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Home My WebLink About10-12-09 Common Council Meeting Agenda & PacketSOUTH BEND COMMON COUNCIL MONDAY, OCTOBER 12, 2009 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 27-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF SECTION 6-26 OF _ CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS 79-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PROVISIONS OF CHAPTER 14, ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING REGULATIONS FOR LIMITED PARKING _ WHERE A FEE IS CHARGED ON NON-RESIDENTIAL AREAS 79-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PROVISIONS OF CHAPTER 14, ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING REGULATIONS FOR LIMITED PARKING WHERE A FEE IS CHARGED ON NON-RESIDENTIAL AREAS 77-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,148,607 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE HOMELESS PREVENTION AND RAPID- RE-HOUSING PROGRAM (HPRP) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, AUGUST 19, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 78-09 THIRD READING ON A BILL SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06 WHICH AUTHORIZED THE ISSUANCE AND SALE OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT), ISSUED ON JANUARY 30, 2007 IN THE PRINCIPAL AMOUNT OF $8,105,000 (THE ~~BONDS"), APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, AN AMENDED AND RESTATED TRUST INDENTURE, AN AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS; AUTHORIZING THE DELIVERY OF A CONFIRMING LETTER OF CREDIT AND THE EXTENSION OF THE MATURITY DATE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 9. RESOLUTIONS BILL NO. 09-59 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: TWO VACANT LOTS NUMBERED 826 AND 827, 40 FEET EAST OF KALEY STREET, DIRECTLY EAST AND ADJACENT TO ROSIE'S KAZBAR (2644 W. WESTERN AVE.) ON THE SOUTH SIDE OF WESTERN AVENUE, SOUTH BEND, INDIANA 09-47 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 616 N. ST. PETER STREET 09-64 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 1400 WEST RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 09-66 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS A VACANT LOT BETWEEN 1016 AND 1032 WEST WASHINGTON STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5)FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION, INCORPORATED 09-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHWEST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS, FIRST READING BILL N0. 80-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DELETING SECTIONS 6-26 THROUGH 6-26.4 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS 81-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9951-09 ENTITLED ~~AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" 82-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0. 9672-06 ENTITLED ~~AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: ~~, ;;.:.. U~J ~' ~~ ~ ;: C? <5 s. ~` O~ xi y~ o~, ~~~ ~~5 N 'x~: m T ~~~ JAMES D. 1~f,4RKT.E, R.A. Design/Plan Review Specialist September 4, 2009 The Honorable Derek Dieter South Bend Common Council 455 County-City Building South Bend, Indiana 46601 MARICA. LYONS Asst. Zoning Administrator b~~~ tJJ it-off RE: P-.equest for Withdrawal Chapter 6, Building, of the South Bend Municipal Code Dear Mr. Dieter: After a .meeting with a group of concerned Low Voltage business owners, new information has surfaced that will make the proposed Ordinance change ineffectual. New technology is now available that is going to alter the scope and impact of these types of product installations. Since this will eliminate the need of inspection and enforcement, I request that you kindly withdraw Substitute to OrdinanceZl ~-09 for consideration. There is no intent to file any similar type of Ordinance in the future. If you have any questions, please feel free to contact me. Sincerely, _ r,~~ -_ ST: JQSEPPI COUNTS/SOUTH BEP?D BUILDING DEPARTMENT 125 S. LAFAYETTE BLVD. SUITE 100 SOUTH BEND, IN 46601 (574) 235-9554 TDD 574-235-5567 Fnx 574-235-5541 CHARLES C. BULOT BUILDING COMMISSIONER Charles C. Bulot Building Commissioner 4 ~dU Tgi E , U ~\ \ `_ /~ W, ~\ \EACE%j ~~ ~ ! 7 165 ~ 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www southbendin.gov September 23, 2009 Members of the Common Council < ~ t ~ ~ ` ~~ ~(J 4 Floor County-City Euilding South Bend, Indiana 46601 Re: Proposed Ordinance Regulating Temporary Parking for a Fee in 1Von- Residential Areas Dear Council Members: In 2007, Council Member at Large Al "Buddy" Kirstis and myself co-sponsored Ordinance No. 9785-07 which created special events and temporary parking on residential lawns. Since the passage of that ordinance, a fair and reasonable system has been implemented which properly balances the rights of the owners of residential properties with the rights of their surrounding neighborhoods. The article in yesterday's edition of the South Fend Tribune announced that Kelly Park, a small neighborhood park at the southwest corner of St. Peter and Howard Streets, would begin having up to seventy (70) vehicles parked on it for a fee on home Notre Dame football games prompted some calls to me from residents. I have attached a copy for your review. Those residents voiced concern with regard to public safety items such as driving over curbs, maintenance of the lawn areas, lack of supervision if a structure is not located on the property where parking will take place, monitoring ingress and egress of the vehicles, and noise -- just to name a few. The attached ordinance addresses concerns with regard to proposed temporary parking onnon-residential areas for a fee on soft surfaces. This bill would call for no parking on soft surfaces such as grass. It would also implement a similar procedure to be followed requiring a permit for parking for a fee. I look forward to discussing this proposed legislation with you and seek your support. Thank you. Most sincerely, ~.~ - f~ F ~~~~ Timothy use Counci ember at Large Attachments cc: Mayor Stephen J. Luecke ~E~~~ l~ :,c,+~ta'~ ~~E1~~' SEP 2 ~ d0~ Ei! VOaFiOF CiT't C1.KIl?~, ~p• BE45ii, (li. ®rdinance N®. Bill N®. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PROVISIONS OF CHAPTER 14, ARTICLE 9 OF THE -SOUTH BEND MUNICIPAL CODE BY INCLUDING REGULATIONS FOR LIMITED PARKING WHERE A FEE IS CHARGED ON NON-RESIDENTIAL AREAS. STATEMEl~IT OF PURPOSE AND I1~TTEloiT On September 24, 2007, the South Bend Common Council passed Ordinance No. 9785-07 which created regulations addressing special events held in residentially zoned areas. This ordinance created reasonable regulations for residential areas which attempted to balance the rights of the individual residential property owner with the rights of the surrounding residents and neighborhoods. That ordinance also addressed special events held in residential areas and the resulting parking needs. The attached ordinance would create regulations for the temporary parking of vehicles in non-residentially owned areas for special events by requiring a hard surface for such parking. It would also create a permit system similar to the regulations in place for special event parking in residentially zoned areas. It is believed that this ordinance is in the best interests of the City of South Bend. ~acr~, ~iivxe~,a~e, /e +,toa~u~zr~~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 14, entitled SPECIFIC PUBLIC SAFETY REGULATIONS, of the South Bend Municipal Code, is hereby amended by amending various sections of Article 9 currently entitled Regulations Addressing Special Events in Residentially Zoned Areas, which shall read as follows: Article 9. Regulations Addressing Special Events In Residentially and I~on- Residentially Zoned Areas. Sec. 14-51 Definitions. For purposes of this Article, the following defmitions shall apply: Alcoholic beverage: See definition in IC § 7.1-1-3-5. Non-Residential Temporary Parking Ordinance Page 2 Approved parking area: Land meeting the requirements of sections 18-41, 18-42 and 21- 11.02 of this Code. Boarding house: A building located in a residentially zoned area of the city where more than two (2) persons, who are not related by blood, legal adoption or marriage, live together. Chronic violation: Violation of this article more than two (2) times by the same person. Community/campus advisory coalition (CCAC): A 21-member advisory task force consisting of representatives from residential neighborhoods, elected and appointed South Bend municipal officials, university/college officials, and university/college student officials who are charged with identifying neighborhood concerns and proposed action plans to address such concerns. Conditional use lawn parking permit: A document issued by the City giving conditional approval to permit the temporary parking of motor vehicles on lawns in a residentially zoned area. Conditional use permit for a special event at a boarding house: A document issued by the City giving conditional approval to a sponsor to hose a special event at a boarding house. Driveway: See. defuution in section 14-41 of this Code. Front yard.• See definition in section 14-41 of the Code. Game day: A date when the University of Notre Dame hosts a home football game. Grandfathered: The right of sanction exempting a person or entity from certain zoning provisions as determined by the City of South Bend, which permits a use as a legal nonconforming use. Minor: A person less than twenty-one (21) years of age. Motor vehicle: See definition in section 14-41 of the Code. Non residential parkins area where a fee is collected shall mean any real estate not included in the definition for "residentially zoned area" set forth in this section. Park or parking: The standing of a motor vehicle, whether occupied or not, upon aright- of-way, driveway, front yard or side yard. See also section 14-41 of this Code. Residentially zoned area: SF1 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.01; SF2 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.02; MF1 Urban Corridor Multifamily District as further addressed in SBMC § 21-02.03; or MF2 High-Density Multifamily District as further addressed in SBMC § 21-02.04. Non-Residential Temporary Parking Ordinance Page 3 Right-of--way: See definition in section 14-41 of the Code. Side yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. See also section 14-41 of this Code. Special event: A planned or unplanned gathering of people. Special event lawn parking: Temporary lawn parking for a special event in a residentially zoned area which is only permitted when a Conditional Use Lawn Parking Permit has been issued. Sponsor: The person who hosts, conducts or permits a special event, who shows to have possession of the properly (a present possessory interest). If no sponsor is present upon the premises, the sponsor is deemed to be the property owner(s), as determined by reference to the records of the St. 3oseph County Assessor. Street: See defmition in section 14-41 of this Code. Temporary structures: Outdoor tent(s), trash container(s), chair(s), table(s) or equipment for- outdoor music. Sec. 14-55. Limited Exceptions to Permit Temporary Lawn Parking for Special Events and Limited Exce tions to Permit Tem ora Parkin Where a Fee is Char ed on Non- Residential Areas. (a) Any person who desires to temporarily park a -motor vehicle on the nonpublic lawn of a residentially zoned area may only do so on a property which conspicuously posts in the inside front window of the residential building located thereon the one-day conditional use lawn parking permit authorizing such limited, temporary parking. (b) Permits shall not be required for construction or other service vehicles who have employees working at a residentially zoned area during such construction. (c) There shall be a maximum of twelve (12) calendar days authorized for lawn parking for a specific residentially zoned area per calendar year. (d1 Any~erson who desires to temporarilypark a motor vehicle on the nonpublic area of a non- residential~arkinQ area where a fee is collected may only do so on property which conspicuously posts on the property the one day temporary conditional use parkin~,~permtt for non-residential areas authorizing such limited temporary parkin. Non-Residential Temporary Parking Ordinance Page 4 Sec. 14-56. Temporary Residential One-Day Conditional Use Parking Permit and Tem ora Conditional Use Parkin Permit for l~1on-Residential Areas Procedures and Fees. (a) Application a~ad proof of residency: A person who desires to park or who desires to permit the parking of motor vehicle(s) on the nonpublic lawn area of a residentially zoned area must have aone-day conditional use lawn parking permit. Such person must complete an application, file it with the Office of the City Clerk, and pay a nonrefundable application fee of five dollars ($5.00). Proof of residency for the subject property shall be required which lists the residential address for which the temporary residential special event one-day permit is requested. Acceptable documents include: (1) Indiana Driver's License; (2} Copy of a signed lease or real estate purchase agreement; (3) Current utility bill; or (4) Current bank statement which show the street address for the property in question. A copy of such document tendered shall be attached to the registration form. (b) Nonrefundable fee for parking less than ten (10) motor vehicles: If the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the City Clerk shall issue aone-day conditional use lawn parking permit to the applicant, upon the payment of a nonrefundable fee of one dollar ($1.00) per parking space. All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (c) Nonrefundable fees for parking less than ten (1 D) motor vehicles for home football season: Permits for an entire Notre Dame home football season may be issued by the Office of the Licensing Auditor to qualifying applicants desiring to park less than ten (10) motor vehicles upon the payment of a nonrefundable fee of one dollar ($1.00) per parking space times the number of remaining home football games. All fees collected shall be deposited into the General Fund. (d) Additional documents and reviews tivhen parking ten (1 D) or more motor vehicles: Any person who applies for aone-day conditional use lawn parking permit seeking to park ten (10) or more motor vehicles must also provide a lot survey, site plan or similar legal document which shows the following: (1) Location of lot lines and structures; (2) Setback of parking spaces of at least five (5) feet from all structures and lot lines; (3) Lanes for ingress and egress to parking surfaces; and (4) The location of proposed parking spaces. The above-listed information shall be referred to the Department of Public Works, along with a copy of the proof of residency document and the completed application form, for review and recommendation. The Deparhnent of Public Works shall determine the maximum amount of motor vehicles which may be safely parked at such locations based on the size of the lot, the information set forth on the tendered lot survey, site plan or similar legal document, and relevant public safety considerations. The Department of Public Works shall indicate the locations of the approved ingress and egress locations(s) and any approved temporary ramp structures. All parking must comply with the approved document. Non-Residential Temporary Parking Ordinance Page 5 (e) Nonrefundable fees for parking ten (10) or more motor vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the City Clerk shall issue aone-day conditional use lawn parking permit upon the payment by the applicant of a nonrefundable fee of twenty-five dollars ($25.00). All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (f) Nonrefundable fees for parking ten (10) or more motor vehicles for home football season: Conditional use lawn parking permits for an entire Notre Dame home football season may be issued by the Office of the City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of twenty-five dollars ($25.00) times the number of remaining home football games. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (g) Filing deadline: No applications seeking a conditional use lawn parking permit for game day parking shall betaken after 4:45 p.m. on the Thursday immediately prior to the game day. (h) Permit required to be displayed: Conditional use lawn parking permit holders and the motor vehicle owners who have their vehicles properly parked at such location prominently displaying the permit in the inside front window of the residential building located thereon, or if there is no building said permit shall be prominently displayed separately; with such persons being exempt from the provisions of Section 14-42 entitled "Parking Prohibited in Residential Lawn Areas", and the zoning regulations set forth in Sections 21-02.11 and 21-07.04 of the South Bend Municipal Code. (i) Exemptions: No conditional use lawn parking permits are required for parking on an approved driveway or parking space. (j) Violation for parking on date other than date listed on permit: Any motor vehicle which is parked on the lawn of a residentially zoned area on a date other than the date listed on the conditional use lawn parking permit issued under this section shall be in violation of Section 14-42. The owner of such a vehicle shall be subject to the penalties set forth in Section 14-44, as well as applicable zoning provisions of Chapter 21 of the South Bend Municipal Code. (k) Restrictions: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall not permit any vehicle to drive over an adjoining property during ingress or egress to their property. (1) Sight distance and impeding traffic: Motor vehicles parked pursuant to this section shall not interfere with the sight distance required for safe driving on a street, nor may parking of any vehicle impede pedestrian and/or vehicular traffic. (m) Driving over curbs: No person shall operate or park any motor vehicle on any portion of a lot in any residential district in a ~vay requiring driving the motor vehicle over the curb instead of through a curb cut; unless temporary ramp structures have been specifically authorized and approved by the Department of Public Works to be used, as evidenced on the conditional use parking permit. Visual events of driving over a curb shall be evidence of a violation of this subsection, subjecting the person filing the application for the subject property being subject to a citation. Non-Residential Temporary Parking Ordinance Page 6 (n) Repairing lawn ruts: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall be required to repair all lawn ruts within thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than Apri130 of the following year. (o) Permit holder assumes all risk and peril: Any person issued a permit under this section assumes all risk or peril. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses. (p) Tem~orary Conditional Use Parkin Permit for Non-Residential Areas: All of the re lations set forth in this section shall a 1 to an erson who desues to ark or who desires to Hermit the parkin of motor vehicle(s) on non residential parking area where a fee is collected except that no parkin shall be permitted on the lawn orxyrass area of the non-residential area. No permit shall be required where the primary use or accessory use of such lot or a portion of such a lot for the arkin of vehicles ahead meets the re uirements of a arkin lot as further addressed m Sec. 21 11 02 of the South Bend Municipal Code. {p-) ~ Citations: Any person violating any provision of this section shall be issued a citation for each violation by a Police Officer or a Code Enforcement Officer subjecting the violator to the penalty provisions of Section 14-58 of the South Bend Municipal Code. Sec. 14-59. 10ion-transferability; Refusal to Issue and Revocation Hearings. (a) Any person applying for a conditional use lawn parking permit, a Temporary Conditional Use Parkin Permit for Non-Residential Areas or conditional use permit for a special event at a boarding house under this article is prohibited to transfer such document(s) to a different residential location. Such transfer shall be a violation of this article subjecting the violator to the penalty provisions of Section 14-58. (b) All refusals to issue a permit; suspension or revocation of permits issued under this article shall be governed by the procedures set forth in Section 4-16 of the South Bend Municipal Code. Section II. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. Non-Residential Temporary Parking Ordinance Page 7 Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. Council Member T' thy A. Rouse John Voorde, City Clerk ~ by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock _ .m. Janice Talboom, Deputy City Clerk -'`~/~v~,c~cr~.~~ by me on the day of , 2009, at o 'clock . m. Stephen J. Luecke Mayor of the City of South Bend, Indiana 1 st READING ~-"~ PUBLIC HEARING 3 rd READING NOT APPROVE: ~i~~~ In ~1~Ck'~ ~~~i~ 5EP 2 ~ X09 JOhA1Y0pRD~ Ct~' CLeR~~ SQ. BEttD, IN. REFERRED, PASSED' iN Tuesday; September 22, 2009 B1 t ~ Y f ~ c , e ~` ~ 2~` - . ~. - ~~: .. ~ , -; ®Clty p aT~S . / ~ `unaruniously approved a plan, to going through the end of the year ,the parks board meeting and speak • ^ .char e:for~parkmg dorm home if it attracts enou h customers = agamsttheidea`Theflierpredicted g g g de' :artment to raise ; ~ ~~~ g ' " ~ for the' the park would be "littered~with P n~~ orhoodll ark at the so th neiahborhood Problems; _ trash, Beer bottles and food're= ei hb' ~ _ ~i.Ll1C1S f OT y0UtY1 ~ , g ~ , . P . the lot could mains from tail` ate artier " TO ralll$ west corner of St Peter and At full caparaty, g P ,; ' ~ P g _ Howard streets. ` ~ " ` generate `nearly $8,400 'for the But St Clan told fire board that ;, By ~JE~FF, ~ARROTT ~ ~' `~ `~ Parks'superntendent Phil St -parks depariinent over the season's no tailgating or' alcohoTwill be a1- Clair ~ said'tlie' park :`could hold final six home'games ` ` .~ lowed in the park.' Parl~ng will ~' Tnbnne,Staff'Wnter about 70 velncles, with fees of u` ' Tlie arks` deparEment expects : `open threehours before-the game P to x$20 pjer vehicle per game St aliout ~1' 5 m~lhon less in revenue '"and fans would have to -leave SOTTH :BEND' ,; The::~city Clait~.said the parking. will lie next'year because ofstateenacted v~nthm 90 muiutes afterward - ~~ arks °de ~ artiment`lio es, to' help ,'available for'tire next two home property tax cuts = =~~ • ~ •- ~' _ ' P_ P P `,, fund`youthprogr"airs vyith'"cash' games; Qct' 3 agauist the Umver- ;:'Someone recently had distnb ~ Staff water Jeff.Parrott: ,,. paid by NofreDamefootballfans'~ sity of-Was~iiiigton,and Oct:l7 uted fheT's around the neighbor ~:jparrott@sbtinfio:com "Tl'e F parks board Monday , 'against. USC. He would keep: it hood, urging residents fo attend (574) 235 6320 ._ ,._ ~3~~~~ ~~ ~ ':~ ~~ ~~3~a-rc SEP 2 ~ ~~~-~F4~:~~~r~~L~y« ~~;. 4 ( F~~ y.61~"7 P ~'''{ Y,~ kilSt} '° 4•~ ` ' 1200 Coi ~rrn--CrrY BviLDING 227 W JEFFERSON BOULEVARD SOLTI'H BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fnx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUIoIIT~T ~ ECOTeTOMIC DI;VI/LOPMENT JEFFREY V. GIBNEY EXECUTIVE DIP.ECTOR `~ l ~ ~ ` ~ ~ 11,.3 1 September 18, 2009 Mr. Derek Deiter President, South Bend Common Council 227 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Dear President Deiter: The attached bill for Council consideration and approval will appropriate $1,148,607 in Homelessness Prevention and Rapid Re-Housing (HPRP) funds. This action allocates new funds in accordance with the 2008 Action Plan and Amendment of the Housing and Community Development Plan submitted to the Department of Housing and Urban Development on May 20, 2009, and further amended and resubmitted on July 7, 2009. The funds being made available are part of the American Recovery and Reinvestment Act of 2009 (ARRA) and represent a one time formula allocation to South Bend as an entitlement community. As was provided to the Council in an Apri130 2009 memo, the HPRP funding is allocated for communities to provide financial assistance and case management services to prevent individuals and families from becoming homeless, and to help those who are experiencing homelessness to be quickly re- housed and stabilized. Additionally, the memo indicated that the City would allocate to the appropriate agencies working with its Continuum of Care. To that end South Bend's approved amendment indicated the City would conduct an application process for the allocation of these funds. Four applications were received with four.being recommended for funding. Please know that there will be only one point of entry into this program related to the provision of financial assistance. That point of entry will be the Center for the Homeless. For that reason the Center's funding level includes the dollars for the financial assistance service. F:\DATA\S~3AREICOMNIDEV\HOMELESSNESS PROGRAM\2009 HPRP LbTTER FOR ORDINANCE.DOC COMMUNITY DEVLLOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAh4 ~ ~ PAMELA C. MEYER DONALD E. INKS MPNAGEMENT n 574/235-96G0 574!235-9371 ELIZABETH LEONARD ~~ / FAx: 574/235-9697 574/235-9371 ~~, The City received the HPRP Grant Agreement on July 20, 2009 and has been notified by HUD that the Release of Funds date is August 19, 2009. Grantees will have approximately 36 months to use the funds with all funds being spent no later than July 19, 2012. Should there be any questions on this bill please contact me at 235-5845. I will be present to address this issue at the October 12, 2009 meeting. Thank you. ., Sine e ~~EJ~~ Pamela C. Mey Director cc: Jeff Gibney, Gregg Zientara, John March, Judy Rosheck Elizabeth Leonard F:\DATA\SIIARE\CONIIiIDEV~HOMELESSNESS PROGRAM\2009 HPRP LETTER FOR ORDINANCE.DOC ~'sl~~ {~ Gt~l'~9~ ~~~€~~ SEP 2 ? 2aaa ,,t~~P•! ~d~w~Cii= ~1TY CLL.?~~~, t?. i?r4~,~, E?s~~_= ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH SEND APPROPRIATING $1,148,607 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, AUGUST 19, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is committed to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, has applied for and has received on July 20, 2009 the approval of the United States Department of Housing and Urban Development to expend $1,148,607 in the execution of certain homeless prevention and rapid re-housing services, data collection and evaluation and program planning activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $1,148,607 is hereby appropriated within Community Development Fund (#212) for the program year starting July 20, 2009, for the City of South Bend's Homelessness Prevention and Rapid Re-Housing Program (Program Year 2008). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under Title XiI of Division A of the American Recovery and Reinvestment Act of 2009 (Recovery Act). This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2008 Housing and Community Development (HCD) Action Plan and Amendment, which are hereby approved and incorporated by reference with respect to the following distributions: S-09MY-18-0011 Homelessness Prevention and Rapid Re-Housing Program Dismas ,Inc. $ 66,163 The Center for The Homeless, Inc. ~ 507,103 Youth Service Bureau of St. Joseph County, Inc. 221,586 Madison Center 265,117 F:~DATA~SI3ARE~COMI~IDEV~HOMELESSNESS PROGRAM~2009 HPRP REVISED ORDINANCE.DOC Dept. of Community & Economic Development -Planning & Admin 36,138 Data Collection and Evaluation 52 500 TOTAL $1,148,607 SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council ~~~~~ ~i ~~€s ~t~l ~~~ +~~~~ ~i~ ~°D`~~.f~~~1 ~: a{,'3tt:'~.n~i ~:41i is ~i~t.t:'d 4 ".4~aAS ~~t~ ~S~ tEll~ lS~l~~¢ , 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 at o'clock _.m. day of 20 , Stephen J. Luecke, Mayor 9 st ~g/~D-FIG ~' ~-~ PUBLIG HEARING ~3 rd P,E,QDING NpT APPROVED REFERRED F.