent contractors are to be used as part of a curb and sidewalk program, that the City Administration and in particular the Division of Engineering in the Department of Public Works utilize minority-owned businesses(MBE)and women-owned business(WBE)to the full extent of the law. Section II. The Division of Engineering in the Department of Public Works is urged to provide regular updates on development and proposed and ongoing implementation of the curb and sidewalk programs through the Council's Public Works and Property Vacation Committee. Section III. This Resolution shall be in full force and effect from and after its adoption by the (' 11n^'l..aad.appraval by the Mayor. >td In Clerk's Offk { I OCT 162012 Henry Davis,Jr.,2nd District Council Member JOk fitif iR:�;.i�•.Y_... ._.._. . fpro a defy atx,, 20/2 John Voorde,City Clerk Pete Buttigieg,Mayor of South Bend. I'RESENTEE7:.tO NOT APPROVES ADOPTED /! City of South Bend e , °� Common Council 1865 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://vvvvw.southbendin.gov Derek D. Dieter President October 16, 2012 Oliver J. Davis Vice-President Members of the South Bend Common Council 4th Floor County-City Building Karen L. White South Bend, Indiana 46601 Chairperson, Committee of the Whole Re: Curb and Sidewalk Programs Tim Scott First District Dear Council Members: Henry Davis, Jr. At the September 26, 2012 Personnel and Finance Committee meeting, a 46-page Second District handout was provided addressing various questions and concerns raised by the Council Members during prior committee meetings held on the proposed 2013 civil Valerie Schey city budget. Third District Fred Ferlic I am attaching copies of pages 34-35 of that handout which address in part some of Fourth District the information on a proposed curb and sidewalk program for next year. David Varner In light of the discussions we have had to date, I am attaching for your review and Fifth District support a proposed Resolution. This Resolution urges the City Administration, and the Division of Engineering in particular, to use minority-owned businesses (MBE) Oliver J. Davis and women-owned businesses (WBE) to the full extent of the law when work is to Sixth District be performed by independent contractors. Derek D. Dieter The proposed Resolution also calls for regular updates on the development and Large proposed implementation, and once the program(s) begin regular updates on the Gavin Ferlic overall implementation throughout next year. Such updates are suggested to be At Large given to the Council's Public Works and Property Vacation Committee. Karen L. White With the emphasis which the Common Council has placed on minority and At Large women-owned business outreach, I believe that this Resolution would further strengthen our resolve in pro-actively addressing this important need in our community. I seek your support. Thank you. Sincerely, -�... Filed In Clerk's Office z Henry Davis, Jr. L------,1- 1 0 2°d District Council Member' `` � t [ t Attachments Joie VC .z4VA t CCTV CLERK,soum BEND,IN 4l-. �T , N . Common Council Questions from August 22, 2012 Personnel and Finance Committee Meeting on 2013 Public Works Budget Presentation GENERAL PUBLIC WORKS The council would like an org chart for all PW employees complete with names of individuals in each position-This was provided to Council on September 24, 2012 along with other department organization charts. STREETS Look at a sidewalk program to construct and pay for sidewalks for those who cannot afford new sidewalks. The ordinance requires property owner to pay material cost plus 10 % markup for consumables. If the will of the Council is clearly expressed that they want the administration to suspend this requirement and attempt pilot solutions in income eligible neighborhoods such efforts could be made in 2013. There should be a healthy dialogue on sustainability of property amenity infrastructure in the public ROW that constitutes complete streets. Most streets, curbs and sidewalks were built by developers to city standards and dedicated. The understanding has been that gas tax and wheel tax would fund the perpetual care and maintenance of streets. It is not sufficient to do that street scope on a 20 year return interval. It is surely not capable of taking on 100 % of curb and walk costs as well. A typical lot is 60 feet wide at $ 17 per foot for curb and walk and street trees--- $1,020. If we spread payments over 1 year with 2 % interest it is $86.70 per month for 12 months. If we spread over 2 years at 2 % it is $44.20 per month for 24 months. If we spread over 5 years at 2% it is $18.70 per month for 60 months. Should we establish a policy that under 80 % of MHI ($ 35,000 X .80= $28,000) we will fund and file a lien and use apatient approach getting our share when property changes hands as closing settlement ? Do you want to treat as hardship in cases under 50 % of MHI and no assets but house means we will fund it and not •seek cost recovery. To balance the books for a sustainable program should we 34 limit such work to 20 % of total work per year and increase our overhead markup p • The success and consistency/fairness of the in-house curb and sidewalk program depends on the revenue generated by residents who buy into the program. The credibility of the program would deteriorate if we become selective on who has to pay and who doesn't. An alternative to address concerns raised by Council might be grants or funding through other sources, which would keep the City in-house curb and sidewalk program independent for paying residents. Any residents who request new curbs and sidewalks and receive funding from Mayor and Council for alternate sources would have their work performed by independent contractors, which would support the livelihood of the contractors and keep the City curb and sidewalk program separate for paying residents. Address the economy of doing concrete work with City crews versus bidding to private contractors. g Concrete work awarded to contractors must be,based on prevailing wages. The current prevailing wage for a skilled Cement Mason who performs work on bridges and roadways is $29.42 per hour without fringe benefits, and $40.37 per hour with fringe benefits. The highest hourly rate for a City Sewer department union employee (Job Leader) per hour is $18.77 without fringe benefits, and $25.96 per hour with fringe benefits: This translates into a savings to the City of $10.65 per hour wages without benefits, and $14.41 per hour with fringe benefits. its. The material or cement used to perform the work remains the same for both parties at $84.00 per cubic yard. The equipment is the same. Wages explain only art the economic value of City employees performing the concrete work versus work performed by a private contractor. In addition a contractor is a private for profit organization. They have overhead and profit on a typical concrete contractor- of 30 % if they are to remain in business. The City can do the work for cost of service without profit and fixed overhead is spread over larger operations than most small business contractors. During bad weather non-productive overhead days for a contractor our crews can do other productive functions like] f �A�'Ii'�Ci®rk s ca C?`", 52112 • CITY CLERK,SOUTH BEND,IN 35 0 3 LL-16 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING AND ADOPTING THE LINCOLN PARK NEIGHBORHOOD REVITALIZATION PLAN WHEREAS, in 2006, City Plan, a comprehensive plan for South Bend was adopted by the Area Plan Commission of St. Joseph County and the Common Council of the City of South Bend, which recommends that area-specific plans be developed for portions of the City to provide strategic direction in the future growth and development of that area; and WHEREAS, the City of South Bend has undertaken the responsibility to prepare a Revitalization Plan for the Lincoln Park Neighborhood of South Bend; and WHEREAS, the Lincoln Park Neighborhood is comprised of those properties that lie within the following boundaries: Blaine and LaPorte Streets to the West, Lincoln Way West to the North and East, and the east-west alley north of LaSalle Street and LaSalle Street to the South; and WHEREAS, the Lincoln Park Neighborhood Revitalization Plan contains a detailed land use plan for the development of the area with public and private sector investment opportunities; and WHEREAS, the Lincoln Park Neighborhood Revitalization Plan, which is attached hereto and incorporated herein, contains all the elements necessary to strategically guide development in the Lincoln Park Neighborhood, and is appropriate and in the best interest of South Bend and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I: That the Lincoln Park Neighborhood Revitalization Plan, a true and complete copy of which is attached hereto and incorporated herein shall be and hereby is approved. SECTION II: That this Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. lauAL i). OtA- Member of the Common Co cil @@}} 5 �pp Filed In (to od it �' 1�n d6 �� ' �. 9°� " ' Dart �P�S° e.a�'as'�I era ��,.r..,s-a RESENTEt .., �l7—1--� �1' Caunc�9 ac��n�n��f���suea , ��;� � Not APPROVES .� 'ADOPTED CITY Cl ar i4c,%,4E 1400 COUNTY-CITY BUILDING � �\ `� PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD W \��� eEn'cr/ FAx FAx 574/235-7670 •SOUTH BEND,INDIANA 46601-1830 ' '��,` 1865•. CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW ALADEAN M. DEROSE CITYATTORNEY,AD INTERIM October 15, 2012 Mr. Derek Dieter President, South Bend Common Council 41h Floor, County-City Building South Bend, IN 46601 Re: Resolution of the Common Council of the City of South Bend, Indiana Approving and Adopting the Lincoln Park Neighborhood Revitalization Plan Dear President Dieter: The South Bend Redevelopment Commission has prepared a Revitalization Plan for the Lincoln Park Neighborhood located to the immediate west of downtown South Bend. This area is bounded to the north and east by Lincolnway West, to the west by Blaine and LaPorte Avenues, and to the south by an east-west alley north of LaSalle Avenue. In order to accomplish the Lincoln Park Neighborhood Revitalization Plan, it is necessary for the South Bend Common Council to approve and adopt it. An explanatory memo from Chris Dressel, Planner is attached along with the proposed Resolution and the Lincoln Park Neighborhood Revitalization Plan which was previously sent to Council Members via e-mail from Mr. Dressel on October 10, 2012. Mr. Dressel will present this Resolution to the Council at its Committee meeting and at the full Council regular meeting. Thank you for your consideration. Sincerely, Cl' = Pr) Cleric's Office Aladean M. DeRose City Attorney, Ad Interim OCT 1 7 2012 AMD/cw CITY CLINK,SOOM oigNo,IN CHERYL A. GREENE ANN-CAROL NASH ANDREA L.BEACHKOFSKY LAWRENCE J.METEIVER JEFFREY L.SANFORD m e m o r a n d u m s ,aF_ !;e411KA IC' Community & Economic Development �� ';`.v°,-S., ---,...,11-9., Y/. 227 West Jefferson, Suite 1200, South Bend, Indiana 46601-1830• Phone 574/235-9371 • Fax 574/235-9021 T o : South Bend Common Council From: Chris Dressel,Planner Subject: Adoption of the Lincoln Park Neighborhood Revitalization Plan Date: October 16, 2012 In addition to this memo, please find attached both a resolution which adopts the Lincoln Park Neighborhood Revitalization Plan and the plan document itself. Note that the plan document is the same version as that was provided to Council members via e-mail on October 10th. Community and Economic Development staff requests approval of the attached resolution by council during the October 22"d council meeting. We are currently in the process of receiving feedback from residents and other plan recipients. We'll include a summary of feedback and alterations to the document that took place as a result during the presentation on October 22nd If you should have any questions or require additional information,please contact me at either cdressel @southbendin.gov or 235-5847. Filed In :F . - r� , JO r r` CITY CLEF . . ., : . . •, 111} i;q t , -';_. t $ A . , i a 1 lint:$ D i g s. Cr: ' (1:11111:11) . , , liT13 :, 1 -.1-4"7,;',C51=4'=4,1,-- 4 • tic_ ,,,,...„.„..w_...A.-4 .. I- _ � - ;NI g . s(, , :„ -„, ,fr ...... , ., 0 0 -J t t�^r >.g'',4,i.C.-i E 1.4 0. 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W. a. ° Q o `� ° ° a o t .-v a) 0. a W �. 