\DATA\SHARE\COMNIDEV\HOMELESSNESS PROGRAM\2009 HPRP REVISED ORDINANCE.DOC PASSED ~~1~=~ in ~1~~~';~ ~f€i~~ SEP 2 2 2009 dQf;y VG'C?I`C~ ~! ~ ~~~~' ~ ~r l ~ `-/! ` ~T~~~='~~ I-T p 600 lst Source Bank Center 100 Nonh Michigan South Bend, IN 46601 U.S.A. (574)233-1171 Fax (574)237-1125 Alan B. Feldbaum (574) 237-1114 alan.feldbaum@btlaw.com www.btlaw.com September 23, 2009 HAND-DELIVEIdED Mr. John Voorde ~ ` ~~ ~ ~ ~ ~ 0 ` Clerk of the City of South Bend 455 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: Ordinance for Consideration by the Common Council Pertaining to Those Certain City of South Bend, Indiana Variable Rate Demand Economic Development Revenue Bonds, Series 2007 (PEUGenesis Project) Dear John: We are serving as bond counsel with respect to the modification of certain of the terms of the above- referenced bonds (the "Bonds"), and in such capacity we are hereby delivering to the Clerk of the City of South Bend the enclosed copies of the proposed Supplemental Bond Ordinance (the "Supplemental Bond Ordinance") pertaining to the Bonds, together with two copies of substantially final forms of each of the following documents (the "Bond Documents"), which are incorporated by reference into such Supplemental Bond Ordinance: (i) the Amended and Restated Trust Indenture (as described in the Supplemental Bond Ordinance); and (ii) the Amended and Restated Loan Agreement (as described in the Supplemental Bond Ordinance). The purpose of the Supplemental Bond Ordinance is to authorize the execution of the Bond Documents for the purpose of making certain changes in the terms and provisions which are contained in the original Bond documents, including, among other matters, authorizing the delivery of a confirming letter of credit to further secure the Bonds and extending the maturity date of the Bonds from April 1, 2027 to April 1, 2033. We hereby request that such Supplemental Bond Ordinance be scheduled for first reading before the South Bend Conurlon Council on September 28, 2009 and that it be considered for passage on October 12, 2009, and that the Supplemental Bond Ordinance and the Bond Documents be made available for public inspection, in accordance with Section 36-1-5-4 of the Indiana Code. I will be attending the meeting on October 12, 2009 to explain the Supplemental Bond Ordinance and to answer any questions. As you may know, in serving as a conduit in connection with these economic development bonds, the City bears no responsibility, financial or otherwise, with respect to the payment of, principal of and interest on the Bonds. The ordinance specifies that in Section 6. The issuance of the Bonds by the City merely allows the Borrower to obtain tax-exempt financing as provided for under the Internal Revenue Code. If you have any questions, please feel free to call us. Enclosures Sincerely, BARNES & THOR1=dBURG L P ~1~~'`~ ~l~ ~~~1'~a' ~ ~~~~~~ ~; ~~~%~ Alan B. Feldbaum` "~~'-----_ ~C~ 2 3 ~Q~ dt)f,r: ~IQCPy~ ~IiY CLIt~~, fit?. Bsni:t?, I?~. -- ~ /SBDS02 ABF 395035v1 Chicago h1C~lflna M1Chlg8II Washington, D.C. ' .ii ORDINANCE NO. AN ORDINANCE SUPPLEIe'IENTING AND AMENDING ORDINANCE NO. 9722-06 WINCH AUTHORIZED THE ISSUANCE AND SALE OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT), ISSUED ON JANUARY 30, 2007 IN THE PRINCIPAL AMOUNT OF $8,105,000 (THE "BONDS"), APPROVING THE FORM OF, Al®ID AUTHORIZING THE EXECUTION AND DELIVERY OF, AN AMENDED AND RESTATED TRUST INDENTURE, AN AMENDED AN RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS; AUTHORIZING THE DELIVERY OF A CONFIRMING LETTER OF CREDIT AND THE EXTENSION OF THE MATURITY DATE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "C~") is a political subdivision of the State of Indiana, and by virtue of Title 36, Article 7, Chapters 11.9 and 12, of the Indiana Code, as amended (the "Act"), is authorized and empowered to adopt this Ordinance and to carry out its provisions. Pursuant to Ordinance No. 9722-06, adopted by to this Common Council (the "Council") of the City on or about November 27, 2006 (the "Original Ordinance"), the City on or about January 30, 2006 issued, sold and delivered those certain City of South Bend, Indiana Variable Rate Economic Development Revenue Bonds, Series 2007 (PEUGenesis Project) in an aggregate principal amount of $8,105,000 (the "Bonds"), and loaned the proceeds thereof to PEI/Genesis, Inc., a Pennsylvania corporation ("PEI") and Tuliptree Associates, LLC, a Pennsylvania limited liability company ("Tuliptree") (PEI and Tuliptree, collectively, the "Borrower") to finance and refinance certain economic development facilities as described in the Original Ordinance. The Bonds are currently secured by a letter of credit (the "Letter of Credit") issued by Citizens Bank of Pennsylvania (the "Banl~'), and in order to provide additional security and liquidity for the Bonds and enhance the marketability of the Bonds, the Bank has requested to Federal Home Loan Bank of Pittsburgh (the "Confirming Banl~'), and the Confirming Bank has agreed, to issue a confirmation of the Letter of Credit in the form of an Advice of Confirmation with respect to the Bonds (the "Con~rmin~ Letter of Credit"). Moreover, the Borrower has requested that the maturity date of the Bonds be extended from April 1, 2027 to April 1, 2033. There have been submitted to this Council proposed forms of: (i) the Amended and Restated Trust Indenture (the "Amended and Restated Indenture") between the City and U.S. Bank National Association, as trustee (the "Trustee"), pertaining to the Bonds, which Amended and Restated Indenture, among other things, permits the addition of the Confirming Letter of Credit and the extension of the maturity date of the Bonds to April 1, 2033; and (ii) the Amended and Restated Loan Agreement (the "Amended and Restated Agreement") between the City and the Borrower. The Common Council conducted a public hearing on October 12, 2009 on the proposed execution and delivery of the Amended and Restated Indenture and the Amended and Restated Agreement, the delivery of the Confirming Letter of Credit, and the extension of the maturity date of the Bonds until April 1, 2033, and, believes that such proposed matters will be of benefit to the health or general welfare of the citizens of South Bend, Indiana and complies with the purposes and provisions of the Act. The City, in connection with the delivery of the Confirming Letter of Credit and the extension of the maturity date of the Bonds, wishes to amend, supplement and restate (i) that certain Trust Indenture, dated January 1, 2007, between the City and the Trustee (the "Orr final bzdenture"), as set forth in the Amended and Restated Indenture, and (ii) that certain Loan Agreement, dated January 1, 2007, between the City and the Trustee (the "Original AQreernent"), as set forth in the Amended and Restated Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. Incorporation of Recitals. The recitals contained in this Ordinance and in the Original Ordinance are true and correct and are incorporated in this Ordinance by this reference. SECTION 2. Incorporation of Previous Findings. Each of the findings- which are contained in the Original Ordinance is true and correct and is incorporated in this Ordinance by this reference. SECTION 3. Findin~s• Public Benefits. This Council finds that the execution and delivery of the Amended and Restated Indenture and the Amended and Restated Agreement, the delivery of the Confirming Letter of Credit, and the extension of the maturity date of the Bonds until April 1, 2033 (i) will be of benefit to the health and general welfare of the City and its citizens, and (ii) complies with the purposes and provisions of the Act. SECTION 4. Authorizations. The Council hereby authorizes the execution and delivery of the Amended and Restated Indenture and the Amended and Restated Agreement, the delivery of the Confirming Letter of Credit, and the extension of the maturity date of the Bonds until 2 April 1, 2033. The amendments which are contained in the Amended and Restated Indenture and the Amended and Restated Agreement and in the terms of the Bonds will result in the Bonds being deemed to have been reissued for purposes of the Internal Revenue Code of 1986, as amended. SECTION 5. A royal of the Amended and Restated Indenture and the Amended and Restated Agreement. The Amended and Restated Indenture and the Amended and Restated Agreement are hereby approved in the forms submitted to this meeting, and a copy of each such document shall be kept on file by the City Clerk (the "Cler1~'). The Mayor (the "Executive") and the Clerk are hereby authorized and directed to execute and deliver such documents without further approval of the Council in substantially the forms herein approved with such additions, deletions and modifications thereto as may be approved by the Executive and the Clerk, as permitted under the Act, the execution thereof being conclusive evidence of such approval and of the approval of the Council; and the Clerk, or any authorized representative of the City, is hereby authorized and directed to affix the seal of the City to such documents and to attest the same. Two copies of the Amended and Restated Indenture and the Amended and Restated Agreement, hereby incorporated into this Ordinance, were duly filed in the Office of the Clerk and are available for public inspection in accordance with Section 36-1-5-4 of the Indiana Code. SECTION 6. Limited Obligation. THE BONDS AND THE INTEREST THEREON DO NOT AND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OF, OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWER OF, THE CITY, BUT ARE LIMITED OBLIGATIONS OF THE CITY PAYABLE SOLELY FROM REVENUES AND OTHER AMOUNTS DERIVED FROM THE AMENDED AND RESTATED AGREEMENT. SECTION 7. Other Action. The Executive and the Clerk are hereby authorized and directed to execute and deliver, in the name and on behalf of the City, any and all additional documents and instruments necessary or proper and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Ordinance (including the recitals hereto and the documents mentioned herein). The Executive and Clerk may, by their execution of the documents requiring their signatures or imprinting of their facsimile signatures. thereon, approve changes therein and also in those documents which do not require the signature of the Executive and/or Clerk without further approval of this Council if such changes do not affect teens set forth in Indiana Code Title 36, Article 7, Chapter 12, Section 27(a)(1) through (a)(10). SECTION 8. No Personal Liability. No stipulation, obligation or agreement herein contained or contained in. the Amended and Restated Indenture and the Amended and Restated Agreement, the Bonds or in any other agreement or document executed on behalf of the City shall be deemed to be a stipulation, obligation or agreement of any member of the Council, or any officer, agent or employee of the City in his or her individual capacity, and no such member of the Council, officer, agent or employee shall be personally liable on the Bonds or be subject to personal liability or accountability by reason of the issuance thereof. SECTION 9. Action A roved and Confirmed. All acts of the officers of the City which are in conformity with the purpose and intent of this Ordinance and in the furtherance of 3 ... the execution, delivery and performance of the documents and agreements authorized hereby are in all respects ratified, approved and confirmed. SECTION 10. Severability. If any provision of this Ordinance shall beheld or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provision or cause any other provision to be invalid, inoperative or unenforceable to any extent whatsoever. SECTION 11. No Conflict. Any ordinances, resolutions or orders or parts thereof in conflict with this Ordinance are to the extent of such conflict hereby repealed. SECTION 12. Effective Date. This Ordinance shall be in full force and effect from and after its passage and compliance with Indiana law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this -day of , 2009. Attest: City Clerk COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common C6`uncil Si~l;t~g ~s `.~~IJ ~~€s I" ~~iq° t~7 ~ie~~ ~i'4 ~n t7~,~'~3id?t:,'y Sri' ~'`.~i~t~ €ivsii~~ &~~ ~+~ t ;_> 4.r.;~~iai &C~~11 iJ~ Gila I}s~~~, 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 r ~~ R~AClI~~ `~ ~-?b'_'-~~ PUBlIG F~EARIP~(a 3 rd READWG NOT APPROaE REFERRED P~SSFE) o'clock .m. ~i~~~ ~~ ~~~C~i'~ ~~'f€~ S E P 2 3 2009 JOF'r~ V4GPRE GIT'd Glci`sif, SG. B~idD, fib, City of South Bend, Indiana ~. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT: Two vacant lots numbered 826 and 827 40 feet East of Kaley Street, directly East and adjacent to Rosie's Kazbar (2644 W. Western Av.) on the South Side of Western Avenue, 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, or its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: Two vacant lots numbered 826 and 827 40 feet East of Kaley Street directly East and adjacent to Rosie's Kazbar (2644 W. Western Av.) on the South Side of Western Avenue, South Bend, Indiana. in order to permit a Special Use for off site parking in a mixed-use district. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SEC'T'ION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SEC'T'ION ~. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~(.~-~-~ EO.O~-. (/~ Member of the Common Council ~i~fTF2~~ ~: l:s:a.' ! tz:..l ~si:i7 s i ~! ~. t, t+~~.r'n •~' c:a~a ~fr'~?i';s.~s~ °~ t,i3' ~4J+~F:./ EBGi`aitlt~ f'RESEh~ED 1d~T fSPP~QVEl3 ~~~ ~ 1 zaag JQF9N VGt~fipE ~30~TE~ 17aaa~.s~aa~a~i ~• ~%~N%5s~ Attorney at Law August 11, 2009 Area Board of Zoning Appeals 125 S. Lafayette Boulevard Suite 100 South Bend, Indiana 46601 Re: Taste of Mexico Petition for: Special Use for off site parking Variance to reduce parking spaces Variance to reduce minimum width of maneuvering aisle Dear Members: I represent Taste of Mexico. Please allow this letter and the accompanying documents to serve as my client's petition for a special use for off site parking; variance to reduce parking spaces; and variance to reduce minimum width of maneuvering aisle. Taste of Mexico is located at 2637 West Western Avenue, South Bend, Indiana 46619 and owned by Manuel and Laura Villegas. They can be reached at 48351 Fox Fire Drive, South Bend, Indiana 46628, telephone number 773-398-5529. The location of the property in their petition is the Taste of Mexico, located at 2637 West Western Avenue, S. Bend, Indiana. The petition for Special Use and Variance concerns two vacant lots directly across the street from Taste of Mexico. That property is commonly described as: Two vacant lots numbered 826 and 827, 40 feet East of Kaley Street, duectly East and adjacent to Rosie's Kazbar (2644 W. Western Av.) on the South Side of Western Avenue, South Bend, Indiana. The Taste of Mexico and proposed parking lot are located in a mixed-use district Township of Portage. My client is asking that you allow them to use off site parking, reduce the number of parking spaces and reduce the minimum width of maneuvering space in a parking lot. The reasons my clients are asking for the special use and variances are because my clients business has recently expanded and now require, per City of South Bend Code, additional parking spaces. A less than favorable recommendation by you may force my client to close the doors of his successful family business operated in South Bend. 257 W Indiana Av, Suite B, Valparaiso,lN 46383 (219) 464-3617, Fax: 548-0257 e-~S~'tl: collectionsystemsinc@verizon.net 1-888-548-3011 ,r Attorney at Law Taste of Mexico operates three different uses at their location; a restaurant, bar, and dance hall. Based on the use, square footage, maximum fire load and other factors, the City building code requires they have 109 parking spaces. The City's inspection shows that the restaurant requires 14 parking places; the bar requires 30; and the dance hall 65 parking places. At ``he' current time, my client has eighty (80) actual parking places. Please see the letter from the City of South Bend stating that my client currently has approximately 40 parking places and a site plan showing an additional forty (40) parking places, all attached hereto. My client has steadily improved this location over the past three (3) years and has expanded a bar and dance hall. However, the restaurant remains the heart of this establishment and is by far the majority of my client's livelihood. The restaurant is open seven days a weeks, from 11:00 a.m. to 9:00 p.m. The bar and dance hall open are open at limited times and hours, Friday and Saturday, 9:00 p.m. to 3:00 a.m. Like a church or other multi-use establishment, not full capacity parking is needed at all times. During the regular weekday daylight hours, my client is only required to have fourteen (14) parking spaces, but has enough for forty (40) parking spaces. Only during a short limited time, Friday and Saturday from 9:00 p.m. to 3:00 a.m., does my client face the possibility of filling the place to maximum capacity limits and rnnning out of parking places. The restaurant area is separated from the bar and dance areas by lockable doors. When the restaurant closes at 9:00 p.m. access to it from the bar area and dance area is closed. Because the restaurant is closed when the bar and dance club are open, the bar and dance club will benefit from the restaurant's open parking places. If you allow my client credit for the fourteen (14) restaurant parking places during maximum occupancy, my client is only short fifteen (15)1 parking places during a limited, potentially maximum limit load time period (Friday and Saturday from 9:00 p.m. to 3:00 a.m.). During the week when the bar. and dance hall are closed, the restaurant has a surplus of parking places. The proposed use will not be injurious to the public health, safety, comfort, community moral standard, convenience or general welfare. Quite the opposite. My client has owned this establishment for the past three (3) years and has made significant improvements to his business, the neighborhood and the City of South Bend. Since that time they purchased $20,000.00 worth of vacant land located within the heart of the City and converted it into a better use. The proposed parking lot is located directly across'the street from Taste of Mexico, within forty (40) feet of a traffic light controlled intersection. The additional parking lot will alleviate congested driving lanes on Western and surrounding streets. Neighborhood street parking and noise will be reduced by centralizing the parking location on a busy main street. As the current parking lot is regularly monitored by a designated Taste of Mexico employee, so will the additional parking lot across the street be monitored. My clients make it mandatory that a designated employee monitor the vehicles in the parking lot. In his words, "why would people come here for $15.00 - 20.00 worth of food if they have to pay $260.00 for a broken window and car stereo?" 1109-80=29-14=15 257 W Indiana Av, Suite B, Valparaiso; IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-888-548-3011 Attorney at Law The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Again, quite the contrary. The proposed parking lot is located directly to next to a long standing neighborhood bar. The property located directly to the east has been a commercial property, most recently an audio retail outlet. The audio retail outlet has been vacant for nearly three (3) years. The addition of a paved, lighted parking lot will improve the values of the adjoining properties between these two commercial buildings will in no doubt improve the value and safety of the adjoining properties. Because the area of the proposed parking site is located directly within amixed-used district with heavy commercial, personal and business traffic, additional parking space will be favorably received and consistent with the overall character of the district. The Taste of Mexico brings a unique and authentic feel to the area which in turn will no doubt inspire others to invest and potentially improve the overall economic development of the neighborhood. The area is currently filled with a mixture of corporate entities sitting next door to "mom and pop" businesses. The Taste of Mexico is consistent with the character of the district in which it is located. Taste of Mexico's use of the vacant land is consistent with the City of South Bend's Comprehensive Plan. You may remember the Taste of Mexico's former tenant, the Starlight Pizza. If you don't remember the Starlight, it may because the Starlight sat vacant for the three (3) years prior to my client purchasing the same exact property. The Starlight also had a bar and dance club. However, my client tells me that the bar and dance club had been vacant for the past ten (10) years and used as a "garbage" storage before he purchased the building. A review of local history may show that in +1iat light of what Starlight's use and parking requirements were, my client could be considered "grandfathered" My client's reconstruction of the dilapidated interior and exterior of the building is welcomed and within the City's overall Comprehensive plan to encourage local investment and land use growth; promotes transportation by allowing a pedestrian friendly egress; economic ethnic development; community building by attracting other responsible local Spanish investors; offers continued employment in the security, service and professional job markets; expands the City's cultural environment with its Spanish roots; and promotes future urban development by its consistent course of role model dedication. I ask that you vote factorable and allow my client a Special Use for Off Site Parking; Grant a Variance reducing the number of require parking spaces from 109 to 80 and reduce the minimum width of maneuvering aisle from 15' to 14'6". In the alternative, I ask that you allow for another inspection as the interior space of the dance floor has been undergoing a change. My client now has movable seating in the dance hall area that would require, according to City code, a reduction in the amount of parking spaces required. Further, I do not believe the large DJ booth azea had been considered when the original square footage was taken by the City. Again, this would now necessitate a reduction of the number of parking spaces required. My client plans to place permanent seating in this area, which once again will cause a reduction in the required number or parking places. 257 W Indiana Av, Suite B, Valparaiso, IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-888-548-3011 i'~eF~~ ~i o io ~~~~ ~~ Attorney at Law Lastly, Fernandez Bakery has offered to lease an additional 20 to 25 parking places to my client. Therefore, should you not allow the special use and variance as requested above, my client asks that you allow them another inspection which may now show a reduction in the amount of required parking places. Taste of Mexico thanks you for your time and consideration. Should you need anything further to preach a positive approval please do not hesitate to contact me. Sincerely, e ichael L. ~ psk Attorney at aw 257 W Indiana Av, Suite B, Valparaiso, IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-888-548-3011 7UL-17-2009 14:04 FROf~1: GP.UPO OPSYS 1 Q00 C.OUN'['Y-GITr ButLatNC 227 W ~EFPERSON BOULEVARd Sotrt~tt Bazap, Itdbfnru 4GG0t-1830 157428' 1 55 T17:1219542~257 PitoN~ 574/ a35-)Z41 Fnx 5741235-982 'CDfJ 5741235-5567 Cl'rY OF So+n-I•I $END STE['HEN j. )<.Ui?CKE, MAYOR ~F,1~AI~TMENT ®F ~A~ CxAS).gs S. L~orrE CmrArroRNEY Ms. Laura Villages Taste of Mexico 2637 W. Western Sauth Bend, IN 46619 Via Certified Mail June ~~, 2009 FiB; Denial of Restaurant License Taste of Mexico-2637 W. Western Dear Ms. Villeg~-s: AJ,ADEAN ~. DER~SE CHIEP AsslsTArrr Cn'YATTaRNEY P.4~7 This letter is to inform you that your request far a restaurant license has been denied. The denial is based on the lack of available parking spaces required by the zoning ordinances for your business. The Building Department recommended denial because you are required to have 109 parking spaces based on the size and uses of your property. The number of spaces you currently have is approximately 40. Should you choose to contest th(s dental, ypu have a right to a hearing. Ta avail yourself of that right, you must submit a written request to the City Attorney's once on ar before July 6, 2009, Upon timely receipt of your request, a hearing will be scheduled, If you fail to submit a written request for a hearing prior to the above deadline, you will forfeit your right to a hearing. Sincerely, ~-~, Ann-Garpl Nash Assistant City Attorney cc: C. Bulot M_ Adams L. Coleman J. Walters ~I-IOMAS ~,. BODNAR CML+SiYLA. GItL~ENL~ ANN~CARt~L~ASFI ]EFFRf;Y M. f ANKUWtiKI LAWRENCE ~. MP.TP.NI?R ] GPrRl;Y L, SANFUR[j jOI'fN ~~ BRODEN } t r ~' a . , _ , ;~: 4 " ~ ,A• ~~°`" ~} ® ,.- ' 6 ~s . ;'" 'r '1~ e ~ :Ofl ~ ~~ a1 77 1 ~ ~ .v ~>. ~~ ~~~~ ~~~~g ~~ Tc:sep~ .'~. a•':: ~ . . ,_ ~'i s Jii~EP~; i;0~t~~.., l~.E:i:Oi~;~E~: h~FC: FF.E ~ ~• i.7 e •~ µ ~• ~ F's.iGE~ e 1. ~6 ~~ ~v ~1 ~~~~~.r ~ ~t~~~c~~~ ~~~~ ~~ lk fi~~n~~ ~. aJ ~! ~ ~ ~' This quitclaim deed made on July 22, 2009, between Bernardo Galvez and Emilio Galofz263'7fW South Bend, St. Joseph County, Indiana, and Manuel Villegas and Laura Villegas , Western Ave., South bend, St. Joseph County, Indiana. That for and in the consideration of the sum of One Dollars, ($ 1.00 ), the receipt of which is hereby acknowledged, Bernardo Galvez and Emilio Galvez do hereby release, remise and forever quitclaim unto Manuel Villegas and Laura Villegas all of their interest, if any, in that certain real property commonly known as Vac. Adj. To 2642 Western Ave.•, located in the City of South Bend, County of St. Joseph, State of Indiana, described as follows: Lot Numbered Eight Hundred Twenty-Six ( 826 )Summit place 3RD Addition to the City of South Bend, Indiana. Tax # 18-4035-1245 Property Address: Vac. Adj. To 2642 Western Ave., South Bend IN 46619. Together with all the tenements, hereditaments, and appurtenances thereunto belonging, and the reversions, remainders, rents, issues, and profits thereof. To have and to hold, all and singular the premises, with the appurtenances, Laura Villegas and his heirs and assigns forever. unto Manuel and In witness where Irene Garcia has hereunto this day and year as set forth above. i~~ ~ nardo Galvez Emilio Galvez State of Indiana, County of St. Joseph ss: Before uie, Llie uiideisigned. A Notary Public .in and for said r_.n,inty and State, personally appeared the within named Bernardo and Emilio Galvez who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that the representations therein contained are true. ~' 7 ~ i, WITNESS, my hand and Seal this ~.Z ~~ ~ `._.~-- ' , ~ G~L t'nUc~<•- ~i7 ~G'~ 7 My Commission Expires Signature o N ary Public `'~ '~ TORRt s .1~ci~ x~ ~ v ~ ~s~5 , ~Q., DAIXyTORRES PrinY_ed Name of Notary Public +Y ~ • ~ =~:~,,,~,~"=: ~ St. Joseph County ~ s~ :r :~ MyCamm(sslonEzplres > 1 ~"'1 nd~~5n ~l-l •~-.]~ryr- ~ ~ :~:,~-~~ ~: .~ _ `y+:•~~~~ ~ JanU2fy7,20)~ Notary Public County a State of Residence •JN~_••• J ~~••~~~ ':r~instrument was prepared by Daixy Torres, .qr .°' ••.••s W Western Ave. South Bend IN 46619. 1329 , 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. . ,.. a5`~iti ,, ~ . ~~' P~ Name : C ~ ~ ` ~ ~ ~ w ~y /y ~~~~ ~' ;~6^ .5 ~ C~1 w cs~c~ ,d ~ z~~~~ a~i w ~~~ ~~ n ~:-. ~~~'r~if~ r E ' ~;- Pf:CtEaa i r 1' ("ai~:~ ~.L_•._ iJ L fi., i:~'7/r.:;!~~~3'1 E1c?ev'S~.`_'~~:jF'h1 S~-i"e ti~QS~ F}Fi CiJUPa i 'r I;h tJl7i;•'I~1_f~; f:EC FcEo ~]."1~~~ ~'Ar>>ri;; 1. This quitclaim deed made on July 22, 2009, between Bernardo Galvez and Emilio Galvez of South Bend, St. Joseph County, Indiana, and Manuel Villegas and Laura Villegas of 2637 W Western Ave., South bend, St. Joseph County, Indiana. That for and in the consideration of the sum of One Dollars, (S 1.00 ~, the receipt of which is hereby acknowledged, Bernardo Galvez and Emilio Galvez do hereby release, remise and forever quitclaim unto Manuel Villegas and Laura Villegas all of their interest, if any, in that certain real property commonly known as W 3~ Vac. Alley-Adj. Summit Place., located iii Cl-ie City of South Bend, County of St. Joseph, State of Indiana, described as follows: Lot Numbered Eight Hundred Twenty-Seven ( 827 ) as shown on the recorded Third Plat of Summit place , Addition to the City of South Bend, Indiana. Tax # 18-4035-1246 Property Address: W '-~ Vac. Alley-Adj., South Bend IN 46619. Together with all the tenements, hereditaments, and appurtenances thereunto belonging, and the reversions, remainders, rents, issues, and profits thereof. To have and to hold, all and singular the premises, with the appurtenances, unto Manuel and Laura Villegas and his heirs and assigns forever. In witness whe of, Irene Garcia has hereunto this day a d year as set forth above. r I ~ nar o•Galvez Emilio alvez State of Indiana, County of 5t. Joseph ss: Before me, the undersigned. A Notary Public in and for said County and State, personally appeared the within named Bernardo and Emilio Galvez who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that/the representations therein contained are true. _~. WITNESS, my hand and Seal this C /~ ~ ~ c7 n ~ .-~J~ My ~C€gmmission Expires: G ~~. C7 ~~~~~ ~`~ ~~~ ~ ~~ .~'~ Signature of!Not~ y Public • •~•~, :. Printed Na e of Notary Public D, 'S°r~ DAIXY TORRES _ ~~ ~ 'r St Joseph County 1 ;, ~;~ My Commission Expires 5 a"' i January 7, 2017 Notary Public County and 5 ate of Residence '`•"'~Lli~!~s'trument was prepared by Daixy Torres, 1324 W western Ave. South Bend IN 96619. 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. Name:~C~~Xc~~O`~~~ c ®~L~~~~~ ~~ az•~~~~Et~~~ai ~ ~~ ~~~~~ TLIL-1i--CiCi~ 14: ~4 FF'Oh'1: CF'UPO LI~_r-;'1''~~ ~A=l.~o~'496(WED1 1`o~,a~ YDRK Tl~'LE - - ~..~; 1~: f'-~~G~ 1JJS TCJ: 1~19~48Ci~5 r P. J~ ~ TE1,~219-z$aw75a2 P. oar SOT N1~1~~ER~a ~~~ ANA ~~'~ PLAT SHAWN ~N 7H~ R~~~RD~a TI~1R~ ~ OF ~Ul~M1T P~A~E A~~DITI~N T4 TNT ~~'~'~ ~~' ~~~~ ~~NQy 1N~lAN~• ~~~ .~ ~^~~^ ~ w~~ !~1~ST~RN ~,V~NUE 33 ~Q sg o~'~ ~ ~r, ~~~ ~~~_34 CL~Ai~S CROSS ~U~ i I ~ l i 1 -- ,~a~. ` --.-.- I ~ ~ ~ ~ 1.7 I '~ ~ ~ ~ I ~~ ` ~~ 1 '~ i ~ 14.E ,.. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fax: (574) 235-5541 September 3, 2009 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 9/2/09 Dear Council Members: The above referenced petition of Taste of Mexico was legally advertised on August 22, 2009. The Area Board of Zoning Appeals gave it a public hearing on September 2, 2009 at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for off site parking in a "MU" Mixed Use District, on property located on the south side of Western Ave. east and adjacent to 2644 Western Ave., 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. Since/re/~l~yr, Charles C. Bulot Building Commissioner CCB/cah TASTE OF I`/EE~:ICO SPECIAL EXCEPTTOT: PUP.SUANT 21 ~ 09.3CD) AREA BOARD OF ZONING .A.PPEALS FINDINGS OF FACT 1 . THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply wit11 all building, fire safet}~, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARP.CTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this properly. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHEIJSIVEPL.?I~~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 the Board that this request for Special Exception shall be passed onto the City of South Send Common Council with a: FAVORABLE RECOMMENDATION. ADOPTED this 2ND Day of August, 2009 YES NO ® MICHAEL URBANSKI aBSENT RANDALL MATTHYS ® JACK YOUNG .4BSETTT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAV/LEY ® JOE VELLEMAN 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan 235-9813 August 26, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting rain ~ ~ 2~~~~ dOt'h1 V9oP~Q~ It1. Ct~ CI.E~,f,r~ Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday S~tember 2. 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Qariances: 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 ma,~zner; and, (3) the strict application of the terms of this Chapter would result in practical difficulties in the use of the property Chapter. 1. The petition of Del M. Hensley The Staff recommends denial of the requested variance for an accessory structure without a primary structure. By defmition, an "accessory" structure cannot exist without a primary structure. Accessory structures without primary structures may tend to convert to, and be used for, non-residential uses. In the past, the Board has occasionally allowed an accessory structure when if was the intention of the petitioner to build a house and the accessory structure was used to store materials and equipment. In this case, the petitioner does not intend to build a house on this property. It appears that it is the petitioner's intention to build a personal storage building in the midst of asingle-family area in which he does not reside. 2. The petition of Vikie Mason and Illusion Salon Spa. The Staff recommends denial of the height variance. The request for 25' in height is more than 3 times the allowed height of 8'; a 212% increase. Variances for increased size undermine the intent of the sign ordinance, and requests should have a clear relationship to unique site conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". This sign would be a visual barrier and distraction to the busy intersection at Ironwood and Edison Roads, and may very well shield the building and sign at the southwest corner of the intersection. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 6. 'l,h¢ p¢tit®n of Laru-g~ ~o¢ and ]Rosalie A 1D'IicCay and l~onafld ~ Cynthia L. McCay. The Staff recommends approval of all variances. This configuration seems to preserve the largest amount of agricultural land. Due to the location of the existing houses, the Staff has no objection to the frontage variance. 9. Th¢ petition off l~loah Varnaflc, Town of ~Iew Carlisl¢. The purpose of setbacks is to insure that structures do not negatively impact the use and enjoyment of adjacent properties. In this case, the adjacent property is a public right-of--way, with the maintenance of that right-of--way the responsibility of the Town. Having a structure on the property line will require extra diligence, and exposed liability, on the part. of the Town at the time that the alley is re-graded or perhaps eventually paved, to insure that no damage occurs to the structure. 10. The p¢tntion of into done. The Staff recommends denial of the variance. This property in within INDOT's construction area for the State Road 23 road project. Since the entire site is being redesigned, no hardship exists. It is possible to design the site and maintain the 15' front yard setback. Only 26 parking spaces are required (3.5 spaces per 1,000 square feet of retail space), yet 46 are provided; more than double. If the 10 spaces within the front setback were eliminated, a variance would not be needed and the number of parking spaces required would have been met and exceeded. The maneuvering aisle width required is 24'; yet is being shown as 30'. An additional 6' would allow fora 11'6" front yard. The building could be moved the additional 3'6" to the north and a variance would not be needed. 12. The petition of Portage Manor. The Staff recommends denial of the variance. The placement of the new sign is clearly visible and the recently completed new intersection will help to identify the entrance. While visiting the site there were no perceived obstructions to viewing an appropriately sized sign. The proposed sign will be 225% taller and 335% larger then allowed. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays,- maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". Special (Exception) 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. (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 (St. Joseph County and City of South Bend) Comprehensive Plan. 15. The petition of Pedro, Veronica and Lashon Gurrola. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation subject to the use as defined in this petition with regards to the number of residents, the type of residents, and the type of services provided. The description of the proposed use appears to meet the standards for granting a Special Exception. lh. The petition of )E»I~S and ~acquellyn >l~aacker. These properties are located within the Chapin Park Local Historical District and the Chapin Park National Register District. The Historic Preservation Commission identified the house located at 309 Marion as a contributing structure in 2005 and therefore the house cannot be removed without the approval of the Historic Preservation Commission. The full comments from the Historic Preservation Commission are attached. Therefore the Staff recommends that the petition be tabled until the Historic Preservation Commission can fully review this petition. In the event that the petitioner does not want to table this matter, the Staff would recommend that this petition be sent to the Common Council with an unfavorable recommendation. 17. The petition ogTaste o~16~[exico.ltevisedpetition. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The Staffs approval of the front yard variance is subject to additional landscaping along Western Avenue. The City and the Western Avenue Steering Committee have been working to green the corridor and enhance the pedestrian environment. A low hedge plant would add a green buffer along Western Avenue but be low enough to not block site distance for safety. Staff would note that the north/south alley to the east was vacated in 2005, adding an additional 7' to Lot 827. The variance for maneuvering aisle width is no longer needed. If the east/west alley to the south will be used as ingress and egress from the parking area, the City Engineer requires it be paved from Kaley Street to the eastern boundary of the properly. 1S. The petition of Louis and Bonnie Smith and Walsh Construction Company. The Staff recommends that the Special Exception Use be sent to the County Council with a favorable recommendation subject to the standards of Article 8.02.O1.A.2.m. It appears this petition meets the size and setback requirements. The Staff is unaware if an indemnity agreement has been filed, a requirement prior to approval and construction of the borrow pit. 19. The petition of Stephen Dragovich. The Staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. It is the long-term goal of the Northeast Neighborhood Council to return the neighborhood to single family uses. The projected land use plan in the Northeast Neighborhood Development Area Plan (2003) identified this block of St. Peter Street as single family home ownership preservation. Granting a special exception allows a group residence permanent status. The other legal non-conforming "boarding houses" on this block will revert back to single family homes if the non-conforming use is inactive. The property is pending rezoning to MF 1. The rezoning will be heard at the September 15, 2009 Area Plan Commission meeting. Sincerely, t ~i . ~~ti~.~~~ ~~~ Christa Nayder Planner ,area Board of Zoning Appeals -September 2, 2009 TASTE OF MEDICO The petition of Taste of Mexico seeking a Special Exception for off site parking in a "MU" District and for the following variances: from the required 109 spaces to 80 spaces; from the required 15' maneuvering aisle space to 14' 6"; from the required 20' front and rear yard setback to 0', on property located on the south side of Western Ave. east and adjacent to 2644 W. Western Ave., Portage Township. Zoned "MU" Mixed Use. MR. MIKE LIPSKY: I reside at 2808 Edison Ave. in South Bend, Indiana with my offices at 257 W. Indiana Ave. in Valparaiso, Indiana. I'm here on behalf of the Taste of Mexico which is located at 2637 W. Western Ave. and the owner Manuel Villegas. I do apologize for the amended petition that is in front of you but it was prompted by a recent City inspection that had actually given a recommendation for a reduced number of required parking places. So I ask that we focus on the September lst letter because it is much more favorable for my client and much more in line with the City Code and ordinances. We're here today asking for four things. A Special Use for off site parking, a variance to reduce the required parking spots from 94 to 80 and the two variances eliminating the front and rear setbacks to zero. A little history, in July the City inspected my clients premises and found that they had insufficient amount of parking and they sent a letter saying they were going to revoke his business license. Since that time my client had gone out and bought some vacant lots across the street and was hoping this would be sufficient. He retained me then to prepare the petition for the Area Board. The recent inspection reduces the required number of parking from 109 to 94. My client operates three businesses at this location. A Mexican cuisine, a bar and a dance hall. At the time of the original inspection, when the inspector came out he inspected the dance hall which was a vast open area. It was in the construction phase, floors were being put down and it was being painted. Based on the calculation of square footage, the City determined that they needed a total of 109 parking spots. Recently my client has put in permanent seating. A big screen TV that's reduced the square and a re-calculation was done by the City Fire Department and the Building Department reducing that number. Of the three businesses the restaurant requires 14 parking spaces. The restaurant is open Monday through Friday from 11:00 to 9:00. Majority of the time there is ample parking. My client has a spot right next to the building which contains 40 parking spaces so a majority of the week there's ample parking. But on Friday and Saturday from 11:00 to 3:00 the bar and the dance hall is open thus requiring the additional parking requirement. If the Board were to allow the reduction from 94 to 80 in essence my client would only be short the 14 extra spots. But we ask that the credit be given for those 14 spots because it's not too unlikely, church, who is the parking is being based upon the total amount of space and a rectory. When the people are in the church praying, the rectory is not being used so they should be able to get the benefit of those 14 spots. Another reason for this amended petition is that the original petition anticipated the need to reduce the minimum maneuvering space. Since then a review of the County records has shown that my client actually owns 7 extra feet. In 2005 the City had vacated an alley. Half of this 14' alley went to part of the property owner and the other 7' went to these two lots. When my client purchased the property there was an open vacant lot. He purchased the property in 2007. At the time there was no fence up. According to the quick claim deed he had and the inspection by my contractor, he measured it from brick wall to the fence that is up which measured 80'. But the actual property records show that he has an additional 7' which then he would not need the variance for the minimum maneuvering width. He does have parking directly adjacent to the building, 40 places. The request for Special Use is directly across the street at maximum we anticipated it could contain another 40 places. We believe this would reduce 30 area Board of Zoning Appeals -September 2, 2009 MR. PHIPPS: And the other 40 are on the same side of the street ...? MR. LIPSKY: Directly adjacent to and connected to the Taste of Mexico. MR. PHIPPS: Half are on the same side and the other half are :..? MR. LIPSKY: But you remember the Starlite Pizza, it's the same parking lot that's attached to it. MR. LYONS SHpWED A SITE PLAN TO MR. PHIPPS AT THIS TIME MR. PHIPPS: I guess my only concern on this is the fact that so many of the parking spaces are located across Western. And my concern really is, there is some reason for it being a problem is that unfortunately all too often when people leave bars, dance halls, they're intoxicated and they would have to walk across a busy street with fast moving traffic and we've had more than one instance that I can remember where people leaving an establishment like that have been killed walking across a busy street. That I think essentially, where I normally wouldn't have a reluctance to approving off street parking located across the street from some kind of establishment, I do have more against a place where people may leave somewhat incapacitated. MR. LIPSKY: I understand and if I may respond. The actual parking lot across the street is within just, maybe I would assume 40' from a traffic light controlled intersection so there would be a safe ingress and egress from the restaurant to the parking lot. Once again we're only talking about the need for these additional 40 or so parking spots for a very limited time. Friday night, Saturday night from 11:00 to 3:00 in the morning. The risk factor I think is minimized instead of having it opened Monday through Friday, Monday through Saturday very late hours. My client also regularly employees at least three security at the location. One of them checking the doors and a few security walking around. It's his obligation to ensure, which he's done a pretty good job of making sure that nobody leaves the premises with alcohol or under the extreme influence of alcohol. MR. URBANSKI: It's an assumption then that it is not going to be opened on Friday nights, only on Saturday nights? Will the dance hall be open? MR. LIPSKY: Friday and Saturday. MR. URBANSKI: Okay, well you kept referring to Saturday night. And I was assuming what I heard before it was Friday and Saturday nights. MR. LIPSKY: The bar and the dance hall are only open on Friday and Saturday from 11:00 unti13:00. I believe that the City's main concern was the insufficient parking. My client is trying his best to alleviate that problem. And he's making the situation better by improving the lot and the vacant lot is roughly the 87' from the brick building to 7' to another brick building. The lot measures 87' by about 132'. It is our position it would be the best and most proper use for that piece of landlocked property. MR. HAWLEY: How would that be marked to indicate parking is for you establishment? 32 Area Board of Zoning Appeals -September 2, 2009 MR. LIPSKY: If you make a favorable recommendation and the City then follows and grants my client his continued business license, he'll have to pave the lot. He'll have to apply for the permits for the street cut for getting in and off of Western and he'll have to actually paint the lines to show the designated parking spots. MR. URBANSKI: I think what he means is there going to be a sign out there saying "parking for ...?" MR. LIPSKY: My client has already stated that he will have a sign up there that specifically says "parking for Taste of Mexico only, others will be towed." In the petition, also this is a family man, he doesn't want to have any of the so called problems. There may have been some concerns with the bar across the street. My clients position is that, why would he want to have certain undesirables attend his location, to bust out windows and things of that sort? So he actually has people out there watching the parking lot. Making sure people are getting back and forth and the vehicles are not damaged. MR. URBANSKI: The other thing in Area Plans report which I'm sure you looked at, he understands about paving the alley from Kaley Street to the eastern boundary of his property? MR. LIPSKY: we've discussed that and we'd like to be able to speak with the City Engineer what the extent of what the paving would be. To be quite honest with you folks my client took a risk and he was a decent mechanic in Chicago. He wanted to do this business and ended up selling his successful diesel shop, borrowed a bunch of money to buy the Taste of Mexico. He's improved it and his clientele has improved since that day. When the City came to him and said to him you need more parking, he paid $20,000 for a lot across the street. So he will do what he can to comply and he's willing to comply, he just needs the direction and the time to do it. MR. URBANSKI: Area Plan. MS. NAYDER: Our comment was based upon some additional landscaping Western and I see on the revised site plan that does show some shrubbery along Western and since no landscaping variances have been requested I assume they would follow whatever the ordinance says. I also have comments from the City planner Michael Divita who is in charge of the Western Ave. area and his comments are very briefly, he's in favor of the Special Use and the reduction of the parking spaces but he recommends the denial of the front and rear yard setbacks. MR. URBANSKI: It's only 20' or 35' front yard? MR. LYONS: It would be 20'. MR. LIPSKY: The front would be 20' and the rear would be 15'. MR. URBANSKI: And how many parking spots would that.eliminate? MR. LIPSKY: That would roughly be 35' from the total project. MR. URBANSKI: I just thought you might have the number of parking places that it would reduce? 33 <<lrea Board of Zoning Appeals -September 2, 2009 MR. LIPSKY: I would assume it would eliminate at least 12. IN FAVOR MS. JOY CARPENTER: I'm a resident at 309 S. Kaley Street and that's the side of the Taste of Mexico. I came here because I wasn't sure exactly what this petition was all about so in view of understanding that the gentleman stated, I agree with that petition for the additional parking lot because before it was a big problem on Kaley Street. People would park across the driveways and so forth and with him being able to put the parking spots, that will probably rectify some of that problem on Kaley Street. MR. HENRY DAVIS JR.: Offices on the 4`h floor of the County-City Building, 227 W. Jefferson Blvd. I'm in favor of it. Actually I was speaking with his counsel and the restaurant owner about two or three weeks ago. They actually gave me a tour of the building. I lived on Sheridan Street my entire life so I never knew what the inside of Starlite Pizza looked like. I remember going in there once with my dad when I was a very little boy. But the truth is I really, really think that we need to start helping and fostering the growth of businesses in South Bend. We have had a mass exodus of businesses leaving our area, going to Granger, going to Mishawaka, closing down, or even Eddy Street Commons. And so where we are able to help this growth we need to and so I'm in favor of the mixed use, the business and the parking lot across the street. Whatever we can do to retain the business, retain the tax dollars so that we can continue to grow our neighborhoods. MR. UItBANSKI: We did receive one letter from a Barbara White, 302 S. Kaley Street. Cannot attend the meeting, letting the Taste of Mexico having a parking lot across the street from their business might indeed help the neighborhood in getting rid of the damage. We in the neighborhood have put up with trash, broken bottles, loud voices at 3 a.m., urinating in our yards, cars driving over our yards, bottles being thrown over fences into our yards, car alarms going off at 3 a.m. and of course people trampling my flowers and destroying my border fences on numerous occasions not to mention their patrons blocking driveways and street. REMONSTRANCE MR. EMILIO GALVEZ: I live at 2630 Western Ave. South Bend. I am not against the parking lot but I'm just concerned about the alley because I own the property next to the property for the parking lot and this is where we go to the upstairs. There's an apartment upstairs and we did a petition in 2005 for the alley and I have the certificate for the alley that belongs to the property, our property, the 14'. MR. URBANSKI: Now is that the alley that runs east and west? MR. GALVEZ: Yes. MR. URBANSKI: And you say that was vacated? MR. GALVEZ: Yes, it was vacated in 2005 and that was given to the next property not to the parking lot. A COPY OF THE AERIAL WAS MADE AND GIVEN TO MR. GALVEZ 34 Area Board of Zoning Appeals -September 2, 2009 MR. LYONS: It was the north-south alley that was vacated. MR. URBANSKI: That's the one he's referring to that the petitioner has 7' of? MR. LYONS: Yes. MR. URBANSKI: Okay the alley that was vacated was the north-south alley that runs off of Western Ave. back to the east-west alley. MR. GALVEZ: Right, correct. MR. URBANSKI: So it's not the alley next to your property. Is that correct? MRS. VERONICA GALVEZ: 706 S. Gladstone. Okay the alley that Mr. Galvez is the one that was vacated next to our property on 2630 W. Western and he wants at least 7 feet for the parking lot when we made a petition for it because it belonged to our property and he wants to take 7' ... MR. URBANSKI: Mark usually, Mark would you explain it to them? MR. LYONS: When an alley is vacated, that 14' wide alley is divided by the two adjacent properties. The property to the east got 7' and the property to the west got 7'. The petitioner bought those two lots which included half the alley that was vacated. The property that was west of the alley was given 7' of that alley when it was vacated. MRS. GALVEZ: It wasn't given to him. When he bought the property, the parking lot that he has now, he bought it off them. The alley was their's already because it belonged to the property on 2630 W. Western. So like we said we made a petition for it, the City gave it to them because the reason why because it has an upper apartment that they rent. They have kids and stuff and that is the reason why they put a fence on it because of all the traffic that goes through there. MR. LYONS: The deeds provided the petition for what the petitioner bought does include 7' of that vacated alley. It is deeded on the parcel that he bought so when it was vacated they did give half of that alley to each property adjacent to it and the petitioner did buy those 7' . REBUTTAL: MR. LIPSKY: Just a little more clarification about the alley that was vacated. My client does have the deed to it and he's been paying taxes and the fence was put up after my client had bought the property. MR. MANUEL VILLEGAS: I live 4251 Foxfire Drive in South Bend. When I bought those two lots I bought it from a gentleman here and his brother. And I bought the two lots that I wanted for the parking lot I felt that I need those lots so I can have them for my customers on the weekend. But originally I didn't know that he, when I bought it I actually bought the two lots and when they put the fence, I said that belongs to me, from the fence to here, from the fence to the other building but then the City when they found out vacated that 35 ~xea Board of Zoning Appeals -September 2, 2009 alley, 7' belonged went to the other property and he probably didn't that too. I didn't know that too so that's why this thing happened. So it's not his fault and it's not my fault it's just something that we didn't know. Alright. MR. URBANSKI: Alright. A motion for approval of the variances subject to the approval of the Special Exception by the Common Council was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. A motion was made to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for variances was granted subject to the Special Exception'being approved by the Common Council and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds the variances granted subject to the Special Exception is approved by the Common Council and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. MR. LIPSKY: I would like to say a special thanks to the Building Department, Mr. Mark Lyons and Carolyn for all the help. This was my first petition in front of you. PETITION FOR VARIANCES GRANTED SUBJECT TO THE SPECIAL EXCEPITION BEING APPROVED BY THE COMMON COUNCIL PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA. BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 616 N. ST. PETER STREET 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 pursuant to I.C. 36- 7-4-918.6; 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 Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 616 N. St. Peter Street in order to permit a special Exception to allow a group residence in the MF1 District for up to 5 unrelated people. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION iII. The Common Council of the City of South Bend, Indiana, hereby fmds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. ~Iti ~- ~~ I Member of the Common Co it a~~~~"i~' ~~- ~i~~}~~ hea~ng anct ~~ on dais ~ cESENTEp ~~-I~{`~ 1 SOT APP~6~~ F~i~~ f~ ~t~~ts'~ ~~~c~ AUG 1 1 2Q09 ~a~ra vaa~c~ CfFY CLE~i:, Sa. B~idD, fN. ADOPTED. Stephen Dragovich 616 N. St. Peter St. South Bend, Indiana 46617 August 11, 2009 Board of Zoning Appeals The city of South Bend, Indiana 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Council Members, f~CC ~; o~ I respectfully request a special o allow a group residence in the MF1 district for up to 5 unrelated people. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; due to the overwhelming like use already prevalent within my block. A concentration already exists of student housing; so my property is landlocked by these MF1 properties. In addition, the proposed use will not be injure or adversely affect the use of the adjacent area or property values therein; once again, I'm landlocked by MF1 zoned houses which can only benefit from my rezoning to MF1 with special exception. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and therefore my request, given the concentration of student housing within the near northeast side neighborhood, is a consistent use of property within my district. The proposed use is compatible with the recommendations of the city of South Bend Comprehensive Plan from a practical perspective. South Bend has identified MF1 districts within its geographical city limits. I live in a designated MF1 district so I only respectfully ask for your favorable consideration of my request. Respec ully, ~~ `~~ Stephen Dragovi i5ft I sT ~~ ~ ~ - 2 Car Detached [2b1 5q ftj r O ~ 4_ 19k icr. ~ ~ ~ ~ ~~ - ~~ _ 15.1k 1 ..~_.-._.. _.._~~J ~' t- ~ x , ~ ~~ i ~ ~ ~ ~l ~, I I ~ , 1 Resid=_nce ~ j 1 I I i 1 ~ t ~ 4 1 r s2 =F ., f ~~ ` ~ - Ic ~, l . ". 1 -< L~~~~~~~ ~~~~~ .. ~~J 23. Eft ~Sft According to aerial photos, the front lot line runs along the east side of the sidewalk. The residence is set back approximately 18' from the West, front lot line and sits approximately 42.5' from the East, rear lot line. The residence is set approximately 20.5' from the North, side lot line and g' from the South, side lot line. l' cels C ounty Parcels MAILIN Rec PARCELID NAME_1 MAILINGADD MAILINGCIT ING GZIP PROP_ADDR 816 SOUTH BEND 1 016-5031-1106 BROADWAY EMMA 816 South Bend Av South Bend I N 46617 AV. LEGACY SQUARE 621 NOTRE DAME 2 018-5031-112601 DEVELOPMENT LLC 621 Notre Dame Ave South Bend I N 46617 AVE GROSS & COHEN VAC LOT 18 ALMOND 3 018-5031-1110 NOTRE DAME LLC 374 Old Montague Rd Amherst MA 1002 CT. LIVET AFRICAN VAC LOT 17 ALMOND METHODIST EPISCOPA 4 018-5031-1116 & CHURCH 719 N Notre Dame Av South Bend IN 46617 CT. 5 018-5032-1154 WENS HEATING COMPANY 1115 Fremont South Bend IN 46628 743 SOUTH BEND AV BLUE & GOLD HOMES 51524 BRIGHTON CT Granger IN 46530 749 SOUTH BEND AV 6 018-5032-1155 LLC 7 018-5032-115601 AJP REAL ESTATE GROUP LLC PO Box 232 Mishawaka IN 46546 755 SOUTH BEND AV RUST NUMBER 753 SOUTH BEND AVE 8 016-5032-1156 AUDREY RICHARDS TRUSTEE 753 South Bend Av South Bend IN 46617 753 SOUTH BEND AV . ORTHEAST NEIGHBORHOOD 9 018-5032-1153 REVITAL- 17~,TION ORGANIZATION INC 803 Lincon Way W South Bend IN 46616 741 SOUTH BEND AV RCELLO 10 018-5031-1095 SALVATORE AND MARISA 735 E Sorin South Bend IN 46617 735 SORIN 11 018-5031-110401 FEINGOLD RICHAR STANLEY 1011 E Donmoyer Ave South Bend IN 46614 813 SORIN EGACY SQUARE 617 NOTRE DAME 1 2 018-5031-1127 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE 1 3 018-5031-1126 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 VAC LOT 33 SORIN ZIMMER WILLIAM L & VAC LOT NOTRE 1 4 018-5031-1125 JULIA A 18075 Roosevelt Rd South Bend IN 46614 DAME AVE 1 5 018-5031-1104 KIMBLE CARL J ~ ANNA 840 N Ironwood Dr South Bend IN 46615 819 SORIN VAC LOT 33 NOTRE i6 018-5031-1124 WILLIAMS GILBERT L J R 1205 CAMPEAU ST South Bend IN 46617 DAME 17 018-5031-1099 NVNG LLC 812 E LaSalle One South Bend IN 4661 7 618 N ST PETER UNIVERSITY OF NOTRE 713 N NOTRE DAME 18 018-5031-1121 DAME DU LAC 224 PLANNER HALL Notre Dame IN 4655 6 AVE 19 018-5025-0867 GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 100 2 802 SORIN 20 018-5025-0869 GROSS & COHEN NOTRE DAME II LLC 374 OI Montague Rd Amherst MA 1002 810 SORIN 21 018-5025-0870 GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 814 SORIN 22 018-5025-0871 HARRIS VELMA J 8 18 SORIN ST S outh Bend I N 46617 8 18 SORIN 23 018-5025-0872 TTON LE ROY JR. AND HELEN J. 53307 Peggy Ln South Bend I N 46635 822 SORIN 24 018-5025-0873 BETSIAFA PATRICIA ANN & DOUGLAS K 224 N Sunnyside Ave South Bend I N 46617 826 SORIN 25 018-5025-0874 GROSS & COHEN NOIRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 828 SORIN 26 018-5025-0875 ONER ROSIE L*SEE TRANSFER NOTES* 834 E SORIN South Bend I N 46617 834 SORIN 27 018-5024-0846 GILLiS PETER F Ill 318 N Lafayette Blvd South Bend IN 46601 719 MINER 28 018-5025-0876 GROSS & COHEN NOIRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 836 SORIN 29 018-5031-1097 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 630 N ST PETER 30 018-5035-1239 HILL BERLEANE 729 South Bend Av South Bend IN 46617 729 SOUTH BEND AV 31 018-5031-1117 COLLINS KATHALEEN 812 Almond Court South Bend IN 46617 812 ALMOND 32 018-5031-1118 REESE JOHN & OTHA L 51545 Autumn Ridge Granger IN 46530 816 ALMOND 33 018-5031-1119 WILLIAMS GILBERT L JR 1205 Campeau South Bend IN 46617 820 ALMOND 34 018-5031-1120 FLOWERS KEITH 20801 Roosevelt Road South Bend IN 46614 824 ALMOND CT. 35 018-5031-1103 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 606 PETER 36 018-5035-1238 DOUGLAS CLINTON III PO Box 8265 South Bend IN 46660 727 SOUTH BEND AV 3 7 018-5031-1129 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 823 SORIN 3 8 018-5031-1093 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 609 ST PETER 39 018-5031-113001 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 613 NOIRE DAME AVE 40 018-5031-1102 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 616 SOUTH BEND 41 018-5035-1249 HOLMER THOMAS 716 South Bend Av South Bend IN 4661 4 ?; 8 SOUTH BEND 42 018-5035-1250 JDS PROPERTIES LLC 17642 PARRISH CT South Bend IN 4663 5 AVE. 43 018-5031-1092 GROSS & COHEN NOIRE DAME LLC 374 Old Montague Rd Amherst MA 100 2 613 ST PETER 44 018-5031-1101 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst NIA 1002 614 N ST PETER 45 018-5035-1251 OUSING AUTHORITY OF SOUTH BEND 501 S Scott St South Bend IN 46613 724 SOUTH BEND AVE 732 SOUTH BEND 46 018-5035-1252 FAIRMONT HOMES P.O Box 27 Nappanee IN 46550 AVE 47 018-5035-1237 EDNEGO ALEX & LEOMI 5023 Selkirk Dr South Bend 1N 46614 SOUTH BEND-VAC LOT AV 48 018-5031-1122 ATERNOWSKI PHILIP C 8< CAROLYN 21387 Mays Dr South Bend IN 46628 705 NOIRE DAME AV. ZIMMER WILLIAM L & 49 018-5031-1123 JULIAA 1 8075 Roosevelt Rd South Bend I N 46614 629 NOTRE DAME 50 018-5031-1089 BUMBACA FILIPPO 1707 So Bend Ave South Bend I N 46637 740 SOUTH BEND AV SCHIRRIPA ANTHONY 51 018-5031-1098 AND THERESE A 2123 Riverside Dr South Bend IN 46616 626 N ST PETER NORTHEAST NEIGHBORHOOD 52 018-5032-1152 REVITALIZATION ORGANIZATION 803 Lincolnway West South Bend IN 46616 739 SOUTH BEND AV TURNOCK-VACANT 53 018-5035-1243 MADISON CENTER INC 403 E MADISON ST South Bend IN 46617 LOT ST VAC-ADJ TO 740 S 54 018-5031-1090 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 BEND AV 55 018-5031-1096 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 812 SOUTH BEND AV 814 SOUTH BEND 56 018-5031-1105 ROBINSON DAVID A 814 South Bend Av South Bend IN 46617 AV. NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTH BEND 57 018-5035-1240 HERITAGE FOUNDATION 803 LWW South Bend IN 46616 731 SOUTH BEND AV NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTH BEND HERITAGE 58 018-5035-1241 FOUNDATION 803 LWW South Bend IN 46616 705 TURNOCK ST VAC LOT ALMOND 59 018-5031-1107 BROADWAY EMMA 816 South Bend Av South Bend IN 46617 CT. O VET AFRICAN ETHODIST AND 60 018-5031-1113 EPISCOPAL CHURCH 719 N Notre Dame Av South Bend IN 46617 719 NOTRE DAME AV LEGACY SQUARE 605 NOTRE DAME 61 018-5031-1130 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE 6 2 018-5031-1094 MANTA MARIO E 50929 Mulholland Dr South Bend IN 46628 605 N ST PETER WRIGHT SAMUEL LEE 6 3 018-5031-1091 %CUSTOM MASONARY Po Box 11645 South Bend IN 46634 617 ST PETER ORAGOVICH 6 4 018-5031-1100 JOHN`MISC 314 E Peashway South Bend IN 46617 616 N ST PETER 18-5031-1100 (Portage Tarp Information shown on this map Is not warranted for accuracy or merchantability. Reproduction of (his material Is not possible wdhoul written permission o(Sl: Joseph County, Indiana. Dale Printed: August 70, 2009 PholoOraphy:Spring 2002 N Prepared by: Sl. Joseph County OF:tce of GIS W E 227 W. Jefferson Blvd. South Bend, Indiana 46601 S ' Phone: (574) 245-668J 1 inch equals 101.334291 feet' AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 September 3, 2009 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 9/2/09 Dear Council Members: The above referenced petition of Stephen Dragovich was legally advertised on August 16, 2009. The Area Board of Zoning Appeals gave it a public hearing on September 2, 2009, at which time the following action was taken: Upon a motion by Mr. Urbanski, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for a group residence for up to five unrelated people, on property located at 616 N. St. Peter Street, is sent to the Common Council with No 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, G~~~--~ Charles C. Bulot Building Commissioner ~~~ CCB/cah DRAGOVICH SPECIAL EXCEPTION PURSUANT 21-09.3(Dl AREA BOARD OF ZONING APPEALS FINDINGS OF FACT ] . THE PROPOSED USE ~~ILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONTVENIENCE OR GENERAL WELFARE BECAUSE: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive. Therefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. ?. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY' AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: 3. THE PROPOSED USE V/ILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: 4. THE PROPOSED USE IS COMPATIBLE WI'T'H THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COA~IPREHE'NSIVEPLAI~rBECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the Cit}~ of South Bend Common Council with : NO RF"COMMEI'~'DATIOl~~. ADOPTED this 3ND Day of August, ?009 YES NO ® MICHAEL URBANSKI ABSENT RANDALL MATTHYS ® JACK YOUNG ABSENT J_A.CK HICKEY . ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 August 26, 2009 1140 County-City Building South Bend, Indiana 46601 www.stjosephcountyindiana.comlareaplan Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Ivlernbers: Fax 574 235-9813 pUG ? ~ 2GC9 t;i`~t CLEF {, w . The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday September 2, 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances: A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board. of Zoning Appeals making a written determination and adopfing appropriate Findings of Fact, based upon the evidence presented at a public hearinb 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 af•ea adjacent to tl7e property included in the variance will not be affected in a substantially adverse manner; ana? (3) the strict application of the terms of this Chapter would result in practical difficulties in the use of the property Chapter. 1. The petition of Del 1VI. Hensley The Staff recommends denial of the requested variance for an accessory structure without a primary structure. By definition, an "accessory" structure cannot exist without a primary structure. Accessory structures without primary structures may tend to convert to, and be used for, non-residential uses. In the past, the Board has occasionally allowed an accessory structure when if was the intention of the petitioner to build a house and the accessory structure was used to store materials and equipment. In this case, the petitioner does not intend to build a house on this property. It appears that it is the petitioner's intention to build a personal storage building in the midst of asingle-family area in which he does not reside. 2. The petition of Vikie 14'Iason and Illusion Salon Spa. The Staff recommends denial of the height variance. The request for 25' in height is more than 3 times the allowed height of 8'; a 212% increase. Variances for increased size undermine the intent of the sign ordinance, and requests should have a clear relationship to unique site conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live a~td conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". This sign would be a visual barrier and distraction to the busy intersection at Ironwood and Edison Roads, and may very well shield the building and sign at the southwest comer of the intersection. Serving South Bend, Lakeville, Ne~v Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~. The pe$i$on of harry .toe and 1~®salie A 1M[cCay and lAonalld ~ Cym$l~ia iL. I~cCay. The Staff recommends approval of all variances. This configuration seems to preserve the largest amount of agricultural Land. Due to the location of the existing houses, the Staff has no objection to the frontage variance. ~. The pe$ition of l~TOah ~arnafl~, Torn of 1~Iew Carlisle. The purpose of setbacks is to insure that structures do not negatively impact the use and enjoyment of adjacent properties. In this case, the adjacent property is a public right-of--way, with the maintenance of that right-of--way the responsibility of the Town. Having a structure on the property line will require extra diligence, and exposed liability, on the part of the Town at the time that the alley is re-graded or perhaps eventually paved, to insure that no damage occurs to the structure. 10. The petition of r~at$o done. The Staff recommends denial of the variance. This property in within INDOT's construction area for the State Road 23 road project. Since the entire site is being redesigned, no hardship exists. It is possible to design the site and maintain the 15' front yard setback. Only 26 parking spaces are required (3.5 spaces per 1,000 square feet of retail space), yet 46 are provided; more than double. If the 10 spaces within the front setback were eliminated, a variance would not be needed and the number of parking spaces required would have been met and exceeded. The maneuvering aisle width required is 24'; yet is being shown as 30'. An additional 6' would allow fora 11'6" front yard. The building could be moved the additional 3'6" to the north and a variance would not be needed. 12. The petition of Portage lYdanor. The Staff recommends denial of the variance. The placement of the new sign is clearly visible and the recently completed new intersection will help to identify the entrance. While visiting the site there were no perceived obstructions to viewing an appropriately sized sign. the proposed sign will be 225% taller and 335% larger then allowed. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". Special (l;zception) 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. (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 vse will be consistent with the character of the district in ~vhicla it is located and the land uses authorized therein; (4) TITe proposed use is compatible with the recomrnetzdations of the (St. Joseph County and City of South Bend) Comprehensive Plan. 15. The petition of Pedro, Veronica and Lashon Gurrola. The Staff recommends that the Special Exception Use be sent to the ,Common Council with a favorable recommendation subject to the use as defined in this petition with. regards to the number of residents, the type of residents, and the type of services provided. The description of the proposed use appears to meet the standards for granting a Special Exception. l~. The petiti®n of If~1~tS and .lacqureIlym IlgancIlser. These properties are located within the Chapin Park Local Historical District and the Chapin Park National Register District. The Historic Preservation Commission identified the house Located at 309 Marion as a contributing structure in 2005 and ,therefore the house cannot be removed without the approval of the Historic Preservation Commission. The full comments from the Historic Preservation Commission are attached. Therefore the Staff recommends that the petition be tabled until the Historic Preservation Commission can fully review this petition. In the event that the petitioner does not want to table this matter, the Staff would recommend that this petition be sent to the Common Council with an unfavorable recommendation. 17. The petiti®n of ')['sate of I~1[exic®. Prievisea' petiti®n. The Staff recommends that the Special Exception Use be sent to the Common Council with' a favorable recommendation. The Staff's approval of the front yard variance is subject to additional landscaping along Western Avenue. The City and the Western Avenue Steering Committee have been working to green the corridor and enhance the pedestrian environment. A low hedge plant would add a green buffer along Western Avenue but be low enough to not block site distance for safety. Staff would note that the north/south alley to the east was vacated in 2005, adding an additional 7' to Lot 827. The variance for maneuvering aisle width is no longer needed. If the east/west alley to• the south will be used as ingress and egress from the parking area, the City Engineer requires it be paved from Kaley Street to the eastern boundary of the property. 18. The petition of Louis and Donnie Smith and ®Valsh Construction Company. The Staff recommends that the Special Exception Use be sent to the County Council with a favorable recommendation subject to the standards of Article 8.02.O1.A.2.m. It appears this petition meets -the size and setback requirements. The Staff is unaware if an indemnity agreement has been filed, a requirement prior to approval and construction of the borrow pit. 19. The petition of Stephen Dragovich. The Staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. It is the long-term goal of the Northeast Neighborhood Council to return the neighborhood to single family uses. The projected land use plan in the Northeast Neighborhood Development Area Plan (2003) identified this block of St. Peter Street as single family home ownership preservation. Granting a special exception allows a group residence permanent status. The other legal non-conforming "boarding houses" on this block will revert back to single family homes if the non-conforming use is inactive. The property is pending rezoning to MF 1. The rezoning will be heard at the September 15, 2009 Area Plan Commission meeting. Sincerely, t I Christa Nayder Planner Area Board of Zoning Appeals -September 2, 2009 ~~~lt ~1~_ o~-bo STEPHEhi DRAGOVICH The petition of Stephen Dragovich seeking a Special Exception to allow a group residence for up to five (5) unrelated people in a "MFl" District, on properly located at 616 N: St. Peter Street, Portage Township. Zoned "MF 1 ". MR. KIMMEL PASSED OUT MAPS TO THE BOARD MEMBERS AT THIS TIME MR. JEFF KIMMEL: 218 W: Washington Street, Suite 600, South Bend, Indiana. I'm an attorney and I am speaking on behalf of Stephen Dragovich who's here with me today and he filed the petition himself. What we're seeking here in this petition is for a Special Use variance that would allow Stephen to rent the home that he owns at 616 N. St. Peter Street. Steve has lived in that house for eight years. This is a house that has been in Steve's family for three generations. His grandparents lived there. His mother was raised there. His father was a Notre Dame student many, many; years ago and rented part of the house where he met Steve's mother and Steve purchased the property from his father about eight years ago. Steve's father has passed away and this used to be a family neighborhood and it was zoned that way. But what I've passed out here is some maps of the area and the one house that we have highlighted in the red there in the sea of yellow is Steve's house. And the fact is, a general visual of what the neighborhood is like today. Steve lives there, doesn't rent to anyone. Currently all the houses you see in yellow are being used as rental properties. The upper left hand corner, the property just across South Bend Avenue, that was a group home that opened up just a couple of years ago I believe owned by the Madison Center. To right and just to the south of that is a large apartment building. Just south of that is a vacant lot directly across the street from 616 N. St. Peter. Below that is a home but it is used for student rental. I don't know, the zoning may be single family, but it's grandfathered in as a boarding house and it's owned by Kramer Properties and it's used for student rentals as is the house directly south of that. The third house to the south across the street from Steve is also a rental property owned by a different individual. Going over on the map on the same side of the street where Steve lives all the way to the north, MF1, a large apartment. South of that a rental property. South of that next door to the north of Steve, student rental. Below that for the next three houses, all student rentals. The house on the very south of the street has been abandoned for several years and the house to the right of that is no longer standing, that's been demolished and there is a large construction project under way and we don't know the exact nature of it but it's certainly not for a single family use. Down along the south of Sorin Street those are just. the properties that Steve marked that he knows for absolute certainty that are student rentals that we think there are probably more of those as well. So I know this came out of or come to you with an unfavorable recommendation but I don't think the staff realized what the demographics were here when they made that recommendation. And I hope they would change that upon consideration of what we're dealing with here. I think the main reason for the unfavorable recommendation up to this point goes back and it's sited here as a 2003 a Northeast Neighborhood council or plan to revert this back to single family residences. That is idealistic but it's unrealistic. These properties are being used as rentals and it's never coming back as single family. Steve's been there for eight years and since he's been there two apartments have opened. There's a new construction project coming up behind him for more multi family, multi use, multi resident purposes. A group home has opened up. He doesn't enjoy living there anymore and for the Board to deny him the right to do what everybody else around him is doing, would be to ensnare him and entrap him there and that would be grossly unfair given the fact that he's not someone who's come in from out of town and looked for this property. This 38 Area Board of Zoning Appeals -September 2, 2009 IN FAVOR MR. RICHARD FEINGOLD: I live at 1011 Donmoyer Avenue in South Bend, Indiana. I own and grew up at 813 Sorin Street. I would like to do the same thing. It's a three bedroom house. And I've maintained it all these years since I've moved away and it's empty right now but it can be fixed up and rented. I use it for storage so I think I could put three students in there and be like every other house in the neighborhood all around me. It would be a good thing to do. If I had more income. Thank you. REMONSTRANCE MS. KATHLEEN PHILLIPS: I live on Almond Avenue. I moved in that house with my mother as a young child, Theodosa Earl, who was a County Council member as well as she was on the Board of Commissioners as well. Now the reasons I have. I have a list but it's not very long for not renting that dwelling. He wants to be let out of his situation because he can't live there unfortunately, you're not the only one there. I am a family member. I have put up with, I have been there for 41 years as I stated. Every house around there is going to Notre Dame students. It is horrible. It is a (couldn't understand what she said) in front of my house right now that they put up. It's a huge building. It's right there on the corner of South Bend Avenue and St. Peter Street. There's one across the street. There's always parties. There's always drinking. They're trespassing because they're walking across my yard. They're walking in the yard. They're urinating on the property. I've had to chase them off when they were throwing garbage in my yard from their yards. He wants to be let out of his situation because he feels like he's the only person there that is a family now and everything else is going out of the selling and moving. Well if you let him out of his situation who's going to let me out of mine to be back into a family? What is a neighborhood? That's my question. What's happened? We have no neighborhood. All of the people come and go. There's no permanent residents because they're Notre Dame students. Only one or two families now are on St. Peter. I guess he's one of them. All the rest are Notre Dame students with noise all hours of the night and day. Littering, parties, parking problems. You can't go to the store, I can't go home after working ten hours a day and come home and park in front of my house without going from door to door, like the traffic police to find out who owns this vehicle. We have to give up our neighborhoods or what's left of it for non permanent residents. There's a home for sex offenders right there on South Bend Avenue, and of course nobody told us about that. Madison Center has put up homes around the area that are scattered sites. They have all of Niles Avenue to Hill Street. Our neighborhood doesn't mean neighbors anymore. Where are the neighbors, he run them off. That's probably why they're called hoods now. There's no neighbor in neighborhood. And most of our city has moved to Mishawaka which I'm sure is going to be name Mishabend because there's nothing left in South Bend. Why should we have to be run out of our home to satisfy Notre Dame. To satisfy Notre Dame. The parking across the street, 1 mean that's fine with me. I mean I'm a family. I gretiv up in that home. I have family that lives around the area and when they come there's no parking. I mean we can't have cookouts. We can't sleep at night. Most of