0 �a a U 4 0 �" >, 4 ids o 0 ° � F+1 3 44� N vU a U N W '� a z to 0 m a, v a, GL v 037 op W 0 Q ° co «S (6 CI?, '6 a a :~ 0 0 :c U Hil as Cqy c � °W o °on > ai ,F W • � -o �h g ` ` b -s 0 °.ti t . ,.. al s-, s.0 -o 0 on >g . CA < �ob W 0 , v. > � •� H 0A a0i W '°0 W 0b o U � N ;'� M U �. g .6 � .6 .6 < .o a�i V1 < t3 r � to' w 'U" OD- Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND STATEMENT OF PURPOSE AND INTENT With the passage of Ordinance No. 6897-81, each year the South Bend Fire Department is required to prepare and file a report on or before September 1St of each year which summarizes all of the ambulance/medical services runs as of August 15th of that year. The report identifies the number and type of each run; the amount billed; the amount collected; the amount in collections; the number of lawsuits filed; and recommendations with regard to fee amounts. The provisions of Ordinance No. 6897-81 have been codified into the South Bend Municipal Code as Sections 9-16 through 9-18. On August 27, 2012, Fire Chief Stephen F. Cox filed the 2012 South Bend Fire Department's Annual Report pursuant to these City Code provisions. The following ordinance incorporates the recommendations set forth in this year's Annual Report. It is believed that the requested changes are in the best interests of the South Bend Fire Department and the City of South Bend. The requested fee adjustments will help maintain the best possible ambulance and medical service runs possible in the City. r//i:e 4-U or i/ned //e '6'6111~11 C 1142- it<l//rn c9i/ /0<c/% M i d ii;e4((na, (hi//~4: Section I. Chapter 9, Article 3, Section 9-16, paragraphs (a) and (i) of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 9-16. Ambulance/Medical User Fees Established. (a) The following user fee schedule shall be charged for all ambulance/medical services provided by the City through its paramedic branch of the South Bend Fire Department: Type of Service Provided Resident Non-Resident 1 Basic Life Support (BLS Non-Emergency) $310.46 $ 414.17 2 Basic Life Support (BLS Emergency) $496.73 $ 662.67 3 Advanced Life Support (ALS Non-Emergency) $372.54 $ 497.00 4 Advanced Life Support (ALS-1 Emergency) $589.86 $ 786.92 5 Advanced Life Support (ALS-2 Emergency) $853.74 $1,138.96 6 Mileage, Basic (Within City Limits) (Per patient miles, $ 10.55 minimum one(1) mile) 7 Mileage, Rural (Per patient miles, minimum one (1) mile) $ 1 0.55 8 Non-Transport ALS Medical Call $150.00 $200.00 (i) The above fees shall take effect on January 1,2013. Section II. Chapter 9, Article 3, Section 9-17,paragraphs of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 9-17. Dedication of Ambulance/Medical User Fee Revenues to the EMS/Fire Department Capital Fund#288; Quarterly Transfers; Establishing When Re- Payment of Monies is Required. (a) The revenues generated by the rates set forth in Section 9-16 shall be dedicated to defraying the expenses of the E.M.S. operating budget, a part of the general fund of the City of South Bend and for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station repairs. All monies collected will be deposited in the EMS/Fire Department Capital, Fund#288. (b) Quarterly transfers in the amount of sixty-two thousand five hundred dollars ($ 62,500) will be made from the EMS/Fire Department Capital Fund # 288 on or about the last day of each quarter of the calendar year. Annual transfers shall not be less than two hundred fifty thousand. dollars ($250,000.00). (c) Any monies transferred in a calendar year which exceed the $250,000 threshold, shall be re-paid to the EMS/Fire Department Capital Fund#288, on or about the last day of each January of the year following said year when the threshold was exceeded. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Dr. Fred Ferlic 4th District Council Member Member of the Common Council Ordinance Establishing Ambulance/Medical User Fees Page 2 John Voorde, City Clerk 3 e,'eizted by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock .m. Janice Talboom, Deputy Clerk 41i c'ed aiint4ipie(/by me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana n . er s Ce OCT I-716 '411Z READikG i o-1-L--k?— PUBLIC HEARING CIT9PC voonog 3 rd READING �sblSOD,IN NOT APPROVED REFERRED PASSED 0601i T$ /!/ City of South Bend 7:. t'ACE/ 4"1 Common Council 1865 ,��' 441 County-CityBuilding • 227W.Jefferson Blvd (574) 235-9321 . ' South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis October 15, 2012 Vice-President The South Bend Common Council Karen L. White 46 Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Tim Scott Re: Ordinance Adjusting Ambulance and Medical User Fees First District Dear Council Members: Henry Davis, Jr. Second District On September 4, 2012, South Bend Fire Chief Stephen F. Cox filed a report which Valerie Sch ey details information on ambulance and medical service runs for the 2012 calendar Third District year. This annual report has been a requirement since 1981, when Ordinance No. 6897-81 was passed by the Common Council and subsequently codified into the Fred Ferlic South Bend Municipal Code as Article 3 in Chapter 9. Fourth District In that Report, Fire Chief Cox highlighted that: David Varner Fifth District • From January 1, 2012 to August 20, 2012, the four (4) city ambulances Oliver J. Davis responded to 8,807 calls for services as detailed below: Sixth District —> Medic 1 had 1,727 calls for service during this period of time Derek D. Dieter Medic 2 had 2,619 calls for service during this period of time At Large --> Medic 3 had 2,285 calls for service during this period of time -� Medic 4 had 2,176 calls for service during this period of time Gavin Ferlic At Large • 227 BLS non-emergency runs for city residents & 13 such runs for non-city Karen L. White residents At Large • 1,160 BLS emergency runs for city residents & 138 such runs for non-city residents • 51 ALS non-emergency runs for city residents & 3 such runs for non-city residents • 1,952 ALS-1 emergency runs for city residents & 227 such runs for non-city residents • 11 ALS-2 emergency runs for city residents & 1 such run for non-city residents • $2,111,363.04 has been billed with $1,487,195.19 collected; and another $61,490.84 in collection. Cover Letter to Proposed Ordinance Adjusting Ambulance and Medical User Fees October 15,2012 Page 2 It is my understanding that the current ambulance/medical user fees being charged by the City were established by a Council ordinance passed in 2008, which became effective January 1, 2009. I am attaching a copy of Chief Cox's August 27, 2012 entire report for reference purposes. It provides a chart on page 3 of the current user fees for residents and non-residents and the proposed user fees recommended for residents and non-residents for comparison purposes. If it my further understanding that the local fees are typically 150% of the allowable reimbursement set by Medicare. Medicare usually adjusts fees on an annual basis. The governing federal regulations are set forth in 42 Code of Federal Regulations, § 414.601 - § 414.625 Subpart H entitled "Fee Schedule for Ambulance Services". I am attaching a copy of those regulations promulgated for Medicare & Medicaid Services, along with a November 2011 brochure entitled "Ambulance Fee Schedule" published by the Department of Health and Human Services, Centers for Medicare 7 Medicaid Services, for additional background information. Section 9-18 (b) of the South Bend Municipal Code calls for any proposed user fee adjustments to be reviewed by the Council's Personnel and Finance Committee and/or the Health and Public Safety Committee. Council Member White has agreed to have the attached Bill heard in a joint committee meeting. The standard of review as set forth in this same section is to determine what are "fair and equitable user fees". The annual report of the Fire Chief to the Common Council provides an opportunity for the sharing of key information about BLS and ALS service runs and related information. With this detailed information, the Common Council may then carefully weigh the proposed fee adjustments in light of local economic concerns and data, balanced with the costs for providing such ALS and BLS medical services needed to properly cover personnel and medical supply expenses. Additionally, the attached ordinance also provides an opportunity to discuss the concept of quarterly transferring $ 62,500 from the EMS/Fire Department Capital Fund#288 for a total of$250,000.00 annually. I recommend that the attached proposed ordinance be referred to the Personnel and Finance Committee and the Health and Public Safety Committee for a joint review, with 2nd & 3rd readings and public hearing to be set for November 12th. Any fee adjustments would not take place until January 1, 2013. Thank you. Sincerely, Filed in Clerk's Office Dr. Fred Ferlic, Chairperson Health and Public Safety Committee OCT 1 6 10 Attachments JOHN VOORDE CITY CLERK,SOUTH BEND,IN B ,•oS0Uf1/ 4 . 4l / O. I22.2 S.MICHIGAN STREET SA" � ��\ ��d PHONE 574/235-9255 � \\ �� , ii ,.,,, S74 SOUTH BEND,INDIANA 466oI-2821 = W �� +, /i !y g FAx 574/235-9305 4. 1565 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR SOUTH BEND FIRE DEPARTMENT STEPHEN F. COX FIRE CHIEF "`'°.. August 27,2012 ; to ale ` 8-- a r� Common Council '' 420/2 , 227 W. Jefferson Boulevard 4 12 455 County City Building C� ....40-,,,t; � ' ''-, I • N South Bend, IN 46601 -,r. 4 Op , Council Members, As stated in City Ordinance No. 9887-08, regarding the City of South Bend Fire • Department's Ambulance/Medical User Fees,per Section 9-18,Annual Review of User Fees by the Common Council,the South Bend Fire Department has prepared the following report to be filed with the office of the City Clerk on or before September 1,2012. Included herein please find a summary of 2012 ambulance/medical service runs as of August 24,2012 by number and type of each run, amount billed, amount collected,amount in collection,number of lawsuits filed,and recommendations with regard to fee amounts. From January 1, 2012 to August 20,2012,the four city ambulance units responded to 8807 calls for service. This includes transports to the hospital,fires,refusals of treatment,etc. The following chart list calls per ambulance: Total calls per unit Medic 1 1727 Medic 2 2619 Medic 3 2285 Medic 4 2176 8807 -"- Filed in Cik: et. Office ' OCT 16 2012 1 JOhik CITY CLERK,swot SENO,IN JAMES LOPEZ TODD L.SKWARCAN ANDREW J.MYER FEDERICO RODRIGUEZ,JR ASST.CHIEF OPERATIONS ASSIST. CHIEF SERVICES ASST.CHIEF EMS FIRE.MARSHAL The following chart includes all billable calls made by Department ambulances and total billable mileages: Type of Run #of Runs Mileage #of Runs Non Resident Resident (1)Basic Life Support(BLS Non Emergency) 227 13 (2)Basic Life Support(BLS Emergency) 1160 ' 138 (3)Advanced Life Support(ALS Non Emergency) 51 3 (4)Advanced Life Support(ALS-1 Emergency) 1952 227 (5)Advanced Life Support(ALS-2 Emergency) 11 1 (8)Non Transport ALS Medical Call 37.' 0 Totals 3438 382 BLS Mileage 10700 ALS Mileage 10331.6 Total Mileage 21031.6 As of August 20,2012 the following amounts have been billed: Amount billed $2,111,363.04 Amount collected $1,487,195.19 Amount in collections(CBM Account Services) $54,177.09 Amount in collections(City Legal Dept.) $7,313.75 Number of Lawsuits filed 0 2012 Ambulance User Fee Recommendation South Bend Ordinance No. 9877-08 requires the Fire Department to issue an annual recommendation in regard to ambulance user fees. The current fees set by this ordinance were calculated from the 2012 Medicare Fee Schedule. The fees are 150%of the allowable reimbursement set by Medicare. The current fees have been in place since January 1,2009. Medicare typically adjusts its fee schedule annually. Most often,this will result in an increase in reimbursable amounts. Since the rate increase that took effect in 2009,there have been modest increases in the allowable reimbursement by Medicare. 2 Due to increases in costs for medical supplies and fluctuations in the costs for fuel,I am recommending increasing our fees as follows: Proposed Ambulance User Fees 2012 2012 2013 2013 Resident Non-Res Resident Non-Res Current _ Current Proposed Proposed (1)Basic Life Support(BLS Non Emergency) $281.05 $374.74 $310.46 $414.17 (2)BLS Life Support(BLS Emergency) $449.69 $599.58 $496.73 $662.67 (3)Advanced Life Support(ALS Non Emergency) $337.26 $449.68 $372.54 $497.00_ (4)Advanced Life Support(ALS-1 Emergency) $534.00 $713.00 _ $589.86 $786.92 (5)Advanced Life Support ALS-2 Emergency) $772.91 $1,030.54 $853.74 $1,138.96 (6)Mileage, Basic(With in city limits, per patient miles, min 1 mile) $9.63 $9.63 $10.55 $10.55 (7)Mileage, Rural (Per patient miles,minimum 1mile) $12.84 $12.84 $15.97 $15.97 (8)Non Transport ALS Medical Call $100.00 $150.00 $150.00 $200.00 It is my further recommendation,as Medicare typically adjusts its fees on an annual basis and South Bend has shown great restraint in maintaining fees at consistently moderate levels,and allowing the fact that such deference to our citizens could be maintained while granting the ability to make reasonable and necessary changes to the fee schedule on an annual basis,that Ordinance No. 9887-08 be amended to include language similar to the following: In the event changes in Medicare or other federal or state health care regulations require or allow an adjustment to current charges set forth herein,the Fire Chief is authorized to adjust the same once per year;Such adjustments to take effect on the calendar date immediately following the date on which written notice of said adjustment is filed with the office of the City Clerk. A mechanism such as this will maintain this Council's oversight authority,ensure South Bend's ambulance user fees are commensurate with those allowed by the Medicare Ambulance Fee Schedule for Indiana, and provide the ability to keep our rates in line with reasonable and customary charges of peer cities. I would be happy to discuss any items in this report,and the pursuit of the language changes outlined above. Sincerely, Step en F. Cox Fire Chief 3 - r DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare& Medicaid Services /. .4, Cr'ITledi Le Ilea Official CMS Information for Medicare Fee-For-Service Providers t Ambulance Fee Schedule • u PAYMENT SYSTEM FACT SHEET SERIES .41: 1. ::,,...'-::„..,- .x :j i !