their homes are in the back of my house so when I'm being brave and up the windows on a nice summer night I hear rah, yah, go Notre Dame and then the drinking. Okay, I'm almost done. Also what's going to happen to us as families? He said, his attorney or whoever this guy is, says that it's idealistic but it's unrealistic. That's bull crap. And it's very realistic. I am not going anywhere so why should I have to move because he wants to leave the neighborhood. Go ahead. I welcome him to leave. Let another family come into that neighborhood. If we keep moving out of the city and moving out of the city and 41 Area Board of Zoning Appeals -September 2, 2009 letting Notre Dame, I mean if this is going to be Notre Dame, Indiana, fine. If it's going to be Mishabend, fine. I will gladly move out of the State of Indiana. It doesn't bother me. I leave St. Joe County but I'm not doing it without a fight because that is my home and I do not like to see the Notre Dame students coming and taking over. And that's exactly what's going on. These kids don't live in your neighborhood so you don't have any idea what it's like. Here on my shirt, east side reunion. Every two or three years we have an east side reunion held over at Perley Park. We do this because we're proud of where we came from. Some of us are still here. Some of us of us have children here. Some of us have raised our children here. Some have of us have moved on. But the fact being when are we going to be a neighborhood reunion? There's not going to be an east side anymore. Let's put the neighbor back in hood. And let's stop giving to these people who are here for four years. They're here for four years and then they're gone. And they leave the destruction behind. If he's caught up and he can't leave then maybe he needs to join in and start taking your neighborhood back. Maybe that's what you need to do. Well try harder because I'm here right now to try. To stop you, because you don't know what it's like. If they let you out of your situation, who's going to let me out of mine. My situation is... SHE WAS ADDRESSING HER COMMENTS TO MR. DRAGOVICH MR. FEDDER: Just address the Board. MS. PHILLIPS: So I just hope you say no to yet another Notre Dame house. Four or five people in those homes. The parking is horrible. The noise is horrible. Let's put the neighbor back in neighborhood and not just having people coming and going and coming and going. It is realistic that, like you said yourself, we've got Eddy Street Coimnons now. There are things that are coming back into the neighborhood that would probably have families that will come into the neighborhood. You don't have to move out of St. Joe County or South Bend to be somewhere where we can have a family. And I thank you. MS. MARQUERITE TAYLOR: I live at 714 E. Corby Blvd., South~Bend, Indiana. And I did know Steve's parents. I am the third of five generations that lived on north Frances Street. One block from where he lives on St. Peter. It's Frances, Notre Dame and then St. Peter and we lived in the same hundred block. I currently live a block, actually two blocks from him now. I hear all the noise from the partying in that block of St. Peter. There is a lot of vacant land and then there's the houses, where it is truly party row. I am the NNRO which is the Northeast Neighborhood Revitalization Organization which is really been responsible for the Eddy Street Commons. I was there yesterday for the opening of Eddy Street. I was there today for a meeting that the NNRO had with the partners in one of the vacant buildings. The City is coming back. The neighborhood is coming back. Steve can rent to a mother, her boyfriend and her 27 kids, and that's fine. He cannot rent it to three students. The neighborhood has worked with as far back as Roger Parent, who was our councilman to help our neighborhood come back to single families. Someone said who would have thunk it that Notre Dame Avenue would turn into what it is? That they're now moving across South Bend Avenue. I'm working with the city on an overlay district to stop these apartments from springing up. People come in from Chicago, land is really cheap in South Bend compared to what it is in other places. So we're starting to get stuff. Stuff that doesn't fit. Those three apartment building that are on South Bend Avenue. I think that's a church across the street that didn't have to get special exception because it is a church. Stuff that's spring up in our neighborhood that just doesn't fit. I lived on Corby Blvd. since 1965. I bought the house in 1965, the house is paid for. Like I said I'm the third of five generations who lived in this neighborhood. Please, please don't grant this Special Exception. Thank you. 42 Area Board of Zoning Appeals -September 2, 2009 MR. BILL STENZ: I live at 1020 E. Colfax. Actually Steve and I are friends and I hope we still will be after this. And I also happen to be president of the Northeast Neighborhood council. And I am in a pretty unique situation on taking sides on this because I do know Steve and I also am a landlord and I rent an I U student and I rent to a couple of IUSB students and young families that one of them might be going to school. But I don't rent to these super houses that house five or six or seven students. Although I am surrounded by them also. And in particular I've been successful against this same landlord that Steve is surrounded with to limit some of these gross examples of student housing. And I'm not real sure I know, Chuck and I have been working on this, but about once a year I concentrate on what seems or appears to be a legally grandfathered house and it takes time but when it's all done and said I've been able to prove that it was a false grandfathered and it's been turned back into at least a smaller, maybe two people. I've suggested to Steve that maybe he should be watching extra carefully these other houses because I'm not sure exactly how it goes but I think if you've got a grandfathered house and you've got five students in one year and then three the next year, they hey you can only have three the next year again.. So I hate to say I'm against this because I know Steve but we do want our neighborhood back and the only way we can do it is one at a time and I just hope that he has a vacant. There so many, so many brand new student houses appearing that eventually some of these are going to be vacant and we're seeing it already. We're already seeing student rentals_that are vacant for periods of time and now they're actually turning into weekend rentals because they can't find the long term $2,000 or $3,000 a month time, five in a house, so if we can just do it one small step at a time, that's what we are trying to do. So if you don't give a negative recommendation certainly no recommendation is better than a yes. Thank you. REBUTTAL: MR. KIMMEL: I take that back, Steve is not the last of the Mohicans, there's three of them left in this area I guess. But he's the last one on St. Peter Street and nobody here lives on St. Peter Street as they refer to it as party row. That's where he is. They may be around it. He's stuck in the middle of it. They talked about things coming back and springing up, I think we showed you on that map the only thing springing up here is more of the same. Apartments opened up two years ago. There's two new apartments. There's now a condo complex that yet hasn't been approved but they're already starting to tear things down. I appreciate their concerns. They are largely, there are some commonalities that everybody here shares and what I hear from them and what you hear from them also is that, this situation is here, it's deeply entrenched and if's there one person on Frances and one up on Almond versus how many yellow houses there, is it realistic to think it's going to come back. Steve's been monitoring. He's been waiting for eight years. And the houses are full to the brim maybe beyond what they even should be so there's to try and put the burden on him to go and petition and keep an eye on every house in the block is just really unreasonable to ask for. I think that's all I have. I know Steve has a few things that he wants to respond to. MR. STEVE DRAGOVICH: I live at 616 N. St. Peter Street. As Jeff said I have been in the neighborhood for eight years and I planned on making that my home and these new things are popping up. And I couldn't agree with these ladies more that we have lost the neighborhood and I think what they said supports my case. The neighborhood's gone. I mean in no time soon it's not going to turn back to single family, it's ridiculous to think it will. And if that was the case then I don't see how these big apartment buildings on the corner ever got approved. And if that was the plan of the Northeast Neighborhood Association then why would they give their recommendation to approve those? Why would they approve the Madison Center building? It's clearly contradictory to what they're claiming. I've done my time. I've cleaned the street. I've cleaned the alley. I keep my property nicer than anyone in the area and I will continue to do that. I'm not going to have an animal 43 Area Board of Zoning Appeals -September 2, 2009 house running there. I welcome anybody here to come see my home. I've .restored it. It's beautiful. I planned on living in the home and I'in certainly not going to rent it to a bunch of animals that's going to tear it up. I mean, I can't speak for all of these other landlords but I know how I will tend to my property. I take a great deal of pride in it as did my grandparents when they lived there. As we said my father went to Notre Dame and rented a room there and met my mother. You know I'd like to find a nice group of people and rent to them. All I can do is promise you that I will keep up the property and if this ever does turn back to being single family homes, believe me I'll be the first one on board. In fact I would consider moving back. But as I said before we have lost the neighborhood and it's too late now. I've stuck it out. I've done my time. And I'd like to be let out of this now. I'm a hostage in the middle of all this. Thank you. MR. URBANSKI: I have to say this has been a meeting and a half. Not time wise but issues. Is there a motion? I truly hope we send it with some type of a recommendation other than no recommendation. I was really happy to see Nancy back there. I really mean that and look at her husband and the situation they are and I don't think that the situation that they are in right now and her husband's health but they're the only one in that neighborhood. I sympathize with the people on both sides, I really do. Not in my backyard. Do I want four houses around me, three houses or six houses on the street, seven houses. I wish our Councilman from the second district was still here. And I wish Ann was. Yeah they will have the final say on this. I'm the one who said a few minutes ago that as a Board we needed to act one way or the other. You know I don't -know if I can right now. We are an appointed Board. They are an elected Council and am I trying to get out of it? Yes. And I hope everybody here understands my position. I guess I'll make a motion to send it with no recommendation. A motion to send the petition to the Common Council with No Recommendation is made by Mr. Urbanski and seconded~by Mr. Hawley. MR. PHIPPS: I guess my comment is that doing these lot by lot is unfortunately the wrong approach. But we certainly don't have the power to some say in the zoning to change this back into a traditional single family neighborhood that wasn't overrun by students. Unfortunately the zoning of the past has put us in the situation where a multitude of homes are occupied by many people and I'm sure that turns the neighborhood into someplace where you probably wouldn't want to live. To just give up and say the whole thing should be multi family and let it go would probably make some sense logically. But are still as we heard so people who are sticking it out and hoping for a change the other way. It may be idealistic and say yeah, we'll give an unfavorable recommendation for this but it's not going to change the situation. It may make more sense to actually zone a section and say well this is turned over essentially to a large numbers of Notre Dame students but that's not a choice we have. We have one recommendation on one small parcel and whatever we do seems a little illogical. MR. URBANSKI: Ms. Taylor you were involved with the City plan as much as I was, very much so. But even before the City plan about 10 or 12 years ago, a South Bend organization came to the City of South Bend and wanted to put in a University Village with South Bend is the only major university town that doesn't have one. And I don't know if you remember that company who's offices are on Main Street about a block away from us. Their idea was to convert everything back from the St. Joe River toward the university back to single family dwellings and no rentals at all. Do you remember that? And to build very expensive, $1,100 to $1,200 a month rentals by Notre Dame in the woods and they got turned down. And somebody from Indianapolis...I 44 Area Board of Zoning Appeals -September 2, 2009 guess I'm speaking, so in turn they gave it to somebody in Indianapolis to build the homes but didn't follow through with the true plan was, it had to be about 95 or 96. MS. TAYLOR: The problem wasn't the University Village. We are a~neighborhood. We do not want ... MR. URBANSKI: Because at that time-it was suppose to extend all the way down to the St. Joe Med Center and face St. Joe Med Center toward Eddy Street. MR. FEDDER: We have a motion on the floor, Mr. Chairman. MR. URBANSKI: That's okay. Call for the vote. MRS. HENRY: We have a motion made by Mr. Urbanslci to send the petition to the Common Council with No Recommendation and seconded by Mr. Hawley. MR. VELLEMAN: Yes. MR. YOUNG: Yes. MR. PHIPPS: Yes. MR. HAWLEY: Yes. MR. URBANSKI: Yes. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did not satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with No Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with No Recommendation and will issue written Finding of Facts. PETITION IS SENT TO THE COMMON COUNCIL WITH NO RECOMMENDATION RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTI-i EEIVI) I~ESICrNATINCT CERTAIN AREAS WITIHN THE CITY OF SOUTH BEND, INDIANA, COMMONLY I~NO~IVN AS 14®0 BEST RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOi7SE COI~IPAl~TY, LLC WI-AREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1400 ~TiTest Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast comer of the Southwest 'l4 of said, section 35; thence South 89 49' S2" West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55' 00" West, 116.24 feet; thence North 00 00' 27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55' 00" West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55' 18" East of the Northeast addition to the City of South Bend recorded Apri16, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South line of King Street, 352.84 feet; thence North 00 00' 27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06' 09" East, 128.81 feet; thence North 89 46' 49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00' 00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast comer of the '/4 of said section 35; thence North 00 00' 30" West (bearing assumed) along the East line of said Southwest'/< a distance of 463.14 feet to the.Point of Beginning for the following described tract; thence continuing North 00 00' 30" West along said East line 336.00 feet to the South line of Queen Street; thence South 89.56' 09" West along said South line of Queen Street 176.60 feet, thence North 00 02' 36" Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56' 09" West along said centeriine of alley, 131.27 feet; thence South 00 06' 09" West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56' 09" West along Allen Street; thence South 00 OS' S 1" West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58' 27" East along said South line of McCartney Street, 12.91 feet; thence South 00 06' 09" West 6.11 feet; thence North 89 56' 09" East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et seg., 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 an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et se ., and South Bend 1Vlunicipal Code Sections 2-76, et sec ., 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fmds pursuant to Indiana Code 6- l.1-12.1-4.5 et se ., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and reconunendation of the Department of Community at~d Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be 2 designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation., SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council ~ F. p_ _t~";' L;a t:.~ t~ P~tF_SENTED ~-~-~~ ~10T APP°OV~EQ ~it~a~ ~ t ~'t~t'~.'~~ ~~~~~~~ ~E~ 1 ~ 2049 .,Q~i1 ~'vGR~'g r~DO;~TE~ 1200 COUNTY-CITY BUILDING 227 ~ JEFFERSON BOULEVARD Sovrx BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY U GIBNEY EXECUTIVE DIRECTOR September 10, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: STEEL WAREHOUSE COMPANY, LLC Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of various kinds of metal working equipment to be located at 1400 West Riverside Drive. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at between $2,100,000 and $3,000,000. The project meets the qualifications for a (5) five-year personal property tax abatement and a representative from Steel Warehouse Company will be available to meet with the Committee on Monday, September 28, 2009. 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 235-5835. Sincerely, ~~ R Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCUII. & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 EttzneErx LEONARD FAx: 5741235-9697 5741235-9371 j 200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY 1.:.7.bCUTNE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: STEEL WAREHOUSE CO., LLC DATE: September 10, 2009 On September 4, 2009, a petition for personal property tax abatement consideration for property located at 1400 West Riverside Drive was filed with the City Clerk by Steel Warehouse Company, LLC. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic.Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Steel Warehouse is a steel service center focusing on flat rolled, low carbon steel, with operations involving slitting, leveling, pickling, temper rolling, shearing and cold reducing. The company also supplies profiling parts using its plasma and laser cutting operations. In connection with its operations the company takes substantial positions in steel products for future sale and marketing of same to its customers. Under the proposed project Steel Warehouse plans to acquire and install releveling equipment to condition armor plate steel in preparation for burning parts, either by the company or third parties. The process will involve the use of the company's temper mill to level special alloy steel, having subcontractors heat treat the steel, and then returning the steel to the company for releveling. These processes will allow the company or third party processors to COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574/235-9697 5741235-9371 South Bend Common Council RE: Tax Abatement for Steel Warehouse Company, LLC September 10, 2009 Page 2 produce parts for customers needing armor plate processed to highly demanding tolerances. The total estimated cost of the equipment is $2,100,000 to $3,000,000. Depending on the final value of the equipment to be procured total taxes to be abated during the (5) five-year abatement period are estimated to be between $14,676 and $20,966. Total additional taxes to be paid as a result of the. prof ect during the five-year abatement period are estimated to be between $129,857 and $185,510. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create three (3) to twelve (12) new, permanent full-time positions with an annual payroll of $93,600 to $374,400. The project will also maintain four (4) existing permanent full-time positions with a total annual payroll of $124,800. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with the following previous tax abatements: Term/Type Resolution No. Date 5 year personal property 1169-84 June 25, 1984 5 year personal property 1432-86 Sept. 8, 1986 5 year personal property 1674-88 Nov. 28, 1988 10 year real property 1964-92 July 27, 1992 5 year personal property 1965-92 July 27, 1992 10 year real property 2157-94 July 11, 1994 5 year personal property 2158-94 July 11, 1994 10 year real property 2371-96 June 24, 1996 5 year personal property 2372-96 June 24, 1996 10 year real- property ~ 2496-97 August 25, 1997 5 year personal property 2495-97 August 25, 1997 5 year personal property 2714-99 March 22, 1999 10 year real property 2798-99 Oct.l 1, 1999 5 year personal property 2896-00 June 26, 2000 10 year real property 2895-00 June 26, 2000 5 year personal property 3035-O1 Sept. 24, 2001 10 year real property 3036-01 Sept. 24, 2001 South Bend Common Council RE: Tax Abatement for Steel Warehouse Company, LLC September 10, 2009 Page 3 5 year personal property 3380-04 Sept. 27, 2004 5 year real property 3 3 81-04 Sept. 27, 2004 5 year personal property 3382-04 ~ Sept. 27, 2004 5 year personal property 3791-07 Sept. 24, 2007 5 year personal property 3792-07 Sept. 24, 2007 5 year personal property 3793-07 Sept. 24, 2007 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5}five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. 5 YEAR 14-Sep-09 STEEL WAREHOUSE COMPANY, LLC South Bend Portage Township Personal Property Tax Abatement Schedule* 4065 & 18 2110-4067 Assessed Value: Current Assessed Value Base Assessed Value Less Abatement Deduction Net Assessed Value Property Taxes: Assume constant tax rate of Tax Key Number 018-2110- - Current Assessed Value: 9,616,132 Estimated Project Cost: 3,000,000 40% 56% Current 100% 80% AV & Tax Year 1 Year 2 100% 9,616,132 9,616,132 9,616,132 1,200,000 1,680,000 (1 200 000) (1,344,000) 9,616,132 9,616,132 9,952,132 Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker 3.0000% Debt Service 0.5477% Circuit Braker Cap 4.3015% 413,638 288,484 52,668 341,152 4.3015% 413,638 36,486 377,152 324,484 52,668 377.152 4.3015% 428,091 (34,699 393,392 338,884 54,508 326,284 55,428 317,284 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 341,152 42,572 383,724 6,572 377,152 2 341,152 59,601 400,753 7,361 393,392 3 341,152 44,701 385,853 4,141 381,712 4 341,152 34,058 375,209 2,103 373,106 5 341,152 25,543 366,695 789 365,906 Totals 1,705,758 206,476 1,912,234 20,966 1,891,268 *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. 310,084 55,822 365.906 42% 60% Year 3 9,616,132 1,260,000 (756,000) 10,120,132 4.3015% 435,317 (53,606) 381,712 32% 40% Year4 9,616,132 960,000 (384,000) 0,192,132 4.3015% 438,415 (65,308) 373,106 24% 20% Years 9,616,132 720,000 (144,000) 10,192,132 4.3015% 438,415 (72,508) 365,906 5 YEAF2 South Bend Portage Township Personal Property Tax Abatement Schedule* Tax Key Number Current Assessed Value: Estimated Project Cost: 018-2110-4065 8~ 18-2110-4067 9,616,132 2,100,000 ° 40 /o 56% 42% 32% 24% Current 100% 80% 60% 40 /0 ° o 20 0 Assessed Value: AV & Tax Year 1 2 Year 2 132 616 9 Year 3 132 616 9 Year 4 9,616,132 Year 5 9,616,132 Current Assessed Value 100% 9,616,132 9,616,13 000 840 , , 1,176,000 , , 882,000 672,000 504,000 Base Assessed Value , (840 000) (940 800) (529 200) (268,800) (100,800) Less Abatement Deduction 132 616 9 132 616 9 9,851,332 9,968,932 10,019,332 10,019,332 Net Assessed Value , , , , Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 14-Sep-09 STEEL WAREHOUSE COMPANY, LLC 3.0000% 0.5477% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 413,638 (72 486) 341,152 413,638 (47 286) 366,352 423,755 (46 035) 377,720 428,814 (59 270) 369,544 430,982 (67,462) 363,520 430,982 (72,502) 358,480 288,484 52,668 341.152 313,684 52,668 366,352 323,764 53,956 377,720 314,944 54,600 369,544 308,644 54,876 363,520 303,604 54,876 358,480 Existing Year Taxes New Combined Net Project Existing & New Tax Tax Taxes Taxes Abated Paid 1 341,152 29,801 370,952 4,601 366,352 2 341,152 41,721 382,872 5,153 377,720 3 341,152 31,291 372,442 2,898 369,544 4 341,152 23,841 364,992 1,472 363,520 5 341,152 17,880 359,032 552 358,480 Totals 1,705,758 144,533 1,850,291 14,676 1,835,615 '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. SHE ft~TE ,e S 1~1TCIYIEIVT yr Berveri t a "i„ y. 4> DCOCnAt Q no rv `~-- ~L ~ ER ~~, ~~ , ~-iwvly r 1 yr r 1 f;;, State Form 51764 (R / 1-06) "'"-~~ Prescribed by the Department of Local Government Finance INSTRUCTIONS' g ! rft' A2 SEP - 4 2009 JG'Ht1 Vt;Or".GE ~YOtZM 5f3-1 / F~13 PRIVACY NOTICE The cast and any specific individual's salary information is confidential; the balance of the filing is public record per IC 6-1.1-12.1-5.1 (c) and (d). 1. This statement must be submitted to the body designating the Econorc' R vitarl TY•~L.Etr~ 1!'tnrn"Th `~^~ "/ i ring if the designating body requires information from the applicant in making ifs decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/o~ information technology equipment for which the person wishes to claim a deduction. "Projecfs° planned or committed fo after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipmenfand/or logistical distribution equipment and/or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must fi/e a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May i5 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a frling extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1 / PP annually to show compliance with the Statement of Benefits. (!C 6-1.1-12.1-5.6) 5.. The schedules established under 1C 6-1.1-12.1-4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shalt continue to apply. (lC 6-1.1-12.1-4.5(f) and (g)) . Name of taxpayer Steel Warehouse Co LLC Address of taxpayer (number and street, city, state, and ZIP code) 2722 W TUCKER DR SOUTH BEND, IN 46624 Name of contact person Telephone number Richard King or Gerald Lerman (574) 236-sioo Name of designating body Resolution number (s) CITY OF SOUTH BEND COMMON COUNCIL Location of property County DLGF taxing district number 1400 W. RIVERSIDE SOUTH BEND, IN ST JOSEPH 71026 Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equpment and/or information technology equipment. START DATE COMPLETION DATE (use additional sheets if necessary) _ - - Manufacturing Equipment 10/15/2009 12/31!2010 Releveler equipment for armor plate applications. R & D Equipment Logist Dist Equipment IT Equipment Current number Salaries Number retained Salaries fJumber additional Salaries SEE ATTACHED ' -. -. NOTE: Pursuant to IC 6-1.1-12.1-5.1 d 2 the MANUFACTURING R ~ D EQUIPMENT LOGIST DIST IT EQUIPMENT ( ) ~) EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values Plus estimated values of proposed project TTACH D Less values of any property being replaced Net estimated values upon compiefion of project Estimated solid waste converted (pounds) 0.00 Estimated hazardous waste converted (pounds) 0.00 Other benefits: ~5 I hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed (month, day, year) G-+r...e1 rz.- ~.r~v+.~..-~ .4/~ ~ ~ 1~~~ S ..t ~•.~d- S~-/r~w4.