-, ee `6 s 4 .. ` 1 , ;: Y h� :',1 i _ , _ .. . Ce �� �" r t 4 sy �t � ICN 006835 November 2011 �' t a Ambulance Providers and Suppliers "°' ' The Ambulance FS applies to the following 45- *7o ,�. pp g providers and suppliers: Volunteer; • Municipal; • Private; •3 Independent; and • Institutional (i.e., hospitals, Critical Access T Hospitals [CAN]with the exception of CAHs that his publication provides the following are the only ambulance service within 35 miles, information about the Ambulance Fee Schedule (FS): and Skilled Nursing Facilities). ❖ Background; • Ambulance providers and suppliers; Ambulance Services Payments • Ambulance services payments; Payment for ambulance services under the Ambulance FS: • How payment rates are set;and •S Includes a base rate payment(level of service •• Resources. provided) plus a separate payment for mileage to the nearest appropriate facility; Background • Covers both the transport of the beneficiary to the nearest appropriate facility and all medically necessary covered items and services Section 4531(b)(2)of the Balanced Budget Act of (e.g., oxygen, drugs, extra attendants, and 1997 added Section 1834(1)to the Social Security Act electrocardiogram testing)associated with the (the Act), which mandated the implementation of a transport; and national Ambulance FS effective for Medicare Part B ambulance services claims with dates of service on or • Precludes a separate payment for items and after April 1, 2002. The Ambulance FS applies to all services furnished under the ambulance benefit. ambulance services. Section 1834(1)of the Act also required mandatory assignment for all ambulance services, which means that you, as the provider or supplier, will be paid the Medicare allowed amount as payment in full for these services. In addition, you may bill or collect only any unmet Part B deductible and coinsurance amounts from the beneficiary. p=� ti os r e r fit '� .3.--- - vL-4,.. , 41, -- - i '4,ii,:t-;1=5.----tiv2-5,, (7 - ' c* r € : i � ,,,,�- �A, •( 'ICAL RESPONSE �a ct j Y ;------ ,,,,,7.4 .5.4..„*,,,, ,,sue - },,,- - $ "'3; . -- / :-- rffilik—ic r ,y ®Ambulance Fee Schedule How Payment Rates Are Set Effective January 1,2006, the Ambulance FS was , kMM i-.' fully implemented. Each year, an update is applied to the payment limits for ambulance services that is ,, equal to the percentage increase in the Consumer - Price Index for All Urban Consumers (CPI-U)for the 12-month period ending with June of the previous year. _.. . . Under the Affordable Care Act, Section 1834(1)(3)(6) L ,f ; ,- ' of the Act was amended to apply a productivity f� ti4 adjustment to the update equal to the 10-year moving ° average of changes in economy-wide private nonfarm business multi-factor productivity(MFP) beginning on January 1, 2011. The resulting update percentage . !_ is called the Ambulance Inflation Factor(AIF). For calendar year(CY)2012, the MFP is 1.2 percent and stet ift the CPI-U is 3.6 percent. Under the Affordable Care Act, the CPI-U is reduced by the MFP, even if the reduction results in a negative AIF. Therefore, the AIF for CY 2012 is 2.4 percent. Air Ambulance Services Ground Ambulance,..Services As of January 1, 2006, the total payment amount for air ambulance providers and suppliers is based on Effective January 1, 2006, the total payment amount 100 percent of the national Ambulance FS. Payments for ground ambulance providers and suppliers is for air ambulance services under the Ambulance FS based on 100 percent of the national Ambulance FS. include the following elements: Payments for ground ambulance services under the • A nationally uniform base rate for fixed wing and a Ambulance FS include the following elements: nationally uniform base rate for rotary wing; • A nationally uniform base rate or conversion factor • A GAF for each Ambulance FS locality area(GPCI); for all ground ambulance services; • A nationally uniform loaded mileage rate for each • A numeric value for ambulance services relative to type of air service; and the value of a base level ambulance service called • a relative value unit is assigned to each type of A rural adjustment to the base rate and mileage ground ambulance service; for services furnished for a rural POP. • A geographic adjustment factor(GAF)for each Ambulance FS locality area (geographic practice cost index[GPCI]); • A nationally uniform loaded mileage rates • An additional amount for certain mileage fora ;0, ° rural point-of-pickup(POP); and 44i; •3 Additional payments for certain specified - temporary periods. e=1.- - '' Ft , 1, ! - ' '4- 4100-‘1' ' -51* "."_;"--• * --# : ® Ambulance Fee Schedule -- ' " e. . ' ,p9 This fact sheet was current at the time it was published or uploaded onto the web. Medicare policy changes - -- ' frequently so links to the source documents have been T,.9 - a° provided within the document for your reference. _w This fact sheet was prepared as a service to the i public and is not intended to grant rights or impose obligations. This fact sheet may contain references or f ( A--' z links to statutes, regulations, or other policy materials. _ "w The information provided is only intended to be a general summary. It is not intended to take the place of either the written law or regulations. We encourage �' _ readers to review the specific statutes, regulations, �iw and other interpretive materials for a full and accurate statement of their contents. Your feedback is important to us and we use your suggestions to help us improve our educational Resources products, services and activities and to develop products, services and activities that better meet your educational needs. To evaluate Medicare Learning For more information about ambulance services and Network®(MLN) products, services and activities you the Ambulance FS, visit http://www.cros.gov/center/ have participated in, received, or downloaded, please ambulance.asp and http//www.cros.gov/Ambulance go to http://www.cros.gov/MLNProducts and click on FeeSchedule on the Centers for Medicare& Medicaid the link called `MLN Opinion Page'in the left-hand Services (CMS)website and refer to Chapter 10 of the menu and follow the instructions. "Medicare Benefit Policy Manual"(Publication 100-02) Please send your suggestions related to MLN product and Chapter 15 of the"Medicare Claims Processing topics or formats to MLN @cros.hhs.gov. Manual" (Publication 100-04) located at http://www. cros.gov/Manuals/IOM/list.asp on the CMS website. v _ ,-�.f _ To find Medicare information for beneficiaries (e.g., ,2 Medicare basics,managing health, and resources), st visit http://www.medicare.gov on the CMS website. T` --- 9- _ te - , > clsv.RVIC O 4+J s9 H C Illedi _ to rl. � let �CEV?US*MEAGRE&M®IGOSMPPI�f �bd3Q Official CMS Information for Medicare Fee-For-Service Providers -- The Medicare Learning Network®(MLN),a registered trademark of CMS,is the brand name for official CMS educational products and information for Medicare Fee-For-Service Providers.For additional information,visit the MLN's web page at http:!Iwww.cros.govIMLNGenlnfo on the CMS website. 0 Ambulance Fee Schedule I AUTHENTICATED U.S.GOVERNMENT INFORMATION GPO Centers for Medicare&Medicaid Services, HHS §414.605 (A) The test is ordered by the pa- Subpart H—Fee Schedule for tient's physician at least 14 days fol- Ambulance Services lowing the date of the patient's dis- charge from the hospital; SOURCE: 67 FR 9132, Feb. 27, 2002, unless (B) The specimen was collected while otherwise noted. the patient was undergoing a hospital surgical procedure; §414.601 Purpose. (C) It would be medically inappro- This subpart implements section priate to have collected the sample 1834(1) of the Act by establishing a fee other than during the hospital proce- schedule for the payment of ambulance dure for which the patient was admit- services. Section 1834(1) of the Act re- ted; quires that, except for services fur- (D) The results of the test do not nished by certain critical access hos- guide treatment provided during the pitals (see §413.70(b)(5) of this chapter), hospital stay;and payment for all ambulance services, (E) The test was reasonable and otherwise previously payable on a rea- medically necessary for the treatment sonable charge basis or retrospective of an illness. reasonable cost basis, be made under a (ii)More than 30 calendar days before fee schedule. testing, the specimen is considered to §414.605 Definitions. have been archived and the date of As used in this subpart, the following service of the test must be the date the definitions apply to both land and specimen was obtained from storage. water (hereafter collectively referred (3)In the case of a chemotherapy sen- to as "ground") ambulance services sitivity test performed on live tissue, and to air ambulance services unless the date of service of the test must be otherwise specified: the date the test was performed only Advanced life support (ALS) assessment if— is an assessment performed by an ALS (i)The decision regarding the specific crew as part of an emergency response chemotherapeutic agents to test is that was necessary because the pa- made at least 14 days after discharge; tient's reported condition at the time (ii) The specimen was collected while of dispatch was such that only an ALS the patient was undergoing a hospital crew was qualified to perform the as surgical procedure; sessment. An ALS assessment does not (iii) It would be medically inappro- necessarily result in a determination y ppro- that the patient requires an ALS level priate to have collected the sample of service. other than during the hospital proce- Advanced life support (ALS) interven- dure for which the patient was admit- tion means a procedure that is, in ac- ted; cordance with State and local laws, re- (iv) The results of the test do not quired to be furnished by ALS per- guide treatment provided during the sonnet hospital stay;and, Advanced life support, level 1 (ALS1) (v)The test was reasonable and medi- means transportation by ground ambu- cally necessary for the treatment of an lance vehicle, medically necessary sup- illness. plies and services and either an ALS (4) For purposes of this section, assessment by ALS personnel or the "chemotherapy sensitivity test"means provision of at least one ALS interven- a test identified by the Secretary as a tion. test that requires a fresh tissue sample means Advanced life support, level 2 round to test the sensitivity of tumor cells to mebus either transportation by ground various chemotherapeutic agents. The ambulance vehicle, medically nec- various identifies such tests through adman supplies and least services, and the administration of at least three medi- program instructions. cations by intravenous push/bolus or [71 FR 69786, Dec. 1, 2006, as amended at 72 by continuous infusion, excluding crys- FR 66402,Nov.27,2007] talloid, hypotonic, isotonic, and hypertonic solutions(Dextrose, Normal 63 §414.605 42 CFR Ch. IV(10-1-10 Edition) Saline, Ringer's Lactate); or transpor- ambulance entity begins as quickly as tation, medically necessary supplies possible to take the steps necessary to and services, and the provision of at respond to the call. least one of the following ALS proce- Fixed wing air ambulance (FW) means dures: transportation by a fixed wing aircraft (1) Manual defibrillation/ that is certified as a fixed wing air am- cardioversion. bulance and such services and supplies (2)Endotracheal intubation. as may be medically necessary. (3)Central venous line. Geographic adjustment factor (GAF) (4)Cardiac pacing. means the practice expense (PE) por- (5)Chest decompression. tion of the geographic practice cost (6)Surgical airway, index (GPCI) from the physician fee (7)Intraosseous line. schedule as applied to a percentage of Advanced life support (ALS) personnel the base rate. For ground ambulance means an individual trained to the services, the PE portion of the GPCI is level of the emergency medical techni- applied to 70 percent of the base rate cian-intermediate (EMT-Intermediate) for each level of service. For air ambu- or paramedic. The EMT-Intermediate lance services, the PE portion of the is defined as an individual who is quali- GPCI is applied to 50 percent of the ap- fied, in accordance with State and plicable base rate. local laws, as an EMT-Basic and who is Loaded mileage means the number of also qualified in accordance with State miles the Medicare beneficiary is and local laws to perform essential ad- transported in the ambulance vehicle. vanced techniques and to administer a Paramedic ALS intercept (PI) means limited number of medications. The EMT-Paramedic services furnished by EMT-Paramedic is defined as pos- an entity that does not furnish the sessing the qualifications of the EMT- ground ambulance transport, provided Intermediate and also, in accordance the services meet the requirements with State and local laws, as having specified in§410.40(c)of this chapter. enhanced skills that include being able Point of pick-up means the location of to administer additional interventions the beneficiary at the time he or she is and medications. placed on board the ambulance. Basic life support (BLS) means trans- Relative value units (RVUs) means a portation by ground ambulance vehicle value assigned to a ground ambulance and medically necessary supplies and service. services, plus the provision of BLS am- Rotary wing air ambulance (RW) bulance services. The ambulance must means transportation by a helicopter be staffed by an individual who is that is certified as an ambulance and qualified in accordance with State and such services and supplies as may be local laws as an emergency medical medically necessary. technician-basic (EMT-Basic). These Rural adjustment factor (RAF) means laws may vary from State to State. an adjustment applied to the base pay- For example, only in some States is an ment rate when the point of pick-up is EMT-Basic permitted to operate lim- located in a rural area. ited equipment on board the vehicle, Rural area means an area located out- assist more qualified personnel in per- side an urban area, or a rural census forming assessments and interventions, tract within a Metropolitan Statistical and establish a peripheral intravenous Area as determined under the most re- (IV)line. cent version of the Goldsmith modi- Conversion factor (CF) is the dollar fication as determined by the Office of amount established by CMS that is Rural Health Policy of the Health Re- multiplied by relative value units to sources and Services Administration. produce ground ambulance service base Specialty care transport (SCT) means rates. interfacility transportation of a criti- Emergency response means responding tally injured or ill beneficiary by a immediately at the BLS or ALSI level ground ambulance vehicle, including of service to a 911 call or the equivalent medically necessary supplies and serv- in areas without a 911 call system. An ices, at a level of service beyond the immediate response is one in which the scope of the EMT-Paramedic. SCT is 64 Centers for Medicare&Medicaid Services, HHS §414.610 necessary when a beneficiary's condi- July 1, 2004 through December 31, 2006, tion requires ongoing care that must ambulance services originating in be furnished by one or more health pro- urban areas (both base rate and mile- fessionals in an appropriate specialty age) are paid based on a rate that is area, for example, nursing, emergency one percent higher than otherwise is medicine, respiratory care, cardio- applicable under this section, and am- vascular care, or a paramedic with ad- bulance services originating in rural ditional training. areas (both base rate and mileage) are Urban area means a Metropolitan paid based on a rate that is two percent Statistical Area, as defined by the Ex- higher than otherwise is applicable ecutive Office of Management and Budget. under this section. For services fur nished during the period July 1, 2008 [67 FR 9132, Feb. 27, 2002, as amended at 68 through December 31, 2009, ambulance FR 67693, Dec. 5, 2003; 71 FR 69787, Dec. 1, services originating in urban areas 2006] (both base rate and mileage) are paid §414.610 Basis of payment, based on a rate that is 2 percent higher than otherwise is applicable under this (a) Method of payment. Medicare pay- ment for ambulance services is based section, and ambulance services origi- on the lesser of the actual charge or nating in rural areas (both base rate the applicable fee schedule amount. and mileage) are paid based on a rate that is three percent higher than 0th- The fee schedule payment for ambu- lance services equals a base rate for the erwise is applicable under this section. level of service plus payment for mile- (ii)The service-level base rate is then age and applicable adjustment factors. adjusted by the GAF. Compare this Except for services furnished by cer- amount to the actual charge. The less- tain critical access hospitals or enti- er of the actual charge or the GAF ad- ties owned and operated by them, as justed base rate amount is added to the described in §413.70(b) of this chapter, lesser of the actual mileage charges or all ambulance services are paid under the payment rate per mile, multiplied the fee schedule specified in this sub- by the number of miles that the bene- part (regardless of the vehicle fur- ficiary was transported. When applica- nishing the service). ble, the appropriate RAF is applied to (b) Mandatory assignment. Effective the ground mileage rate to determine with implementation of the ambulance the appropriate payment rates. The fee schedule described in §414.601 (that RVU scale for the ambulance fee sched- is, for services furnished on or after ule is as follows: April 1, 2002), all payments made for ambulance services are made only on Relative an assignment-related basis. Ambu- Service level value units (RVUs) lance suppliers must accept the Medi- care allowed charge as payment in full BLS 1.00 and may not bill or collect from the BLS-Emergency 1.20 ALS1 1.20 beneficiary any amount other than the ALS1-Emergency 1.90 unmet Part B deductible and Part B ALS2 2.75 coinsurance amounts. Violations of SCT 3.25 this requirement may subject the pro- PI 1.75 vider or supplier to sanctions, as pro- vided by law (part 402 of this chapter). (2) Air ambulance service levels. The (c)Formula for computation of payment base payment rate for the applicable amounts. The fee schedule payment type of air ambulance service is ad- amount for ambulance services is corn- justed by the GAF and, when applica- puted according to the following provi- ble, by the appropriate RAF to deter- sions: mine the amount of payment. Air am- (1) Ground ambulance service levels. (i) bulance services have no CF or RVUs. The CF is multiplied by the applicable This amount is compared to the actual RVUs for each level of service to charge. The lesser of the charge or the produce a service-level base rate. For adjusted GAF rate amount is added to services furnished during the period the payment rate per mile, multiplied 65 §414.610 42 CFR Ch. IV(10-1-10 Edition) by the number of miles that the bene- patient is transported simultaneously ficiary was transported. When applica- is based on the total number of pa- ble, the appropriate RAF is also ap- tients (both Medicare and non-Medi- plied to the air mileage rate. care) on board. If two patients are (3) Loaded mileage. Payment is based transported simultaneously, then the on loaded miles. Payment for air mile- payment allowance for the beneficiary age is based on loaded miles flown as (or for each of them if both patients expressed in statute miles. There are are beneficiaries)is equal to 75 percent three mileage payment rates: a rate for of the service payment allowance ap- FW services, a rate for RW services, plicable for the level of care furnished and a rate for all levels of ground to the beneficiary, plus 50 percent of transportation. the applicable mileage payment allow- (4)Geographic adjustment factor(GAF). ance. If three or more patients are For ground ambulance services, the PE transported simultaneously, the pay- portion of the GPCI from the physician ment allowance for the beneficiary (or fee schedule is applied to 70 percent of each of them) is equal to 60 percent of the base rate for ground ambulance the service payment allowance applica- services. For air ambulance services, ble for the level of care furnished to the PE portion of the physician fee the beneficiary, plus the applicable schedule GPCI is applied to 50 percent mileage payment allowance divided by of the base rate for air ambulance serv- the number of patients on board. ices. (7) Payment rate for mileage (5) Rural adjustment factor (RAF). (i) g nrehter For ground ambulance services where than 50 miles. For services furnished point of pickup is in a rural area, December the period July 1,loaded through the mileage rate is increased by 50 per- December 31,greater each loaded ambu, cent for each of the first 17 miles and, lance mile greater than 50 (that is, for services furnished before January 1, miles 51 and greater) for ambulance 2004, by 25 percent for miles 18 through transports originating in either urban areas The standard mileage rate applies areas or in rural areas are paid based to every mile over 50 miles and, for on a rate that is 25 percent higher than services furnished after December 31, otherwise is applicable under this sec- 2003, to every mile over 17 miles. For tion. air ambulance services where the point (d) Payment. Payment, in accordance of pickup is in a rural area, the total with this subpart, represents payment payment is increased by 50 percent; in full (subject to applicable Medicare that is, the rural adjustment factor ap- Part B deductible and coinsurance re- plies to the sum of the base rate and quirements as described in subpart G of the mileage rate. part 409 of this chapter or in subpart I (ii) For services furnished during the of part 410 of this chapter)for all serv- period July 1, 2004 through December ices, supplies, and other costs for an 31, 2009, the payment amount for the ambulance service furnished to a Medi- ground ambulance base rate is in- care beneficiary. No direct payment creased by 22.6 percent where the point will be made under this subpart if bill- of pickup is in a rural area determined ing for the ambulance service is re- to be in the lowest 25 percent of rural quired to be consolidated with billing population arrayed by population den- for another benefit for which payment sity. The amount of this increase is may be made under this chapter. based on CMS's estimate of the ratio of (e) Point of pick-up. The zip code of the average cost per trip for the rural the point of pick-up must,be reported areas in the lowest quartile of popu- on each claim for ambulance services lation compared to the average cost so that the correct GAF and RAF may per trip for the rural areas in the high- be applied,as appropriate. est quartile of population. In making (f) Updates. The CF, the air ambu- this estimate, CMS may use data pro- lance base rates, and the mileage rates vided by the GAO. are updated annually by an inflation (6) Multiple patients. The allowable factor established by law.The inflation amount per beneficiary for a single am- factor is based on the consumer price bulance transport when more than one index for all urban consumers (CPI-U) 66 Centers for Medicare&Medicaid Services, HHS §414.615 (U.S. city average)for the 12-month pe- (b) 2003 Payment. For services fur- riod ending with June of the previous nished in CY 2003, payment is based on year. 60 percent of the reasonable charge or (g) Adjustments. The Secretary mon- reasonable cost, as applicable, plus 40 itors payment and billing data on an percent of the ambulance fee schedule ongoing basis and adjusts the CF and amount. The reasonable charge and air ambulance rates as appropriate to reasonable cost portion in CY 2003 is reflect actual practices under the fee equal to the supplier's reasonable schedule. These rates are not adjusted charge or provider's reasonable cost for solely because of changes in the total CY 2002,multiplied by the statutory in- number of ambulance transports. flation factor for ambulance services. (h) Treatment of certain areas for pay- (c) 2004 Payment. For services fur- ment for air ambulance services. Any area nished in CY 2004, payment is based on that was designated as a rural area for 40 percent of the reasonable charge or purposes of making payments under reasonable cost, as applicable, plus 60 the ambulance fee schedule for air am- percent of the ambulance fee schedule bulance services furnished on Decem- amount. The reasonable charge and her 31, 2006, must be treated as a rural reasonable cost portion in CY 2004 is area for purposes of making payments equal to the supplier's reasonable under the ambulance fee schedule for charge or provider's reasonable cost for air ambulance services furnished dur- CY 2003, multiplied by the statutory fin- ing the period July 1, 2008 through De- flation factor for ambulance services. cember 31,2009. (d) 2005 Payment. For services fur- nished in CY 2005, payment is based on [67 FR 9132, Feb. 27, 2002, as amended at 68 20 percent of the reasonable charge or FR 67693, Dec. 5, 2003; 69 FR 40292, July 1, reasonable cost, as applicable, plus 80 2004; 71 FR 69787, Dec. 1, 2006; 73 FR 69937, percent of the ambulance fee schedule Nov.19,2008;74 FR 62012,Nov.25,2009] amount. The reasonable charge and §414.615 Transition to the ambulance reasonable cost portion in CY 2005 is fee schedule. equal to the supplier's reasonable charge or provider's reasonable cost for The fee schedule for ambulance serv- CY 2004,multiplied by the statutory in- ices will be phased in over 5 years be- flation factor for ambulance services. ginning April 1, 2002. Subject to the (e) 2006 and Beyond Payment. For first sentence in §414.610(a), payment services furnished in CY 2006 and there- for services furnished during the tran- after, the payment is based solely on sition period is made based on a com- the ambulance fee schedule amount. bination of the fee schedule payment (f) Updates. The portion of the transi- for ambulance services and the amount tion payment that is based on the ex- the program would have paid absent isting payment methodology (that is, the fee schedule for ambulance serv- the non-fee-schedule portion) is up- ices,as follows: dated annually for inflation by a factor (a) 2002 Payment. For services fur- equal to the percentage increase in the nished in 2002, the payment for the CPI-U (U.S. city average) for the 12- service component, the mileage compo- month period ending with June of the nent and, if applicable, the supply corn- previous year. The CY 2002 inflation ponent is based on 80 percent of the update factor used to update the 2001 reasonable charge for independent sup- payment amounts is applied to the pliers or on 80 percent of reasonable annualized (average) payment amounts cost for providers, plus 20 percent of for CY 2001. For the period January 1, the ambulance fee schedule amount for 2001 through June 30, 2001, the inflation the service and mileage components. update factor is 2.7 percent. For the pe- The reasonable charge or reasonable riod July 1, 2001 through December 31, cost portion of payment in CY 2002 is 2001, the inflation update factor is 4.7 equal to the supplier's reasonable percent. The average for the year is 3.7 charge allowance or provider's reason- percent. Thus, the annualized(average) able cost allowance for CY 2001, multi- CY 2001 payment amounts used to de- plied by the statutory inflation factor rive the CY 2002 payment amounts are for ambulance services. equivalent to the CY 2001 payment 67 §414.617 42 CFR Ch. IV(10-1-10 Edition) amounts that would have been deter- Regional National mined had the inflation update factor Time period percent percent for the entire CY 2001 been 3.7 percent. 