-. ~, z o ~ 9 Attachment to Section 3 of SB-1lPP Section 3 Current # Salaries # Retained Salaries # Additional 427 $18,400,460 4 $124,800 3-12 Riverside Location Only Salaries $93,600-$374,400 Current # Salaries # Retained Salaries # Additional Salaries 42 $1,508,104 4 $124,800 3-12 $93,600-$374,400 Attachment to Section 4 of SB-1/PP Section 4 Manufacturing Equipment Current Values Plus Estimated Values Less Values of Any Property Being Replaced Net Estimated Values After Completion Cost Assessed Value $29,139,795 $9,616,132 $2,100,000-$3,000,000 $700,000-$1,000,000 $0 $0 $31,239,795-$32,139,795 $10,309,132-$10,606,132 Riverside Location Only Manufacturing Equipment Current Values Plus Estimated Values Less Values of Any Property Being Replaced Net Estimated Values After Completion Cost $801,085 $2,100,000-$3,000,000 $0 $2,900,000-$3,800,000 Assessed Value $264,358 $700,000-$1,000,000 $0 $964,358-$1,264,358 /~ steel ~ warehouse 2722 west tuc~er drive p.o. 6ox 1377 574-236-5100 souf{~ 6enci, intliana 46624 800-348-2529 fax no. X74-236-5154- September 4, 2009 Office of City Clerk County -City Building Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Sirs: Tax Abatement Proposal On behalf of Steel Warehouse Company LLC, I enclose a Petition for Personal Property Tax Abatement and exhibits thereto, a Statement of Benefits Form and a check to the City of South Bend in the amount of $250.00. Steel Warehouse hereby submits its application for Personal Property Tax Abatement in connection with a project to add new equipment having a value of approximately $2.1 million to $3 million. Steel Warehouse believes that the project will create three to twelve new full time jobs with an annual payroll increase ranging from $93,600 to $374,000 and maintain four 4 existing full time jobs with an annual payroll in the range of $124,800. Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled, low carbon steel. Its operations involve slitting, leveling, pickling, shearing, temper rolling and cold reducing. It also manufactures and supplies profiling parts using its plasma and laser cutting operations. The proposed project will enable Steel Warehouse to better serve the armor plate parts market. The project qualifies five (5) years Personal Property Tax Abatement under standards established for tax abatement by the City Council. We respectfully request your favorable action on our Petition. . Very truly yours, ~ ~~ ~ ~~ Gerald F. Lerman GL:Id CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, etet seq., and South Bend Municipal Code Section 2-84.2, et seg•, for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property ("equipment") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. Petitioner plans to acquire and install releveling equipment, as part of the project to condition armor plate steel, in preparation for burning parts, either by Petitioner or by third parties. The process will involve the use of Petitioner's temper mill to level special alloy steel, having subcontractors heat treat the steel, and then returning the steel to Petitioner for releveling. These processes will allow Petitioner, or third party processors to whom Petitioner will distribute the steel, to produce parts for customers needing armor plate processed to highly demanding tolerances. 2. The project will create 3-12 new, permanent jobs within the first year, representing a new annual payroll of $93,600-$374,400 and will maintain at least four existing permanent full-time and existing part-time jobs representing an annual payroll of $124,800. The projected annual salaries for each new position created are estimated to be as follows: Leveler operator -- $31,200 per year. This does not include performance incentives and benefits such as 401 k, paid holiday and vacations, and health insurance. 3 . Estimate the total cost of the Equipment: $2,100, 000-$3, 000, 000 4. (a} The Equipment is owned or to be owned by the following individuals or corporations (if tree businness organization is p~.zblicly' veld, ir_dicate 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 Steel Warehouse Company LLC 2722 W. Tucker Drive SB, IN 100% (Revised S/2/02) 1 (b}The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): n/a NAME ADDRESS IN® 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Petitioner is a steel service center focusing on flat rolled low carbon steel, with operations involving slitting, leveling, pickling, temper rolling, shearing and cold reducing. Petitioner also supplies profiling parts using its plasma and laser cutting operations. In connection with its operations Petitioner takes substantial positions in steel products for the future sale and marketing of the same to its customers. 6. The commonly known address of the property where the Equipment is to be located is: 1400 W Riverside Drive, South Bend, IN 7. The Key Number of said property is: 018-2110-4065 and 18-2110-4067 8. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. 9. Attach a map and/or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is. n/a (This information maybe obtained from the St. Joseph County Assessors office 235-9523) 12. The current use of the real property where the Equipment is to be installed is _ E Heavy Industrial and the current zoning is (use) and F (height and area). (This information maybe obtained from the Building Department 235-9553) (Revised 8/2/02) 2 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR R 2007 payable 2008 2006 payable 2007 2005 payable 2006 2004 payable 2005 2003 payable 2004 EAL PROPERTY TAXES PERSONAL PROPERTY TAXES $33,209.39 $0 $31, 950.96 $0 $32,863.56 $0 $30, 024.58 $0 $25,162.21 $0 (This information maybe obtained from the St. Joseph County Treasurers office 235-9531) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and 'whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time). Petitioner now and in the past has maintained a policy of hiring and promoting without discrimination with respect to race, creed, color or gender. The number of minority full-time employees in the companies, from the year 2004-2009 is as follows: 2004 132 minorities out of 455 total 2005 129 minorities out of 457 total 2006 128 minorities out of 445 total 2007 129 minorities out of 458 total 2008 131 minorities out of 506 total 2009 99minorities out of 419 total 15. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. Hone 16. What is your best estimate of the market value of the new Equipment after installation? $2,100, 000-$3, 000, 000 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? Yrl: $16, 000-$24, 000; Yr2: $12, 800-$19, 200; Yr3: $9, 600-$14, 400; Yr4: $6, 400- (Revised 8/2/02) 3 $9, 600; YrS: $3, 200-$4, 800 1S. What is the commitment your firm will make to minority employment during the five years of tax abatement? Petitioner will continue to hire qualified applicants without regard to race, creed, color or gender. 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: Major group 33: Primary Metal Industries 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 5050 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: 23. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. Petitioner may seek job training assistance for some additional personnel to be hired. 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: n/a 25. The new manufacturing equipment will be used in the direct production, (Revised 8/2/02) 4 manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Gerald F. Lerman Address: 2722 W. Tucker Drive City, State, Zip Code: South Bend IN 46619 Telephone: 574 236-5100 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Steel Warehouse Company LLC (Signed Name) Gerald F. Lerman (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Revised 8/2/02) ~tsi~d ail ~~~~'i€'~ ~9~~ SEP - 4 2009 5 JON~1V40RD~ ctrx c~.~RK, sa. s Exhibit A Beginning at the Southeast corner of the Southwest 1/4 of said, section 35; thence South 89 49' S2" West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55'00" West, 116.24 feet; thence North 00 00'27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55'00" West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55' 18" East of the Northeast addition to the City of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South line of King Street, 352.84 feet; thence North 00 00'27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06'09" East, 128.81 feet; thence North 89 46'49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00'00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the'/a of said section 35; thence North 00 00'30" West (bearing assumed) along the East line of said Southwest'/< a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00' 30" West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56'09" West along said South line of Queen Street 176.60 feet, thence North 00 02'36" Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street-and Queen Street; thence South 89 56'09" West along said centerline of alley, 131.27 feet; thence South 00 06'09" West along the East line of f,ot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56'09" West along Allen Street; thence South 00 05'51" West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58'27" East along said South line of 7vicCartney Street, 12.91 feet; thence South 00 06'09" West 6.11 feet; thence North 89 56'09" East 308.71 feet to the Point of Beginning. SEP - 4 2009 d~Y,R? ~~~P.~E Il~lap of 1404 Riverside Dr, South Bend, IN 46616 --- ~ ~ ~: ~.: ~ l~ fVfap o~'(400 Riverside ®r, Soufh fiend, {B~! 466'{6 Page 1 of 1 ~~ ~~ s,: ~. ~; ~'- a° ~L~ sib. ;h~~, =„i stye ~~~'~.~: ~~" S ~ a ~ i , ~, - ~ O f, > - a.•. •~~;~a~; ' ;16t~~~tT1~ ~! .'~: ~ s :' s ~ :_ ~llt ~ ,~~ When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. ~; x.h:ik~:i~ B . ,; `; ~ ~, :•rxr ,/ '~ ®~~ B~ II D' _ iPPLY 1.Ei3 _.. ,.........__, 3UTION BURNT PARTS PAN@L s~* PROFILING ILLER AREA IRLER ROLLER CONVEYORS 4d' PROFILING 20' CONY. 2U' CONV. ~ AREA ZO' CONV. r ~ ~ $ 20' CONV. 20' CONV. ~ ~ ~ ~ ~ r~ • ~w d ms' ~ ~4~ ~~~a h YfY. f 0 . ~ro ~ f'~8 ~ ~ .~.. M ~i ~ •4Z' ~ 6~ ~' i.8 v° rsd~ ~$ ~° e~ / ' _ 1 0 ~~ t -.' ~. ( -~- - .%%~ 1. r ~ ~ h ~ryf1 ~: N • ~y ~r- -s--`~~ r' ' w - - - . - ~..n .. rs+ '~. - i ,,, Y ~.~ ~ ~~ 1-~r ,. s a .:?w ~. ~ + k' ;. I 1--~ ~ ,, ~ ~~..~ ~ , ~ v - ~ RESOLUTION NO. A RESOLUTION CONFIIZNIING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH FEND, INDIANA, COMMONLY KNOWN AS A Vacant I~ot Between 1016 end 103 Wept Wa~iain~ton Street AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR South Bend Heritage. Foundation, Incorporated WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the vacant lot between 1016 and 1032 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land 120.78 feet, East and West, by 144.64 feet, North and South, located in the Northwest corner of Bank Out Lot Numbered Eighty-nine (89) on the second Plat of Out Lots to the Town, now City of South Bend, platted by the State Bank of Indiana. (In the process of being replatted into two equal lots -Lots #1 and #2 of Washington Street Minor Subdivision.) and this property has Tax Key Number 18-3068-2608, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fmds that the petition for real properly tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and fmds 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 signif cant 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 fmds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. 2 F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confums its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se . SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. '~ OL ~~~ ~~~° Member of the Common Co~~il ~,~P, ~t e.:a :: fii.: +..~ FK~SEP;TE~J ~O~ l1.-v hQT AFPPO.`•==~~ 9`${~~ fiat ~.~i~~~'~..9 SEP 1 8 2GQ9 ~5~44{~i tj~~Fr ~:~~,. ~GOPT~~? _,~,.~ SpUTy B Community & Economic Development _.~~~~°2 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 ^ Phone 574/235-9371 ^ Fax 574/235- 9021 l T o : Derek Dieter, President South Bend Common Council From Jeff Vitton, Community Development Planner Subject : Resolution 09-67, NNDA Plan Amendment Date : October 8, 2009 Please know that due to a scrivener's error Resolution 09-67, incorrectly referred to the Northeast Neighborhood Development Area as the Northwest Neighborhood Development Area. Please accept the corrected resolution, which is attached. Moreover, please continue the corrected Resolution until the Council's October 26, 2009 meeting to allow for continued community dialogue. Thank you. CC: Phil Byrd, NNRO Pamela Meyer, Community Development Donald Inks, Economic Development Jeffrey Gibney, Comm. & Ec. Development What We Do Today Makes A Difference ! ~ ~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on August 21, 2009, approved and adopted its Resolution No. 2598 (the "Declaratory Resolution"), Exhibit A, amending the Northeast Neighborhood Development Area Development Plan (the "Plan") for the Northeast Neighborhood Development Area (the "Area") and adopting the Northeast .Neighborhood Design Guidelines as an amendment to the Northeast Neighborhood Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the adoption of the Northeast Neighborhood Design Guidelines as an amendment to the Plan; and WHEREAS, the St. Joseph .County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on September 15, 2009, adopted and approved its Resolution No. 203-09, a copy of which is attached hereto as Exhibit B, determining that the Declazatory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution. and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: ' 1. The Plan Commission Order, which determined that the Declaratory Resolution conforms to the plan of development for the City, which Order is attached hereto, is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 12th day of October, 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council Attest: City Clerk • p c~,;~il Otl Phis 155tt ~ .-~eYi ~'il~d fn Gl~rk'~ G~tECe OCT ' $ 20C9 ~c~~! v~as~~ CITY CLt~iK, :'Q. P~:•!D, !P!. 1400 CouNTr-Crrr BLnLDU~rc 227 W. JEFFERSON BOULEVARD Sovrf-i BENn, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235-9241 Fax 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 5, 2009 Mr. Derek Dieter ~~~ ~ ~ ~J~ , ~c~ `- ~~ President, South Bend Common Council - 4`~ Floor, County-City Building South Bend, IN 46601 Re: Resolution Approving Area Plan Commission Order Adopting Northeast Neighborhood Design Guidelines Dear President Dieter: The Northeast Neighborhood Revitalization Organization (NNRO) has been working in partnership with residents of this area to update Design Guidelines for the Northeast Neighborhood Development Area (NNDA). A Resolution for the Common Council to approve these Guidelines as adopted by the Area Plan Commission is attached along with a more detailed explanatory memo from Jeff Vitton, Community Development Planner. His memo also identifies a website for members of the Council to review the Guidelines in full (www.southbendin. ~ov/NEDesi i;rl). Mr. Vitton will present this Resolution to the Council at its Committee meeting and at the full council regular meeting. Thank you for your consideration. Sincerely, C'~~ Aladean M. DeRose Chief Assistant City Attorney 0 CT - 7 2009 J~?t•4PJ'1Q~BG~ CITY CL_i:;R~~, c~. 8E?~a, lPd. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LA\X~RENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 B Phone 574/235-9660 ®Fax 574/235-9697 T o : South Bend Common Council From : Jeff Vitton, Community Development Subject : Northeast Neighborhood Development Area Plan Amendment Date : October 5, 2009 Please know that the attached resolution confirms the Redevelopment Commission's resolution to incorporate the Northeast Neighborhood Design Guidelines (Guidelines) into the Northeast Neighborhood Development Area (NNDA) Plan. This action directly implements the NNDA Plan, which called for the following to occur: "In order to achieve high quality design, construction, rehabilitation and site development, a more detailed design/development review process will ultimately be established for the Development Area. Design Review Guidelines for the Northeast Neighborhood, or parts thereof, will be put forward after an early phase of Plan implementation. It is anticipated that all design and development review will be monitored and controlled through a special area zoning classification provision in the South Bend Municipal Code that is specific to the Development Area. The Area Plan Commission, the Board of Zoning Appeals, the Common Council and the Building Department will be responsible for all design controls within the Area. The Redevelopment Commission, through its staff, will serve in an advisory capacity for the Development Area." -See page 30 of the NNDA Plan at: www.southbendin.gov/docs/CED_NNDA_PlanComplete.pdf The original Guidelines were created in 2004, but were not incorporated into the NNDA Plan. The Northeast Neighborhood Revitalization Organization (NNRO) has worked in partnership with neighborhood residents to update the Guidelines over the past year, and the Guidelines are ready to be incorporated into the NNDA Plan. It is anticipated that shortly after the Guidelines are incorporated into the NNDA Plan, the APC -acting in partnership with the City and NNRO -will initiate a process to create the "special area zoning classification" for the Northeast Neighborhood Development Area that implements many components of the guidelines. The Guidelines are available for your review online at: www.southbendin.gov/NEDesi~n. Due to the length of the Guidelines, please review this document online. However, if you need a paper copy, please do not hesitate to request one. Representatives from the NNRO and I will make a presentation concerning the Guidelines at your October 12, 2009 meeting. I have also attached a copy of a presentation and an editorial from the South Bend Tribune concerning the Design Guidelines for,your consideration. ~~~~ Lie ®® i'®~~y luel~~es A ®i~ea~-ac~! 1400 COUNTY-CIl'1 BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF I1AW PxoNE574/235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 7, 2009 Mr. Derek Dieter President, South Bend Common Council ~ L ~ ~ ~~~ . ~ ~ __~1; ~_ 4't' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Sewage Works Bond Ordinance #9951-09 Dear President Dieter: Attached for filing with the South Bend Common Council is an ordinance amending Ordinance #9951-09 which was recently passed and which authorized improvements and extensions of the City's Sewage Works through issuance and sale of revenue bonds. Because of the City's duty to place a portion of the approved bond proceed funds in a separate debt reserve account, the Sewage Works could not perform the project as fully contemplated. To remedy this, the State Revolving Fund Loan Program (SRF) is making available additional funds in the sum of $1,500,000.00. The attached ordinance amends Section II of Ordinance 9951-09 to expand the project description now made possible by infusion of these additional funds, specifically, improvements to Kennedy Park. No further amendment of Ordinance #9951-09 is required because the additional SRF monies do not change the total revenue bond funds of $4,600,000.00 authorized and described in that bond ordinance. Gary Gilot will present this ordinance to the Common Council at its committee meeting and at public hearing. Thank you for your consideration. Sincerely, AMD/cw cc: Gary Gilot L~ Gregg Zientara ~~ Aladean M. DeRose Chief Assistant City Attorney F~t~~ In ~~cr€d'~ t3~~i~~ OCT ' 8 2009 JG~tlVOORDE CITY CL€IiK, S0. DE}!D, IN. THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSHI LAWRENCE J. METEIVER JEFFREY L. SANFORD ,JOHN E. BRODEN ORDDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0.9951-09 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" The Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), has previously adopted Ordinance No. 9951-09 on August 10, 2009 (the "Bond Ordinance"), authorizing the issuance of sewage works revenue bonds by the City in an aggregate principal amount not to exceed Four Million Six Hundred Thousand and 00/100 Dollars ($a~,600,000.00) (the "Bonds"). The City expected to sell its Bonds to the Indiana Finance Authority (the "Authority") pursuant to the Bond Ordinance in the amount of Three Million One Hundred Thousand and 00/100 Dollars ($3,100,000.00) pursuant to the State Revolving Fund Loan Program (tf~e "SRF Program"). The SRF Program will make additional funds available to the City and a: a result the City can issue an additional One Million Five Hundred Thousand and 00/100 Dcil_ars ($1;500,000.00) of its sewage works revenue bonds (equal to the amount authorized by the Bond Ordinance) to finance a project in addition to the Project described in the Bond Ordinance. The Common Council desires to amend the Bond Ordinance to include the additional 1?roject expected to be funded by the additional bond proceeds. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The section of the Bond Ordinance labeled Section II. Description of the Project shall be amended as follows: Description of the Project. The Project collectively consists of (a) the acquisition, construction, installation and equipping of the following project known as "CSONet Phase 2 improvements" which include flow measurement instruments and control valves and sevrer piping changes to actuate real time monitoring and control at various CSO diversion BDDBQI 58616;??vl structure throttle line locations and (b) separation of storm and sanitary sewers in the area bounded b,~ Lincolnway West on the north, Bendix on the west, Olive on the east and the Kennedy Park on the south and including bio-retention areas and groundwater recharge galleries in the park 'as well as incidental street and curb and sidewalk and street, alley and driveway aprons repair and replacement and landscaping. The City, acting by and through the Board, shall proceed with the acquisition, construction and installation of the Project and shall enter into all contracts necessary or appropriate fox such purpose, in conformity with and subject to the requirements and conditions set forth in this Ordinance and in the Act. Section 2. All remaining terms and provisions of the Bond Ordinance remain in full force and effect. Section 3. This Ordinance shall be in full force and effect from and upon compliance with the procedures required by law. ****~ -2- BDDBOI 536168iv1 Passed and adopted by the Common Council of the City of South Bend, Indiana, on the day of , 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA -~~~n~~=~ ~~~ Member of the Common Council ~ ATTEST: ~~~~;~~~`~ `' _;, ' .,, °., . s . . ~ ~~ "'~ r' ~:.467i~i'i ~$vi:~9j LSli t~gJ EL 3F: We City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock .m. City Clerk Approved and signed by me on the day of o'clock .m. 1 st READING L D -t L-~`~ PUBLIC NEAP.ING 3rd READING NOT APPROVLtl REFERRED. PASSED 2009, at Mayor, City of South Bend, Indiana -3- ~°a~ S ; .y~5 ;a y.n 6 "•~ ~. .. : d a te':s OCT - 7 2GG9 '''"'''s `lC~i14CE <fay ,.;~r „ ~,~ c?~}. ~•~•''i^ ill. BDDBUI 58616S7v1 1400 COUNTY-CITY BUILDING 22,7 ~ JEFFERSON BOULEVARD SOUTH BEND, JIVDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 7, 2009 Mr. Derek Dieter President, South Bend Common Council ~` ~ ` 1'~ , 4`h Floor, County-City Building _ _~ \ (` `~ w~ South Bend, IN 46601 Re: Ordinance Further Amending Ordinance #9672-06 Dear President Dieter: Attached for filing with the Common Council is an ordinance further amending Ordinance #9672-06 which authorized acquisition and installation of improvements to'the City's Sewage works through issuance of additional revenue bonds. The attached ordinance approves an alternative method for selling the bonds originally authorized in Ordinance #9672-06. The alternative method is through the irldiana Bond Bank, and this would achieve interest savings on this series of bonds. The City's bond counsel has recommended the amendments to Ordinance #9672-06 which are set forth in this Ordinance. Public Works Director Gary Gilot will present this ordinance to the Common Council at its appropriate Committee meeting and at the Council's public hearing of this ordinance. Thank you for your consideration of this matter. Sincerely, ~r Aladean M. DeRose Chief Assistant City A AMD/cw cc: Gary Gilot Gregg Zientara j'• ~i'~~~4i:~'~ CITY Ctlr~'r:, s•-:..~..,~......_..- t F {?(Pi• 1 `i ~ 1':s~ Lid ~ SArY 415PLi~ THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ~~ot~~~_ ~~_~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHWEST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on August 21, 2009, approved and adopted its Resolution No. 2598 (the "Declaratory Resolution"), Exhibit A, amending the Northeast Neighborhood Development Area Development Plan (the "Plan") for the Northeast Neighborhood Development Area (the "Area") and adopting the Northeast Neighborhood Design Guidelines as an amendment to the Northeast Neighborhood Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the adoption of the Northeast Neighborhood Design Guidelines as an amendment to the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Corrunission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on September 15, 2009, adopted and approved its Resolution No. 203-09, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order, which determined that the Declaratory Resolution conforms to the plan of development for the City, which Order is attached hereto, is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 12th day of October, 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: ~~ ~~- ~~ ~..~~~.- ~ ~. Member of the Common Council Attest: City Clerk ~t`z '~d[3 FL''i:~s .%, ~_.~ 'I~ivi:i3 ~~SW ~tf~ ~Git3~t ~ ,~..~s ~ ...~ ,_. p;;r$TiTED DoT ~F~t~ovcc ~~I~~ ~~ ~ ~~'s ~°b':~ ~iitCt~ ~~ y~~~~~ Vv't`~,.FifC ~~t?OPT~k~ Exhibit A (Declaratory Resolution of the Redevelopment Commission) RESOLUTION N0.259~ A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST NEIGHBORHOOD DESIGN GUIDELINES WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the goven~ing body of the City of South Bend Department of Redevelopment (the "Department"), on November 17, 2003, adopted Resolution No. 2016 declaring the Northeast Neighborhood Development Area in the City of South Bend, Indiana (the "City"} to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at, Indiana Code § 36-7-14-1 et seq (the "Act"); and WHEREAS, Resolution No. 2016, and the Northeast Neighborhood Development Area Development Plan (the "Development Plan") adopted by Resolution No. 2016 on November 17, 2003, were confu~med by Resolution No. 2021, adopted on December 19, 2003; and WHEREAS, the Development Plan provides that "[i]n order to achieve high quality design, construction, rehabilitation and site development, a more detailed design/development review process will ultimately be established for the Development Area" and that "Design Review Guidelines for the Northeast Neighborhood, or parts thereof, will be put forward after an early phase of Plan implementation" (Sec. VIl}; and WHEREAS, pursuant to the Act and the Development Plan, the Department has conducted surveys and investigations and has thoroughly studied the Northeast Neighborhood Development Area; and WHEREAS, it is necessary to amend the Development Plan by adopting the Northeast Neighborhood Design Guidelines set forth in Exhibit A (the "Design Guidelines") and by adding the Design Guidelines to the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the Design Guidelines; and ' WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the addition of the Design Guidelines; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City. . NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to adopt the Northeast Neighborhood Design Guidelines, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accorriplishmerit of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; c) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 5. The maps and plats of the South. Bend Central Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 6. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the mimrtes of this meeting. 7. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 ofthe Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 8. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 9. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 10. All other findings, determinations and conclusions in Resolution No. 2016, as amended, shall remain as stated therein. 11. The United States of America is hereby assured of full compliance by the South Bend Redevelopment .Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act' of 1964, as amended. ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on August 21, 2009, at. 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BET\TD, D-EPARTMENT OF EVELOPMENT Signature 1 Marcia I. Jones President Prince Name mrd Tit e South Bend Redevelopment Commission ATTEST: Signature Nancy N. King, Secretary Prin(ed Name rrnd Title South Bend Redevelopment Commission EXHIBIT A TO RESOLUTION N0.2595 AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN (Northeast Neighborhood Design Ga~idelines) Exhibit B (Plan Commission OrdeN) RESOLUTION N0.203-09 RESOLUTION OF THE ST. JOSEPH COUNT' AREA PLAN COlO~IMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST NEIGHBORHOOD DESIGN GUIDELINES WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is the governing body of the South Bend Department of Redevelopment (the "Department"): and WHEREAS, on August 26, 2009, the Commission approved and adopted its Resolution No. 2598 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST NEIGHBORHOOD DESIGN GUIDELINES" (the "Declaratory Resolution"); and WHEREAS, the Declaratory Resolution amends the Northeast Neighborhood Development Area Plan (the "Plan") for the Northeast Neighborhood Development Area (the "Area"), adopts the Northeast Neighborhood Design Guidelines for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to Commission Resolution No. 2598) (the "Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and the Plan Amendment are in all respects approved, ratified and confirmed. ;. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resohtion to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 15th day of September, 2009. ST. JOSEPH COUNTY AREA PLAN COMMISSION ~~" `Vice-President ATTEST: etary -2- ,~',~,ass~on.~~R ~,~1 i ~fi . U H ~ , ~: ~R. o ~ ~~ ~ ft ~ s.~; ~. ., ..c~~ C)~ Y` :;~: ~ r ~y~ s~~ O >; ; '~z r~o, Ya JAMES D. MARKLE, R.A. Design/Plan Review Specialist September 28, 2009 ST. JOSEPH COUNTY/SOUTH BEItiTD BUILDING DEPARTMENT The Honorable Derek Dieter South Bend Common Council 455 County-City Bldg. South Bend, Indiana 46601 RE: Proposed Ordinance Dear Mr. Dieter: 125 S. LAFAYETTE BLVD. SUITE 100 SOUTH BEND, IN 46601 (574) 235-9554 TDD 574-235-5567 FAx 574-235-5541 CHARLES C. BULOT BUILDING COMMISSIONER MARKA. LYONS Asst. Zoning Administrator ~`~ II I~~-R~ ~9 After extensive research and meetings, it has been determined that the low voltage regulations now in effect is no longer necessary. New technology has now eliminated the need of penetrating wall for cables. If you have any questions regarding this ordinance, please feel free to contact me. Sincerely, Charles C. Bulot Building Commissioner CCB/rkn OC± - i %~09 i~i~ . ~~~ BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DELETING SECTIONS 6-26 THROUGH 6-26.4 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MiJNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS. STATEMENT OF PURPOSE AND INTENT On February 9, 2009, the South Bend Common Council passed Ordinance #9902-09 which, among other things, regulated low voltage contractors by requiring registration and setting fees to be charged by the Building Department (Section VI of Ordinance #9902-09). After performing a detailed review and investigation of changes in technology, it has been determined that Sections 6-26 through 6-26.4 of Chapter 6, Article 6 of the South Bend Municipal Code are no longer needed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 6, Article 6, Sections 6-26 through 6-26.4 of the South Bend Municipal Code shall be deleted in their entirety. SECTION II. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: City Clerk b4ri~~e.l ~yKJf~ ~ ~ k~ca ~ ti~[.~ ~ %y w'~ 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 FiI~~I I~ ~,€~~It'~ ~~;Ir~ CCj - ? ~OC9 CITY CLcw.{, ~(?. _`}i~, !N. 1 st RE~DiitiG ~` ~- l L _v RU~Li~ t'EAR[I~C i \, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FURTHER AMENDING ORDINANCE NO. 9672-06 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND INSTALLATION OF CERTAIN IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRICT OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" The Common Council (the "Common Council") of the City of South Bend, Indiana (the "City" j, has previously adopted Ordinance No. 9672-06 on April 10, 2006 (the "Original Ordinance"), authorizing the issuance of multiple series of sewage works revenue bonds by the City in an aggregate principal amount not to exceed Fifty-six Million Three Hundred Eighty Thousand and 00/100 Dollars ($56,380,000.00), which Original Ordinance was amended by the Common Council witch the adoption of Ordinance No. 9767-07 on June 25, 2007 (the "Amending Ordinance" and with the Original Ordinance, the "Bond Ordinance"). The City has previously issued pursuant to the Bond Ordinance its (i) Sewage Works Revenue Bonds of 2006 on June 6, 2006, in the aggregate principal amount of Seven Million Six Hundred Thirty Thousand and 00/100 Dollars ($7,630,000.00); (ii) Sewage Works Revenue Bonds of 2007 on June 20, 2007, in the aggregate principal amount of Sixteen Million Six Hundred Thousand and 00/100 Dollars ($16,600,000.00); and (iii) Sewage Works Revenue Bonds of 2007 B on December 27, 2007, in the.aggregate principal amount of Sixteen Million Five Hundred Fifteen Thousand and 00/100 Dollars ($16,515,000.00). The City expects to sell one (1) additional series of sewage works revenue bonds pursuant to the Bond Ordinance in an aggregate principal amount not to exceed Fifteen Million Six Hundred Thirty-five Thousand and 00/100 Dollars ($15,635,000.00). In order to provide for an alternative sale method to achieve greater interest savings on such series of bonds, the Common Council desires to amend the Bond Ordinance to include certain additional provisions to authorize the sale of such series of sewage works revenue bonds to the Indiana Bond Bank (the "Bond Bank"), pursuant to the provisions of Indiana Code 5-1.5, or the Indiana Finance Authority (the "Authority"), pursuant to the provisions of Indiana Code 4-4-11 and Indiana Code 13-18-13. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: BDDBOI 58634~Sv1~ Section 1. The section of the Bond Ordinance labeled Section III. The Bonds is hereby amended to read as follows: Section III. The Bonds. In accordance with the Act and for the purpose of providing funds with which to pay the costs of the Project, together with all authorized costs relating thereto including the costs of issuance of the Bonds, as hereinafter defined, on account thereof, the City shall issue and sell its sewage works revenue bonds in the aggregate principal amount not to exceed Fifty-six Million Three Hundred Eighty Thousand and 00/100 Dollars ($56,380,000.00). The principal of, redemption premium, if any, and interest on the B onds shall be payable, on a parity basis with the Prior Bonds, solely out of the Sewage Works Sinking Fund referred to below. The Bonds shall be issued in one (1) or more series designated as the "City of South Bend, Indiana, Sewage Works Revenue Bonds of 200_" (with the blank to be filled in with the year in which each series of bonds are issued, with a letter designation in the event two (2) series of bonds are issued in the same calendar year) (the "Bonds"). The Bonds shall be issued as fully registered bonds in denomination or denominations of Five Thousand Dollars ($5,000) and any integral multiples thereof not exceeding the aggregate principal amount of such Bonds maturing in any one (1) year, or in the event that the Bonds are sold to the Indiana Bond Bank (the "Bond Bank") or to the Indiana Finance Authority (the "Authority") pursuant to Section VIII of this Ordinance, shall be in multiples of One Dollar ($1). The. Bonds shall be numbered consecutively from 200_R-1 (with the blank to be filled in with the year in which each series of bonds are issued, with a letter designation in the event two (2) series of bonds are issued in the same calendar year) upward and shall bear interest at a rate not exceeding eight percent (8.0°Io) per annum (or at the rate provided in the Purchase Agreement (as hereinafter defined) with respect to any series of the Bonds that are sold to the Bank, or as provided in the Financial Assistance Agreement with respect to any series of the Bonds that are sold to the Authority), the exact rate or rates to be determined by bidding or by negotiation with the Bond Bank or the Authority. If determined by public bidding, said interest rate or rates shall be in multiples of one-eighth (1/8) or one-twentieth (1/20) of one percent (1%); otherwise, said interest rate or rates shall be in multiples of one- hundredth (1/100) of one percent (1%). All Bonds of a series maturing on the same date shall bear the same rate of interest, and the interest rate on Bonds of a series of a given maturity must be at least as great as the interest rate on Bonds of any earlier maturity. Interest on each series of the Bonds shall be calculated on the basis of twelve (12) thirty (30)-day months for a three hundred and sixty (360)-day year and shall be payable semiannually on December 1 and June 1 in each year (each an "Interest Payment Date"), commencing on the first December 1 or June 1, following the .original date of the B onds as determined by the Controller, with the advice of the City's financial advisor and asset forth in the Issuer's Certificate (defined herein) and in the notice of intent to sell bonds for each series of the Bonds until principal is fully paid, or as set forth in the Financial Assistance Agreement to be entered into between -2- BDDBOI 5863445v1 the City and the Authority (the "Financial Assistance Agreement"). The principal of each series of the Bonds shall mature serially and annually on December 1 of each year, over a period ending no later than twenty-two (22} years from the date of issuance of each series of the Bonds, and in the years and amounts to be determined by the Controller with the advice of the City's financial advisor prior to the publication of the notice to intent to sell bonds referred to herein and set forth in the Issuer's Certificate with respect to each series of Bonds; except as otherwise provided in the Financial Assistance Agreement if the Bonds are sold to the Authority, and in the :years and amounts to be determined by negotiation with the Bond Bank or the Authority. The Bonds shall bear an original issue date which shall be the date of issuance of the Bonds or the first day of the month in which the Bonds are delivered, as determined by the Controller and set forth in the Issuer's Certificate for each series of Bonds (unless otherwise provided in the Purchase Agreement in the event the Bonds are sold to the Bond Bank or unless otherwise provided in the Financial Assistance Agreement in the event such series of the Bonds is sold to the Authority), and each Bond shall also bear the date of its authentication. Any Bond authenticated on or before the fifteenth (15th) day of the calendar month immediately preceding the first Interest Payment Date, shall pay interest from its original issue date. Any Bond authenticated thereafter shall pay interest from the Interest Payment Date next preceding the date of authentication of such Bond to which interest thereon has been pai~j or duly provided for, unless such Bond is authenticated after the day which is fifteen (15) days prior to the Interest Payment Date and on or before such Interest Payment Date, in which case interest thereon shall be paid from such Interest Payment Date. In the event that the Bonds are sold to the Authority or any other purchaser who so agrees pursuant to Section VIII of this Ordinance, it is understood that principal shall not be payable and interest shall not accrue on the Bonds until such principal amount has been advanced pursuant to requests made by the City to the Authority or to any such other purchaser, with advances to be allocable to the Bonds in order of maturity. If the Bonds are sold to the Authority, to the extent that (a) the total principal amount of the Bonds is not paid by the purchaser or drawn down by the City or (b) proceeds remain in the Construction Account established under Section X of this Ordinance and are not applied to the Project (or any modifications or additions thereto approved by the Department and the Authority for that portion or portions of the Froject funded in whole or in part by Bonds sold to the Authority), the City shall reduce the principal amount of the Bonds' maturities to effect such reduction in a manner that will still achieve as level an annual debt sen~ice as practicable as described in this Section III subject to and upon the terms forth in the Financial Assistance Agreement. The Controller is hereby authorized to appoint a registrar and a paying agent for each series of the Bonds (the "Registrar" and the "Paying Agent" and, in both such capacities, the "Registrar and Paying Agent"). The Registrar and Paying -3- BDDBOI 5863495v1 Agent shall be charged with and shall by appropriate agreement undertake the performance of all of the duties and responsibilities customarily associated with each such position, including without limitation the authentication of the Bonds. The Controller is authorized and directed to enter into such agreements and understandings with the Registrar and Paying Agent and any subsequent Registrar and. Paying Agent as will enable and facilitate the performance of its duties and responsibilities, and is authorized and directed to pay such fees as the Registrar and Paying Agent may reasonably charge for its services in such capacity, and such fees ma;' be paid from the Sewage Works Sinking Fund continued by this Ordinance. If the Bonds or BANs are registered in the name of the Authority, the Bond Bank or any other purchaser that does not object to such designation, the Controller shall be designated as the Registrar and Paying Agent and shall be charged with the performance of all of the duties and responsibilities of Registrar and Paying Agent. The Registrar and Paying Agent may at any time resign as Registrar acid Paying Agent upon giving thirty (30) days' notice in writing to the City and by first-class mail to each registered owner of the Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the City. Any such notice to the City may be served personally or sent by certified mail. The Registrar and Paying Agent may also be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to registered owners of the Bonds shall be deemed to be given when mailed by first-class mail to the addresses of such registered owners as they appear on the registration books kept by the Registrar. Any predecessor Registrar and Paying Agent shall deliver all of the Bonds and cash in its possession with respect thereto, together with the registration books, to the successor Registrar and Paying Agent. The Controller is hereby authorized to act on behalf of the City with regard to any of the aforementioned actions of the City relating to the resignation or removal of the Registrar and Paying Agent and appointment of a successor Registrar and Paying Agent. If the Bonds are sold by public bidding, the Bonds shall, in compliance with all applicable laws, be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"). The City and the Registrar and Paying Agent may; in connection therewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the Bonds, as are necessary or appropriate to accomplish or recognize such book-entry form Bonds. During any time that the Bonds are held in book-entry form on the books of a Clearing Agency (1) any such Bond may be registered upon the books BDDBOI 5863495v1 -4- kept by the Registrar and Paying Agent in the name of such Clearing Agency, or any nominee thereof, including CEDE & Co., as nominee of The Depository Trust Company; (2) the Clearing Agency in whose name such Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such Bond for all purposes of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest on such Bond, the receiving of notice, and the giving of consent; (3) neither the City nor the Registrar and Paying Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any Bond, including, without limitation, ally responsibility or obligation hereunder to maintain accurate records of any interest in any Bond or any responsibility or obligation hereunder with respect to the receiving of payment of principal, premium, if any, or interest on any Bond, the receiving of notice. or the giving of consent; (4) the Clearing Agency is not required to present any Bond called for partial redemption prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption; and (5) payment of the principal of and interest on the Bonds maybe made by wire transfer or other method acceptable to the Clearing Agency. If either (i) the City receives notice from the Clearing Agency which is currently the registered owner of the Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the Bonds or (ii) the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the Bonds, then the City and the Registrar and Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the Bonds and to transfer the ownership of each of the Bonds to such person or persons, including any other Clearing Agency, as the holder of the Bonds may direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the Bonds, shall be paid by the City. During any time that the Bonds are held in book-entry form on the books of a Clearing Agency, the Registrar and Paying Agent shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any participant or indirect participant with respect to the identity of any beneficial owners of the Bonds as of a record date selected by the Registrar and Paying Agent. For purposes of determining whether the consent, advice, direction or demand of a Registered Owner of the Bonds has been obtained, the Registrar and Paying Agent shall be entitled to treat the beneficial owners of the Bonds as the holders of the Bonds. -5- BDDBOI 5863445v1' During any time that the Bonds are held in book-entry form on the books of a Clearing Agency, the Controller or the Mayor is each authorized to enter into a Blanket Letter of Representations agreement with the Clearing Agency, and the provisions of any such Letter of Representations or any successor agreement shall control on the matters set forth herein. Principal of and any redemption premium on the Bonds shall be payable at the principal corporate trust office of the Paying Agent. Interest on the Bords shall be paid by check or draft mailed or delivered by the Paying Agent to the registered owner thereof at the address as it appears on the registration books kept by the Registrar as of the fifteenth (15th) day of the month immediately preceding the Interest Payment Date or at such other address as may be provided to the Paying Agent in writing by such registered owner. So long as the Clearing Agency or its nominee is the registered owner of the Bonds, interest on, together with the principal of and any redemption premium on, the Bonds will be paid directly to the Clearing Agency by wire transfer in same day funds by the Registrar and Paying Agent. Notwithstandingthe foregoing, principal of and interest on the Bonds, if registered in the name of the Authority or the Bond Bank, shall be paid by wire transfer to a financial institution if and as directed by the Authority or Bond Bank, as the case may be, on the due date of such payment or, if such date is a day when financial institutions are not open for business, on the business day immediately preceding such due date. So long as the Authority or the Bond Bank is the registered owner of the Bonds, the Bonds shall be presented for payment as directed by the Authority or the Bond Bank, as applicable. All payments on the Bonds shall be made in any coin or currency of the United States of America which, on the dates of such payments, shall be legal tender for the payment of public or private debt. Each Bond shall be transferable or exchangeable only on the books of the City maintained for such purpose at the principal corporate trust office of the Registrar, by the registered owner thereof in person, or by his or her attorney duly authorized in writing, upon surrender of such Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or his or her attorney duly authorized in writing, and thereupon a new• fully registered Bond or Bonds in the same aggregate principal amount and of the same maturity shall be executed and delivered in the name of the transferee or transferees or the registered owner, as the case maybe, in exchange therefor. Each Bond maybe transferred or exchanged without cost to the registered owner, except for any tax or other governmental charge which may be required to be paid with respect to such transfer or exchange. The Registrar shall not be obligated to make any transfer or exchange of any Bond (i) during the fifteen (15) days immediately preceding an Interest Payment Date or (ii) after the mailing of notice calling such Bond for redemption. The City, the Registrar and the Paying Agent may treat and consider the person in whose name any Bond is registered as the absolute owner thereof for all purposes including the purpose of receiving payment of, or on account of, the principal thereof, and redemption premium, if any, and interest thereon. -6- BDDB0158634)Sv] ' In the event any Bond is mutilated, lost, stolen or destroyed, the City may cause to be executed and the Registrar may authenticate a new Bond of like date, maturity, series and denomination as the mutilated, lost, stolen or destroyed Bond, which new Bond shall be marked in a manner to distinguish it from the Bond for which it was issued; provided, that in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed Bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event that any such mutilated, lost, stolen or destroyed Bond shall have matured or been called for redemption, instead of causing to be issued a duplicate Bond, the Registrar and Paying Agent may pay the same upon surrender of the mutilated Bond or upon satisfactory indemnity and proof of loss, theft or destruction in the case of a lost, stolen or destroyed Bond. The City and the Registrar and Paying Agent may charge the owner of any such Bond with their reasonable fees and expenses in connection with the above. Every substitute Bond issued by reason of any Bond being lost, stolen or destroyed shall, with respect to such. Bond, constitute a substitute contractual obligation of the City pursuant to this Ordinance, whether or not the lost, stolen or destroyed Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other Bonds duly issued hereunder. In the event that any Bond is not presented for payment or redemption on the date established therefor, the City may deposit in trust with the Paying Agent an amount sufficient to pay such Bond or the redemption price thereof, as appropriate, and thereafter the owner of such Bond shall look only to the funds so deposited in trust with the Paying Agent for payment and the City shall have no further obligation or liability with respect thereto. Section 2. Subsection (a) of the section of the Bond Ordinance labeled Section IV. Redemption of Bonds is hereby amended to read as follows: (a) Optional Redemption. Each series of the Bonds shall be sub;ect to redemption at the option of the City, in whole or in part, upon thirty (30) days written notice, to the registered owner or owners of Bonds to be redeemed, on any December 1 not earlier than ten (10) years from the original date of each series of the Bonds, at a redemption price and in amounts and maturities and in order of maturities determined by the Mayor and the Clerk upon the advice of the City's financial advisor as set forth in a certificate of the City to be executed and attested by the Mayor and the Clerk, respectively, prior to the sale of each series of the Bonds (the "Issuer's Certificate"). Official notice of such redemption shall be mailed by the Registrar and Paying Agent by certified or registered mail at least thirty (30) days and not more than~forty-five (45) days (if the Bonds are sold to the Authority or to the Bond Bank, at least 60 days and not more than 90 days) prior to the scheduled redemption date to each'of the registered owners of the Bonds called for redemption (unless waived by -7- BDDBOI 5863495v1 any such registered owner) at the address shown on the registration books of the Registrar and Paying Agent, or at such other address as is furnished in writing by such registered owner to the Registrar; provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any Bond shall not affect the validity of the proceedings for the redemption of any other Bonds. The notice shall specify the redemption price, the date and place of redemption, and the registration numbers (and, in case of partial redemption, the respective principal amounts) of the Bonds called for redemption. The place of redemption may be at the principal corporate trust office of the Registrar and Paying Agent or as otherwise determined by the City. Interest on the Bonds (or portions thereof) so called for redemption shall cease to accrue on the redemption date fixed in such notice, if sufficient funds are available at the place of redemption to pay the redemption price on the redemption date and when such Bonds (or portions thereof) are presented for payment. Any Bond redeemed in part may be exchanged for a Bond or Bonds of the same maturity in authorized denominations equal to the remaining principal amount thereof. In addition to the foregoing notice, the City may also direct that further notice of redemption of each series of the Bonds be given, including without limitation and at the option of the City, notice described in paragraph (i) below given by the Registrar and Paying Agent to the parties described in paragraphs (ii) and (iii) below. No defect in any such further notice and no failure to give all or any portion of any such further notice shall in any manner defeat the effectiveness of any call for redemption of Bonds so long as notice thereof is mailed as prescribed above. (i) If so directed by the City, each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. (ii) If so directed- by the City, each further notice of redemption shall be sent at least thirty-five (35) days before the redemption date by registered or certified mail or overnight delivery service to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being The Depository Trust Company of New York, New York) and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such as Financial Information, Inc.'s Financial Daily Called Bond Service, Kenny Information Service's Called Bond Service, Moody's Municipal and Government News Reports and Standard & Poor's Called Bond Record). (iii) If so directed by