7/1/04-l2/31/04 80 20 Both portions of the transition pay- CY 2005 60 40 ment (that is, the portion that is based CY 2006 40 60 on reasonable charge or reasonable CY 2007 CY 2009 20 so cost and the portion that is based on CY 2010 and thereafter 0 ioo the ambulance fee schedule) are up- dated annually for inflation by the in- [69 FR 40292,July 1,2004] flation factor described in§414.610(f). §414.620 Publication of the ambulance (g) Exception. There will be no blend- fee schedule. ed payment allowance as described in paragraphs (a), (b), (c), and (d) of this Changes in payment rates resulting section for ground mileage in those from incorporation of the annual infla- States where the Medicare carrier paid tion factor described in §414.610(f) will separately for all out-of-county ground be announced by CMS by instruction ambulance mileage, but did not, before and on the CMS Web site. CMS will fol- the implementation of the Medicare low applicable rulemaking procedures ambulance fee schedule, make a sepa- in publishing revisions to the fee sched- rate payment for any ground ambu—ule for ambulance services that result lance mileage within the county in from any factors other than the infla- which the beneficiary was transported. tion factor. Payment for ground ambulance mile- [67 FR 9132, Feb. 27, 2002, as amended at 72 age in that State will be made based on FR 66402,Nov.27,2007] the full ambulance fee schedule amount for ground mileage. This ex- §414.625 Limitation on review. ception applies only to carrier-proc- There will be no administrative or ju- essed claims and only in those States dicial review under section 1869 of the in which the carrier paid separately for Act or otherwise of the amounts estab- out-of-county ambulance mileage, but lished under the fee schedule for ambu- did not make separate payment for any lance services, including the following: in-county mileage throughout the en- (a) Establishing mechanisms to con- tire State. trol increases in expenditures for am- §414.617 Transition from regional to bulance services. national ambulance fee schedule. (b)Establishing definitions for ambu- lance services that link payments to For services furnished during the pe- the type of services provided. nod July 1, 2004 through December 31, (c) Considering appropriate regional 2009, the amount for the ground ambu- and operational differences. lance base rate is subject to a floor (d) Considering adjustments to pay- amount determined by establishing ment rates to account for inflation and nine fee schedules based on each of the other relevant factors. nine census divisions using the same (e) Phasing in the application of the methodology as used to establish the payment rates under the fee schedule national fee schedule. If the regional in an efficient and fair manner. fee schedule methodology for a given census division results in an amount that is less than or equal to the na- tional ground base rate, then it is not Biologicals used, and the national FS amount ap- plies. If the regional fee schedule meth- SOURCE:69 FR 1116,Jan.7,2004,unless oth- odology for a given census division re- erwise noted. sults in an amount that is greater than the national ground base rate, then the §414.701 Purpose. FS portion of the base rate for that This subpart implements section census division is equal to a blend of 1842(o) of the Social Security Act by the national rate and the regional rate specifying the methodology for deter- in accordance with the following sched- mining the payment allowance limit ule: for drugs and biologicals covered under 68 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR Pc EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)23S-9571 Wednesday, October 17,2012 06 ' The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance Initiated by the Common Council of the City of South Bend, Indiana,amending Chapter 21 of the South Bend Municipal Code Article 2, Residential Districts,to allow the raising and care of chickens as an accessory use;and adding certain related definitions,as amended,City of South Bend-APC#2618-11. Dear Council Members: I hereby Certify that the above referenced ordinance of Honorable Council of the City.of South Bend, Indiana was legally advertised on Thursday, October 04, 2012 and that the Area Plan Commission at its public hearing on Tuesday, October 16,2012 took the following action: Upon a motion by John McNamara, being seconded by Donna Chamblee and carried, the proposed ordinance Initiated by the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code Article 2, Residential Districts, to allow the raising and care of chickens as an accessory use; and adding certain related definitions, as amended, is sent to the Common Council with a favorable recommendation. The policy decision as to whether or not to allow the keeping of chickens within the city limits rests with the elected officials. In the event that these officials determine that chickens should be allowed, it is the Commission's opinion that this ordinance provides reasonable protection to adjacent properties, by establishing appropriate development standards, a process for permitting, and consequences of violating the ordinance. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Flied in Clerk's Office Sincerely, G(J - OCT 17 2o12 nW. B Y JOHN VOOFIt E Attachment C IYY CLERK, OtiTlf SEND,IM SERVING:ST.JOSEPH COUNTY SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY OSCEOLA&ROSELAND vvww.stjosephcountyindiana.com/Areaplan Staff Report APC# 2618-11 Owner: Common Council Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: This is a text change, initiated by the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code Article 2, Residential Districts,to allow the raising and care of chickens as an accessory use;and adding certain related definitions. Zoning and land use history& trends: In November 2009, the idea of allowing the raising and care of chickens was introduced to the Common Council. For the past three years, the staff of the Area Plan Commission, representatives from Code Enforcement, other City departments, and the Purdue Cooperative Extension Service, met with representatives from the Urban Chicken Alliance to draft an ordinance in the best interest of the City and its residents. Additional information: Section I adds the terms "chicken coop or chicken pen" to the list of accessory buildings under 120 square feet which are exempted from the total number allowed. Section II first provides for the keeping of chickens. It establishes development standards such as the number and type of chickens allowed; details about the construction and location of either a "chicken coop" and "chicken pen"; and permitting requirements. Section III adds definitions of"chicken coop" and "chicken pen". Staff Comments: The staff would note that the proposed setback for the coops will limit the applicability of the ordinance to the larger city lots. Recommendation: Based on information available prior to the public hearing,the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The policy decision as to whether or not to allow the keeping of chickens within the city limits rests with the elected officials. In the event that these officials determine that chickens should be allowed, it is the Staffs opinion that this ordinance provides reasonable protection to adjacent properties, by establishing appropriate development standards, a process for permitting, and consequences of violating the ordinance. Common Council #2618-11 Page 1 of 1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2,RESIDENTIAL DISTRICTS,TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend,Indiana,adopted a new zoning ordinance for the City of South Bend that went into effect in May 2004.It has been brought to the attention of the Common Council that it consider allowing the raising of chickens on residential lots. Therefore,the following changes need to be made to the Zoning Ordinance to facilitate the keeping of chickens in residentially zoned properties. NOW,THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana,as follows: Section I. Chapter 21,Zoning,of the South Bend Municipal Code, Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential District is hereby amended as follows: (a) Accessory Uses,Buildings and Structures. (3) Additional Development Standards for Accessory Uses,Buildings or Structures in any Residential District. (A) Accessory Buildings: (iv)Maximum Number of Accessory Buildings—The total number of detached accessory buildings on a lot shall not exceed one (1)accessory building,provided however,a storage shed, chicken coop or chicken pen with a total floor area of one- hundred and twenty(120)square feet or less shall not count as an accessory building for the purposes of this paragraph; and, (C) Permits-A building permit issued by the City is required for any accessory structure more than one-hundred and twenty(120)square feet. No permit is required for a chicken coop or chicken pen that does not exceed one-hundred and twenty(120)square feet. (D) Non-Commercial Use Only-The keeping of chickens authorized under,this section shall behmitedson-commercial uses only. Commercial activities are prohibited.Chickens authorized under this section shall be kept as pets or for personal use only.Eggs and chicken manure shall not be sold. There shall be no butchering of chickens on the premises. (E) The chicken coop,chicken pens,and surrounding area shall be kept clean,dry,odor-free, and in a neat and sanitary condition at all times. All manure,uneaten feed,and other trash shall be removed daily,and disposed of in a sanitary manner. The property owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. (F) Location. i. Chicken coops shall be located at least fifteen(15)feet from any property line, and at least twenty(20)feet from the nearest residential dwelling. ii. Chicken coops and chicken pens shall be located behind the residential structure. *Visual/graphic to show what is acceptable. iii. City residents who do not have adequate space on their property will not be allowed to own chickens: (G) Permit Required; Permit Revocation. i. A permit shall be required through the Animal Control Department. Compliance with the requirements of this Section shall create a presumption that the permitted use does not create a nuisance or threat to public health or safety. The permit shall, however,be revoked if the Code Enforcement Administrator determines that the permitted use does create a nuisance or detriment to public health or safety. ii. Violation of ordinance standards shall result in permit revocation, and possible enforcement under Article 10,Enforcement, including civil and criminal penalties.Misrepresentation by a permittee shall result in the voiding and revocation of an issued permit. In the case of the voiding and revocation of an issued permit,all chickens, chicken coops,chicken pens and associated equipment shall be removed from the property. (H) Additional requirements for the keeping of chickens shall be found in Chapter 5 Animals and Fowl. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2,RESIDENTIAL DISTRICTS,TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted anew zoning ordinance for the City of South Bend that went into effect in May 2004. It has been brought to the attention of the Common Council that it consider allowing the raising of chickens on residential lots. Therefore,the following changes need to be made to the Zoning Ordinance to facilitate the keeping of chickens in residentially zoned properties. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential District is hereby amended as follows: (a) Accessory Uses, Buildings and Structures. (3) Additional Development Standards for Accessory Uses,Buildings or Structures in any Residential District. (A) Accessory Buildings: (iv)Maximum Number of Accessory Buildings—The total number of detached accessory buildings on a lot shall not exceed one (1)accessory building, provided however, a storage shed, chicken coop or chicken pen with a total floor area of one- hundred and twenty(120) square feet or less shall not count as an accessory building for the purposes of this paragraph; and, Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential District, is hereby amended by adding a new subsection, as follows: (a) Accessory Uses, Buildings and Structures. (4) Additional Development Standards for Chickens, Chicken Coops, and Chicken Pens. The purpose of this section is to authorize and provide standards for the keeping of chickens and the establishment of chicken coops and chicken pens. It is intended to enable residents to responsibly keep a small number of chickens on a non-commercial basis while limiting the potential adverse impacts on the surrounding properties: (A) Chickens. i. The keeping of chickens shall be allowed only in the SF1 and SF2 Single Residential Districts and shall further be subject to the following regulations: ii. Number and Types of Chickens Allowed. a. The maximum number of chickens allowed is six(6)per Dwelling, Single Family. b. Only female chickens are allowed. Roosters are specifically prohibited. c. No chickens allowed in multi-family dwellings. (B) Enclosures. i. A chicken coop and chicken pen shall be provided. During daylight hours, chickens may be located in the chicken pen. ii. The chicken coop shall be enclosed with solid material on all sides and have a solid roof and door(s). The coop shall be at least eighteen(18) inches high, and provide at least one (1) square foot of floor area per chicken. Traditional building materials shall be used. Doors shall be constructed so that they can shut and lock. Vents, covered with wire, will be placed as necessary for adequate ventilation. The coop shall be impermeable to rodents, wild birds, and predators, including dogs and cats. iii. The chicken pen shall be constructed of traditional building materials and be predator-proof. The pen shall provide at least two (2) square feet of area per chicken. The fence shall rise no more than six (6) feet above the ground. The pen shall be covered with wire, aviary netting, or solid roofing. (C) Permits -A building permit issued by the City is required for any accessory structure more than one-hundred and twenty(120) square feet. No permit is required for a chicken coop or chicken pen that does not exceed one-hundred and twenty(120) square feet. (D) Non-Commercial Use Only The keeping of chickens authorized under this section shall be limited non-commercial uses only Commercial activities are prohibited. Chickens authorized under this section shall be kept as pets or for personal use only. Eggs and chicken manure shall not be sold. There shall be no butchering of chickens on the premises. (E) The chicken coop, chicken pens, and surrounding area shall be kept clean,dry, odor-free, and in a neat and sanitary condition at all times. All manure, uneaten feed, and other trash shall be removed daily, and disposed of in a sanitary manner. The property owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. (F) Location. i. Chicken coops shall be located at least fifteen (15) feet from any property line, and at least twenty(20) feet from the nearest residential dwelling. ii. Chicken coops and chicken pens shall be located behind the residential structure. iii. City residents who do not have adequate space on their property will not be allowed to own chickens. (G) Permit Required; Permit Revocation. i. A permit shall be required through the Animal Control Department. Compliance with the requirements of this Section shall create a presumption that the permitted use does not create a nuisance or threat to public health or safety. The permit shall, however, be revoked if the Code Enforcement Administrator determines that the permitted use does create a nuisance or detriment to public health or safety. ii. Violation of ordinance standards shall result in permit revocation, and possible enforcement under Article 10, Enforcement, including civil and criminal penalties. Misrepresentation by a permittee shall result in the voiding and revocation of an issued permit. In the case of the voiding and revocation of an issued permit, all chickens, chicken coops, chicken pens and associated equipment shall be removed from the property. (H) Additional requirements for the keeping of chickens shall be found in Chapter 5 Animals and Fowl. Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11, Definitions,is hereby amended by adding the following two, new definitions, as follows: Chicken Coop(s): A structure for the sheltering of chickens. Chicken Pen(s): An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed,predator-safe environment. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2012, at o'clock . m. City Clerk Approved and signed by me on the day of 2012, at o'clock . m. Mayor of the City of South Bend, Indiana Filed In C erkii Office 1a READING c (—t`l—ZOti OCT PU3L;' i _�+.st!i�!G OC 1! 7 ZQ1Z 3 rd 1 NOT A,r?Ao VED P[ri�:;.:D /� gyp- E k_t`- JOFiFi VC9ACAIGE PASSED F F:R CITY CLERK,SOUTH BEND,IN r - .•°SOU Tiq 8 .,,,, % = City of South Bend . �% :c \.:. 4,mod: evt, ;; Common Council ■ 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 . South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbenclin.goV Derek D. Dieter November 9, 2011 President Oliver J. Davis Members of the Common Council Vice-President 4th Floor County-City Building South Bend,Indiana 46601 Timothy A. Rouse Chairperson, Committee Re: Proposed Zoning Ordinance to Permit the Raising and Care of of the Whole Chickens as an Accessory Use in the City of South Bend Derek D. Dieter Dear Council Members: First District Henry Davis; jr. Earlier this year, the Council's Zoning and Annexation Committee authorized Second District the filing of a proposed text amendment to the current city zoning regulations codified in Chapter 21 of the South Bend Municipal Code. Thomas LaFountain Third District I am attaching a draft of a zoning text amendment which would: Ann Puzzello • coop Add definitions for chicken coo or chicken pen and add them to the list Fourth District of accessory buildings in residential districts David Varner Fifth District • Add Development Standards for chickens, chicken coops and chicken pens by limiting the total number of chickens allowed to four (4) per Oliver J. Davis dwelling and would only permit female chickens Sixth District Al "Buddy" Kirsits • Would set standards for all enclosures and require a building permit for all At Large such accessory structures which are associated with a limited agriculture permit in order to address health and safety concerns Timothy A. Rouse At Large A companion ordinance addressing specific health and public safety regulations will be filed at a later date so that the public hearings on both of Karen L. White the proposed ordinance can be held on the same date. At Large I look forward to sharing more information with you. Sin•'n,., 0 ounci. . -r Henry Davis,Jr. Fdeo Second District ._ J Attachment N : - - ° '' f CITY'CLERK;S;,0 3>a ai t':: qJC JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 440 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571 Wednesday, October 17, 2012 S ` The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Marsha B Mitchell to zone from SF1 Single Family and Two Family District to LB Local Business District property located at 6420 US 31 S,City of South Bend-APC#2648-12. Dear Council Members: I hereby Certify that the above referenced ordinance of Marsha B Mitchell was legally advertised on Thursday, October 04, 2012 and that the Area Plan Commission at its public hearing on Tuesday, October 16,2012 took the following action: Upon a motion by Daniel Brewer, being seconded by Michael Mecham and unanimously carried, the proposed ordinance of Marsha B Mitchell to zone from SF1 Single Family and Two Family District to LB Local Business District,property located at 6420 US 31 S, City of South Bend, is sent to the Common Council with a favorable recommendation. The relocation of U.S. 31 will be influencing land use changes in the area, and this rezoning is compatible with that trend. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, 4344 r- �C1. ifledl 11n dark's mice ohn W. Byorn Attachment OCT 1 7 2012 CC: Marsha B. Mitchell CITJOHN WOONDE CITY CLERK,SOUTH BEND,IN SERVING;ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE.NEW CARLISLE.NORTH LIBERTY.OSCEOLA&ROSELAND www.stjosephcountyindiana.com/Areaplan Staff Report APC# 2648-12 Owner: Marsha B Mitchell Location: 6420 US 31 S Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to LB Local Business District to allow a gift shop; and three variances from the development standards. Land Uses and Zoning: On site: On site is a vacant single family home. North: To the north are single family homes zoned SF1 Single Family and Two Family District. East: To the east is the remainder of this property zoned R Single Family District in the County. South: To the south is a single family home and the Southlawn Cemetery zoned SF1 Single Family and Two Family District. West: To the west, across U.S. 31, is a single family home zoned R Single Family District in the County, and a multi-tenant office building zoned LB Local Business District in the City. District uses and development standards: The "LB" Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the "LB" Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: The area to be rezoned is approximately 0.5 acres. There is an existing 1,000 square foot house and a 600 square foot garage. Buildings cover 7%of the site. A new driveway and five parking spaces will be installed to the north of the house, covering 13%of the site. The current driveway will be relocated. Zoning and land use history&trends: This site was annexed to the City in 1998. In 2005, the property to the southwest was annexed and rezoned LB to allow professional office or retail use. Traffic and transportation considerations: U.S. 31 is a four lane highway. The relocation of U.S. 31 will eventually leave this portion as a local street. Utilities: Public sewer and water is available, but the site will continue to be served by a private well and septic system,until the septic system needs replacement. Additional information: (Agency comments) Community and Economic Development supports the relocation of an existing business. The County Health Department recommends approval. The City Engineer recommended the driveway opening be widened to 24'. INDOT will have to approve the new driveway opening. Marsha B Mitchell #2648-12 Page 1 of 3 Staff Comments: This is a combined public hearing, which includes a rezoning and three variances. The Commission will forward the rezoning to the Council with or without a recommendation, and either approve or deny the variances. The petitioner is also the following 3 variances: 1)from the required front setback of 30'to 21'; 2) from the required Side Residential Bufferyard setback of 20' to 15' on the north to allow parking;and 3)from the required Rear Residential Bufferyard landscaping on the east to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. These standards are attached and made a part of the Staff Report. Commitments: No commitments are proposed. } 5 Criteria(per IC 36-7-4-603); 1. Comprehensive Plan: Policy Plan: City Plan,South Bend Comprehensive Plan(November 2006) Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Land Use Plan: The Future Land Use Map identifies the general area as a range of uses from low density residential to commercial and mixed uses. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current conditions and character: U.S.31 is a major north/south thoroughfare. This location is near commercial zoning and uses to the north in the City as well as a vacant area of commercial zoned land to the south across U.S. 31. 3. Most desirable use: The most desirable use is one compatible with the existing residential and transitional land uses. 4. Conservation of property values: The residential property to the north may be affected by the parking area being closer to the property line. 5. Responsible development and growth: It is responsible development and growth to support responsible growth along major corridors that are transitioning into commercial corridors. Recommendation: Based on information available prior to the public hearing,the staff recommends that the petition be sent to the Common Council with a favorable recommendation; and that the variances as submitted be approved. Marsha B Mitchell #2648-12 Page 2 of 3 Analysis: The relocation of U.S. 31 will be influencing land use changes in the area, and this rezoning is compatible with that trend. The variances meet the standards for approval by accommodating the existing structures on the site and providing appropriate protection to adjacent properties. Marsha B Mitchell #2648-12 Page 3 of 3 2 • - • • AIM* : ' ....„ ." : iikilly • ' R 2.-- R # tI f +>rd SOUTH BEND" f '�1 ,. , . .. . . . . • , . A - ,..-' • • , , . , . . , , .. . . , . . . ., , . _,..,.... ... ......„.,....,..„......... ...., ... _ • , ,,..., ,.. . .. ... ,... ,. .. . ,. ,SF1 ,` ttg • R # t f • # # •r • t Rezoning from: "SF1" SINGLE FAMILY & TWO FAMILY DISTRICT to "LB" LOCAL BUSINESS DISTRICT N ZONING CLASSIFICATION W�1,, �,:= rE COUNTY"R' SINGLE FAMILY DISTRICT 'T S SOUTH BEND"S F1"SINGLE FAMILY AND TWO FAMILY DISTRICT inch = f + SOUTH BEND"LB" LOCAL BUSINESS DISTRICT feet SOUTH BEND"CB" COMMUNITY BUSINESS DISTRICT AP 2648-12 • ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420 US 31 S. SOUTH BEND, TN 46614, COUNCILMANIC DISTRICT COUNCIL DISTRICT#6 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT The zoning of property, 6420 US 31 S, South Bend,IN 46614 is zoned residential. We are proposing to have it rezoned as Local Business. The new purpose of this property will change from a residence to a business, Chickadee's Gift Shop,which has to be relocated from 5613 US 31 S. South Bend, IN 46614 due to the new 31 Bypass Project NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04,is amended,which ordinance is commonly known as the Zoning Ordinance of the City of South Bend,Indiana,be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: The part of the East Half of the Northeast Quarter of Section 2,Township 36 North,Range 2 East, Centre Township, St.Joseph County,Indiana,which is described as beginning at the southwest corner of Lot Numbered 132 as shown on the plat of Whitcomb and Keller's Southmoor, recorded in the Office of the Recorder of St.Joseph County,Indiana; thence East along the south line of said plat,270.50 feet; thence South 00 degrees 52 minutes 17 seconds East, 149.54 feet; thence West 312.15 feet; thence North 14 degrees 45 minutes 10 seconds East,along the easterly right-of-way of U.S.31, 154.63 feet to the point of beginning. Excluding that portion of the above referenced property located outside of the corporate limits of the City of South Bend. be and the same is hereby established as Local Business(LB) SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk City Clerk Presented by me to the Mayor of the City of South Bend,Indiana on the day of 20 , at o'clock .m. City Clerk Approved and signed by me on the day of ,20 ,at o'clock .m. Mayor of the City of South Bend,Indiana Q Filed i ' 6F—de 1st READING 1.