the City, each such further notice shall be published one time in The Bond Buyer of New York, New York or, if the -8- BDDBOI 58634^Svl Registrar believes such publication is impractical or unlikely to reach a substantial number of the holders of the Bonds, in some other financial newspaper or journal which regularly carries notices of redemption of other obligations similar to the Bonds, such publication to be made at least sixty (60) days prior to the date fixed for redemption. Upon the payment of the redemption price of the Bonds (or portions thereof) being redeemed and if so directed by the City, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds (or portions thereof) being redeemed with the proceeds of such check or other transfer. Section 3. Subsection (a) of the section of the Bond Ordinance labeled Section VIII. Issuance, Sale and Delivery of the Bonds is amended to read as follows: (a) Generally. The Controller is hereby authorized and directed to have the Bonds prepared, and the Mayor, the Controller and the Clerk are each hereby authorized and directed to execute, and attest as appropriate, the Bonds in the form and manner herein provided. The Controller is hereby authorized and directed to deliver the Bonds to the purchaser or purchasers thereof after sale made and in accordance with the provisions of the Act and this Ordinance, provided that at the time of said delivery the Controller shall collect the full amount which the purchaser or purchasers have agreed to pay therefor, which shall be not less than ninety-eight percent (98%) of the par amount of the series of the Bonds being sold (or such higher percentage of the par value of such series of the Bonds as the Controller, with the advice of the financial advisor of the City, shall determine) plus accrued interest thereon to the date of delivery, if any. The City may receive payment for the Bonds in installments. The proceeds derived from the sale of the Bonds shall be and are hereby set aside for application to the costs of the Project, and including all authorized costs relating thereto, including the costs of issuance of the Bonds. The authorized officers of the City are hereby authorized and directed to draw all proper and necessary warrants and to do whatever other acts and things that may be necessary or appropriate to carry out the provisions of this Ordinance. Section 4. The section of the Bond Ordinance labeled Section VIII. Issuance, Sale and Delivery of the Bonds shall be amended to include new subsections (d) and (e) as follows: (d) Sale to the Il-ldiana Bond Bank. The Bonds may, in the discretion of the Controller, be sold to the Bond Bank. In the event of such determination, Bonds shall be sold to the Bond Bank at a price not less than 97.5% of the nar value of the Bonds or such higher percentage of the par value of the Bonds as ma;i be set forth in the Purchase Agreement (defined herein) and in such denomination or denominations as the Bond Bank may request and pursuant to a purchase agreement (the "Purchase Agreement") between the City and the Bond Bank, hereby authorized to be entered into and executed by the Mayor on behalf of the City, and attested by the Clerk, subsequent to the date of the adoption of this -9- BDDBOI 5863495v1 Ordinance. Such Purchase Agreement may set forth the definitive terms and conditions for such sale, but all of such terms and conditions must be consistent with the terms and conditions of this Ordinance, including without limitation, the interest rate or rates on the Bonds which shall not exceed the maximum rate of interest for the Bonds authorized pursuant to this Ordinance. Bonds sold to the Bond Bank shall be accompanied by all documentation required by the Bond Bank pursuant to the provisions of Indiana Code 5-1.5 and the Purchase Agreement, including, without limitation, an approving opinion of nationally recognized bond counsel, certification and guarantee of signatures and certification as to no litigation pending, as of the date of delivery of the Bonds to the Bond Bank, challenging the validity or issuance of the Bonds. In the event the Controller determines to sell the Bonds to the Bond Bank, the submission of an application to the Bond Bank and the entry by the City into the Purchase Agreement and the execution of the Purchase Agreement on behalf of the City by the Mayor in accordance with this Ordinance are hereby authorized approved and ratified. (e) Sale to the Authority. The Bonds may, in the discretion of the Controller, based upon the advice of the Financial Advisor, be sold to the Authority. The Board is hereby authorized to submit an application to the wastewater SRF loan program (the "SRF Program") under Indiana Code 4-4-11 and Indiana Code 13-18- 13. As a part of said program, the Financial Assistance Agreement for the Bonds and the Project shall be executed by the City and the Authority. The substantially final forrr~ of Financial Assistance Agreement attached as Appendix B hereto and incorporated herein as if set forth in this place is hereby approved by the Common Council, and the Mayor and the Clerk are hereby authorized to execute the same on behalf of the City; and to approve any changes inform or substance to the Financial Assistance Agreement, such approval to be conclusively evidenced by its execution. The Financial Assistance Agreement may set forth the definitive terms and conditions for such sale including the purchase price and interest rate, but all of such terns and conditions must be consistent with the terms and conditions of this Ordinance, including, without limitation, the interest rates on the Bonds which shall not exceed the maximum rate of interest for the Bonds authorized pursuant to this Ordinance. Bonds sold to the Authority shall be accompanied by all documentation required by the Authority pursuant to Indiana Code 4-4-11 and Indiana Code 13-18- 13, and the Financial Assistance Agreement, including, without limitation, an approving opinion of a nationally recognized bond counsel, certification and guarantee of signatures and certification as to no litigation pending, as of the date of delivery of the Bonds to the Authority, challenging the validity or issuance of the Bonds. In the event the Controller determines to sell the Bonds to the Authority, the entry by the City into the Financial Assistance Agreement and the execution of the Financial Assistance Agreement by the Mayor, and, if required, the entry by the City into a purchase agreement or any other agreement with the Authority and the execution thereof by the Mayor, in accordance with this Ordinance are hereby authorized, approved and ratified. -10- BDDB01. 58634~~Sv1 Notwithstanding anything contained herein, the City may accept any other forms of financial assistance, as and if available, from the SRF Program (including without limitation (1) any forgivable, loans, grants or other assistance whether available as an alternative to any Bond related provision otherwise provided for Herein or as a supplement or addition thereto and (2) one or more series or combination of series of Bonds). If required by the SRF Program to be eligible for such financial assistance, one or more of the series of the Bonds issued hereunder maybe issued on a basis such that the payment of the principal of or interest on (or both) such series of Bonds is junior and subordinate to the payment of the principal of and interest on other series of Bonds issued hereunder (and/or any other revenue bonds secured by a pledge of Net Revenues, whether now outstanding or hereafter issued), all as provided by the terms of such series of Bonds as modified pursuant to this authorization. Such financial assistance, if any, shall be as provided in the Financial Assistance Agreement and the Bonds of each series of Bonds issued hereunder (including any modification made pursuant to the authorization in this paragraph to the form of Bond otherwise contained herein). Section 5. The section of the Bond Ordinance labeled Section IX. Disposition of Proceeds of the Bonds; City ~f South Bend Sewage Works Construction Account shall be amended to read as follows: Section IX. Disposition of Proceeds of the Bonds• City of South Bend Sewage Works Construction Account. The proceeds from the sale of each series of the Bonds shall be deposited and applied as follows: (a) The accrued interest and any premium received at the time of deliiery of the Bonds or any unused discount shall be deposited in the Sewage Works Sinking Fund continued by this Ordinance. (bl The remaining proceeds from the sale of the Bonds shall be deposited in a bank or banks which are legally qualified depositories for the funds of the'City, in the special account to be designated as City of South Bend, 200_ Sewage Works Construction Account" (with the blank to be filled in with the year in which the particular series of Bonds are being sold) (the "Construction Account"). Amounts in the Construction Account shall be expended only for the purpose of paying the costs of the Project, as described in the Ordinance and in the Act, together with all authorized costs relating thereto, including the costs of issuance of the Bonds, and as otherwise permitted or required by the Act. Any balance or balances remaining unexpended in the Construction Account after completion of the Project, which are not required to meet unpaid obligations incurred in connection with the acquisition and installation of the Project, shall be used solely for one or more of the purposes permitted under the provisions of Indiana Code 5-1-13, as amended, or be applied upon the terms set forth in the Financial Assistance Agreement. Pursuant to the Act, the owners of each series of the Bonds shall be entitled to a lien on the proceeds of the respective series of the Bonds until such proceeds are applied as required by this Ordinance and by Indiana law. -11- BDDB01 5863495v1 (c) If the Bonds are sold to the Authority, to the extent that (a) the total principal amount of the Bonds is not paid by the purchaser or drawn down by the pity or (b) proceeds remain in the Construction Account and are not applied to the Project (or any modifications or additions thereto approved by the Department and. the Authority), the City shall reduce the principal amount of the Bonds' maturities to effect such reduction in a manner that will still achieve as level an annual debt service as practicable as described in Section III of this Ordinance subject to and upon the terms forth in the Financial Assistance Agreement. Section 6. Subsection (b) of the section of the Bond Ordinance labeled Section XI. Sewage Works Sinking Fund is hereby amended and restated in its entirety and a new subsection (c) shall be added to said Section XI as follows: (b) Debt Service Reserve Account. On the first day of each calendar month, after making the credits to the B and and Interest Account, there shall be credited from available net revenues to the Debt Service Reserve Account an amount not less than an amount which will produce, in equal monthly installments over a sixty (60) month period, an amount equal to the least of (i) maximum annual debt service on all bonds payable from the net revenues of the Sewage Works, (ii) 125% of the average annual principal and interest payable on all bonds payable from the net revenues of the Sewage Works, or (iii) ten percent (10%) of the proceeds of all bonds payable from the net revenues of the Sewage Works, plus a minor portion thereof as defined in the Internal Revenue Code of 1986, as amended (the ~~ "Code") (the "Debt Service Reserve Requirement ). Said credits to the Debt Service Reserve Account shall continue until the balance therein shall equal the Debt Service Reserve Requirement. The Debt Service Reserve Account shall constitute the margin for safety as a protection against default in the payment of principal of and interest on the bonds, and the moneys in the Debt Service Reserve Account shall be used to pay current principal and interest on the bonds to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. In the event moneys in the Debt Service Reserve Account are transferred to the Bond and Interest Account to pay principal and interest on bonds, then such depletion of the balance in the Debt Service Reserve Account shall be made up from the next available net revenues after the credits into the Bond and Interest Account hereinbefore provided for. Any moneys in the Debt Service Reserve Account in excess of the Debt Service Reserve Requirement shall be transferred to the Sewage Works Improvement Fund, and in no event shall such excess moneys be held in the Debt Service Reserve Account. In the event the Bonds are sold to the Authority, notwithstanding the foregoing, the Reserve Requirement shall be the combined maximum annual debt service on the Bonds, any Prior Bonds payable from the Reserve Account, and any parity bonds hereafter issued: In such event, on each December 2 subsequent to the delivery of the Bonds, beginning with the December 2 immediately succeeding completion of the Project, the Controller shall decrease, if necessary, the amount on deposit in the Reserve Account so that the remaining amount on deposit equals the Reserve Requirement, provided that the City shall provide to the Authority fifteen -12- BDDBOI 5863495v1 (15} days prior written notice of any such intended transfer from the Reserve Account. In the event additional bonds payable from the Net Revenues of the Sewage Works are hereafter issued on a parity with the Bonds, the Reserve Requirement shall be proportionately increased to equal maximum annual debt service on the Bonds, any Prior Bonds payable from the Reserve Account, and all bonds hereafter issued on a parity therewith; provided, that, if nationally recognized bond .counsel is unable to provide an opinion that interest on such proposed additional parity bonds is excludable from gross income for federal income tax purposes as a result of the determination of the Reserve Requirement in the manner provided in this paragraph, then the City may, in order to allow such opinion to be issued, establish a separate reasonably required reserve fund that secures only the proposed parity bonds and shall expressly provide in the authorizing ordinance for such proposed parity bonds that the moneys deposited in the Reserve Account hereby as a margin of safety for the payment of principal of and interest on the Bonds do not sec~.~.re such proposed parity bonds. The City may at any time and from time to time fund all or any part of the Reserve Account by depositing in the Reserve Account one or more debt service reserve surety bonds or insurance policies (each, a Reserve Account Credit Instillment"), each of which is issued by an insurance company rated at the time of deposit in the highest rating category by Standard & Poor's Corporation and Moody's Investors Service. As long as any Reserve Account Credit Instrument is in full force and effect, any valuation of the Reserve Account shall treat the maximum amount available under such Reserve Account Credit Instrument as its value. If the Reserve Account Credit Instrument is provided subsequent to the initial cash contribution to the .Reserve Fund, and the Bonds are purchased by the Authority, notice of the purchase of the Reserve Account Credit Instrument shall be given to the Authority. Prior to applying any funds held in any debt service reserve accounts securing any obligations payable out of the revenues of the sewage works of the City to the payment of such obligation, the City shall cause all funds held in the Sewage Works Sinking Fund (or any like fund or account from which debt service has been structured to be paid) to be applied in full before any such reserve accounts are so applied. (c) Depositor~A>;reements. The Sinking Fund, containing the Bond and Interest Account and the Reserve Account, and/or the Construction Account may be held by a financial institution acceptable to the Authority, pursuant to terms acceptable to the Authority. If the Sinking Fund and the accounts therein are held in trust, the City shall transfer the monthly required amounts of Net Revenues to the Bond and Interest Account and the Reserve Account, and the financial institution holding such funds in trust shall be instructed to pay the required payments in accordance with the payment schedules for the City's outstanding bonds. The Common Council hereby authorizes the Mayor and Controller to execute and deliver an agreement with a financial institution to reflect this trust arrangement for the Sinlting Fund and/or the Construction Account. -13- BDDBOl 5363495v1 Section 7. The section of the Bond Ordinance labeled Section XIII. Books of Record and Accounts shall be amended and restated as follows: Section XIII. Books of Record and Accounts. The City shall keep proper books of record and accounts, separate from all of its other records and accbunts, in which completed and correct entries shall be made showing all revenues collected from said works and deposited in said funds, and all disbursements made therefrom on account of the operation of the works, and to meet the requirements of the Sewage Works Sinking Fund, and all other financial transactions relating to said works, including the amounts set aside or credited to the Sinking Fund, the Sewage Works Operation and Maintenance Fund and the Sewage Works Replacement Fund, and the cash balances in each of said funds and accounts described herein as of the close of the preceding fiscal year. There shall be prepared and furnished to the original purchaser or purchasers of the Bonds, and, upon written request, to any owner of the Bonds at the time then outstanding, not more than one hundred twenty (12~~) .days after the close of each fiscal year, complete financial statements of the works, covering the preceding fiscal year, which annual statements shall be certified by the Controller, or by licensed independent public accountants employed for that purpose. Copies of all such statements and reports shall be kept on file in the office of tl~e Controller. Any owner or owners of the Bonds then outstanding shall have the right at all reasonable times to inspect the works and all records, accounts and data of the City relating thereto. Such inspections may be made by representatives duly authorized by written instrument. If the Bonds are sold to the Bond Bank or the Authority, the City shall establish and maintain the books and other financial records of the Project (including the establishment of a separate account or subaccount for the Project) and the Sewage Works in accordance with (i) generally accepted accounting standards for utilities, on an accrual basis, as promulgated by the Government Accounting Standards Board, and (ii) the rules, regulations, and guidance of the State Board of Accounts. Section 8. The section of the Bond Ordinance labeled Section XIV. Rates and Charges shall be amended to read as follows: ' Section XIV. Rates and Charles. The City covenants and agrees that it will establish and maintain just and equitable rates or charges for the use of and the services rendered by said works, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage works system of the City, or that in any way uses or is served by such sewage works, at a level adequate to produce and maintain sufficient revenue (including user and other charges, fees, income, or revenues available to the City) to provide for the proper Operation and Maintenance (as defined in the Financial Assistance Agreement) of the works, to comply with and satisfy all covenants contained in this Ordinance and the Financial Assistance Agreement, and for the payment of the sums required to be paid into the Sewage Works Sinking Fund by the Act and this Ordinance; and that such rates or charges shall be sufficient in -14- BDDBOI 5863495v1 each year to produce net revenues, as defined in Section XI of this Ordinance, at least equal to 1.25 times the greater of the average annual debt service on the Prior Bonds, the Bonds and all bonds on a parity therewith or the debt service payable during the next succeeding twelve calendar months on the Prior Bonds, the Bonds and all bonds on a parity therewith. For these purposes, the interest rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding calendar year. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to meet the expenses of Operation and Maintenance of the Sewage Works and the requirements of the Sewage Works Sinking Fund. The rates or charges so established shall apply to any and all use of such Sewage Works by and service rendered to the City and all departments thereof and shall be paid no less frequently than semi-annually by the City or the various departments thereof as the charges accrue. Section 9. The section of the Bond Ordinance labeled Section XVII. Additional Covenants of the City shall be amended and restated as follows: Section XVII. Additional Covenants of the City. For the purpose of further safeguarding the interests of the owners of the Bonds herein authorized, it is specifically provided as follows: (a) All contracts let by the City in connection with the construction of said additions and improvements to the Sewage Works shall be let after due advertisement as required by the laws of the State of Indiana, and all contractors shall be required to furnish surety bonds in an amount equal to one hundred percent (100%) of the amount of such contracts, to insure the completion of said contracts in accordance with their terms, and such contractors shall also be required to carry such employers liability and public liability insurance as are required under the laws of the State of Indiana in the case of public contracts, and shall be governed in all respects by the laws of the State of Indiana relating to public contracts. (b) Said additions and improvements shall be constructed under the supervision and subject to the approval of the Consulting Engineers or such other competent engineer as shall be designated by the Board. All estimates for work done or material furnished shall first be checked by the Consulting Engineers and approved by the Board. (c) The City shall at all times maintain its Sewage Works in good condition and operate the same in an efficient manner and at a reasonable cost. (d) So long as any of the Bonds herein authorized are outstanding, the City shall maintain insurance coverage (which must be acceptable to the _ Authority if the Authority owns the Bonds), including fidelity bonds, to protect the "..~__ ~= -15- BDDBOI 5863495v1 sewage works and its operations on the insurable parts of said Sewage Works of a kind and in an amount such as would normally be carried by private companies engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana, provided, however, such insurance requirement may be satisfied, in part or in whole, through the City's self insurance program. In the Bonds are sold to the Authority for participation in the wastewater SRF loan program under Indiana Code 13-18-13, use of the City's self-insurance program to satisfy any of the insurance requirements set forth herein shall be subject to the approval of the Authority. Insurance proceeds and condemnation awards shall be used to replace or repair the property, or, if not used for that purpose, shall be treated and applied as net revenues of the sewage works (provided such is consented to by the Authority if the Authority owns the Bonds). (e) So long as any of the Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber such sewage works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete, without the prior written consent of the Authority if the Bonds are sold to the Authority. (f) If the Bonds are sold to the Authority, the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Sewage Works, other than for normal operating expenditures, without the prior written consent of the Authority if such undertaking would involve, commit, or use the revenues of the Sewage Works. (g) Except as hereinbefore provided in Section XVI hereof, so long as any of the bonds herein. authorized are outstanding, no additional bonds or other obligations pledging any portion of the revenues of said Sewage Works shall be authorized, executed or issued by the City except such as shall be made subordinate and junior in all respects to the bonds herein authorized, unless all of the bonds herein authorized are redeemed, retired or defeased pursuant to Section XV hereof coincidentally with the delivery of such additional.bonds or other obligations. (h) The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with said Sewage Works. (i) The provisions of this Ordinance shall constitute a contract by and between the City and the owners of the sewage works revenue bonds herein authorized, and after the issuance of said bonds, this Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of said bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. -16- BDDBOl 58634>>5v1 (j) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the bonds herein authorized for the uses and purposes herein set forth, and the owners of the bonds shall retain a lien on such respective proceeds until the same are applied in accordance with the provisions of this Ordinance and of the Act. The provisions of this Ordinance shall also be construed to create a trust in the portion of the net revenues herein directed to be set apart and paid into the Sewage Works Sinking Fund for the uses and purposes of said fund as in this Ordinance set forth. The owner of said bonds shall have all of the rights, remedies and privileges set forth in the provisions of the Act, including the right to have a receiver appointed to administer said Sewage Works in the event of default in the payment or the principal of or interest on any of the bonds herein authorized or in the event of default in respect to any of the provisions of this Ordinance or the Act. The Common Council reserves the right, however, to amend this .Ordinance from time to time to preserve the Tax Exemption described in Section XIX hereof without the approval of any owner of the bonds so long as the Common Council certifies that such amendment does not violate subsection (i) of Section XVII; provided, however, that if the Bonds are sold to the Authority, the City shall obtain the prior written consent of the Authority. Section 10. The following shall be added as the last sentence to the section of the Bond Ordinance labeled Section XXI. Supplemental Ordinances: Notwithstanding anything in this Section XXI of this Ordinance, as to any series of Bonds sold to the Authority pursuant to Section VIII of this Ordinance, no supplemental ordinance shall be adopted unless consented to in writing by the Authority. Section 11. All remaining terms and provisions of the Bond Ordinance remain in full force and effect. *~*** - -17- BDDBO] 5863495v1 Passed and adopted by the Common Council of the City of South Bend, Indiana, on the day of , 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA t ur Member of the Common Council ~ ATTEST: ~'~+" r "" {` '~c 6 F ~ a, a . , dry 4r~~~F~'~ 4S~P 6 Ct:) {ii~ E-~ ~~i~~i~(~~ ~'CiY~~iq~v C°'cYa~:5 ~~',t,~E t2~~~eE~ ie'~~ C+j ~~^~~'c:v f:~4~IIIIg G~fi~J Gour~cii ~~ti~~t ~~ f~i5 issue, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of _, 2009, at o'clock .m. City Clerk Approved and signed by me . on the day of , 2009, at o'clock .m. Mayor, City of South Bend, Indiana i s~ ~b~ER~ pustic ~~A~i~?~ 3rd RE~E;Et~4G ~~far ~-.~Ex~a°~Ira ~~~ ~r~ P~~5E~J -18- t'lf~t;3 ~a`1 ~f~~'~°~ ~~i~es~t~ Q CT - 7 20G9 ~GfTYrCr~;it, ~G. Eat, iPd. BDDB01 5863495v1