---1d"1-- R< PUBLIC HEARING S EP rd READING p REEERREI) A Ps RA-6-1r)- t OHN PASSEL) I 'GL SW,SOUTH SEND,IN A JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 September 28, 2012 Honorable Common Council Of The City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Bill # 48-12 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced petition: Ordinance: 1) The legal description was amended to include the following statement: "excluding that portion of the above referenced property located outside of the corporate limits of the City of South Bend". If you have any further questions, please call me at 574-235-9571. Sincerely, ciLattibt Christa Nayder Planner SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA. 8 ROSELAND WWW.STJOSE PHCO UNTYI ND IANA.COM JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571 (st, Wednesday,October 17,2012 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend,IN 46601 RE: A combined public hearing on a proposed ordinance of Manuel Villegas,Marco Villegas,David Navarro and Juan Ramierez to zone from LI Light Industrial District to CB Community Business District;seeking a Special Exception Use for an indoor/outdoor soccer facility;property located at 2222 W.Washington Street,City of South Bend- APC#2649-12. Dear Council Members: I hereby Certify that the above referenced ordinance of Manuel Villegas,Marco Villegas,David Navarro and Juan Ramierez was legally advertised on Thursday,October 04,2012 and that the Area Plan Commission at its public hearing on Tuesday,October 16,2012 took the following action: Upon a motion by John McNamara,being seconded by Robert Hawley and unanimously carried,the proposed ordinance of Manuel Villegas,Marco Villegas, David Navarro and Juan Ramierez to zone from LI Light Industrial District to.CB Community Business District property located at 2222 W.Washington Street,City of South Bend,is sent to the Common Council with a favorable recommendation.The redevelopment of this site will provide for a positive adaptive reuse of this site. Upon a motion by Donna Chamblee,being seconded by Daniel Brewer and unanimously carried,the Special Exception Use of Manuel Villegas,Marco Villegas, David Navarro and Juan Ramierez for an indoor/outdoor soccer facility is sent to the Common Council with a favorable recommendation. The Special Exception Use allows an activity that is compatible with the general character and mix of uses in the neighborhood. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Red GU ohn W.Byorni Attachment OCT 7 1 2012 CC: Manuel Villegas CITyC %IV V g Marco Villegas nft$souni®&ND IN Juan Ramierez SERDaDavid Navarro g C/O Attorney Vincent vid ws•OpH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND LLtL�O i K w,,N,,atjosephcountyindiana.com/Areaplan Staff Report APC# 2649-12 Owner: Manuel Villegas,et.al. Location: 2222 W Washington Jurisdiction: City of South Bend Requested Action: - The petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District; a Special Exception Use for indoor/outdoor soccer facility; and nine variances from the development standards. Land Uses and Zoning: On site: On site is a building previously granted a Special Exception Use for an indoor/outdoor soccer facility. North: To the north are two single family homes and several vacant lots zoned SF2 Single Family and Two Family District and a few businesses zoned MU Mixed Use District. East: To the east is a warehouse zoned LI'Light Industrial District. South: To the south are railroad tracks (unzoned) and, across the railroad tracks, a post office and industrial properties zoned GI General Industrial District. West: To the west is the former location of the South Bend Animal Care and Control, and the Frehauf sales,facility zoned GI General Industrial District. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is 4.33 acres. There is an existing 9,670 square foot building covering 5% of the site. New paving for 194 spaces is proposed covering 43% of the site. Access is from Washington Street. The remaining 52%of the improved portion of the site is designated as open space. The site plan shows the eastern 360'of the site as proposed to be used as soccer fields. Zoning and land use history&trends: In 1973,the Council initiated a rezoning for this block from heavy industrial to light industrial.A Special Exception Use was previously granted for an indoor/outdoor soccer facility on March 28, 2011. Land uses in this area have remained consistent, with businesses and residential north of Washington Street,and industrial south of Washington Street. Traffic and transportation considerations: Washington Avenue has two lanes. Utilities: The site will be served by public water and sewer facilities. Additional information: (Agency comments) Community and Economic Development offers a positive recommendation for the zoning but would like to see a solution that contains some landscape buffering. The City Engineer had no comments. The Building Commissioner requires that the applicant reapply for the Special Exception Use because the property is being rezoned. Manuel Villegas, et. al. #2649-12 Page 1 of 3 Staff Comments: This is a combined public hearing, which includes a rezoning, a special exception use and nine variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation, and either approve or deny the variances. The petitioner is requesting the following 9 variances: 1)from the required 393 parking spaces to a minimum of 194 parking spaces; 2)from the 20 foot front yard Residential Bufferyard setback to 0 feet for parking; 3)from the 10 foot side yard setback to 0 feet for parking; 4)from the required 14 interior landscape islands to 13; 5) from the required landscape screening for parking spaces along public streets to no landscape screening; 6)from the required minimum 24 foot wide aisle way in a parking area to a minimum of 22 feet; 7) from the required foot wide foundation landscape area along Washington Street to no foundation landscape area; 8) from the required perimeter landscaping, at a rate of one(1)tree every 40 feet, along the site perimeter to providing said trees only along the improved portion of the site along Washington Street as shown;and 9) from the maximum height of 4 feet for a fence to allow the existing 7 foot high chain link fence with security wire along frontage of Washington Street and Olive Street. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the Staff Report. Commitments: No commitments are proposed. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan,South Bend Comprehensive Plan(November 2006) ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Plan identifies this area as light industrial. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current conditions and character: Many of the lots, houses, and businesses north of Washington Street are vacant. The railroad tracks separate this property from the more industrial uses to the south. 3. Most desirable use: The most desirable use is the adaptive reuse of this building. Manuel Villegas,et.al. #2649-12 Page 2 of 3 4. Conservation of property values: The additional upgrades, like a paved parking and landscaping, associated with the rezoning should enhance the site and protect the neighboring properties. 5. Responsible development and growth: It is responsible development and growth to allow the adaptive reuse of a building, with additional improvements to beautify the area. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation; based on information available prior to the public hearing,the staff recommends that the Special Exception Use for an indoor/outdoor soccer facility be sent to the Common Council with a favorable recommendation; the staff recommends approval of variances #1-6 & 9, and #8 subject to approval by the City Forester,but that variance#7 be denied. Analysis: The redevelopment of this site will provide for a positive adaptive reuse of this site. In the Staffs opinion the variances meet the standards for approval by recognizing the existing limitations of the site. It is the staffs opinion that variance #7 would not be needed if the drive aisle to the north of the building is reduced, making way for the foundation landscaping. The`Special Exception Use allows an activity that is compatible with the general character and mix of uses in the neighborhood. Manuel Villegas,et. al. #2649-12 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception/Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing that (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. l I_MU" .-� I :1 - L Lawton 1 F time LI 4i . ' -3 1 r' --J 1 t-� - SF,2 anal Fir 1'°— 7-1-17 a f __�, 1 � n L J I ' I C O —_ 1-1'1, < • I J b. ..I, - L----• l '�L� ir_ �I SF,2 arrange Orange 2 _Z _,L * "111 ------LI i l' .iLJ L'- 1 L--J J I- j ' I i� [ _ d _J3� '; Z !LI 1 f] l i i ' �. 1 - - LI GI - _ J ''Cotfax 1 j, --I 0; I i` l o f I; L - MU, l �MU ■ J 2 L B - MU -*_�!� LJI_ u' �_LL _ ... L, I_Jf-,:_ Washington F2 {.Zi. �� x o and — ,,, LIy a 3 _,-1 4,t,a';�k �r y hr'. , 1,alT41, LE .i ashingto ■ F2I . _� �E� L I� J -I F2 , _ to t°-_-ri211-II F2- -i L __ 1 i 1 L_ --i C efferson 1- ',' L 1 1 r1 E -J `— 1 L_ ' 4'r 1 E _l i Rezoning from: "IF' LIGHT INDUSTRIAL DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT ZONING CLASSIFICATION SOUTH BEND"SF2"SINGLE FAMILYAND TWO FAMILY DISTRICT �N `:)SOUTH BEND"08"OFFICE BUFFER DISTRICT (.f z SOUTH BEND"MU"MIXED USE DISTRICT �- ` a SOUTH BEND"LB"LOCAL BUSINESS DISTRICT SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT S 'SOUTH BEND"GB"GENERALBUSINESS DISTRICT 1 inch = 300 feet SOUTH BEND"LI"UGH INDUSTRIALDISTRICT APC # SOUTH BEND"or GENERAL INDUSTRIALDISTRICT 2649-12 SOU T$ •.•• 41;0 mod.: .+O \1�l� " 701 W.SAMPLE STREET ~ \\ � PHONE 574/235-9311 SOUTH BEND,INDIANA 46601-2890 = W �� FAX a: FAX 574/288-0268 7865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR SOUTH BEND POLICE DEPARTMENT CHARLES HURLEY, CHIEF OF POLICE THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Re:The petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District;a Special Exception Use for indoor/outdoor soccer facility;and nine variances from the development standards.Petitioner-Manuel Villegas. Dear Commission Members: I am writing to endorse Mr. Villegas's petition for zone change and special exemption request. For over four years Mr. Villegas has donated both time and resources to community outreach events which I have organized for the South Bend Police Department. He routinely gives back to the community. The endeavor which he is currently asking for you favorable endorsement will represent a new outlet for the youth of South Bend on the West side. This business will create another safe location for the youth to socialize and interact with other peers and learn the value of sportsmanship and exercise. His venture also shows promise as a possible new outlet for Police involvement with the youth of the community through the South Bend Police Athletic League. As mentioned Mr.Villegas has and continues to give back to the community. I ask that you consider favorably endorsing his request. Thank ou % Sincerely, Lt. Christopher Voros TO I I b hZ JEFFREY D.WALTERS STEVEN E.RICHMOND GARY A.HORVATH UNIFORM DIVISION CHIEF INVESTIGATIVE DIVISION CHIEF SERVICES DIVISION CHIEF 235-9313 235-9263 235-5940 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2222 West Washington, COUNCILMANIC DISTRICT Two(2) IN THE CITY OF SOUTH BEND, INDIANA Currently zoned Light Industrial and requesting rezoning to Community Business, with Special Exception. The building will be utilized for banquets, receptions, birthday, family, and community functions as well as being able to hold indoor and outdoor soccer functions. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04,as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST, KNOWN AS ARNOLD'S FIRST ADDITION (LOTS 1-44 VACATED ALLEYS AND STREET)TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT"A"IN THE RECORDED PLAT OF ARNOLD'S FIRST ADDITION TO THE SOUTH BEND-BAT1'EST REPLAT BY DOCUMENT NUMBER 0028276 AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00'10'08"EAST ALONG THE WEST LINE OF SAID LOT "A", 420.77 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE NORTH 64'53'30" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, 973.44 FEET; THENCE NORTH 83'11'21" EAST, 74.33 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE; THENCE SOUTH 89'55'16" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE 806.41 HET TO THE POINT OF BEGINNING. be and the same is hereby established as Community Business(CB) SECTION II. That a Special Exception for indoor/outdoor soccer facility in a Community Business(CB) zoning district is hereby granted subject to a site development plan hereby attaché and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock .m. City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. Mayor of the City of South Bend, Indiana Filed in Cfrk—r-V7; Office 4 q,-1,a—« C 1 st READING E n� 2:;',:?, PUBLIC HEARING b 3rd READING NOT APPROVED crryC,;II.. , ,a.f REFERRED PASSED 4111APEA JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571 ~L %Wednesda Y O ctober 17,2012 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend,IN 46601 RE: A combined public hearing on a proposed ordinance of the Northeast Neighborhood Revitalization Organization to zone from SF2 Single Family and Two Family District to MFI Urban Corridor Multifamily District and seeking a Special Exception Use for a group residence,property located at 1243 & 1247 Campeau,City of South Bend-APC#2650-12. Dear Council Members: I hereby Certify that the above referenced ordinance of Northeast Neighborhood Revitalization Organization was legally advertised on Thursday,October 04,2012 and that the Area Plan Commission at its public hearing on Tuesday,October 16,2012 took the following action: Upon a motion by John McNamara,being seconded by Robert Hawley and unanimously carried,the proposed ordinance of the Northeast Neighborhood Revitalization Organization to zone from SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily District property located at 1243& 1247 Campeau,City of South Bend,is sent to the Common Council with a favorable recommendation,subject to a Written Commitment that that the proposed property be rezoned back to SF2 if the Logan group residence should cease to exist.The structure being built is designed to look like a single family home and therefore blend in with the residential character of the neighborhood. Upon a motion by John McNamara,being seconded by Daniel Brewer and unanimously carried,the Special Exception Use for a group residence for up to 4 unrelated individuals,is sent to the Common Council with a favorable recommendation. The Special Exception Use will limit the use of the site and ensure that it will not be converted to any other uses. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, �i�@� In Clerk's ice eyfio, . n W.Byorni OCT 1 L0'1Z Attachment CC: Northeast Neighborhood Revitalization Organization L'fryC � �3ttt�¢�I41�,I!� Logan Community Center SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stjosephcountyindiana.com/Areaplan Staff Report APC# 2650-12 Owner: Northeast Neighborhood Revitalization Organization Location: 1243& 1247 Campeau Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily District; and a Special Exception Use to allow a group residence for up to four unrelated individuals. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south is Coquillard Park zoned SF2 Single Family and Two Family District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District uses and development standards: The "MF 1" Multi-family Residential District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects(including apartment,townhouse or row house style developments)and,high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site plan description: The site consists of two lots for a combined 0.3 acres. A 2,218 square foot residential structure is proposed,covering 17%of the site. Two parking spaces are proposed with access from the alley. The Special Exception Use will require Type B landscaping around the entire perimeter. Zoning and land use history&trends: In April 2011,a proposed duplex was given an unfavorable recommendation at 1201 Campeau. Traffic and transportation considerations: Campeau Street has two lanes divided by a grass median. Walsh Street has two lanes. Utilities: The site will be served by city water and sewer. Additional information: (Agency comments) Community and Economic Development recommended favorably. The City Engineer has no comments. Northeast Neighborhood Revitalization Organization #2650-12 Page 1 of 3 Staff Comments: This is a combined public hearing, which includes a rezoning and a special exception use The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a Special Exception Use can be approved. These standards are attached and made part of the Staff Report. Commitments: The following commitment has been proposed by the petitioner: 1) If at any time the Logan property for a group residence should cease to exist, Logan commits that the property will be rezoned to its current zoning of SF2. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan,South Bend Comprehensive Plan(November 2006) Objective H 1.4:Encourage the development of a variety of housing types and care choices for seniors and disabled persons. Objective H 1.5: Support existing transitional housing providers and shelters that offer a continuum of care to move people toward self-sufficiency. Objective H 4.3: Support the efforts of community organizations in developing infill housing. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation/Other Plans: This is located in the NNRO Overlay District. The Overlay District includes additional development standards for new construction. 2. Current conditions and character: The north side of Campeau is single family homes and the south side is Perley School and Coquillard Park. 3. Most desirable use: The most desirable use is one compatible within the general character of the neighborhood. 4. Conservation of property values: Surrounding property values should not be affected as long as the proposed commitments are in place and enforced. 5. Responsible development and growth: It is responsible development and growth to allow compatible infill development that meet the needs of the community. Northeast Neighborhood Revitalization Organization #2650-12 Page 2 of 3 Recommendation: Based on information available prior to the public hearing the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation, subject to the proposed commitment to rezone the property back to SF2 if the Logan group residence should cease to exist. Based on information available prior to the public hearing the staff recommends that the Special Exception Use petition for a group residence for up to four unrelated individuals be sent to the Common Council with a favorable recommendation. Analysis: The structure being built is designed to look like a single family home and therefore blend in with the residential character of the neighborhood. The Special Exception Use will limit the use of the site and ensure that it will not be converted to any other uses. Northeast Neighborhood Revitalization Organization #2650-12 Page 3 of 3 I, I tiki I II 1 1 ; 1 '` 1 ` ai' I I ''1 I I I �- —�1 - _ �1 1 l--1 I I, 1 II 11 I ; ', 1, 1 I ' I, I, 11 ', I. t . I I l II I�. 1 1 I I II 11.f i ' I it I 1I -I i 1 1 1, 1 I 1' I 1I I I , i 7 I II_ 1 I I II, Id ' ICI , I , I I if ;I I I, 1 1 I I _ II II I, 11 11 I i, I■ I III I I ; I I 1 I' i I II 11 1 I I I II Corby I I: I J IIIr 1 I I , 1 1 I I , i 1 , 1 ,I I ' I ! I' I I ICdfC9. 1I ,..I I Flpq 1 I i 1 !; II � , I, I I 1 i I , 11 I II 1 I 1 � I I' 1 1 I � i 11 1 1 J ; t I I 1 ' r- � I 1 r i 41 1 I I. I. 1 I II I 1 I r I 11 I 1 ems ' I 'i 1 1 I � � I 1. I � I I 1 ID 1 I I 1 , If I I 1 II�? I L ;.II:. IL JL II I _ I IL__J ! - �; _ ' I 'I J,__ I 1i✓ t�- I I Ji _i: 1,-_1 Campeau II I 11: I , IF 1 Chalfant ri• -�— �r I I� I I F. 11 Cu I I1 +1 I '■ 1 I � ' I �1 .I, - II ztla rit C I II I ;. 1 1, I. ,t .I Rezoning from: "SF2"" SINGLE FAMILY & TWO FAMILY DISTRICT to "t4F1" URBAN CORRIDOR MULTIFAMILY DISTRICT N W�1'--;,. __} E S ZONING CLASSIFICATION 1 inch _ 150 feet SOUTH BEND"SF2"SINGLE FAMILY AND TWO FAMILY DISTRICT Ad1 # 2650-12 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1243& 1247 CAMPEAU,SOUTH BEND, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The rezoning from SF-2 to ME-1 is requested to allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the State to provide residential habilitation services to people in their own homes. The NNRO desires to build a house for Logan,to accommodate four clients who have become independent enough to live by themselves with some scheduled supervision. This group residence requires a zoning designation of MF-1 with a special use exception to allow for up to four unrelated individuals in one house. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Parcel#1: 1243 Campeau (Key#018-5092-2355) Lot Numbered Two Hundred Eighty(280)as shown on the recorded Plat of the Third Addition of Park Place to the City of South Bend, recorded April 12, 1905, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 8,page 192, excepting therefrom a strip of land 5 feet in width, North and South, taken off of and from the entire width of the South end thereof,for street purposes in St. Joseph County,Indiana. Parcel#2: 1247 Campeau (Key#018-5092-3256) Lot Numbered Two Hundred Eighty-one(281)as shown on the plat of the Third Addition to Park Place to the City of South Bend, recorded in the Office of the Recorder of St.Joseph County, Indiana, EXCEPTING therefrom a strip of land five feet in width, north and south, taken off of and from the entire width of the south end thereof taken for street purposes be and the same is hereby established as MF-1. SECTION II. That a Special Exception for un to four unrelated individuals living in one house in a MF-1 zoning district is hereby granted subject to a site development plan hereby attaché and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock .m. City Clerk Approved and signed by me on the day of , 20 at o'clock .m. Mayor of the City of South Bend, Indiana Red Cirei%'s Office..Ct 1st RI'ADING PUBLIC. HEARING JOHN VO O ROE 3rd READING CITY CLERK,SOUTH nNO,IN NOT APPROVED .. RI BRED A-, es `I-10-tZ PASSE PETITION FOR A COMBINED HEARING City of South Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance,to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 1243&1247 Campeau,South Bend,IN 46617 2) The property Tax Key Number(s)is/are: Key#1018-5092-3255 Key#2 018-5092-3256 3) Name and address of property owner(s)of the petition site: Northeast Neighborhood Revitalization Organization,Inc. 803 Lincoln Way West South Bend,IN 46616 574-289-1066 deaandrews(a sbheritage.org 4) Name and address of contingent purchaser(s),if applicable: Logan Community Resources Inc. 2505 E.Jefferson Blvd. South Bend,IN 46615 574-289-4831 logan@logancenter.org For additional owners,reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: SF-2 To: MF-1 6) This rezoning is requested to allow the following use(s): The rezoning from SF-2 to MF-1 is requested to allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the State to provide residential habilitation services to people in their own homes. The NNRO desires to build a house for Logan,to accommodate four clients who have become independent enough to live by themselves with some scheduled supervision. This group residence requires a zoning designation of MF-1 with a special use exception to allow for up to four unrelated individuals in one house. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: N/A 8) A statement on how each of the following standards for the granting of variances is met: N/A (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: 9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. N/A 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: The rezoning from SF-2 to MF-1 is requested to allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the State to provide residential habilitation services to people in their own homes. The NNRO desires to build a house for Logan,to accommodate four clients who have become independent enough to live by themselves with some scheduled supervision. This group residence requires a zoning designation of MF-1 with a special use exception to allow for up to four unrelated individuals in one house. 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use,a group residence for not more than four unrelated individuals who will be under the supervision of Logan Community Resources,Inc.,is not injurious to the public Health, safety,comfort,community moral standards,convenience or general welfare. The four individuals who will live in this house will be residents of the community,going to their jobs and living quietly,needing only occasional supervision from Logan. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The much of the property around 1243 and 1247 Campeau is vacant or empty lots. The construction of a new home,that could be returned to single family if need be,can only enhance the property values. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The house is being designed to fit into the district and its use will be residential,conforming with those houses that still remain. (d) The recommendations of the City of South Bend Comprehensive Plan for this area indicate a continuity of its current use,which is medium density residential. The proposed use for the Campeau properties reflects these recommendations and will in fact be a positive influence in this direction. 12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached,and made a part of this PETITION,is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans;and (d)addressed,stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: PROPERTY OWNER: Dea Andrews Northeast Neighborhood Revitalization South Bend Heritage Foundation Organization, Inc. 803 Lincoln Way West South Bend, IN 46616 E /2/ex,i(p.,,,zz_95, A a y(z5--\__" 574-289-1066 ext 215 Marguerite A. Taylor, Secretary deaandrewssbheritaqe.orq c j 1 cry J iii7,7=`;i